CT Gen Stat § 7-294d (2020)
2020 Connecticut General Statutes|Title 7 - Municipalities|Chapter 104 - Municipal Police and Fire Protection|Section 7-294d - Powers of council. Certification of police officers, police training schools and law enforcement instructors. Refusal to renew, suspension, cancellation or revocation of certification. Hearing. Automatic certification. Exemptions. Written guidance to law enforcement units.

 (a) The Police Officer Standards and Training Council shall have the following powers:(1) To develop and periodically update and revise comprehensive state and municipal police training plans;(2) To approve, or revoke the approval of, any state or municipal police training school and to issue certification to such schools and to revoke such certification;(3) To set the minimum courses of study and attendance required and the equipment and facilities to be required of approved state and municipal police training schools;(4) To set the minimum qualifications for law enforcement instructors and to issue appropriate certification to such instructors in the field of expertise that such instructors will be teaching;(5) To require that all probationary candidates receive the hours of basic training deemed necessary before being eligible for certification, such basic training to be completed within one year following the appointment as a probationary candidate, unless the candidate is granted additional time to complete such basic training by the council;(6) To require the registration of probationary candidates with the academy within ten days of hiring for the purpose of scheduling training;(7) To issue appropriate certification to police officers who have satisfactorily completed minimum basic training programs;(8) To require that each police officer satisfactorily complete at least forty hours of certified review training every three years in order to maintain certification, unless the officer is granted additional time not to exceed one year to complete such training by the council;(9) To develop an interactive electronic computer platform capable of administering training courses and to authorize police officers to complete certified review training at a local police department facility by means of such platform;(10) To renew the certification of those police officers who have satisfactorily completed review training programs and submitted to a urinalysis drug test that screens for controlled substances, including, but not limited to, anabolic steroids, the result of which indicated no presence of any controlled substance not prescribed for the officer;(11) To establish, in consultation with the Commissioner of Emergency Services and Public Protection, uniform minimum educational and training standards for employment as a police officer in full-time positions, temporary or probationary positions and part-time or voluntary positions;(12) To develop, in consultation with the Commissioner of Emergency Services and Public Protection, a schedule to visit and inspect police basic training schools and to inspect each school at least once each year;(13) To consult with and cooperate with universities, colleges and institutes for the development of specialized courses of study for police officers in police science and police administration;(14) To work with the Commissioner of Emergency Services and Public Protection and with departments and agencies of this state and other states and the federal government concerned with police training;(15) To make recommendations to the Commissioner of Emergency Services and Public Protection concerning a training academy administrator, who shall be appointed by the commissioner, and concerning the hiring of staff, within available appropriations, that may be necessary in the performance of its functions;(16) To perform any other acts that may be necessary and appropriate to carry out the functions of the council as set forth in sections 7-294a to 7-294e, inclusive;(17) To accept, with the approval of the Commissioner of Emergency Services and Public Protection, contributions, grants, gifts, donations, services or other financial assistance from any governmental unit, public agency or the private sector;(18) To conduct any inspection and evaluation that may be necessary to determine if a law enforcement unit is complying with the provisions of this section;(19) At the request and expense of any law enforcement unit, to conduct general or specific management surveys;(20) To develop objective and uniform criteria for recommending any waiver of regulations or granting a waiver of procedures established by the council;(21) To recruit, select and appoint candidates to the position of municipal probationary candidate and provide recruit training for candidates of the Connecticut Police Corps program in accordance with the Police Corps Act, 42 USC 14091 et seq., as amended from time to time;(22) (A) Until December 31, 2024, to develop, adopt and revise, as necessary, comprehensive accreditation standards for the administration and management of law enforcement units, to grant accreditation to those law enforcement units that demonstrate their compliance with such standards and, at the request and expense of any law enforcement unit, to conduct such surveys as may be necessary to determine such unit's compliance with such standards; and (B) on