§ 42-37-1 New England State PoliceCompact. – The New England State Police Compact is hereby entered into and enacted intolaw with any and all of the states legally joining therein in the formsubstantially as follows:
NEW ENGLAND STATE POLICE COMPACT
ARTICLE I – PURPOSES
The purposes of this compact are to:
(1) Provide close and effective cooperation and assistance indetecting and apprehending those engaged in organized criminal activities;
(2) Establish and maintain a central criminal intelligencebureau to gather, evaluate and disseminate to the appropriate law enforcementofficers of the party states information concerning organized crime, itsleaders and their associates;
(3) Provide mutual aid and assistance in the event of policeemergencies, and to provide for the powers, duties, rights, privileges andimmunities of police personnel when rendering such aid.
ARTICLE II – ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into lawby any three (3) of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter, this compact shall becomeeffective as to any other of the aforementioned states upon its enactmentthereof.
(b) Any party state may withdraw from this compact byenacting a statute repealing the same, but no such withdrawal shall take effectuntil one year after the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of all other party states. Nowithdrawal shall effect any liability already incurred by or chargeable to aparty state prior to the time of such withdrawal, and any records, files, orinformation obtained by officers or employees of a withdrawing state shallcontinue to be kept, used, and disposed of only in such manner as is consistentwith this compact and any rules or regulations pursuant thereto.
ARTICLE III – THE CONFERENCE
(a) There is hereby established the "New England State PoliceAdministrators' Conference," hereinafter called the "Conference," to becomposed of the administrative head of the state police department of eachparty state.
(b) If authorized by the laws of his or her party state, theadministrative head of the state police department of a party state may providefor the discharge of his or her duties and the performance of his or herfunctions on the conference, for periods none of which shall exceed fifteen(15) days, by an alternate. No such alternate shall be entitled to serve unlessnotification of his or her identity and appointment shall have been given tothe conference in such form as the conference may require.
(c) An alternate serving pursuant to subdivision (b) of thisarticle shall be selected only from among the officers and employees of thestate police department, the head of which such alternate is to represent.
(d) The members of the conference shall be entitled to onevote each. No action of the conference shall be binding unless taken at ameeting at which a majority of the total number of votes on the conference arecast in favor thereof. Action of the conference shall be only at a meeting atwhich a majority of the members of the conference, or their alternates, arepresent.
(e) The conference shall have a seal.
(f) The conference shall elect annually, from among itsmembers, a chairperson, (who shall not be eligible to succeed himself orherself) a vice chairperson, and a treasurer. The conference shall appoint anexecutive secretary and fix his or her duties and compensation. Such executivesecretary shall serve at the pleasure of the conference, and together with thetreasurer shall be bonded in such amount as the conference shall determine. Theexecutive secretary also shall serve as general secretary of the conference.
(g) Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executive secretary subjectto the direction of the conference, shall appoint, remove or discharge suchpersonnel as may be necessary for the performance of the conference functions,and shall fix the duties and compensation of such personnel.
(h) The conference may establish and maintain independentlyor in conjunction with any one or more of the party states, a suitableretirement system for its full-time employees. Employees of the conferenceshall be eligible for social security coverage in respect of old age andsurvivor's insurance provided that the conference takes such steps as may benecessary pursuant to the laws of the United States, to participate in suchprogram of insurance as a governmental agency or unit. The conference mayestablish and maintain or participate in such additional programs of employeebenefits as may be appropriate. Employment by the conference of a retiredofficer or employee of a party state shall not affect the pension or otherretirement-connected benefits paid to such officer or employee by a party state.
(i) The conference may borrow, accept or contract for theservices of personnel from any party state, the United States, or anysubdivision or agency of the aforementioned governments, or from any agency oftwo (2) or more of the party states or their subdivisions.
(j) The conference may accept for any of its purposes andfunctions under this compact any and all donations, grants of money, equipment,supplies, materials, and services, conditional or otherwise, from any state,the United States, or any other governmental agency, or from any person, firmor corporation, and may receive, utilize and dispose of the same. Theconference shall publish in its annual report the terms, conditions, character,and amount of any resources accepted by it pursuant hereto together with theidentity of the donor.
(k) The conference may establish and maintain such facilitiesas may be necessary for the transacting of its business. The conference mayacquire, hold, and convey real and personal property and any interest therein.
(l) The conference shall adopt bylaws for the conduct of itsbusiness and shall have the power to amend and rescind these bylaws. Theconference shall publish its bylaws in convenient form and shall file a copythereof and a copy of any amendment thereto, with the appropriate agency orofficer in each of the party states. The bylaws shall provide for appropriatenotice to the conference members of all conference meetings.
