reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 3.00 - Requirements for Law Enforcement Officer Training › Section 3.07 - In-service Training

Current through Register 1525, July 5, 2024
(1)
Requirements
. Law enforcement officers are required to
			 complete all components of inservice training annually. The training year will
			 start on July 1st and end on June
			 30th. Officers who graduate from the police academy
			 are not required to complete in-service training for the training year in which
			 they graduate.
(2)
Components
.
(a) 40
			 hours of in-service training annually. Each year the Committee will determine
			 what curricula are to be taught and the manner of delivery to meet this
			 requirement.
(b) First aid and
			 cardiopulmonary resuscitation pursuant to M.G.L. c. 111, § 201.
(c) Annual MPTC firearms qualification and
			 training standards regardless of whether the agency issues weapons to its
			 officers.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 3.00 - Requirements for Law Enforcement Officer Training › Section 3.08 - Specialized Training

Current through Register 1525, July 5, 2024
(1)
Mandated Specialized Training
. The Committee shall
			 provide training and officers must complete said training when initially
			 assigned including, but not limited to, the following specialty assignments:
(a) Law enforcement officers who receive an
			 appointment to a position of a higher rank shall complete a course of
			 supervisory training pursuant to M.G.L. c. 41, § 96B.
(b) Law enforcement officers who are assigned
			 to a department or regional rape reporting and prosecution unit shall complete
			 a course of training in the counseling of victims of rape and the prosecution
			 of alleged perpetrators of the crime of rape pursuant to M.G.L. c. 41, §
			 97B.
(c) Upon their first
			 promotion, officers shall complete a refresher seminar in suicide prevention
			 pursuant to M.G.L. c. 40, § 36C.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 3.00 - Requirements for Law Enforcement Officer Training › Section 3.09 - Training Compliance for Law Enforcement Officer Certification

Current through Register 1525, July 5, 2024
All law enforcement officers must remain in compliance with the
				training requirements enumerated in
				550 CMR
				3.00 in order to be eligible for certification by the
				Peace Officer Standards and Training (POST) Commission pursuant to M.G.L. c.
				6E. Any deferments or extensions for training requirements must be approved by
				the POST Commission.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 3.00 - Requirements for Law Enforcement Officer Training › Section 3.10 - Recruit Training - Personal Accountability/Discipline

Current through Register 1525, July 5, 2024
(1)
Standards of Conduct
. Recruit training is a structured training environment requiring the highest standards of conduct and respect for authority. Recognition of the authority of superiors is expected at all times. A student officer is expected to show respect for, and obey the lawful orders of, the academy director, program administrator, staff instructors, non-staff instructors, and any other officials or staff of the academy, training program or the Committee, including administrative and support personnel. Failure to do so may result in disciplinary sanctions, up to and including dismissal for disciplinary reasons.
(2)
Purpose
. The primary purpose of the disciplinary system is to maintain order and discipline among student officers. It prepares student officers to work within a system of policies, procedures, rules and regulations, thus helping to develop the self-discipline necessary to function effectively as a police officer in a position of public trust. It is a surrogate for the progressive disciplinary systems found in police departments, but is designed to be instructional and corrective. Its application teaches personal accountability, encouraging student officers to place a high sense of duty above self-interest, and to accept full responsibility for actions or inactions.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 3.00 - Requirements for Law Enforcement Officer Training › Section 3.11 - Police Academy Offenses, Corrective Action and Dismissals

Current through Register 1525, July 5, 2024
(1)
Classes of Offenses for Police Academies
. Academy offenses are set forth in the
Abstract of Delinquencies
section of the Committee's sub-regulatory policies and procedures, and may be supplemented by academy-specific sub-regulatory policies, procedures, rules and regulations approved pursuant to 550 CMR 3.05(1). Academy offenses have been categorized into three classes, determined by the seriousness of the offense, as follows:
(a)
Class I
. Commission of a Class I offense shall result in dismissal from the academy for disciplinary reasons, pursuant to 550 CMR 3.11(3)(c).
(b)
Class II
. Commission of a Class II offense shall, at a minimum, result in the issuance of a written disciplinary warning to the student officer.
(c)
Class III
. Commission of a Class III offense shall, at a minimum, result in a student officer preparing a "To-from" memorandum to the academy director or a staff instructor in which the student acknowledges the breach and relates the subject of the breach to police service.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 3.00 - Requirements for Law Enforcement Officer Training › Section 3.12 - Reserve/Intermittent Training Program Offenses, Corrective Action and Dismissals