and after January 1, 2025, to work with any law enforcement unit that has failed to obtain or maintain accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc., pursuant to section 7-294ee;(23) To recommend to the commissioner the appointment of any council training instructor, or such other person as determined by the council, to act as a special police officer throughout the state as such instructor or other person's official duties may require, provided any such instructor or other person so appointed shall be a certified police officer. Each such special police officer shall be sworn and may arrest and present before a competent authority any person for any offense committed within the officer's precinct; and(24) To develop and implement written policies, on or before January 1, 2021, in consultation with the Commissioner of Emergency Services and Public Protection concerning the requirements that all police officers undergo periodic behavioral health assessments as set forth in section 7-291e. Such written policies shall, at a minimum, address (A) the confidentiality of such assessments, including, but not limited to, compliance with all provisions of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, (B) the good faith reasons that the administrative head of a law enforcement unit, as defined in section 7-291e, may rely upon when requesting that a police officer undergo an additional assessment, (C) the availability of behavioral health treatment services that will be afforded to any police officer required to undergo a behavioral health assessment pursuant to section 7-291e, (D) the ability of a police officer to review and contest the results of any such assessment, (E) permissible personnel actions, if any, that may be taken by a law enforcement unit based on the results of such assessments while taking into consideration the due process rights of a police officer, (F) the process for selecting psychiatrists and psychologists to conduct such assessments, and (G) financial considerations that may be incurred by law enforcement units or police officers that are attributable to conducting such assessments.(b) No person may be employed as a police officer by any law enforcement unit for a period exceeding one year unless such person has been certified under the provisions of subsection (a) of this section or has been granted an extension by the council. No person may serve as a police officer during any period when such person's certification has been cancelled or revoked pursuant to the provisions of subsection (c) of this section. In addition to the requirements of this subsection, the council may establish other qualifications for the employment of police officers and require evidence of fulfillment of these qualifications. The certification of any police officer who is not employed by a law enforcement unit for a period of time in excess of two years, unless such officer is on leave of absence, shall be considered lapsed. Upon reemployment as a police officer, such officer shall apply for recertification in a manner provided by the council, provided such recertification process requires the police officer to submit to a urinalysis drug test that screens for controlled substances, including, but not limited to, anabolic steroids, and receive a result indicating no presence of any controlled substance not prescribed for the officer. The council shall certify any applicant who presents evidence of satisfactory completion of a program or course of instruction in another state or, if the applicant is a veteran or a member of the armed forces or the National Guard, as part of training during service in the armed forces, that is equivalent in content and quality to that required in this state, provided such applicant passes an examination or evaluation as required by the council. For the purposes of this section, “veteran” means any person who was discharged or released under conditions other than dishonorable from active service in the armed forces and “armed forces” has the same meaning as provided in section 27-103.(c) (1) The council may refuse to renew any certificate if the holder fails to meet the requirements for renewal of his or her certification.(2) The council may cancel or revoke any certificate if: (A) The certificate was issued by administrative error, (B) the certificate was obtained through misrepresentation or fraud, (C) the holder falsified any document in order to obtain or renew any certificate, (D) the holder has been convicted of a felony, (E) the holder has been found not guilty of a felony by reason of mental disease or defect pursuant to section 53a-13, (F) the holder has been convicted of a violation of section 21a-279, (G) the holder has been refused issuance of a certificate or similar authorization or has had his or her certificate or other authorization cancelled or revoked by another jurisdiction on grounds which would authorize cancellation or revocation under the provisions of this subdivision, (H) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have used a firearm in an improper manner which resulted in the death or serious physical injury of another person, (I) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit and considering guidance developed under subsection (g) of this section, to have engaged in conduct that undermines public