(m) The conference annually shall make to the governor andlegislature of each party state a report covering the activities of theconference for the preceding year, and embodying such recommendations as mayhave been issued by the conference. The conference may make such additionalreports as it may deem desirable.
ARTICLE IV – CONFERENCE POWERS
The conference shall have power to:
(1) Establish and operate a New England Criminal IntelligenceBureau, hereinafter called "the Bureau," in which shall be received, assembledand kept case histories, records, data, personal dossiers, and otherinformation concerning persons engaged or otherwise associated with organizedcrime.
(2) Consider and recommend means of identifying leaders andemerging leaders of organized crime and their associates.
(3) Facilitate mutual assistance among the state police ofthe party states pursuant to article VII of this compact.
(4) Formulate procedures for claims and reimbursements,pursuant to article VII of this compact.
(5) Promote cooperation in law enforcement and makerecommendations to the party states and other appropriate law enforcementauthorities for the improvement of such cooperation.
(6) Do all things which may be necessary and incidental tothe exercise of the foregoing powers.
ARTICLE V – DISPOSITION OF RECORDS ANDINFORMATION
The bureau established and operated pursuant to article IV(a)of this compact is hereby designated and recognized as the instrument for theperformance of a central criminal intelligence service to the state policedepartments of the party states. The files, records, data and other informationof the bureau and, when made pursuant to the bylaws of the conference, anycopies thereof shall be available only to duly designated officers andemployees of the state police departments of the party states acting within thescope of their official duty. In the possession of the aforesaid officers andemployees, such records, data, and other information shall be subject to useand disposition in the same manner and pursuant to the same laws, rules andregulations applicable to similar records, data, and information of theofficer's or employee's agency and the provision of this compact.
ARTICLE VI – ADDITIONAL MEETINGS AND SERVICES
The members of the conference from any two (2) or more partystates, upon notice to the chairperson as to the time and purpose of themeeting, may meet as a section for the discussion of problems common to theirstates. Any two (2) or more party states may designate the conference as ajoint agency to maintain "for them" such additional common services as they maydeem desirable for combating organized crime. Except in those cases where allparty states join in such designation for common services, the representativeof any group of such designating states in the conference shall constitute aseparate section of such conference for the performance of the common serviceor services so designated provided that, if any additional expense is involved,the state so acting shall provide the necessary funds for this purpose. Thecreation of such a section or joint agency shall not affect the privileges,powers, responsibilities or duties of the states participating therein asembodied in the other articles of this compact.
ARTICLE VII – MUTUAL AID
(a) As used in this article:
(1) "Emergency" means an occurrence or condition, temporaryin nature, in which the state police department of a party state is, or mayreasonably be expected to be, unable to cope with substantial and imminentdanger to the public safety, and in which the cooperation of or aid from localpolice forces within the state is, or may reasonably be expected to beinsufficient. Also "emergency" shall mean a situation in which an investigationof an aspect of organized crime, or events connected with organized crime,require augmentation, for a limited time, of the investigative personnel of thestate police department from without the state.
(2) "Requesting state" means the state whose state policedepartment requests assistance in coping with an emergency.
(3) "Responding state" means the state furnishing aid, orrequested to furnish aid, pursuant to this article.
(b) In case of emergency, upon the request of theadministrative head of the state police department of a party state, theadministrative head of the state police department of each responding state,shall order such part of his or her state police forces as he or she, in his orher discretion, may find necessary, to aid the state police forces of therequesting state in order to carry out the purposes set forth in this compact.In such case, it shall be the duty of the administrative head of the statepolice department of each responding state to issue the necessary orders forsuch use of state police forces of his or her state without the borders of hisor her state, and to direct such forces to place themselves under theoperational control of the administrative head of the state police departmentof the requesting state.
(c) The administrative head of the state police department ofany party state, in his or her discretion, may withhold or recall the policeforces of his or her state or any part or any member thereof, serving withoutits borders.
(d) Whenever any of the state police forces of any partystate are engaged outside their own state in carrying out the purposes of thiscompact, the individual members so engaged shall have the same powers, duties,rights, privileges and immunities as members of the state police department ofthe state in which they are engaged, but in any event, a requesting state shallsave harmless any members of a responding state police department servingwithin its borders for any act or acts done by him or her in the performance ofhis or her duty while engaged in carrying out the purposes of this compact.
(e) All liability that may arise under the laws of therequesting state or under the laws of the responding state or under the laws ofa third state on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.
