1. Law enforcement policies. All law enforcement agencies shall adopt written policies regarding procedures to deal with the following:
A. Use of physical force, including the use of electronic weapons and less-than-lethal munitions; [2009, c. 336, §18 (AMD).]
B. Barricaded persons and hostage situations; [1993, c. 744, §5 (NEW).]
C. Persons exhibiting deviant behavior; [1993, c. 744, §5 (NEW).]
D. Domestic violence, which must include, at a minimum, the following:
(1) A process to ensure that a victim receives notification of the defendant's release from jail;
(2) A process for the collection of information regarding the defendant that includes the defendant's previous history, the parties' relationship, the name of the victim and a process to relay this information to a bail commissioner before a bail determination is made; and
(3) A process for the safe retrieval of personal property belonging to the victim or the defendant that includes identification of a possible neutral location for retrieval, the presence of at least one law enforcement officer during the retrieval and giving the victim the option of at least 24 hours notice to each party prior to the retrieval; [2003, c. 361, §1 (AMD).]
E. Hate or bias crimes; [1993, c. 744, §5 (NEW).]
F. Police pursuits; [1993, c. 744, §5 (NEW).]
G. Citizen complaints of police misconduct; [2003, c. 370, §1 (AMD).]
H. Criminal conduct engaged in by law enforcement officers; [2003, c. 656, §1 (AMD); 2003, c. 677, §1 (AMD).]
I. Death investigations, including at a minimum the protocol of the Department of the Attorney General regarding such investigations; [RR 2003, c. 2, §89 (COR).]
J. Public notification regarding persons in the community required to register under Title 34-A, chapter 15; [2009, c. 451, §1 (AMD).]
J. [RR 2003, c. 2, §91 (RAL); 2003, c. 677, §3 (NEW).]
K. (REALLOCATED FROM T. 25, §2803-B, sub-§1, ¶J) Digital, electronic, audio, video or other recording of law enforcement interviews of suspects in serious crimes and the preservation of investigative notes and records in such cases; and [2009, c. 451, §2 (AMD).]
L. Mental illness and the process for involuntary commitment. [2009, c. 451, §3 (NEW).]
The chief administrative officer of each agency shall certify to the board that attempts were made to obtain public comment during the formulation of policies.
[ 2009, c. 336, §18 (AMD); 2009, c. 451, §§1-3 (AMD) .]
2. Minimum policy standards. The board shall establish minimum standards for each law enforcement policy no later than June 1, 1995, except that policies for expanded requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be established no later than January 1, 2003; policies for death investigations under subsection 1, paragraph I must be established no later than January 1, 2004; policies for public notification regarding persons in the community required to register under Title 34‐A, chapter 15 under subsection 1, paragraph J must be established no later than January 1, 2006; policies for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be established no later than January 1, 2005; policies for the expanded use of physical force, including the use of electronic weapons and less-than-lethal munitions under subsection 1, paragraph A, must be established no later than January 1, 2010; and policies for mental illness and the process for involuntary commitment under subsection 1, paragraph L must be established no later than January 1, 2010.
[ 2009, c. 652, Pt. A, §37 (RPR) .]
3. Agency compliance. The chief administrative officer of each law enforcement agency shall certify to the board no later than January 1, 1996 that the agency has adopted written policies consistent with the minimum standards established by the board pursuant to subsection 2, except that certification to the board for expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be made to the board no later than June 1, 2003; certification to the board for adoption of a death investigation policy under subsection 1, paragraph I must be made to the board no later than June 1, 2004; certification to the board for adoption of a public notification policy under subsection 1, paragraph J must be made to the board no later than June 1, 2006; certification to the board for adoption of a policy for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be made to the board no later than June 1, 2005; certification to the board for adoption of an expanded use of physical force policy under subsection 1, paragraph A must be made to the board no later than June 1, 2010; and certification to the board for adoption of a policy regarding mental illness and the process for involuntary commitment under subsection 1, paragraph L must be made to the board no later than June 1, 2010. The certification must be accompanied by copies of the agency policies. The chief administrative officer of each agency shall certify to the board no later than June 1, 1996 that the agency has provided orientation and training for its members with respect to the policies, except that certification for orientation and training with respect to expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) and (3) must be made to the board no later than January 1, 2004; certification for orientation and training with respect to policies regarding death investigations under subsection 1, paragraph I must be made to the board no later than January 1, 2005; certification for orientation and training with respect to policies regarding public notification under subsection 1, paragraph J must be made to the board no later than January 1, 2007; certification for orientation and training with respect to policies regarding the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be made to the board no later than January 1, 2006; certification for orientation and training with respect to policies regarding expanded use of physical force under subsection 1, paragraph A must be made to the board no later than January 1, 2011; and certification for orientation and training with respect to policies regarding mental illness and the process for involuntary commitment under subsection 1, paragraph L must be made to the board no later than January 1, 2011.