confidence in law enforcement, including, but not limited to, discriminatory conduct, falsification of reports or a violation of the Alvin W. Penn Racial Profiling Prohibition Act pursuant to sections 54-1l and 54-1m, provided, when evaluating any such conduct, the council considers such conduct engaged in while the holder is acting in such holder's law enforcement capacity or representing himself or herself to be a police officer to be more serious than such conduct engaged in by a holder not acting in such holder's law enforcement capacity or representing himself or herself to be a police officer; (J) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have used physical force on another person in a manner that is excessive or used physical force in a manner found to not be justifiable after an investigation conducted pursuant to section 51-277a, or (K) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have committed any act that would constitute tampering with or fabricating physical evidence in violation of section 53a-155, perjury in violation of section 53a-156 or false statement in violation of section 53a-157b. Whenever the council believes there is a reasonable basis for suspension, cancellation or revocation of the certification of a police officer, police training school or law enforcement instructor, it shall give notice and an adequate opportunity for a hearing prior to such suspension, cancellation or revocation. Such hearing shall be conducted in accordance with the provisions of chapter 54. Any holder aggrieved by the decision of the council may appeal from such decision in accordance with the provisions of section 4-183. The council may cancel or revoke any certificate if, after a de novo review, it finds by clear and convincing evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of this subdivision, or (ii) that the holder of the certificate committed an act set forth in subparagraph (H), (I), (J) or (K) of this subdivision. In any such case where the council finds such evidence, but determines that the severity of an act committed by the holder of the certificate does not warrant cancellation or revocation of such holder's certificate, the council may suspend such holder's certification for a period of up to forty-five days and may censure such holder of the certificate. Any police officer or law enforcement instructor whose certification is cancelled or revoked pursuant to this section may reapply for certification no sooner than two years after the date on which the cancellation or revocation order becomes final. Any police training school whose certification is cancelled or revoked pursuant to this section may reapply for certification at any time after the date on which such order becomes final.(d) Notwithstanding the provisions of subsection (b) of this section, (1) any police officer, except a probationary candidate, who is serving under full-time appointment on July 1, 1982, and (2) any sworn member of the Division of State Police within the Department of Emergency Services and Public Protection, except a probationary candidate, who is serving under full-time appointment on July 31, 2020, shall be deemed to have met all certification requirements and shall be automatically certified by the council in accordance with the provisions of subsection (a) of section 7-294e.(e) The provisions of this section shall apply to any person who performs police functions. As used in this subsection, “performs police functions” for a person who is not a police officer, as defined in section 7-294a, means that in the course of such person's official duties, such person carries a firearm and exercises arrest powers pursuant to section 54-1f or engages in the prevention, detection or investigation of crime, as defined in section 53a-24. The council shall establish criteria by which the certification process required by this section shall apply to police officers.(f) The provisions of this section shall not apply to (1) Connecticut National Guard security personnel, when acting within the scope of their National Guard duties, who have satisfactorily completed a program of police training conducted by the United States Army or Air Force, (2) employees of the Judicial Department, (3) municipal animal control officers appointed pursuant to section 22-331, or (4) fire police appointed pursuant to section 7-313a. The provisions of this section with respect to renewal of certification upon satisfactory completion of review training programs shall not apply to any chief inspector or inspector in the Division of Criminal Justice who has satisfactorily completed a program of police training conducted by the division. Notwithstanding the provisions of subsection (b) of this section, any police officer certified in accordance with subsection (a) of this section may accept employment with another police department within this state without repeating minimum basic training.(g) The council may develop and issue written guidance to law enforcement units concerning grounds for suspension, cancellation or revocation of certification. Such written guidance may include, but not be limited to, (1) reporting procedures to be followed by chief law enforcement officers for certificate suspension, cancellation or revocation, (2) examples of conduct that undermines public confidence in law enforcement, (3) examples of discriminatory conduct, and (4) examples of misconduct while the certificate holder may not be acting in such holder's law enforcement capacity or representing himself or herself to be a police officer, but may be serious enough for suspension, cancellation or revocation of the holder's certificate. Such written guidance shall be available on the council's Internet web site.