Current through Register 1525, July 5, 2024
(1)
Classes of Offenses for Reserve/Intermittent Training Programs
. Offenses are set forth in the Abstract of Delinquencies section of the Committee's sub-regulatory policies and procedures, and may be supplemented by training program sub-regulatory policies, procedures, rules and regulations approved pursuant to 550 CMR 3.05(1). Training program offenses have been categorized into two classes, determined by the seriousness of the offense, as follows:
(a)
Class I
. Commission of a Class I offense shall result in dismissal from the training program for disciplinary reasons, pursuant to 550 CMR 3.10(4)(c).
(b)
Class II
. Commission of a Class II offense shall, at a minimum, result in the student officer preparing a "To-from" memorandum to the program administrator or staff instructor by the accused student officer and upon a finding the offense occurred, the issuance of an oral disciplinary warning to the student officer.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 550 CMR 6.00 is to establish rules governing the use of force by law enforcement officers. 550 CMR 6.00 is promulgated requiring the Peace Officer Standards and Training Commission and the Municipal Police Training Committee to jointly promulgate rules and regulations governing the use of force by law enforcement officers.
(2)
Scope
. 550 CMR 6.00 applies to all law enforcement officers as defined in M.G.L. c. 6E, §1.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.02 - Authorization

Current through Register 1525, July 5, 2024
550 CMR 6.00 is promulgated pursuant to M.G.L. c. 6E, § 15(d) requiring the Peace Officer Standards and Training Commission and the Municipal Police Training Committee to jointly promulgate rules and regulations governing the use of force by law enforcement officers.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.04 - Use of Non-deadly Force

Current through Register 1525, July 5, 2024
(1) A law
			 enforcement officer shall not use force upon another person, unless
			 de-escalation tactics have been attempted and failed or are not feasible based
			 on the totality of the circumstances and such force is necessary and
			 proportionate to:
(a) effect the lawful arrest
			 or detention of a person;
(b)
			 prevent the escape from custody;
(c) prevent imminent harm and the amount of
			 force used is proportionate to the threat of imminent harm, while protecting
			 the safety of the officer or others; or
(d) defend against an individual who
			 initiates force against an officer.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.05 - Use of Deadly Force

Current through Register 1525, July 5, 2024
(1) A law
			 enforcement officer shall not use deadly force upon a person, unless
			 de-escalation tactics have been attempted and failed or are not feasible based
			 on the totality of the circumstances and such force is necessary to prevent
			 imminent harm to a person and the amount of force used is proportionate to the
			 threat of imminent harm, and;
(a) The imminent
			 harm poses an imminent danger of death or serious bodily injury to the officer
			 or another person;
(b) The officer
			 attempts as many de-escalation tactics that are feasible under the
			 circumstances, including utilizing barriers where feasible; and
(c) The officer uses only the amount of force
			 that is objectively reasonable.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.06 - Duty to Intervene

Current through Register 1525, July 5, 2024
A law enforcement officer present and observing another officer
				using or attempting to use physical force, including deadly force, beyond that
				which is necessary or objectively reasonable based on the totality of the
				circumstances, shall intervene to prevent the observed officer's use of
				unnecessary or unreasonable force, regardless of the rank of the officer so
				observed, unless intervening would result in imminent harm to the officer or
				another identifiable individual.
The failure of a law enforcement officer to intervene as set
				forth in
				550
				CMR 6.06 may subject the officer to
				de-certification by the Commission.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.07 - Use of Force Reporting