(f) Any responding state rendering aid pursuant to thiscompact shall be reimbursed by the requesting state for any loss or damage to,or expense incurred in the operation of any equipment answering a request foraid, and for the cost of the materials, transportation and maintenance of statepolice personnel and equipment incurred in connection with such request:provided, that nothing herein contained shall prevent any responding state fromassuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts andmanner as if they were on duty within their state, for the pay and allowancesof the personnel of its state police department while engaged without the statepursuant to this compact and while going to and returning from such dutypursuant to this compact.
(h) Each party state providing for the payment ofcompensation and death benefits to injured members and the representatives ofdeceased members of its state police department in case such members sustaininjuries or are killed within their own state, shall provide for the payment ofcompensation and death benefits in the same manner and on the same terms incase such members sustain injury or are killed while rendering aid pursuant tothis compact.
ARTICLE VIII – FINANCE
(a) The conference shall submit to the governor or designatedofficer or officers of each party state a budget of its estimated expendituresfor such period as may be required by the laws of that party state forpresentation to the legislature thereof.
(b) Each of the conference's budgets of estimatedexpenditures shall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states. The total amount of appropriationsunder any such budget shall be apportioned among the party states as follows:one-third ( 1/3) in equal shares; one-third ( 1/3) divided among the partystates in the proportions that their populations bear to the total populationof all the party states; and one-third ( 1/3) divided among the party states inthe proportions that the major crimes committed in each party state bear to thetotal number of major crimes committed in all the party states. In determiningpopulation pursuant to this paragraph, the most recent decennial censuscompiled by the United States government shall be used. Numbers of major crimesshall be as reported in the most recent annual "Uniform Crime Report" compiledby the Federal Bureau of Investigation of the United States Department ofJustice, or by any agency which may assume responsibility for such compilationin the place of such bureau. In the event that any source of informationrequired to be used for the purpose of this paragraph shall be discontinued,the conference shall make its calculations on the basis of the best alternativesources of information and shall identify the sources used.
(c) The conference shall not pledge the credit of any partystate. The conference may meet any of its obligations in whole or in part withfunds available to it under article III (j) of this compact, provided that theconference takes specific action setting aside such funds prior to incurringany obligation to be met in whole or in part in such manner. Except where theconference makes use of funds available to it under article III (j) hereof, theconference shall not incur any obligation prior to the allotment of funds bythe party states adequate to meet the same.
(d) The conference shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the conferenceshall be subject to the audit and accounting procedures established under itsrules. However, all receipts and disbursements of funds handled by theconference shall be audited yearly by a qualified, public accountant and thereport of the audit shall be included in and become part of the annual reportof the conference.
(e) The accounts of the conference shall be open at anyreasonable time for inspection by duly constituted officers of the party statesand any persons authorized by the conference.
(f) Nothing contained herein shall be construed to preventconference compliance with laws relating to audit or inspection of accounts byor on behalf of any government contributing to the support of the conference.
ARTICLE IX – CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate participating herein, the compact shall remain in full force and effectas to the remaining party states and in full force and effect as to the stateaffected as to all severable matters.
§ 42-37-1 New England State PoliceCompact. – The New England State Police Compact is hereby entered into and enacted intolaw with any and all of the states legally joining therein in the formsubstantially as follows:
NEW ENGLAND STATE POLICE COMPACT
ARTICLE I – PURPOSES
The purposes of this compact are to:
(1) Provide close and effective cooperation and assistance indetecting and apprehending those engaged in organized criminal activities;
(2) Establish and maintain a central criminal intelligencebureau to gather, evaluate and disseminate to the appropriate law enforcementofficers of the party states information concerning organized crime, itsleaders and their associates;
(3) Provide mutual aid and assistance in the event of policeemergencies, and to provide for the powers, duties, rights, privileges andimmunities of police personnel when rendering such aid.
ARTICLE II – ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into lawby any three (3) of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter, this compact shall becomeeffective as to any other of the aforementioned states upon its enactmentthereof.
(b) Any party state may withdraw from this compact byenacting a statute repealing the same, but no such withdrawal shall take effectuntil one year after the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of all other party states. Nowithdrawal shall effect any liability already incurred by or chargeable to aparty state prior to the time of such withdrawal, and any records, files, orinformation obtained by officers or employees of a withdrawing state shallcontinue to be kept, used, and disposed of only in such manner as is consistentwith this compact and any rules or regulations pursuant thereto.
ARTICLE III – THE CONFERENCE
(a) There is hereby established the "New England State PoliceAdministrators' Conference," hereinafter called the "Conference," to becomposed of the administrative head of the state police department of eachparty state.
