2023 -- S 0811

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LC002554

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICER SCREENING, DISCIPLINE AND DECERTIFICATION

     Introduced By: Senators Acosta, Quezada, Britto, Mack, and Euer

     Date Introduced: March 23, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 28.11

LAW ENFORCEMENT OFFICER SCREENING, DISCIPLINE, AND DECERTIFICATION

     42-28.11-1. Definitions.

     As used in this chapter:

     (1) “Board” or “POST board” means peace officer standards and training board in § 42-

28.11-2.

     (2) “Conviction” means and includes a finding or a verdict of guilt, a plea of guilty, or a

plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or

sentence is withheld or not entered thereon.

     (3) “Employing agency” means the law enforcement agency employing or appointing the

police officer.

     (4) “Law enforcement agency” or “agency” means any police department, sheriff’s

department, the police department of any campus of any college or university within the state and

the state police.

     (5) “Officer” means an agent, operative, or official of this state, a subdivision or

municipality thereof, who, as an employee for hire or as a volunteer of a law enforcement agency

or other governmental entity, is vested either expressly by law or by virtue of public employment

or service with authority to enforce the criminal or traffic laws through the power of arrest and

whose duties include the preservation of public order, the protection of life and property, and the

prevention, detection, or investigation of crime. "Officer" shall also include certified private police.

     (6) “Serious bodily injury” means bodily injury that results in a permanent disfigurement,

extreme physical pain, loss or impairment of a bodily function, limb or organ, or a significant risk

of death. Examples of serious bodily injury include: broken bones, closed head injuries, loss of

consciousness, as well as any other injuries that could result in death or disfigurement.

     42-28.11-2. The police officer standards and training board - composition and

appointment.

     (a) There is hereby stablished a police officer standards and accreditation board ("board").

All appointments of members to the board shall be for a term of three (3) years commencing the

first day of February next following their respective appointment(s) and until their respective

successors shall be appointed and qualified to succeed the person or persons whose term next

expires. There shall be fifteen (15) members of said board as follows:

     (1) The colonel of the Rhode Island state police, or designee;

     (2) The commissioner of public safety for the city of Providence, or designee;

     (3) One chief of police selected by the Rhode Island police chiefs' association;

     (4) One law enforcement officer selected by the Rhode Island minority police association;

     (5) One law enforcement officer below the rank of sergeant appointed by the governor;

     (6) One law enforcement officer of any rank appointed by the governor;

     (7) One law enforcement officer with an educational or law enforcement training

background to be appointed by the governor;

     (8) The attorney general, or designee;

     (9) Seven (7) non-law enforcement persons appointed by the governor. A minimum of

three (3) whom shall be from the office of diversity, equity and opportunity.

     (b) Members of the board shall be eligible for reappointment.

     (c) The governor shall appoint a chairperson of the board.

     (d) None of the board members outlined in subsection (a) of this section shall be employed,

or have been previously employed, as an officer.

     (e) When a board member may have an actual, perceived, or potential conflict of interest

or appearance of bias that could prevent the board member from making a fair and impartial

decision in a suspension or decertification proceeding, the board member shall recuse themself; or

if the board member fails to recuse themself, then the board may, by a simple majority, vote to

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recuse the board member from the proceeding.

     (f) A “conflict of interest or appearance of bias” in subsection (c) of this section may

include, but is not limited to, matters where a party in a disciplinary proceeding is: an individual

with whom the member has an employment relationship; the member’s relatives or friends, or an

individual belonging to a professional organization, association, or a union in which the member

now actively serves.

     (g) A board member may be removed if the member:

     (1) Is guilty of malfeasance in office or commits gross misconduct;

     (2) Substantially neglects the duties of a board member;

     (3) Is unable to discharge the powers and duties of the board;

     (4) Is convicted of a felony; or

     (5) Engaged in any conduct that could be a basis for board.

     (h) During the term of their tenure, board members may not hold or seek office in any state

or local legislature, or serve as the chief executive of any state or local government.

     42-28.11-3. Board powers.