Current through Register 1525, July 5, 2024
(1) Law enforcement
			 agencies shall develop and implement a policy and procedure for reporting the
			 use of force. Such policy shall mandate reporting such incidents including, but
			 not limited to, officer-involved injuries or deaths as described in
			 550 CMR
			 6.00, and include the use of a standard use of force
			 reporting form as approved by the Committee and the Commission which shall be
			 completed by any officer who uses force.
(2) Law enforcement agencies shall report to
			 the National Use of Force Data Collection Database when actions by a law
			 enforcement officer resulted in the death or serious bodily injury of an
			 individual, or when a law enforcement officer, in the absence of death or
			 serious bodily injury, discharged a firearm at or in the direction of a
			 person.
(3) Law enforcement
			 agencies are not required to report the discharge of a firearm during training
			 or qualification exercises, or for the purposes of animal
			 destruction/euthanasia where necessary.
(4) An officer who observes another officer
			 using physical force, including deadly force, beyond that which is necessary or
			 objectively reasonable based on the totality of the circumstances shall report
			 the incident to an appropriate supervisor as soon as reasonably possible but
			 not later than the end of the officer's shift. The officer shall prepare a
			 detailed written statement describing the incident consistent with uniform
			 protocols. The officer's written statement shall be included in the
			 supervisor's report.
(5) An officer
			 who knowingly makes an untruthful statement concerning a material fact or
			 knowingly omits a material fact from a use of force report may be subject to
			 decertification.
(6) Law
			 enforcement agencies shall develop and implement a policy and procedure for law
			 enforcement personnel including, but not limited to, law enforcement officers,
			 to report abuse by other law enforcement personnel including, but not limited
			 to, law enforcement officers, without fear of retaliation or actual
			 retaliation.
(7) Any harassment,
			 intimidation, or retaliation against any officer who either intervened to
			 prevent or stop an excessive force incident or made, intended to make, or is
			 required to make a report regarding the witnessed excessive force incident
			 shall be reported immediately to an appropriate supervisor and will not be
			 tolerated. Any such actions may result in decertification.
(8) All use of force reports shall be
			 retained and maintained by the law enforcement agency/department and are
			 subject to discovery and access through the Massachusetts Public Records Law
			 M.G.L. c. 66.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.08 - Mass Demonstrations, Crowd Management, and Reporting

Current through Register 1525, July 5, 2024
(1) A police department shall establish plans
			 to avoid and to de-escalate potential or actual conflict between officers and
			 mass demonstration participants. When a police department obtains advance
			 knowledge of a planned mass demonstration within the police department's
			 jurisdiction, the police department shall diligently attempt in good faith to:
(a) communicate with organizers of the event
			 before the event occurs in an effort to establish reliable channels of
			 communication between officers and event participants, and
(b) discuss and establish logistical plans to
			 avoid or, if necessary, to de-escalate potential or actual conflict between law
			 enforcement officers and mass demonstration participants.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.09 - Investigation When Use of Force Results in a Death or Serious Bodily Injury

Current through Register 1525, July 5, 2024
Law enforcement agencies shall develop and implement a policy
				and procedure for reporting a use of force that results in a death or serious
				bodily injury.
Whenever an officer uses force that results in a death or
				serious bodily injury, the Officer-in-charge shall immediately notify the
				agency head or their designee. The agency shall conduct an investigation
				according to their policies and protocols.
If the use of force involved a weapon, the agency head or their
				designee shall secure the weapon or weapons used for examination and maintain
				the appropriate chain of custody protocols.
Code of Massachusetts Regulations › 550 CMR - MUNICIPAL POLICE TRAINING COMMITTEE › Title 550 CMR 6.00 - Use of Force by Law Enforcement Officers › Section 6.10 - Use of Force Training

Current through Register 1525, July 5, 2024
(1) The Committee
			 shall develop and periodically deliver use of force training to law enforcement
			 officers consistent with
			 550 CMR
			 6.00 including, but not limited to:
(a) de-escalation tactics;
(b) handling emergencies involving
			 individuals with mental illness;
(c) responding to mass gatherings;
(d) cultural competency;
(e) progression of force; and
(f) lawful use of force techniques and
			 equipment on a schedule to be determined by the Committee.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.01 - Review of Complaints by Agency

Current through Register 1525, July 5, 2024
(1)
Transmittal of Complaint by Agency to Commission
. The
			 head of an agency shall, within two days of their receipt of a complaint, which
			 is any credible report, written or oral, evidencing or alleging the misconduct
			 of an officer from a member of the public, personnel at the agency, or any
			 other source, do the following:
(a) if the
			 complaint is related to minor matters, a category that includes discourtesy and
			 basic work rule violations such as tardiness, inattention to detail, equipment
			 violations, grooming violations, or comparable infractions and the complaint
			 does not involve evidence or an allegation of: bias on the basis of race,
			 ethnicity, sex, gender identity, sexual orientation, age, religion, mental or
			 physical disability, immigration status, or socioeconomic or professional
			 level; excessive, prohibited, or deadly force; or an action which resulted in
			 serious bodily injury or death;
1. refer the
			 complaint for resolution under the agency's internal resolution policy, which
			 shall comply with any minimum requirements established by the commission; if
			 the agency does not have an internal resolution policy, if the agency's
			 internal resolution policy is not in compliance with the minimum requirements
			 established by the commission, or if the matter cannot be resolved under
			 555
			 CMR 1.01(1)(a)1. for any
			 other reason;
2. the agency shall
			 maintain any documentation of the complaint, the name and commission
			 certification identification number of the subject officer, a brief summary of
			 the nature of the conduct that is the subject of the complaint, and any other
			 documentation that the agency deems material to an understanding of the
			 complaint and the agency's handling of the complaint or that the commission
			 directs the agency to maintain; and
3. make any such complaint available to the
			 commission upon request, or under any policy that may be established by the
			 commission.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.02 - Preliminary Inquiries