(b) If authorized by the laws of his or her party state, theadministrative head of the state police department of a party state may providefor the discharge of his or her duties and the performance of his or herfunctions on the conference, for periods none of which shall exceed fifteen(15) days, by an alternate. No such alternate shall be entitled to serve unlessnotification of his or her identity and appointment shall have been given tothe conference in such form as the conference may require.
(c) An alternate serving pursuant to subdivision (b) of thisarticle shall be selected only from among the officers and employees of thestate police department, the head of which such alternate is to represent.
(d) The members of the conference shall be entitled to onevote each. No action of the conference shall be binding unless taken at ameeting at which a majority of the total number of votes on the conference arecast in favor thereof. Action of the conference shall be only at a meeting atwhich a majority of the members of the conference, or their alternates, arepresent.
(e) The conference shall have a seal.
(f) The conference shall elect annually, from among itsmembers, a chairperson, (who shall not be eligible to succeed himself orherself) a vice chairperson, and a treasurer. The conference shall appoint anexecutive secretary and fix his or her duties and compensation. Such executivesecretary shall serve at the pleasure of the conference, and together with thetreasurer shall be bonded in such amount as the conference shall determine. Theexecutive secretary also shall serve as general secretary of the conference.
(g) Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executive secretary subjectto the direction of the conference, shall appoint, remove or discharge suchpersonnel as may be necessary for the performance of the conference functions,and shall fix the duties and compensation of such personnel.
(h) The conference may establish and maintain independentlyor in conjunction with any one or more of the party states, a suitableretirement system for its full-time employees. Employees of the conferenceshall be eligible for social security coverage in respect of old age andsurvivor's insurance provided that the conference takes such steps as may benecessary pursuant to the laws of the United States, to participate in suchprogram of insurance as a governmental agency or unit. The conference mayestablish and maintain or participate in such additional programs of employeebenefits as may be appropriate. Employment by the conference of a retiredofficer or employee of a party state shall not affect the pension or otherretirement-connected benefits paid to such officer or employee by a party state.
(i) The conference may borrow, accept or contract for theservices of personnel from any party state, the United States, or anysubdivision or agency of the aforementioned governments, or from any agency oftwo (2) or more of the party states or their subdivisions.
(j) The conference may accept for any of its purposes andfunctions under this compact any and all donations, grants of money, equipment,supplies, materials, and services, conditional or otherwise, from any state,the United States, or any other governmental agency, or from any person, firmor corporation, and may receive, utilize and dispose of the same. Theconference shall publish in its annual report the terms, conditions, character,and amount of any resources accepted by it pursuant hereto together with theidentity of the donor.
(k) The conference may establish and maintain such facilitiesas may be necessary for the transacting of its business. The conference mayacquire, hold, and convey real and personal property and any interest therein.
(l) The conference shall adopt bylaws for the conduct of itsbusiness and shall have the power to amend and rescind these bylaws. Theconference shall publish its bylaws in convenient form and shall file a copythereof and a copy of any amendment thereto, with the appropriate agency orofficer in each of the party states. The bylaws shall provide for appropriatenotice to the conference members of all conference meetings.
(m) The conference annually shall make to the governor andlegislature of each party state a report covering the activities of theconference for the preceding year, and embodying such recommendations as mayhave been issued by the conference. The conference may make such additionalreports as it may deem desirable.
ARTICLE IV – CONFERENCE POWERS
The conference shall have power to:
(1) Establish and operate a New England Criminal IntelligenceBureau, hereinafter called "the Bureau," in which shall be received, assembledand kept case histories, records, data, personal dossiers, and otherinformation concerning persons engaged or otherwise associated with organizedcrime.
(2) Consider and recommend means of identifying leaders andemerging leaders of organized crime and their associates.
(3) Facilitate mutual assistance among the state police ofthe party states pursuant to article VII of this compact.
(4) Formulate procedures for claims and reimbursements,pursuant to article VII of this compact.
(5) Promote cooperation in law enforcement and makerecommendations to the party states and other appropriate law enforcementauthorities for the improvement of such cooperation.
(6) Do all things which may be necessary and incidental tothe exercise of the foregoing powers.
ARTICLE V – DISPOSITION OF RECORDS ANDINFORMATION
The bureau established and operated pursuant to article IV(a)of this compact is hereby designated and recognized as the instrument for theperformance of a central criminal intelligence service to the state policedepartments of the party states. The files, records, data and other informationof the bureau and, when made pursuant to the bylaws of the conference, anycopies thereof shall be available only to duly designated officers andemployees of the state police departments of the party states acting within thescope of their official duty. In the possession of the aforesaid officers andemployees, such records, data, and other information shall be subject to useand disposition in the same manner and pursuant to the same laws, rules andregulations applicable to similar records, data, and information of theofficer's or employee's agency and the provision of this compact.