     The board is vested with the following powers:

     (1) To meet at such times and places as it may deem necessary;

     (2) To hire staff persons to assist the board in carrying out its duties and functions;

     (3) To contract with other agencies, public or private, or persons as it deems necessary for

the rendering and affording of such services, facilities, studies, and reports as will best assist it to

carry out its duties and responsibilities;

     (4) To cooperate with and secure the cooperation of every department, agency, or

instrumentality in the state government or its political subdivisions in the furtherance of the

purposes of this chapter;

     (5) To refuse to grant a certificate to or to discipline a certified officer under this chapter

or any antecedent law;

     (6) To compel the attendance of witnesses and the production of any book, writing, or

document by issuing a subpoena therefor; and

     (7) To do any and all things necessary or convenient to enable it to perform wholly and

adequately its duties and to exercise the power granted to it.

     42-28.11-4. Background checks and other agency investigation obligations.

     (a) For purposes of this section, the term “employment-related information” means written

information contained in an employer's records or personnel files that relates to an applicant’s

performance or behavior while employed by such employer, including all performance evaluations,

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complaints (regardless if deemed unfounded or unsubstantiated), disciplinary records and records

concerning investigations of misconduct (regardless of the result of the investigation), and records

concerning eligibility for rehire. “Employment-related information” shall not include information

prohibited from disclosure by federal law.

     (b) Any applicant who has been offered a conditional offer of employment as an officer

shall submit to a background investigation by the agency looking to employ the applicant (the

“employing agency”) to determine the applicant’s suitability for employment and good character.

Employing agencies shall only make an offer of employment that is conditional on the completion

of a background investigation of the applicant.

     (c) Employing agencies shall not make a nonconditional offer of employment to an

applicant who has satisfied any of the grounds for discipline of this chapter, or upon finding that

the applicant lacks good character.

     (d) Employing agencies shall disclose to the board any information it uncovers that could

provide grounds for discipline by the board.

     (e) The board may inspect and copy the documentation of an employing agency to ensure

compliance with this section.

     (f) The agency chief, or designee, shall verify in writing to the board under penalty of

perjury that they have complied with all background check requirements and have found the

applicant not to have satisfied any of the grounds for discipline except for if at least five (5) years

have passed since the applicant engaged in the conduct that formed the basis for the criminal

conviction and the conduct occurred before the applicant was certified as a law enforcement officer;

     (g) If they have found an applicant:

     (1) To have satisfied any of the grounds for discipline; or

     (2) To have satisfied any of the grounds for discipline and that at least five (5) years have

passed since the applicant engaged in the conduct that formed the basis for the conviction and the

conduct occurred before the applicant was certified as a law enforcement officer, the agency chief,

or designee, have considered and evaluated the circumstances of the officer’s conduct in light of

the factors; and

     (3) To have good moral character, before making any nonconditional offer of employment.

     (h) The board shall adopt rules that establish procedures for conducting background

investigations. The rules must specify a form for employing agencies to use to document the

findings of the background investigation. The background check must include, at a minimum:

     (1) A criminal history check;

     (2) Review of the National Decertification Index (and/or other similar national or regional

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indices specified by the board),

     (3) Review of board decertification, disciplinary, and any other records the board possesses

concerning the applicant;

     (4) Review of disciplinary records held by any other state or local agency or entity;

     (5) Review of all employment-related information from each of the applicant’s previous

and current law enforcement or correctional agency employers;

     (6) Communication with the local prosecuting authority in any jurisdiction in which an

officer has served to determine whether the officer is on any potential impeachment disclosure list;

     (7) Fingerprinting the applicant for the purpose of conducting a fingerprint-based search of

the Federal Bureau of Investigation, and other relevant databases to determine the existence of any

warrants, arrests, or criminal records;

     (8) Written communication with each of the applicant’s references, including a written

reference from each law enforcement, correctional, and private safety agency that has employed

the applicant. Each agency providing a reference must include in their reference whether the agency

is aware of any conduct committed by the applicant that could satisfy any of the grounds for

discipline, including any conduct the agency was investigating, even if the agency did not complete

its investigation because the applicant resigned from his or her position at the agency while the

investigation was pending; and

     (9) Verification of the applicant’s education and military history.

     (i) The applicant must provide the employing agency with at least the following

information:

     (1) A complete list of all law enforcement, correctional, and private safety agencies that

have employed the applicant as well as a reference from each agency;

     (2) Information setting forth the facts and reasons for any of the applicant's previous

separations from private or public employment or appointment, as the applicant understands them.