(February, 1965, P.A. 575, S. 5; 1967, P.A. 669; P.A. 77-289; P.A. 81-426, S. 3; P.A. 82-357, S. 3, 8; P.A. 87-99; 87-560, S. 2; P.A. 91-186; P.A. 92-128, S. 1, 2; P.A. 93-271, S. 1, 3; 93-435, S. 1, 95; P.A. 94-44, S. 1, 2; May Sp. Sess. P.A. 94-6, S. 10, 28; P.A. 95-108, S. 4; P.A. 00-51, S. 1, 2; P.A. 01-195, S. 13, 181; June 30 Sp. Sess. P.A. 03-6, S. 169; P.A. 05-200, S. 1; P.A. 07-151, S. 2; 07-217, S. 22; Sept. Sp. Sess. P.A. 09-7, S. 32; P.A. 11-51, S. 147; 11-61, S. 154; 11-233, S. 2; 11-251, S. 1; P.A. 12-80, S. 189; P.A. 13-144, S. 3; 13-190, S. 1; P.A. 14-131, S. 1; June Sp. Sess. P.A. 15-2, S. 2; July Sp. Sess. P.A. 20-1, S. 3.)History: 1967 act inserted new Subdiv. (k) re personnel and relettered former Subdiv. (k) as Subdiv. (l); P.A. 77-289 added Subdiv. (m) re acceptance of contributions etc.; P.A. 81-426 expanded the authority of the council to all police training programs, except the state police, and enlarged the scope of its powers to include requiring a minimum of 480 hours of basic training for all probationary candidates and setting requirements of in-service training programs and certification; P.A. 82-357 broadened the powers of the council and added provisions dealing with certification of police officers, cancellation or revocation of certificates, automatic certification and part-time police officers; P.A. 87-99 amended Subsec. (f), exempting certain Connecticut national guard security personnel from training requirements; P.A. 87-560 amended Subsec. (a) to delete requirement in Subdiv. (7) re any police officer hired on a part-time basis, renumbering all remaining subdivisions, to require issuance of “certification” in lieu of “certificates of approval” or “certificates”, to clarify that each police officer complete 40 hours of review training every three years “in order to maintain his certification”, to require the renewal of certification for those officers who have satisfactorily completed review training and to require the establishment of “uniform” minimum educational and training standards for all police officers, amended Subsec. (c) to authorize council to refuse to renew any certificate if holder thereof fails to meet requirements for certification renewal to require council to give adequate opportunity for a hearing whenever it believes there is reasonable basis for cancellation or revocation of a police training school or law enforcement instructor certification to permit a law enforcement instructor to reapply for certification two years after date cancellation or revocation order becomes final and to permit a police training school to reapply for certification at any time after date on which order becomes final, and amended Subsec. (e) to specifically provide that section applies to any person who performs police functions, deleting reference to “twenty or more hours per week”; P.A. 91-186 amended Subsec. (f) to exempt any chief inspector or inspector in division of criminal justice who has completed division training program from requirements re renewal of certification; P.A. 92-128 amended Subsec. (c) to authorize council to cancel or revoke any certificate if holder falsified any document in order to obtain or renew any certificate, has been found not guilty of a felony due to mental disease or defect, has been convicted of a violation of Sec. 21a-279(c) or 29-9, has been refused issuance of a certificate or has had certificate revoked by another jurisdiction or has been found to have used a firearm in an improper manner which resulted in death or serious physical injury of another person; P.A. 93-271 amended Subsec. (a)(5) to delete requirement that probationary candidates receive a minimum of 480 hours of basic training and substitute requirement that such candidates receive the hours of basic training deemed necessary and to eliminate obsolete provision in Subsec. (a)(8) relating to police officers who have completed basic training on or before July 1, 1982, effective June 29, 1993; P.A. 93-435 made a technical change in Subsec. (c)(2), effective June 28, 1993; P.A. 94-44 amended Subsec. (a)(8) to authorize council to grant additional time not to exceed one year to a police officer to complete his certified review training, effective May 24, 1994; May Sp. Sess. P.A. 94-6 amended Subsec. (f) to add the exception for employees of the judicial department, effective July 1, 1994; P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council, amended Subsec. (e) to add definition of “performs police functions” and amended Subsec. (f) to explicitly exempt from the section's training requirements sworn members of the state police, trained sheriffs or deputy sheriffs, municipal animal control officers and fire police; P.A. 00-51 amended Subsec. (a) to add management of Connecticut Police Corps program to powers of council and made technical changes for the purposes of gender neutrality, effective May 16, 2000; P.A. 01-195 deleted Subsec. (f)(5) re sheriffs or