Current through Register 1525, July 5, 2024
(1)
			 Upon receipt and initial review of every complaint, the division of standards
			 shall make a determination as to whether the complaint:
(a) does not involve evidence or an
			 allegation of:
1. bias on the basis of race,
			 ethnicity, sex, gender identity, sexual orientation, age, religion, mental of
			 physical disability, immigration status or socioeconomic or professional
			 level;
2. excessive, prohibited or
			 deadly force; or
3. an action which
			 resulted in serious bodily injury or death; and
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.03 - Confidentiality of Preliminary Inquiries

Current through Register 1525, July 5, 2024
All proceedings and records relating to a preliminary inquiry
				by the division of standards, including any internal review to determine
				whether there is sufficient credible evidence to initiate a preliminary
				inquiry, shall be kept strictly confidential pursuant to M.G.L. c. 6E, §
				8(c)(2) and M.G.L. c. 4, § 7, twenty-sixth, the exemptions to the
				definitions of public records, except that the executive director may provide
				evidence which may be used in a criminal proceeding or investigation to the
				attorney general, the United States Attorney, or a district attorney of
				competent jurisdiction. Nothing in
				555
				CMR 1.03 shall prevent the division of
				standards from notifying any other prosecuting attorney, upon reasonable
				request, of the commencement of the preliminary inquiry and the nature of the
				alleged conduct at issue.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.04 - Required Notification of Preliminary Inquiries

Current through Register 1525, July 5, 2024
The division of standards shall, within 30 days of the
				commission's vote to authorize a preliminary inquiry, notify the officer who is
				subject of the inquiry, the head of the agency, the head of the officer's
				collective bargaining unit, and a district attorney of competent jurisdiction
				of the commencement of the preliminary inquiry and the nature of the alleged
				conduct at issue. Nothing in 555 CMR 1.04 shall prevent the division of
				standards from notifying any other prosecuting attorney, upon reasonable
				request, of the commencement of the preliminary inquiry and the nature of the
				alleged conduct at issue.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.05 - Conduct of Preliminary Inquiries

Current through Register 1525, July 5, 2024
(1)
Collection of Information
.
(a) The division of standards may, in
			 connection with a preliminary inquiry, obtain or provide pertinent information,
			 including any information regarding grants of immunity, regarding officers,
			 agencies, witnesses, or complainants, from or to law enforcement agencies and
			 other domestic, federal or foreign jurisdictions, including the Federal Bureau
			 of Investigation, and may transmit or receive such information electronically
			 or
via
other secure methods.
(b) To support its own preliminary inquiry
			 the division of standards may request, by writing to the head of the agency,
			 that the agency produce all records relating to its internal investigation of a
			 complaint. The agency shall produce all such records to the division of
			 standards within 15 days of the division of standards' demand, unless the
			 division of standards allows a longer period of time.
(c) Upon written request by the division of
			 standards, the agency shall make its best efforts to make witnesses available
			 to the division of standards, or if requested by the division of standards, to
			 coordinate its internal investigation with the division of standards'
			 preliminary inquiry.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.06 - Suspension of Certification Pending Preliminary Inquiry

Current through Register 1525, July 5, 2024
(1) If at the time the commission authorizes
			 a preliminary inquiry, or at any time during the course of the preliminary
			 inquiry, the division of standards concludes that the suspension of the
			 officer's certification is warranted pending completion of the preliminary
			 inquiry, the division of standards shall recommend such a suspension to the
			 chair and provide to the chair the evidence supporting that recommendation. If,
			 based on such evidence, the chair agrees with the division of standards'
			 recommendation that the officer's certification be suspended pending completion
			 of the preliminary inquiry, the chair shall place the question of whether to
			 suspend the officer's certification pending completion of the preliminary
			 inquiry on the next available commission agenda, or call a meeting for the
			 purposes of deciding that question.
(2) The commission may suspend an officer's
			 certification pending completion of the preliminary inquiry if it determines by
			 a preponderance of the evidence that such suspension is in the best interest of
			 the health, safety, or welfare of the public.
(3) Any suspension issued by the commission
			 pursuant to 555 CMR 1.06 shall continue in effect until issuance of the final
			 decision of the commission or until the suspension is revoked by the
			 commission.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.07 - Reports Following Preliminary Inquiries