For the purposes of this subsection, the term “separation from employment or appointment”

includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave

of absence from any salaried or non-salaried position;

     (3) A signed declaration verifying under penalty of perjury that all of the information the

applicant has provided during the background investigation is true and correct to the best of the

applicant’s knowledge; and

     (4) A signed release allowing background investigation information to be shared with other

law enforcement or correctional agencies, or private safety agencies of which the applicant may

become affiliated.

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     (j) For each applicant, the employing agency must ask each of the applicant’s current and

previous employers in writing to disclose all employment-related information to the employing

agency, and each employer must disclose all employment-related information upon receiving a

written request from the employing agency.

     (1) Each employer shall also disclose the reason for the applicant’s separation from the

employer.

     (2) Any person or entity who discloses information to the board in good-faith pursuant to

this section is immune from civil liability arising from the disclosure.

     (k) Post-hire.

     (1) The employing agency shall annually run a criminal history, arrest, and warrant check

for each officer it employs.

     (2) Employing agencies must have a policy requiring officers to immediately report to their

employing agency any pending criminal charges against them, and any conviction, plea, or other

case disposition.

     (l) Enforcement.

     (1) In order for a law enforcement agency to be eligible to receive any state law

enforcement funding or any state-administered federal grant, the chief law enforcement officer of

that agency must certify annually in writing to the board that the agency complied with all of the

requirements set forth in this section in the previous calendar year. If the chief law enforcement

officer submits a written certification while knowing that the agency has not complied with all of

the requirements set forth under this section, they shall be fined no more than one-quarter (1/4) or

one-half (1/2) of their annual salary.

     (m) The board also may impose a civil penalty on employing agencies not to exceed five

thousand dollars ($5,000) per violation for the failure of an employing agency to follow the

requirements of this section.

     42-28.11-5. Reporting misconduct and other information.

     (a) For purposes of this section, “police oversight agency” means any agency, board, or

commission created by a political subdivision to accept and review complaints against law

enforcement officers employed by the political subdivision.

     (b) Any person or entity who discloses information to the board in good-faith pursuant to

this section is immune from civil liability arising from the disclosure.

     (c) Permissive reporting

     (1) Any person or entity may notify the board of any conduct the person believes an officer

has committed that could give rise to discipline from the board. Upon written request, the board

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shall disclose to the person or entity who filed a notice of violation the status of the board’s review.

     (2) The notice of violation reported under subsection (a) of this section shall be on a form

prescribed by the board. The board shall make the form publicly available by paper and electronic

means.

     (3) Nothing in this subsection shall preclude the board from receiving, investigating, or

acting upon allegations made anonymously.

     (4) The identity of any person or entity reporting a notice of violation shall be kept

confidential and may not be disclosed without the written consent of that person. The

confidentiality granted by this subsection does not preclude the disclosure of the identity of a person

in any capacity other than as the source of an allegation.

     (d) Mandatory agency and officer reporting. An officer and his or her employing agency

both shall report to the board, on a form provided by the board, any of the following within five (5)

business days:

     (1) Separation of an officer from an employing agency for any reason, including

termination, resignation, or retirement. If the employing agency accepts an officer’s resignation or

retirement in lieu of termination, the employing agency shall report its reasons and rationale to the

board, including the findings from any internal or external investigations into misconduct.

     (2). Any disciplinary action taken against an officer by the employing agency or any other

federal, state, or municipal agency, organization, or department. Disciplinary action includes any

suspension, demotion, or reprimand. The agency must make available to the board any records

concerning the disciplinary action.

     (3) Any arrest of the officer for any crime.

     (e) Any law enforcement agency that arrests anyone the agency knows to be an officer

must report the arrest to the board within five (5) business days of the arrest.

     (f) The employing agency, as well as any police oversight agency, shall transmit to the

board any complaint it receives alleging officer conduct that could give rise to officer discipline

pursuant to any grounds for discipline specified in subsection (c) of this section, in a form to be

determined by the board, no later than seven (7) days after the complaint is filed. The board,

however, may establish a streamlined process for the reporting or handling of minor complaints

that do not involve allegations involving the use of force or officer conduct that could give rise to

criminal liability.

     (g) The employing agency and officer both shall notify the board within two (2) days of

any incident involving the use of physical force by the officer that resulted in death or serious bodily

injury; or of learning that an officer has been charged with a crime, and any subsequent case

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dispositions following the charge(s).