[ 2009, c. 652, Pt. A, §38 (RPR) .]
4. Penalty.
[ 2005, c. 331, §17 (RP) .]
5. Annual standards review. The board shall review annually the minimum standards for each policy to determine whether changes in any of the standards are necessary to incorporate improved procedures identified by critiquing known actual events or by reviewing new enforcement practices demonstrated to reduce crime, increase officer safety or increase public safety.
[ 1993, c. 744, §5 (NEW) .]
6. Freedom of access. The chief administrative officer of a municipal, county or state law enforcement agency shall certify to the board annually beginning on January 1, 2004 that the agency has adopted a written policy regarding procedures to deal with a freedom of access request and that the chief administrative officer has designated a person who is trained to respond to a request received by the agency pursuant to Title 1, chapter 13.
[ 2003, c. 185, §1 (NEW) .]
7. Certification by record custodian. Notwithstanding any other law or rule of evidence, a certificate by the custodian of the records of the board, when signed and sworn to by that custodian, or the custodian's designee, is admissible in a judicial or administrative proceeding as prima facie evidence of any fact stated in the certificate or in any documents attached to the certificate.
[ 2009, c. 336, §18 (NEW) .]
SECTION HISTORY
1993, c. 744, §5 (NEW). 2001, c. 686, §B1 (AMD). RR 2003, c. 2, §§89-91 (COR). 2003, c. 185, §1 (AMD). 2003, c. 361, §1 (AMD). 2003, c. 370, §§1-4 (AMD). 2003, c. 656, §§1-4 (AMD). 2003, c. 677, §§1-4 (AMD). 2005, c. 331, §§16,17 (AMD). 2005, c. 331, §33 (AFF). 2005, c. 397, §C17 (AMD). 2009, c. 336, §18 (AMD). 2009, c. 451, §§1-5 (AMD). 2009, c. 652, Pt. A, §§37, 38 (AMD).
1. Law enforcement policies. All law enforcement agencies shall adopt written policies regarding procedures to deal with the following:
A. Use of physical force, including the use of electronic weapons and less-than-lethal munitions; [2009, c. 336, §18 (AMD).]
B. Barricaded persons and hostage situations; [1993, c. 744, §5 (NEW).]
C. Persons exhibiting deviant behavior; [1993, c. 744, §5 (NEW).]
D. Domestic violence, which must include, at a minimum, the following:
(1) A process to ensure that a victim receives notification of the defendant's release from jail;
(2) A process for the collection of information regarding the defendant that includes the defendant's previous history, the parties' relationship, the name of the victim and a process to relay this information to a bail commissioner before a bail determination is made; and
(3) A process for the safe retrieval of personal property belonging to the victim or the defendant that includes identification of a possible neutral location for retrieval, the presence of at least one law enforcement officer during the retrieval and giving the victim the option of at least 24 hours notice to each party prior to the retrieval; [2003, c. 361, §1 (AMD).]
E. Hate or bias crimes; [1993, c. 744, §5 (NEW).]
F. Police pursuits; [1993, c. 744, §5 (NEW).]
G. Citizen complaints of police misconduct; [2003, c. 370, §1 (AMD).]
H. Criminal conduct engaged in by law enforcement officers; [2003, c. 656, §1 (AMD); 2003, c. 677, §1 (AMD).]
I. Death investigations, including at a minimum the protocol of the Department of the Attorney General regarding such investigations; [RR 2003, c. 2, §89 (COR).]