Current through Register 1525, July 5, 2024
(1)
			 Any preliminary inquiry by the division of standards pursuant to 555 CMR 1.05
			 through 555 CMR 1.06 shall be completed within 60 days of the commission's vote
			 to authorize such a preliminary inquiry, or within any such additional time as
			 authorized by the chair. Within ten days of the completion of the preliminary
			 inquiry by the division of standards, the division of standards shall provide
			 the commission with a detailed report on the conclusions and determinations
			 resulting from its preliminary inquiry. The report on the preliminary inquiry
			 shall include, at a minimum:
(a) a copy of
			 any written complaint that is the basis of the preliminary inquiry;
(b) a clear statement of all the evidence or
			 allegations considered by the division of standards;
(c) the material relative to the complaint
			 and evidence or allegations contained therein that were obtained by the
			 division of standards from the agency, and whether any material was withheld,
			 lost or otherwise inaccessible;
(d)
			 any investigative report issued by the agency;
(e) a list of witnesses subpoenaed,
			 interviewed, or contacted to testify by the division of standards, and if any
			 witnesses were unavailable or did not appear for interview or to testify, the
			 reasons therefor;
(f) the facts
			 found by the division of standards to support any recommendations or
			 conclusions of the division of standards as a result of the preliminary
			 inquiry; and
(g) whether the
			 division of standards recommends a suspension of the officer's certification
			 and the reasons therefor.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.08 - Suspensions of Certifications following Arrests, Criminal Charges or Indictments for Felonies, or following Preliminary Inquiries

Current through Register 1525, July 5, 2024
(1) The commission shall immediately suspend
			 the certification of any officer who is arrested, charged or indicted for a
			 felony. A sworn statement by the arresting officer, or a certified copy of the
			 charge or indictment, shall be sufficient evidence for immediate commission
			 action pursuant to 555 CMR 1.08.
(2) In addition to issuing suspensions under
			 555 CMR 1.08(1), the commission, within 30 days of its receipt of a report of
			 the division of standards following a preliminary inquiry:
(a) shall immediately vote to suspend the
			 officer's certification if the commission concludes by a preponderance of the
			 evidence that the report on the preliminary inquiry, and any supplemental
			 information provided by the division of standards, reflect that the officer has
			 engaged in conduct that could constitute a felony;
(b) may suspend the certification of the
			 officer if the commission concludes by a preponderance of evidence that the
			 division of standards' report on the preliminary inquiry, and any supplemental
			 information provided by the division of standards, reflect that an officer has
			 been arrested, charged or indicted for a misdemeanor that affects the fitness
			 of the officer to serve; or
(c) may
			 suspend the certification of the officer if the commission concludes by a
			 preponderance of the evidence that the division of standards report on the
			 preliminary inquiry, and any supplemental information provided by the division
			 of standards, reflect that suspension of the officer is in the best interests
			 of the health, safety, or welfare of the public.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.09 - Single Commissioner Review of Suspensions

Current through Register 1525, July 5, 2024
(1)
			 An officer whose certification is suspended by the commission pursuant to 555
			 CMR 1.06 or 1.08 may request a hearing before a single commissioner pursuant to
			 M.G.L. c. 6E, § 9(d) in accordance with 555 CMR 1.09.
(2) All requests for a hearing pursuant to
			 555 CMR 1.09 must be filed by the officer or their counsel or other
			 representative with the executive director no later than five days from the
			 date of the officer's notice of the commission's suspension, unless the officer
			 is granted an extension of the time to request a hearing. Such a request for an
			 extension of time shall be made in writing to the commission within the same
			 period of five days, and shall include the bases for the request. A request for
			 an extension of time shall be determined by a single commissioner upon review
			 of the request, and shall be granted only upon a demonstration of good cause.
			 The failure to timely request a hearing or an extension of time to request a
			 hearing may result in a waiver of the right to a hearing.
(3) The request for a hearing shall include:
(a) The name and contact information of the
			 officer and the commission certification identification number of the
			 officer;
(b) the name and contact
			 information of counsel or other individual representing the officer, if
			 any;
(c) the agency at which the
			 officer was employed when the complaint was filed and the head of that
			 agency;
(d) a brief description of
			 the basis for the request for the hearing; and
(e) a statement regarding whether the officer
			 seeks to invoke or waive the officer's right under M.G.L. c. 6E, § 9(d) to
			 a hearing within 15 days of the effective date of the suspension.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 1.00 - Procedural Rules › Section 1.10 - Final Disciplinary Hearings and Appeals of Certification Decisions