deputy sheriffs, renumbering existing Subdivs. (6) and (7) as Subdivs. (5) and (6), effective July 11, 2001; June 30 Sp. Sess. P.A. 03-6 added Subsec. (a)(21) and (22) re comprehensive accreditation standards for law enforcement units and appointment of special police officers; P.A. 05-200 amended Subsec. (c)(2) to add Subpara. (I) re commission of acts that would constitute tampering with or fabricating physical evidence, perjury or false statement as grounds for cancellation or revocation of a certificate, require the council to give “notice” prior to such cancellation or revocation and add provision authorizing the council to cancel or revoke a certificate if, after a de novo review, it finds by clear and convincing evidence a basis set forth in Subparas. (A) to (G), inclusive, or that the holder committed an act set forth in Subpara. (H) or (I), and made technical changes for purposes of gender neutrality in Subsec. (c); P.A. 07-151 amended Subsec. (a)(14) to specify that council may employ an unclassified executive secretary, effective June 19, 2007; P.A. 07-217 made a technical change in Subsec. (d), effective July 12, 2007; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a) to delete council's power to employ unclassified executive secretary and add “within available appropriations” in Subdiv. (14) and to make a technical change, effective October 5, 2009; P.A. 11-51 amended Subsec. (a) by requiring schedule to be developed in consultation with Commissioner of Emergency Services and Public Protection in Subdiv. (11), replacing “consult with and cooperate” with “work with the Commissioner of Emergency Services and Public Protection” in Subdiv. (13), deleting authority to employ personnel and adding language authorizing council to make recommendations to commissioner re staff in Subdiv. (14), adding provision re approval of commissioner in Subdiv. (16), replacing “granting” with “recommending” and adding language authorizing council to grant waiver of procedures in Subdiv. (19) and deleting former Subdiv. (22) re appointment of council training instructor, amended Subsec. (f) by replacing “Department of Public Safety” with “Department of Emergency Services and Public Protection”, and made technical changes throughout, effective July 1, 2011; P.A. 11-61 amended Subsec. (a) by adding new Subdiv. (22) re appointment of council training instructor, effective July 1, 2011; P.A. 11-233 amended Subsec. (a)(14) by adding provision re recommendations concerning a training academy administrator appointed by commissioner, effective July 1, 2011; P.A. 11-251 amended Subsec. (f) to allow certified police officers to accept employment with another police department within this state without repeating minimum basic training; P.A. 12-80 amended Subsec. (c)(2)(F) to delete reference to Sec. 29-9; P.A. 13-144 amended Subsec. (c)(2)(I) to delete “in the second degree” re false statement under Sec. 53a-157b; P.A. 13-190 amended Subsec. (a) by adding new Subdiv. (9) re interactive electronic computer platform and redesignating existing Subdivs. (9) to (22) as Subdivs. (10) to (23); P.A. 14-131 amended Subsec. (b) to require council to certify applicants who are veterans or members of the armed forces or National Guard and who present evidence re service training, and to define “veteran” and “armed forces”; June Sp. Sess. P.A. 15-2 amended Subsec. (c)(2)(F) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; July Sp. Sess. P.A. 20-1 amended Subsec. (a) by adding “state and” in Subdiv. (1), adding references to state and municipal in Subdivs. (2) and (3), adding reference to field of expertise in Subdiv. (4), adding provision re urinalysis drug test in Subdiv. (10), adding reference to Commissioner of Emergency Services and Public Protection in Subdiv. (11), adding “municipal” and deleting “, as defined in Sec. 7-294a,” in Subdiv. (21), designating existing provisions as Subpara. (A) in Subdiv. (22) and amending same to add “Until December 31, 2024, to” and add Subpara. (B) re unit that has failed to obtain or maintain accreditation, and adding Subdiv. (24) re periodic behavioral health assessments, amended Subsec. (b) by adding provision re urinalysis drug test, amended Subsec. (c) by adding new Subpara. (I) re conduct undermining public confidence in law enforcement, adding Subpara. (J) re use of physical force, redesignating existing Subpara. (I) as Subpara. (K) and adding provisions re hearing and appeal and 45-day suspension and censure in Subdiv. (2), amended Subsec. (d) by designating provision re police officer serving under full-time appointment on July 1, 1982, as Subdiv. (1) and adding Subdiv. (2) re sworn member of the Division of State Police, amended Subsec. (f) by deleting former Subdivs. (1) and (2) re state police training schools or programs and sworn members of the Division of State Police and redesignating existing Subdivs. (3) to (6) as Subdivs. (1) to (4), added Subsec. (g) re written guidance to law enforcement units and made technical and conforming changes throughout, effective July 31, 2020.Cited. 13 CA 124.Subsec. (a):Former Subdiv. (10) does not establish explicit, well-established and dominant public policy that, irrespective of or in limitation of collective bargaining agreement, a town has control over termination for fitness for duty of a police officer. 255 C. 800.