J. Public notification regarding persons in the community required to register under Title 34-A, chapter 15; [2009, c. 451, §1 (AMD).]
J. [RR 2003, c. 2, §91 (RAL); 2003, c. 677, §3 (NEW).]
K. (REALLOCATED FROM T. 25, §2803-B, sub-§1, ¶J) Digital, electronic, audio, video or other recording of law enforcement interviews of suspects in serious crimes and the preservation of investigative notes and records in such cases; and [2009, c. 451, §2 (AMD).]
L. Mental illness and the process for involuntary commitment. [2009, c. 451, §3 (NEW).]
The chief administrative officer of each agency shall certify to the board that attempts were made to obtain public comment during the formulation of policies.
[ 2009, c. 336, §18 (AMD); 2009, c. 451, §§1-3 (AMD) .]
2. Minimum policy standards. The board shall establish minimum standards for each law enforcement policy no later than June 1, 1995, except that policies for expanded requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be established no later than January 1, 2003; policies for death investigations under subsection 1, paragraph I must be established no later than January 1, 2004; policies for public notification regarding persons in the community required to register under Title 34‐A, chapter 15 under subsection 1, paragraph J must be established no later than January 1, 2006; policies for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be established no later than January 1, 2005; policies for the expanded use of physical force, including the use of electronic weapons and less-than-lethal munitions under subsection 1, paragraph A, must be established no later than January 1, 2010; and policies for mental illness and the process for involuntary commitment under subsection 1, paragraph L must be established no later than January 1, 2010.
[ 2009, c. 652, Pt. A, §37 (RPR) .]
3. Agency compliance. The chief administrative officer of each law enforcement agency shall certify to the board no later than January 1, 1996 that the agency has adopted written policies consistent with the minimum standards established by the board pursuant to subsection 2, except that certification to the board for expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be made to the board no later than June 1, 2003; certification to the board for adoption of a death investigation policy under subsection 1, paragraph I must be made to the board no later than June 1, 2004; certification to the board for adoption of a public notification policy under subsection 1, paragraph J must be made to the board no later than June 1, 2006; certification to the board for adoption of a policy for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be made to the board no later than June 1, 2005; certification to the board for adoption of an expanded use of physical force policy under subsection 1, paragraph A must be made to the board no later than June 1, 2010; and certification to the board for adoption of a policy regarding mental illness and the process for involuntary commitment under subsection 1, paragraph L must be made to the board no later than June 1, 2010. The certification must be accompanied by copies of the agency policies. The chief administrative officer of each agency shall certify to the board no later than June 1, 1996 that the agency has provided orientation and training for its members with respect to the policies, except that certification for orientation and training with respect to expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) and (3) must be made to the board no later than January 1, 2004; certification for orientation and training with respect to policies regarding death investigations under subsection 1, paragraph I must be made to the board no later than January 1, 2005; certification for orientation and training with respect to policies regarding public notification under subsection 1, paragraph J must be made to the board no later than January 1, 2007; certification for orientation and training with respect to policies regarding the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be made to the board no later than January 1, 2006; certification for orientation and training with respect to policies regarding expanded use of physical force under subsection 1, paragraph A must be made to the board no later than January 1, 2011; and certification for orientation and training with respect to policies regarding mental illness and the process for involuntary commitment under subsection 1, paragraph L must be made to the board no later than January 1, 2011.
[ 2009, c. 652, Pt. A, §38 (RPR) .]
4. Penalty.
[ 2005, c. 331, §17 (RP) .]
5. Annual standards review. The board shall review annually the minimum standards for each policy to determine whether changes in any of the standards are necessary to incorporate improved procedures identified by critiquing known actual events or by reviewing new enforcement practices demonstrated to reduce crime, increase officer safety or increase public safety.
[ 1993, c. 744, §5 (NEW) .]
