Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 2.00 - Construction; Application of Rules; Notice › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 555 CMR, the following words and phrases shall have
				the following meaning, unless the context clearly requires otherwise:
Agency
. A law enforcement
				agency.
Appointing Agency
. The agency
				appointing a law enforcement officer.
Chair
. The chair of the
				commission.
Commission
. The Massachusetts Peace
				Officer Standards and Training Commission, established pursuant to M.G.L. c.
				6E, § 2.
Commissioner
. A member of the
				commission.
Conviction
. An adjudication of a
				criminal matter resulting in any outcome except wherein the matter is dismissed
				or the accused is found to be not guilty including, but not limited, to an
				adjudication of guilt with or without the imposition of a sentence, a plea of
				guilty, a plea of
nolo contendere
, an admission to sufficient
				facts, a continuance without a finding or probation.
Division of Standards
. The division of
				police standards, established pursuant to M.G.L. c. 6E, § 8.
Division of Certification
. The
				division of police certification, established pursuant to M.G.L. c. 6E, §
				4.
Executive Director
. The executive
				director of the commission, appointed pursuant to M.G.L. c. 6E, §
				2(g).
Law Enforcement Agency
.
(a) a state, county, municipal or district
			 law enforcement agency including, but not limited to, a city, town or district
			 police department, the office of environmental law enforcement, the University
			 of Massachusetts police department, the department of the state police, the
			 Massachusetts Port Authority police department, also known as the Port of
			 Boston Authority police department, and the Massachusetts Bay Transportation
			 Authority police department;
(b) a
			 sheriff's department in its performance of police duties and functions;
			 or
(c) a public or private college,
			 university or other educational institution or hospital police department.
Law Enforcement Officer
or
Officer
. Any officer of an agency, including the head
				of the agency; a special state police officer appointed pursuant to M.G.L. c.
				22C, § 58 or § 63; a special sheriff appointed pursuant to M.G.L. c.
				37, § 4 performing police duties and functions; a deputy sheriff appointed
				pursuant to M.G.L. c. 37, § 3 performing police duties and functions; a
				constable executing an arrest for any reason; or any other special, reserve or
				intermittent police officer.
Officer-involved Injury or Death
. Any
				event during which an officer:
(a)
			 discharges a firearm, as defined in M.G.L. c. 140, § 121, actually or
			 proximately causing injury or death to another;
(b) discharges any stun gun as defined in
			 M.G.L. c. 140, § 121, actually or proximately causing injury or death to
			 another;
(c) uses a chokehold,
			 actually or proximately causing injury or death of another;
(d) discharges tear gas or other chemical
			 weapon, actually or proximately causing injury or death of another;
(e) discharges rubber pellets from a
			 propulsion device, actually or proximately causing injury or death of
			 another;
(f) deploys a dog,
			 actually or proximately causing injury or death of another;
(g) uses deadly force, actually or
			 proximately causing injury or death of another;
(h) fails to intervene, as required by M.G.L.
			 c. 6E, § 15, to prevent the use of excessive or prohibited force by
			 another officer who actually or proximately causes injury or death of another;
			 or
(i) engages in a physical
			 altercation with a person who sustains serious bodily injury or requests or
			 receives medical care as a result, provided that such medical care relates to
			 an actual condition or injury that is more than
de minimis
. An
			 injury is more than
de minimis
where it produces an observable
			 injury or medical condition, the customary medical response to which would
			 include that a person visit an emergency room, or have a doctor or other
			 medical professional attend to, give an opinion regarding, diagnose, and/or
			 provide medical treatment for the injury or condition.
Presiding Officer
. The commissioner,
				panel of commissioners, or special hearing officer or panel of special hearing
				officers designated by the chair to conduct an adjudicatory proceeding pursuant
				to 555 CMR
				1.10(1).
Serious Bodily Injury
. A bodily injury
				that results in:
(a) permanent
			 disfigurement;
(b) protracted loss
			 or impairment of a bodily function, limb or organ; or
(c) a substantial risk of death.
Single Commissioner
. The commissioner
				assigned to conduct a hearing pursuant to
				555
				CMR 1.09:
Single Commissioner Review
				of Suspensions
.