An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth
This legislation includes the following provisions that may have a substantial financial impact on municipalities:
- Section 23— Adds §§ 116H, 116I, 116J, and 116K to M.G.L. c. 6, requiring the Municipal Police Training Committee (MPTC) to develop in-service training for school resource officers (SROs), a program within recruit basic training on appropriate interactions with persons with autism and those with intellectual and developmental disabilities, basic and in-service training programs on the regulation of physical force, and a course on mental wellness and suicide prevention, two hours annually. § 116K specifically requires all law-enforcement officers to annually attend and complete the course on mental wellness and suicide prevention. All of these programs are likely to impose costs on municipalities for officer time and backfill.
- Section 26— Adds § 220 to M.G.L. c. 6, requiring law-enforcement agencies to document each facial recognition search performed and provide such documentation quarterly to the Executive Office of Public Safety and Security (EOPSS).
- Section 30—Adds new M.G.L. c. 6E creating the Massachusetts Peace Officer Standards and Training (POST) Commission, which contains the following notable sections:
- Section 5 requires all law-enforcement agencies to be certified by the POST Commission. The Division of Police Certification within the POST Commission in consultation with the MPTC, and subject to approval of the POST Commission, shall establish minimum certification standards for all law-enforcement agencies. Law-enforcement agencies are required to remain in compliance with c. 6E and all rules and regulations promulgated by the POST Commission.
- Section 8 requires the head of a law-enforcement agency to transmit any complaint that the agency receives within two business days to the Division of Police Standards within the POST Commission and to transmit a report to that division if an officer resigns during an agency investigation or before the imposition of agency discipline.
- Section 14(e) requires a police department that has advance notice of a mass demonstration to attempt to communicate with event organizers, make plans to avoid and de-escalate potential conflicts, and designate an officer in charge of de-escalation planning and communication about the plans within the department. This section also provides that if a law-enforcement officer uses, or orders the use of, tear gas, any other chemical weapon, rubber pellets, or a dog against a crowd, the officer’s appointing law-enforcement agency shall file a report with the POST Commission detailing all measures that were taken to de-escalate tensions and avoid the necessity of using tear gas, etc.
- Section 15(c) provides that a law-enforcement agency shall implement a policy and procedure for personnel to report abuse by other personnel without fear of or actual retaliation.
- Section 42—Amends M.G.L. c. 19, § 25 to require the Center for Police Training in Crisis Intervention (renamed the Center for Responsive Training in Crisis Intervention) to promote the use and adequate resourcing of trained community-based crisis response resources to assist residents when an exclusive police response is not best suited to the concerns or is inappropriate or unnecessary, and to provide training on best practices (including efforts to prioritize de-escalation tactics and techniques in crisis response situations), on institutional and structural racism and implicit bias, and on best practices for responding to mass gatherings or protests that will emphasize de-escalation and minimizing the necessity for use of force.
- Section 79—Requires the chief of police of a municipality to establish operating procedures for school resource officers (SROs) as well as a memorandum of understanding with the local school superintendent. This section clarifies that assignment of SROs is at the discretion of the superintendent.
- Section 90—Adds new § 85BB to M.G.L. c. 231, imposing treble damages, or imprisonment for not more than two years, on any police officer who submits a false or fraudulent claim of hours worked for payment. This section could result in costs to cities and towns related to litigation of these issues.
- Section 94— Limits the issuance of no-knock warrants to instances where the life of the police officer or someone else would be at risk if the officer were to announce his/her presence. Prohibits the use of no-knock warrants where minors or seniors are reasonably believed to be in the home, unless there is a credible risk of imminent harm to such minors or seniors. Allows an officer to enter without knocking to prevent a credible risk of imminent harm. This section, if violated, could result in civil actions against police departments, which may impose costs on municipalities.
- Section 99—Requires every law enforcement agency to report the comprehensive disciplinary record for each law-enforcement officer currently employed to the POST Commission. Requires the POST Commission to provide each law-enforcement agency a list of officers currently employed in the Commonwealth and requires an agency to report the comprehensive disciplinary record for each law-enforcement officer previously employed by said agency to the POST Commission. There may be costs to municipalities associated with this recordkeeping and information sharing.
- Section 109— Requires SRO certification by December 31, 2021. There will likely be costs associated with training and certification of SROs.
- Section 118—Requires the MPTC to promulgate regulations requiring law enforcement agencies to participate in critical incident stress management and peer support programs to address police officer mental wellness and suicide prevention as well as critical incident stress and the effect on public safety. This provision could impose costs on agencies to send officers to these programs or run these programs themselves.