Current through Register 1525, July 5, 2024
(1)
Applicability
. The following types of adjudicatory
			 hearings shall be held by the full commission, but may, in the chair's
			 discretion, be heard in the first instance by a presiding officer selected
			 pursuant to a policy established by the commission:
(a) M.G.L. c. 6E, § 10(a) hearings
			 regarding mandatory revocation of an officer's certification;
(b) M.G.L. c. 6E, § 10(b) hearings
			 regarding discretionary revocation or suspension of an officer's
			 certification;
(c) M.G.L. c. 6E,
			 § 10(d) hearings regarding officer retraining; and
(d) Appeals of a decision by the commission
			 declining to certify or recertify a law enforcement officer pursuant to M.G.L.
			 c. 6E, § 4.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 2.00 - Construction; Application of Rules; Notice › Section 2.01 - Authority and Scope

Current through Register 1525, July 5, 2024
555 CMR
				1.00:
Procedural Rules
and all
				regulations contained in 555 CMR are issued under and pursuant to the authority
				of M.G.L. c. 6E, § 3(a)(28).
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 2.00 - Construction; Application of Rules; Notice › Section 2.03 - Construction

Current through Register 1525, July 5, 2024
(1) 555 CMR shall
			 be liberally construed to permit the commission to effectively carry out its
			 statutory functions and to secure a just and expeditious determination of
			 issues properly presented to the commission.
(2) Unless otherwise specified, computation
			 of any time period referred to in 555 CMR shall begin with the first day
			 following the act which initiates the running of the time period. The last day
			 of the time period is to be included, unless it is a Saturday, Sunday, or legal
			 holiday, in which event the period shall run until the end of the next day that
			 is not a Saturday, Sunday, or legal holiday. When the time period is seven days
			 or less, intervening Saturdays, Sundays, and legal holidays shall be excluded
			 in the computation. When a time period is greater than seven days, each
			 intervening calendar day shall be included in the computation.
(3) Any act that must be performed
			 "immediately" under a provision of 555 CMR or M.G.L. c. 6E shall be performed
			 as soon as the exercise of reasonable diligence will enable such
			 performance.
(4) A finding by clear
			 and convincing evidence requires more than a preponderance of the evidence, but
			 less than the proof beyond a reasonable doubt required in criminal
			 cases.
(5) In any instance in which
			 an individual has a conflict precluding that person from exercising their
			 authority under 555 CMR, their duties shall be exercised by the next most
			 senior supervisor within the Agency, or if there is no such supervisor without
			 a conflict of interest within the Agency, by an individual designated by the
			 most senior disqualified individual's appointing
			 authority.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 2.00 - Construction; Application of Rules; Notice › Section 2.04 - Notices to Public

Current through Register 1525, July 5, 2024
(1) The commission
			 shall maintain a list of individuals or entities that request notice of
			 commission proceedings. Individuals or entities may request notice from the
			 commission by completing a form available on the commission's website, or by
			 mailing a request for notice with contact information to the commission's
			 offices.
(2) Notice shall be
			 provided, in a time and manner to be determined by the commission, to those
			 individuals or entities on the list in advance for:
(a) Meetings or hearings of the commission or
			 a subcommittee thereof; and
(b)
			 Other events determined by the commission, in its discretion.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 2.00 - Construction; Application of Rules; Notice › Section 2.05 - Severability

Current through Register 1525, July 5, 2024
If any portion of this title 555 CMR or the application thereof
				to any person or circumstance shall be held to be invalid by a court of
				competent jurisdiction for any reason, said portion shall be deemed a separate,
				distinct, and independent provision, and the validity of the other regulations
				shall not be affected.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 555 CMR 6.00 is to establish
			 rules governing the use of force by law enforcement officers. 555 CMR 6.00 is
			 promulgated pursuant to M.G.L. c. 6E, § 15(d) requiring the Peace Officer
			 Standards and Training Commission and the Municipal Police Training Committee
			 to jointly promulgate rules and regulations governing the use of force by law
			 enforcement officers.
(2)
Scope
. 555 CMR 6.00 applies to all law enforcement
			 officers as defined in M.G.L. c. 6E, § 1.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.02 - Authorization