ARTICLE VI – ADDITIONAL MEETINGS AND SERVICES
The members of the conference from any two (2) or more partystates, upon notice to the chairperson as to the time and purpose of themeeting, may meet as a section for the discussion of problems common to theirstates. Any two (2) or more party states may designate the conference as ajoint agency to maintain "for them" such additional common services as they maydeem desirable for combating organized crime. Except in those cases where allparty states join in such designation for common services, the representativeof any group of such designating states in the conference shall constitute aseparate section of such conference for the performance of the common serviceor services so designated provided that, if any additional expense is involved,the state so acting shall provide the necessary funds for this purpose. Thecreation of such a section or joint agency shall not affect the privileges,powers, responsibilities or duties of the states participating therein asembodied in the other articles of this compact.
ARTICLE VII – MUTUAL AID
(a) As used in this article:
(1) "Emergency" means an occurrence or condition, temporaryin nature, in which the state police department of a party state is, or mayreasonably be expected to be, unable to cope with substantial and imminentdanger to the public safety, and in which the cooperation of or aid from localpolice forces within the state is, or may reasonably be expected to beinsufficient. Also "emergency" shall mean a situation in which an investigationof an aspect of organized crime, or events connected with organized crime,require augmentation, for a limited time, of the investigative personnel of thestate police department from without the state.
(2) "Requesting state" means the state whose state policedepartment requests assistance in coping with an emergency.
(3) "Responding state" means the state furnishing aid, orrequested to furnish aid, pursuant to this article.
(b) In case of emergency, upon the request of theadministrative head of the state police department of a party state, theadministrative head of the state police department of each responding state,shall order such part of his or her state police forces as he or she, in his orher discretion, may find necessary, to aid the state police forces of therequesting state in order to carry out the purposes set forth in this compact.In such case, it shall be the duty of the administrative head of the statepolice department of each responding state to issue the necessary orders forsuch use of state police forces of his or her state without the borders of hisor her state, and to direct such forces to place themselves under theoperational control of the administrative head of the state police departmentof the requesting state.
(c) The administrative head of the state police department ofany party state, in his or her discretion, may withhold or recall the policeforces of his or her state or any part or any member thereof, serving withoutits borders.
(d) Whenever any of the state police forces of any partystate are engaged outside their own state in carrying out the purposes of thiscompact, the individual members so engaged shall have the same powers, duties,rights, privileges and immunities as members of the state police department ofthe state in which they are engaged, but in any event, a requesting state shallsave harmless any members of a responding state police department servingwithin its borders for any act or acts done by him or her in the performance ofhis or her duty while engaged in carrying out the purposes of this compact.
(e) All liability that may arise under the laws of therequesting state or under the laws of the responding state or under the laws ofa third state on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.
(f) Any responding state rendering aid pursuant to thiscompact shall be reimbursed by the requesting state for any loss or damage to,or expense incurred in the operation of any equipment answering a request foraid, and for the cost of the materials, transportation and maintenance of statepolice personnel and equipment incurred in connection with such request:provided, that nothing herein contained shall prevent any responding state fromassuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts andmanner as if they were on duty within their state, for the pay and allowancesof the personnel of its state police department while engaged without the statepursuant to this compact and while going to and returning from such dutypursuant to this compact.
(h) Each party state providing for the payment ofcompensation and death benefits to injured members and the representatives ofdeceased members of its state police department in case such members sustaininjuries or are killed within their own state, shall provide for the payment ofcompensation and death benefits in the same manner and on the same terms incase such members sustain injury or are killed while rendering aid pursuant tothis compact.
ARTICLE VIII – FINANCE
(a) The conference shall submit to the governor or designatedofficer or officers of each party state a budget of its estimated expendituresfor such period as may be required by the laws of that party state forpresentation to the legislature thereof.
(b) Each of the conference's budgets of estimatedexpenditures shall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states. The total amount of appropriationsunder any such budget shall be apportioned among the party states as follows:one-third ( 1/3) in equal shares; one-third ( 1/3) divided among the partystates in the proportions that their populations bear to the total populationof all the party states; and one-third ( 1/3) divided among the party states inthe proportions that the major crimes committed in each party state bear to thetotal number of major crimes committed in all the party states. In determiningpopulation pursuant to this paragraph, the most recent decennial censuscompiled by the United States government shall be used. Numbers of major crimesshall be as reported in the most recent annual "Uniform Crime Report" compiledby the Federal Bureau of Investigation of the United States Department ofJustice, or by any agency which may assume responsibility for such compilationin the place of such bureau. In the event that any source of informationrequired to be used for the purpose of this paragraph shall be discontinued,the conference shall make its calculations on the basis of the best alternativesources of information and shall identify the sources used.