6. Freedom of access. The chief administrative officer of a municipal, county or state law enforcement agency shall certify to the board annually beginning on January 1, 2004 that the agency has adopted a written policy regarding procedures to deal with a freedom of access request and that the chief administrative officer has designated a person who is trained to respond to a request received by the agency pursuant to Title 1, chapter 13.
[ 2003, c. 185, §1 (NEW) .]
7. Certification by record custodian. Notwithstanding any other law or rule of evidence, a certificate by the custodian of the records of the board, when signed and sworn to by that custodian, or the custodian's designee, is admissible in a judicial or administrative proceeding as prima facie evidence of any fact stated in the certificate or in any documents attached to the certificate.
[ 2009, c. 336, §18 (NEW) .]
SECTION HISTORY
1993, c. 744, §5 (NEW). 2001, c. 686, §B1 (AMD). RR 2003, c. 2, §§89-91 (COR). 2003, c. 185, §1 (AMD). 2003, c. 361, §1 (AMD). 2003, c. 370, §§1-4 (AMD). 2003, c. 656, §§1-4 (AMD). 2003, c. 677, §§1-4 (AMD). 2005, c. 331, §§16,17 (AMD). 2005, c. 331, §33 (AFF). 2005, c. 397, §C17 (AMD). 2009, c. 336, §18 (AMD). 2009, c. 451, §§1-5 (AMD). 2009, c. 652, Pt. A, §§37, 38 (AMD).
1. Law enforcement policies. All law enforcement agencies shall adopt written policies regarding procedures to deal with the following:
A. Use of physical force, including the use of electronic weapons and less-than-lethal munitions; [2009, c. 336, §18 (AMD).]
B. Barricaded persons and hostage situations; [1993, c. 744, §5 (NEW).]
C. Persons exhibiting deviant behavior; [1993, c. 744, §5 (NEW).]
D. Domestic violence, which must include, at a minimum, the following:
(1) A process to ensure that a victim receives notification of the defendant's release from jail;
(2) A process for the collection of information regarding the defendant that includes the defendant's previous history, the parties' relationship, the name of the victim and a process to relay this information to a bail commissioner before a bail determination is made; and
(3) A process for the safe retrieval of personal property belonging to the victim or the defendant that includes identification of a possible neutral location for retrieval, the presence of at least one law enforcement officer during the retrieval and giving the victim the option of at least 24 hours notice to each party prior to the retrieval; [2003, c. 361, §1 (AMD).]
E. Hate or bias crimes; [1993, c. 744, §5 (NEW).]
F. Police pursuits; [1993, c. 744, §5 (NEW).]
G. Citizen complaints of police misconduct; [2003, c. 370, §1 (AMD).]
H. Criminal conduct engaged in by law enforcement officers; [2003, c. 656, §1 (AMD); 2003, c. 677, §1 (AMD).]
I. Death investigations, including at a minimum the protocol of the Department of the Attorney General regarding such investigations; [RR 2003, c. 2, §89 (COR).]
J. Public notification regarding persons in the community required to register under Title 34-A, chapter 15; [2009, c. 451, §1 (AMD).]
J. [RR 2003, c. 2, §91 (RAL); 2003, c. 677, §3 (NEW).]
K. (REALLOCATED FROM T. 25, §2803-B, sub-§1, ¶J) Digital, electronic, audio, video or other recording of law enforcement interviews of suspects in serious crimes and the preservation of investigative notes and records in such cases; and [2009, c. 451, §2 (AMD).]
L. Mental illness and the process for involuntary commitment. [2009, c. 451, §3 (NEW).]
The chief administrative officer of each agency shall certify to the board that attempts were made to obtain public comment during the formulation of policies.
[ 2009, c. 336, §18 (AMD); 2009, c. 451, §§1-3 (AMD) .]
2. Minimum policy standards. The board shall establish minimum standards for each law enforcement policy no later than June 1, 1995, except that policies for expanded requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be established no later than January 1, 2003; policies for death investigations under subsection 1, paragraph I must be established no later than January 1, 2004; policies for public notification regarding persons in the community required to register under Title 34‐A, chapter 15 under subsection 1, paragraph J must be established no later than January 1, 2006; policies for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be established no later than January 1, 2005; policies for the expanded use of physical force, including the use of electronic weapons and less-than-lethal munitions under subsection 1, paragraph A, must be established no later than January 1, 2010; and policies for mental illness and the process for involuntary commitment under subsection 1, paragraph L must be established no later than January 1, 2010.