Current through Register 1525, July 5, 2024
555 CMR 6.00 is promulgated pursuant to M.G.L. c. 6E, §
				15(d) requiring the Peace Officer Standards and Training Commission and the
				Municipal Police Training Committee to jointly promulgate rules and regulations
				governing the use of force by law enforcement officers.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.04 - Use of Non-deadly Force

Current through Register 1525, July 5, 2024
(1) A law
			 enforcement officer shall not use force upon another person, unless
			 de-escalation tactics have been attempted and failed or are not feasible based
			 on the totality of the circumstances and such force is necessary and
			 proportionate to:
(a) effect the lawful arrest
			 or detention of a person;
(b)
			 prevent the escape from custody;
(c) prevent imminent harm and the amount of
			 force used is proportionate to the threat of imminent harm, while protecting
			 the safety of the officer or others; or
(d) defend against an individual who
			 initiates force against an officer.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.05 - Use of Deadly Force

Current through Register 1525, July 5, 2024
(1) A law
			 enforcement officer shall not use deadly force upon a person, unless
			 de-escalation tactics have been attempted and failed or are not feasible based
			 on the totality of the circumstances and such force is necessary to prevent
			 imminent harm to a person and the amount of force used is proportionate to the
			 threat of imminent harm, and;
(a) The imminent
			 harm poses an imminent danger of death or serious bodily injury to the officer
			 or another person;
(b) The officer
			 attempts as many de-escalation tactics that are feasible under the
			 circumstances, including utilizing barriers where feasible; and
(c) The officer uses only the amount of force
			 that is objectively reasonable.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.06 - Duty to Intervene

Current through Register 1525, July 5, 2024
A law enforcement officer present and observing another officer
				using or attempting to use physical force, including deadly force, beyond that
				which is necessary or objectively reasonable based on the totality of the
				circumstances, shall intervene to prevent the observed officer's use of
				unnecessary or unreasonable force, regardless of the rank of the officer so
				observed, unless intervening would result in imminent harm to the officer or
				another identifiable individual.
The failure of a law enforcement officer to intervene as set
				forth in 555 CMR 6.06 may subject the officer to de-certification by the
				Commission.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.07 - Use of Force Reporting

Current through Register 1525, July 5, 2024
(1) Law enforcement
			 agencies shall develop and implement a policy and procedure for reporting the
			 use of force. Such policy shall mandate reporting such incidents including, but
			 not limited to, officer-involved injuries or deaths as described in 555 CMR
			 6.00, and include the use of a standard use of force reporting form as approved
			 by the Committee and the Commission which shall be completed by any officer who
			 uses force.
(2) Law enforcement
			 agencies shall report to the National Use of Force Data Collection Database
			 when actions by a law enforcement officer resulted in the death or serious
			 bodily injury of an individual, or when a law enforcement officer, in the
			 absence of death or serious bodily injury, discharged a firearm at or in the
			 direction of a person.
(3) Law
			 enforcement agencies are not required to report the discharge of a firearm
			 during training or qualification exercises, or for the purposes of animal
			 destruction/euthanasia where necessary.
(4) An officer who observes another officer
			 using physical force, including deadly force, beyond that which is necessary or
			 objectively reasonable based on the totality of the circumstances shall report
			 the incident to an appropriate supervisor as soon as reasonably possible but
			 not later than the end of the officer's shift. The officer shall prepare a
			 detailed written statement describing the incident consistent with uniform
			 protocols. The officer's written statement shall be included in the
			 supervisor's report.
(5) An officer
			 who knowingly makes an untruthful statement concerning a material fact or
			 knowingly omits a material fact from a use of force report may be subject to
			 decertification.
(6) Law
			 enforcement agencies shall develop and implement a policy and procedure for law
			 enforcement personnel including, but not limited to, law enforcement officers,
			 to report abuse by other law enforcement personnel including, but not limited
			 to, law enforcement officers, without fear of retaliation or actual
			 retaliation.
(7) Any harassment,
			 intimidation, or retaliation against any officer who either intervened to
			 prevent or stop an excessive force incident or made, intended to make, or is
			 required to make a report regarding the witnessed excessive force incident
			 shall be reported immediately to an appropriate supervisor and will not be
			 tolerated. Any such actions may result in decertification.
(8) All use of force reports shall be
			 retained and maintained by the law enforcement agency/department and are
			 subject to discovery and access through the Massachusetts Public Records Law
			 M.G.L. c. 66.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.08 - Mass Demonstrations, Crowd Management, and Reporting