(c) The conference shall not pledge the credit of any partystate. The conference may meet any of its obligations in whole or in part withfunds available to it under article III (j) of this compact, provided that theconference takes specific action setting aside such funds prior to incurringany obligation to be met in whole or in part in such manner. Except where theconference makes use of funds available to it under article III (j) hereof, theconference shall not incur any obligation prior to the allotment of funds bythe party states adequate to meet the same.
(d) The conference shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the conferenceshall be subject to the audit and accounting procedures established under itsrules. However, all receipts and disbursements of funds handled by theconference shall be audited yearly by a qualified, public accountant and thereport of the audit shall be included in and become part of the annual reportof the conference.
(e) The accounts of the conference shall be open at anyreasonable time for inspection by duly constituted officers of the party statesand any persons authorized by the conference.
(f) Nothing contained herein shall be construed to preventconference compliance with laws relating to audit or inspection of accounts byor on behalf of any government contributing to the support of the conference.
ARTICLE IX – CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate participating herein, the compact shall remain in full force and effectas to the remaining party states and in full force and effect as to the stateaffected as to all severable matters.
§ 42-37-1 New England State PoliceCompact. – The New England State Police Compact is hereby entered into and enacted intolaw with any and all of the states legally joining therein in the formsubstantially as follows:
NEW ENGLAND STATE POLICE COMPACT
ARTICLE I – PURPOSES
The purposes of this compact are to:
(1) Provide close and effective cooperation and assistance indetecting and apprehending those engaged in organized criminal activities;
(2) Establish and maintain a central criminal intelligencebureau to gather, evaluate and disseminate to the appropriate law enforcementofficers of the party states information concerning organized crime, itsleaders and their associates;
(3) Provide mutual aid and assistance in the event of policeemergencies, and to provide for the powers, duties, rights, privileges andimmunities of police personnel when rendering such aid.
ARTICLE II – ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into lawby any three (3) of the states of Connecticut, Maine, Massachusetts, NewHampshire, Rhode Island and Vermont. Thereafter, this compact shall becomeeffective as to any other of the aforementioned states upon its enactmentthereof.
(b) Any party state may withdraw from this compact byenacting a statute repealing the same, but no such withdrawal shall take effectuntil one year after the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of all other party states. Nowithdrawal shall effect any liability already incurred by or chargeable to aparty state prior to the time of such withdrawal, and any records, files, orinformation obtained by officers or employees of a withdrawing state shallcontinue to be kept, used, and disposed of only in such manner as is consistentwith this compact and any rules or regulations pursuant thereto.
ARTICLE III – THE CONFERENCE
(a) There is hereby established the "New England State PoliceAdministrators' Conference," hereinafter called the "Conference," to becomposed of the administrative head of the state police department of eachparty state.
(b) If authorized by the laws of his or her party state, theadministrative head of the state police department of a party state may providefor the discharge of his or her duties and the performance of his or herfunctions on the conference, for periods none of which shall exceed fifteen(15) days, by an alternate. No such alternate shall be entitled to serve unlessnotification of his or her identity and appointment shall have been given tothe conference in such form as the conference may require.
(c) An alternate serving pursuant to subdivision (b) of thisarticle shall be selected only from among the officers and employees of thestate police department, the head of which such alternate is to represent.
(d) The members of the conference shall be entitled to onevote each. No action of the conference shall be binding unless taken at ameeting at which a majority of the total number of votes on the conference arecast in favor thereof. Action of the conference shall be only at a meeting atwhich a majority of the members of the conference, or their alternates, arepresent.
(e) The conference shall have a seal.
(f) The conference shall elect annually, from among itsmembers, a chairperson, (who shall not be eligible to succeed himself orherself) a vice chairperson, and a treasurer. The conference shall appoint anexecutive secretary and fix his or her duties and compensation. Such executivesecretary shall serve at the pleasure of the conference, and together with thetreasurer shall be bonded in such amount as the conference shall determine. Theexecutive secretary also shall serve as general secretary of the conference.
(g) Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executive secretary subjectto the direction of the conference, shall appoint, remove or discharge suchpersonnel as may be necessary for the performance of the conference functions,and shall fix the duties and compensation of such personnel.
