Connecticut’s Police Billfirst-read highlights
On the heels of Colorado’s sweeping police-reform bill, Connecticut has just passed its own new law, “An Act Concerning Police Accountability”, number 6004.
Here are my notes from my first quick read through. I’m particularly struck by their adoption of a cause of action for violations of rights, along with limits on qualified immunity, as we also saw in Colorado.
- mandatory officer certification
- drug testing, mentioning anabolic steroids specifically
- periodic behavioral health assessments
- revoke certifications for “conduct that undermines public confidence in law enforcement”
- revoke certifications for excessive or unjustified force
- task to develop a uniform state crowd control policy
- add implicit bias training to requirements
- FOIA prevails over agreements (settlements?) and arbitration awards
- ban on agreements (settlements?) and awards prohibiting disclosure of disciplinary action based on code of ethics
- reports on minority recruiting in areas with significant minority populations
- list of new ideas for task force to study
- badge and name tag requirements
- psych assessment definition specifically mentions PTSD
- framework for town civilian police review boards
- feasibility study on social workers in police departments
- task to develop technical specs for dashcams
- dashcam in every vehicle
- no asking to search vehicles stopped just for traffic violations
- no asking for more document than needed during traffic stops
- consent doesn’t justify search without probable cause
- add an enhancement to the crime of false reporting for discriminatory false reporting
- add a similar enhancement to the crime of misusing 9-1-1
- justified deadly force:
- objectively reasonable
- exhausted reasonable alternatives
- no substantial risk to third parties
- chokes (both oxygen and blood): only when necessary for defense from imminent deadly force
- duty to intervene, attempt to stop, or guilty of the same offense
- duty to report
- no retaliation
- electronic force reporting
- task to develop standard form and method for reporting
- no certifying security people decertified as police
- mandatory Inspector General review of deaths in custody
- Inspector General must prosecute unjustified force and failure to intervene
- medical examiner must investigate deaths in custody
- Department of Corrections must notify of deaths in custody
- prohibit quotas for pedestrian citations
- no acquiring military or other banned equipment
- cause of action for rights violations
- analogous to section 1983
- immunity only with objectively good faith belief that didn’t violate the law
- municipality and enforcement unit indemnity to officers, except when malicious, wanton, or wilful
- cost and attorneys’ fees if violations deliberate, wilful, reckless indifference
- one-year statute of limitations
- task force to report on implementation and effects on acquiring insurance for police officers and departments
- correction officers duty to intervene, try to stop, report
- require Commission on Accreditation for Law Enforcement Agencies accreditations
Your thoughts and feedback are always welcome by e-mail.