Current through Register 1525, July 5, 2024
(1) A police department shall establish plans
			 to avoid and to de-escalate potential or actual conflict between officers and
			 mass demonstration participants. When a police department obtains advance
			 knowledge of a planned mass demonstration within the police department's
			 jurisdiction, the police department shall diligently attempt in good faith to:
(a) communicate with organizers of the event
			 before the event occurs in an effort to establish reliable channels of
			 communication between officers and event participants, and
(b) discuss and establish logistical plans to
			 avoid or, if necessary, to de-escalate potential or actual conflict between law
			 enforcement officers and mass demonstration participants.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.09 - Investigation When Use of Force Results in a Death or Serious Bodily Injury

Current through Register 1525, July 5, 2024
Law enforcement agencies shall develop and implement a policy
				and procedure for reporting a use of force that results in a death or serious
				bodily injury.
Whenever an officer uses force that results in a death or
				serious bodily injury, the Officer-in-charge shall immediately notify the
				agency head or their designee. The agency shall conduct an investigation
				according to their policies and protocols.
If the use of force involved a weapon, the agency head or their
				designee shall secure the weapon or weapons used for examination and maintain
				the appropriate chain of custody protocols.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 6.00 - Use of Force By Law Enforcement Officers › Section 6.10 - Use of Force Training

Current through Register 1525, July 5, 2024
(1) The Committee
			 shall develop and periodically deliver use of force training to law enforcement
			 officers consistent with 555 CMR 6.00 including, but not limited to:
(a) de-escalation tactics;
(b) handling emergencies involving
			 individuals with mental illness;
(c) responding to mass gatherings;
(d) cultural competency;
(e) progression of force; and
(f) lawful use of force techniques and
			 equipment on a schedule to be determined by the Committee.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.02 - Submission of Employing Agency Information to the Commission

Current through Register 1525, July 5, 2024
(1) The executive director shall distribute
			 to employing agencies all information and forms required for recertification of
			 law enforcement officers as approved by the commission.
(2) The executive director shall set the
			 dates by which such information and forms shall be submitted to the commission
			 by employing agencies, and may extend any such due date for good cause shown.
			 Subsequent extensions may be requested and granted, but in no case can any one
			 extension allowed by the executive director exceed 30 calendar days.
(3) Notwithstanding 555 CMR 7.02(2), any
			 employing agency seeking an extension must submit to the commission, with its
			 first request for an extension, a roster of officers for whom it intends to
			 seek recertification.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.03 - Continuation of Certification Period

Current through Register 1525, July 5, 2024
(1)
			 Pursuant to M.G.L. c. 30A, § 13, the certification period for an officer
			 shall continue after the reference date for the officer, if:
(a) The application, in a form approved by
			 the commission, is submitted in advance of the reference date for the
			 officer;
(b) The application is
			 submitted in advance of any applicable deadline, and in conformity with any
			 procedures, established by the commission; and
(c) The commission finds the application to
			 be substantially complete.
Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 7.00 - Recertification › Section 7.04 - Conditional Recertification

Current through Register 1525, July 5, 2024
(1)
			 The division of certification shall conditionally recertify an officer if the
			 officer is unable to meet the standards for recertification solely due to
			 circumstances beyond the officer's control and which are attributable to the
			 officer's employing agency, the municipal police training committee, or the
			 commission.
(2) The division of
			 certification may conditionally recertify an officer in other appropriate
			 circumstances including, but not limited to, where:
(a) The officer's application for
			 recertification is substantially complete and does not reveal any basis for
			 denying recertification, but certain additional details need to be supplied or
			 certain information needs to be verified;
(b) The officer was unable to satisfy a
			 requirement for recertification because the officer was on approved leave
			 during the relevant time or because of another valid reason;
(c) The officer has experienced a
			 demonstrable hardship which has interfered directly with the officer's ability
			 to meet a requirement for recertification; or
(d) The officer has taken all required steps
			 in connection with the recertification process, but circumstances beyond the
			 officer's control have delayed a final decision on the officer's
			 application.