(h) The conference may establish and maintain independentlyor in conjunction with any one or more of the party states, a suitableretirement system for its full-time employees. Employees of the conferenceshall be eligible for social security coverage in respect of old age andsurvivor's insurance provided that the conference takes such steps as may benecessary pursuant to the laws of the United States, to participate in suchprogram of insurance as a governmental agency or unit. The conference mayestablish and maintain or participate in such additional programs of employeebenefits as may be appropriate. Employment by the conference of a retiredofficer or employee of a party state shall not affect the pension or otherretirement-connected benefits paid to such officer or employee by a party state.
(i) The conference may borrow, accept or contract for theservices of personnel from any party state, the United States, or anysubdivision or agency of the aforementioned governments, or from any agency oftwo (2) or more of the party states or their subdivisions.
(j) The conference may accept for any of its purposes andfunctions under this compact any and all donations, grants of money, equipment,supplies, materials, and services, conditional or otherwise, from any state,the United States, or any other governmental agency, or from any person, firmor corporation, and may receive, utilize and dispose of the same. Theconference shall publish in its annual report the terms, conditions, character,and amount of any resources accepted by it pursuant hereto together with theidentity of the donor.
(k) The conference may establish and maintain such facilitiesas may be necessary for the transacting of its business. The conference mayacquire, hold, and convey real and personal property and any interest therein.
(l) The conference shall adopt bylaws for the conduct of itsbusiness and shall have the power to amend and rescind these bylaws. Theconference shall publish its bylaws in convenient form and shall file a copythereof and a copy of any amendment thereto, with the appropriate agency orofficer in each of the party states. The bylaws shall provide for appropriatenotice to the conference members of all conference meetings.
(m) The conference annually shall make to the governor andlegislature of each party state a report covering the activities of theconference for the preceding year, and embodying such recommendations as mayhave been issued by the conference. The conference may make such additionalreports as it may deem desirable.
ARTICLE IV – CONFERENCE POWERS
The conference shall have power to:
(1) Establish and operate a New England Criminal IntelligenceBureau, hereinafter called "the Bureau," in which shall be received, assembledand kept case histories, records, data, personal dossiers, and otherinformation concerning persons engaged or otherwise associated with organizedcrime.
(2) Consider and recommend means of identifying leaders andemerging leaders of organized crime and their associates.
(3) Facilitate mutual assistance among the state police ofthe party states pursuant to article VII of this compact.
(4) Formulate procedures for claims and reimbursements,pursuant to article VII of this compact.
(5) Promote cooperation in law enforcement and makerecommendations to the party states and other appropriate law enforcementauthorities for the improvement of such cooperation.
(6) Do all things which may be necessary and incidental tothe exercise of the foregoing powers.
ARTICLE V – DISPOSITION OF RECORDS ANDINFORMATION
The bureau established and operated pursuant to article IV(a)of this compact is hereby designated and recognized as the instrument for theperformance of a central criminal intelligence service to the state policedepartments of the party states. The files, records, data and other informationof the bureau and, when made pursuant to the bylaws of the conference, anycopies thereof shall be available only to duly designated officers andemployees of the state police departments of the party states acting within thescope of their official duty. In the possession of the aforesaid officers andemployees, such records, data, and other information shall be subject to useand disposition in the same manner and pursuant to the same laws, rules andregulations applicable to similar records, data, and information of theofficer's or employee's agency and the provision of this compact.
ARTICLE VI – ADDITIONAL MEETINGS AND SERVICES
The members of the conference from any two (2) or more partystates, upon notice to the chairperson as to the time and purpose of themeeting, may meet as a section for the discussion of problems common to theirstates. Any two (2) or more party states may designate the conference as ajoint agency to maintain "for them" such additional common services as they maydeem desirable for combating organized crime. Except in those cases where allparty states join in such designation for common services, the representativeof any group of such designating states in the conference shall constitute aseparate section of such conference for the performance of the common serviceor services so designated provided that, if any additional expense is involved,the state so acting shall provide the necessary funds for this purpose. Thecreation of such a section or joint agency shall not affect the privileges,powers, responsibilities or duties of the states participating therein asembodied in the other articles of this compact.
ARTICLE VII – MUTUAL AID
(a) As used in this article:
(1) "Emergency" means an occurrence or condition, temporaryin nature, in which the state police department of a party state is, or mayreasonably be expected to be, unable to cope with substantial and imminentdanger to the public safety, and in which the cooperation of or aid from localpolice forces within the state is, or may reasonably be expected to beinsufficient. Also "emergency" shall mean a situation in which an investigationof an aspect of organized crime, or events connected with organized crime,require augmentation, for a limited time, of the investigative personnel of thestate police department from without the state.