[ 2009, c. 652, Pt. A, §37 (RPR) .]
3. Agency compliance. The chief administrative officer of each law enforcement agency shall certify to the board no later than January 1, 1996 that the agency has adopted written policies consistent with the minimum standards established by the board pursuant to subsection 2, except that certification to the board for expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be made to the board no later than June 1, 2003; certification to the board for adoption of a death investigation policy under subsection 1, paragraph I must be made to the board no later than June 1, 2004; certification to the board for adoption of a public notification policy under subsection 1, paragraph J must be made to the board no later than June 1, 2006; certification to the board for adoption of a policy for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be made to the board no later than June 1, 2005; certification to the board for adoption of an expanded use of physical force policy under subsection 1, paragraph A must be made to the board no later than June 1, 2010; and certification to the board for adoption of a policy regarding mental illness and the process for involuntary commitment under subsection 1, paragraph L must be made to the board no later than June 1, 2010. The certification must be accompanied by copies of the agency policies. The chief administrative officer of each agency shall certify to the board no later than June 1, 1996 that the agency has provided orientation and training for its members with respect to the policies, except that certification for orientation and training with respect to expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) and (3) must be made to the board no later than January 1, 2004; certification for orientation and training with respect to policies regarding death investigations under subsection 1, paragraph I must be made to the board no later than January 1, 2005; certification for orientation and training with respect to policies regarding public notification under subsection 1, paragraph J must be made to the board no later than January 1, 2007; certification for orientation and training with respect to policies regarding the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be made to the board no later than January 1, 2006; certification for orientation and training with respect to policies regarding expanded use of physical force under subsection 1, paragraph A must be made to the board no later than January 1, 2011; and certification for orientation and training with respect to policies regarding mental illness and the process for involuntary commitment under subsection 1, paragraph L must be made to the board no later than January 1, 2011.
[ 2009, c. 652, Pt. A, §38 (RPR) .]
4. Penalty.
[ 2005, c. 331, §17 (RP) .]
5. Annual standards review. The board shall review annually the minimum standards for each policy to determine whether changes in any of the standards are necessary to incorporate improved procedures identified by critiquing known actual events or by reviewing new enforcement practices demonstrated to reduce crime, increase officer safety or increase public safety.
[ 1993, c. 744, §5 (NEW) .]
6. Freedom of access. The chief administrative officer of a municipal, county or state law enforcement agency shall certify to the board annually beginning on January 1, 2004 that the agency has adopted a written policy regarding procedures to deal with a freedom of access request and that the chief administrative officer has designated a person who is trained to respond to a request received by the agency pursuant to Title 1, chapter 13.
[ 2003, c. 185, §1 (NEW) .]
7. Certification by record custodian. Notwithstanding any other law or rule of evidence, a certificate by the custodian of the records of the board, when signed and sworn to by that custodian, or the custodian's designee, is admissible in a judicial or administrative proceeding as prima facie evidence of any fact stated in the certificate or in any documents attached to the certificate.
[ 2009, c. 336, §18 (NEW) .]
SECTION HISTORY
1993, c. 744, §5 (NEW). 2001, c. 686, §B1 (AMD). RR 2003, c. 2, §§89-91 (COR). 2003, c. 185, §1 (AMD). 2003, c. 361, §1 (AMD). 2003, c. 370, §§1-4 (AMD). 2003, c. 656, §§1-4 (AMD). 2003, c. 677, §§1-4 (AMD). 2005, c. 331, §§16,17 (AMD). 2005, c. 331, §33 (AFF). 2005, c. 397, §C17 (AMD). 2009, c. 336, §18 (AMD). 2009, c. 451, §§1-5 (AMD). 2009, c. 652, Pt. A, §§37, 38 (AMD).