     (h) The employing agency shall report to the board on a form provided by the board any

other officer conduct or information that could give rise to officer discipline and any other officer

conduct or information that board chooses to require, including the remaining grounds for

discipline no later than seven (7) days from the date the agency learns of the information.

     (i) An officer’s employing agency must submit any investigative findings and supporting

information and documentation to the board related to the triggering events or conduct. The board

may inspect and copy an employing agency’s records to ensure compliance with this subsection.

     (j) Enforcement.

     (1) In order for a law enforcement agency to be eligible to receive any state law

enforcement funding or any state-administered federal grant, the chief law enforcement officer of

that agency must certify annually in writing to the board that the agency complied with all of the

requirements set forth in this section in the previous calendar year. If the chief law enforcement

officer submits a written certification while knowing that the agency has not complied with all of

the requirements set forth under this section, they shall be fined no more than one-quarter (1/4) or

one-half (1/2) of their annual salary.

     (2) The attorney general may investigate, and if warranted, bring a civil action against any

law enforcement agency to obtain equitable or declaratory relief to enforce the provisions of this

section.

     (3) The board may impose a civil penalty on officers and employing agencies not to exceed

five thousand dollars ($5,000) per violation for the failure of an officer or an employing agency to

timely and accurately report information as required by this section.

     42-28.11-6. Investigations and board data tracking.

     (a) Preliminary review.

     (1) When the board learns of alleged officer conduct or information that could give rise to

officer discipline, the board shall complete a preliminary review of the allegations to determine if

there is sufficient information to warrant further investigation.

     (2) Upon initiating a preliminary review of the allegations, the board shall notify the head

of the agency that employs the officer who is subject of the allegations that the board is conducting

a preliminary review.

     (3) At the board’s request, the employing agency must submit copies of any relevant

investigative findings, evidence, or documentation to the board to facilitate the board’s preliminary

review, in accord with rules adopted by the board.

     (b) If, after a preliminary review of the allegations, the board believes an officer may have

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engaged in conduct or the board learns that a law enforcement agency terminated the officer’s

employment for-cause or that the officer resigned in lieu of termination or retired in lieu of

termination, then the board shall assign the allegations for further investigation.

     (c) The board shall either conduct the further investigation itself or assign the further

investigation to the agency that employs the officer or the attorney general.

     (1) The board shall set a deadline of six (6) months from the date of assignment for the

entity assigned to conduct further investigation to complete its investigation.

     (2) The entity conducting further investigation shall, within seven (7) days of completing

an investigation, deliver an investigative summary report and copies of any evidence to the board.

     (d) Proceeding with charges. If the board elects to prepare and serve upon the officer a

statement of charges, the board shall do so no later than four (4) months after receiving the

investigative summary report, associated evidence, and any supplementary materials that the board

requests from the investigating entity.

     (e) Data tracking and agency reporting obligations. The board shall create and maintain a

database containing records for each certified officer that includes:

     (1) The date of initial certifications and date(s) of any recertifications;

     (2) All charges brought by the board and any discipline imposed by the board against the

officer, including suspension and decertification;

     (3) The date(s) of any suspensions or decertification and the reason for said suspension or

decertification;

     (4) All separations of an officer from an employing agency and the nature of the separations

(e.g. resignation, retirement, termination, resignation in lieu of termination);

     (5) The reasons for any separation of an officer from an employing agency, including

whether the separation was based on misconduct or occurred while the employing agency was

investigating the officer for violating the employing agency’s rules or policies, or for other

misconduct or improper action.

     (6) The nature and outcome of any disciplinary proceedings taken against the officer by an

employing agency;

     (7) All complaints received by the board and the basis for the complaint;

     (8) Any incident involving the use of force by the officer that resulted in death or serious

bodily injury;

     (9) All arrests and criminal charges brought against the officer, as well as any subsequent

case dispositions following the charges;

     (10) Any other officer conduct reported to the board that could give rise to discipline; and

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     (11) any other information the board deems appropriate.

     (f) The board shall actively monitor the database to identify patterns of alleged officer

misconduct that could provide a basis for investigation and could inform the appropriate discipline

to impose.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICER SCREENING, DISCIPLINE AND DECERTIFICATION

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     This act would create an officer discipline board and would require law enforcement

personnel to comply with this act.

     This act would take effect upon passage.

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