(2) "Requesting state" means the state whose state policedepartment requests assistance in coping with an emergency.
(3) "Responding state" means the state furnishing aid, orrequested to furnish aid, pursuant to this article.
(b) In case of emergency, upon the request of theadministrative head of the state police department of a party state, theadministrative head of the state police department of each responding state,shall order such part of his or her state police forces as he or she, in his orher discretion, may find necessary, to aid the state police forces of therequesting state in order to carry out the purposes set forth in this compact.In such case, it shall be the duty of the administrative head of the statepolice department of each responding state to issue the necessary orders forsuch use of state police forces of his or her state without the borders of hisor her state, and to direct such forces to place themselves under theoperational control of the administrative head of the state police departmentof the requesting state.
(c) The administrative head of the state police department ofany party state, in his or her discretion, may withhold or recall the policeforces of his or her state or any part or any member thereof, serving withoutits borders.
(d) Whenever any of the state police forces of any partystate are engaged outside their own state in carrying out the purposes of thiscompact, the individual members so engaged shall have the same powers, duties,rights, privileges and immunities as members of the state police department ofthe state in which they are engaged, but in any event, a requesting state shallsave harmless any members of a responding state police department servingwithin its borders for any act or acts done by him or her in the performance ofhis or her duty while engaged in carrying out the purposes of this compact.
(e) All liability that may arise under the laws of therequesting state or under the laws of the responding state or under the laws ofa third state on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.
(f) Any responding state rendering aid pursuant to thiscompact shall be reimbursed by the requesting state for any loss or damage to,or expense incurred in the operation of any equipment answering a request foraid, and for the cost of the materials, transportation and maintenance of statepolice personnel and equipment incurred in connection with such request:provided, that nothing herein contained shall prevent any responding state fromassuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts andmanner as if they were on duty within their state, for the pay and allowancesof the personnel of its state police department while engaged without the statepursuant to this compact and while going to and returning from such dutypursuant to this compact.
(h) Each party state providing for the payment ofcompensation and death benefits to injured members and the representatives ofdeceased members of its state police department in case such members sustaininjuries or are killed within their own state, shall provide for the payment ofcompensation and death benefits in the same manner and on the same terms incase such members sustain injury or are killed while rendering aid pursuant tothis compact.
ARTICLE VIII – FINANCE
(a) The conference shall submit to the governor or designatedofficer or officers of each party state a budget of its estimated expendituresfor such period as may be required by the laws of that party state forpresentation to the legislature thereof.
(b) Each of the conference's budgets of estimatedexpenditures shall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states. The total amount of appropriationsunder any such budget shall be apportioned among the party states as follows:one-third ( 1/3) in equal shares; one-third ( 1/3) divided among the partystates in the proportions that their populations bear to the total populationof all the party states; and one-third ( 1/3) divided among the party states inthe proportions that the major crimes committed in each party state bear to thetotal number of major crimes committed in all the party states. In determiningpopulation pursuant to this paragraph, the most recent decennial censuscompiled by the United States government shall be used. Numbers of major crimesshall be as reported in the most recent annual "Uniform Crime Report" compiledby the Federal Bureau of Investigation of the United States Department ofJustice, or by any agency which may assume responsibility for such compilationin the place of such bureau. In the event that any source of informationrequired to be used for the purpose of this paragraph shall be discontinued,the conference shall make its calculations on the basis of the best alternativesources of information and shall identify the sources used.
(c) The conference shall not pledge the credit of any partystate. The conference may meet any of its obligations in whole or in part withfunds available to it under article III (j) of this compact, provided that theconference takes specific action setting aside such funds prior to incurringany obligation to be met in whole or in part in such manner. Except where theconference makes use of funds available to it under article III (j) hereof, theconference shall not incur any obligation prior to the allotment of funds bythe party states adequate to meet the same.
(d) The conference shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the conferenceshall be subject to the audit and accounting procedures established under itsrules. However, all receipts and disbursements of funds handled by theconference shall be audited yearly by a qualified, public accountant and thereport of the audit shall be included in and become part of the annual reportof the conference.
(e) The accounts of the conference shall be open at anyreasonable time for inspection by duly constituted officers of the party statesand any persons authorized by the conference.
(f) Nothing contained herein shall be construed to preventconference compliance with laws relating to audit or inspection of accounts byor on behalf of any government contributing to the support of the conference.
ARTICLE IX – CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate participating herein, the compact shall remain in full force and effectas to the remaining party states and in full force and effect as to the stateaffected as to all severable matters.
