Substitute House Bill No. 5585
          Substitute House Bill No. 5585

              PUBLIC ACT NO. 95-108

AN  ACT  CONCERNING  THE MUNICIPAL POLICE TRAINING
COUNCIL.


    Section 1. Subsection  (c) of section 2c-2b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) The following  governmental  entities  and
programs are terminated,  effective  July 1, 2002,
unless  reestablished  in   accordance   with  the
provisions of section 2c-10:
    (1)  Board  of   Firearms   Permit  Examiners,
established under section 29-32b;
    (2)  State  Board   of  Landscape  Architects,
established under section 20-368;
    (3) Repealed by P.A. 89-364, S. 6, 7;
    (4) [Municipal] Police  OFFICER  STANDARDS AND
Training   Council,  established   under   section
7-294b, AS AMENDED BY SECTION 3 OF THIS ACT;
    (5) State Board  of Examiners for Professional
Engineers and Land  Surveyors,  established  under
section 20-300;
    (6) State boards  for  occupational licensing,
established under section 20-331;
    (7) Commission of  Pharmacy, established under
section 20-163;
    (8)   Connecticut  Real   Estate   Commission,
established under section 20-311a;
    (9)  State  Codes   and  Standards  Committee,
established under section 29-251;
    (10)  Commission  on   Fire   Prevention   and
Control, established under section 7-323k;
    (11)  Program  of   regulation   of   building
demolition, established under section 29-401; and
    (12) Repealed by  P.A.  93-262,  S. 86, 87 and
P.A. 93-423, S. 7.
    Sec. 2. Section 7-294a of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    As used in  THIS  SECTION AND sections [7-294a
to  7-294e,  inclusive,]  7-294b,  AS  AMENDED  BY
SECTION 3 OF  THIS ACT, 7-294c, 7-294d, AS AMENDED
BY SECTION 4  OF  THIS ACT, AND 7-294e, AS AMENDED
BY SECTION 5  OF  THIS  ACT,  "academy"  means the
Connecticut Police Academy;  "applicant"  means  a
prospective police officer  who  has not commenced
employment or service with a law enforcement unit;
"basic  training"  means  the  minimum  basic  law
enforcement training received  by a police officer
at the academy  or  at  any  other  certified  law
enforcement   training  academy;   "certification"
means  the  issuance  by  the  [Municipal]  Police
OFFICER STANDARDS AND Training Council to a police
officer,  police  training  school  or  to  a  law
enforcement  instructor  of  a  signed  instrument
evidencing  satisfaction  of   the   certification
requirements imposed by section 7-294d, AS AMENDED
BY SECTION 4  OF  THIS  ACT,  and  signed  by  the
council; "council" means  the  [Municipal]  Police
OFFICER STANDARDS AND Training Council; "governor"
includes any person  performing  the  functions of
the governor by  authority  of  the  law  of  this
state; "review training"  means  training received
after minimum basic law enforcement training; "law
enforcement  unit"  means  any  agency,  organ  or
department  of this  state  or  a  subdivision  or
municipality  thereof,  whose   primary  functions
include the enforcement  of  criminal  or  traffic
laws,  the  preservation   of  public  order,  the
protection   of  life   and   property,   or   the
prevention, detection or  investigation  of crime;
"police  officer"  means  a  sworn  member  of  an
organized local police  department,  an  appointed
constable who performs  criminal  law  enforcement
duties,  a  special   policeman   appointed  under
section 29-18, 29-18a  or 29-19 or any member of a
law enforcement unit  who  performs police duties;
"probationary candidate" means  a  police  officer
who, having satisfied  preemployment requirements,
has commenced employment  with  a  law enforcement
unit  but  who  has  not  satisfied  the  training
requirements provided for  in  section  7-294d, AS
AMENDED BY SECTION  4  OF THIS ACT; "school" means
any  school,  college,   university,   academy  or
training program approved  by  the  council  which
offers law enforcement  training  and  includes  a
combination of a  course  curriculum,  instructors
and facilities.
    Sec. 3. Subsection  (a)  of  section 7-294b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  There  shall   be  a  [Municipal]  Police
OFFICER STANDARDS AND Training Council which shall
be within the  division  of  state  police  of the
department  of public  safety  for  administrative
purposes  only and  which  shall  consist  of  the
following members appointed by the governor: (1) A
chief administrative officer  of a town or city in
Connecticut; (2) the  chief  elected  official  or
chief executive officer  of  a  town  or  city  in
Connecticut  with  a   population   under   twelve
thousand which does  not  have an organized police
department; (3) a  member  of  the  faculty of The
University of Connecticut;  (4)  eight  members of
the Connecticut Police  Chiefs Association who are
holding office or  employed  as chief of police or
the highest ranking professional police officer of
an organized police  department  of a municipality
within the state;  (5) the chief state's attorney;
and (6) five  public  members. The commissioner of
public   safety  and   the   Federal   Bureau   of
Investigation    special    agent-in-charge     in
Connecticut or their  designees  shall  be  voting
ex-officio members of  the  council. Any nonpublic
member of the  council  shall immediately upon the
termination  of  his   holding   the   office   or
employment  which qualified  him  for  appointment
cease to be  a  member  of  the  council. A member
appointed to fill a vacancy shall be appointed for
the unexpired term  of  the  member  whom he is to
succeed  in  the   same  manner  as  the  original
appointment.   The  governor   shall   appoint   a
chairperson  and  the   council  shall  appoint  a
vice-chairperson and a  secretary  from  among the
members. The members  of  the  council shall serve
without  compensation but  shall  be  entitled  to
actual expenses involved  in  the  performance  of
their duties.
    Sec. 4. Section 7-294d of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) The [Municipal]  Police  OFFICER STANDARDS
AND  Training Council  shall  have  the  following
powers:
    (1) To develop  and  periodically  update  and
revise a comprehensive  municipal  police training
plan;
    (2) To approve, or revoke the approval of, any
police training school  and to issue certification
to such schools and to revoke such certification;
    (3) To set  the  minimum  courses of study and
attendance   required  and   the   equipment   and
facilities  to  be  required  of  approved  police
training schools;
    (4) To set  the minimum qualifications for law
enforcement instructors and  to  issue appropriate
certification to such instructors;
    (5)   To   require   that   all   probationary
candidates receive the  hours  of  basic  training
deemed  necessary  before   being   eligible   for
certification, such basic training to be completed
within one year  following  the  appointment  as a
probationary candidate, unless  the  candidate  is
granted additional time  to  complete his training
by the council;
    (6)   To   require    the    registration   of
probationary candidates with  the  academy  within
ten days of  hiring  for the purpose of scheduling
training;
    (7)  To  issue  appropriate  certification  to
police officers who  have satisfactorily completed
minimum basic training programs;
    (8)  To  require   that  each  police  officer
satisfactorily complete at  least  forty  hours of
certified review training  every  three  years  in
order to maintain  his  certification,  unless the
officer is granted  additional  time not to exceed
one year to complete his training by the council;
    (9) To renew the certification of those police
officers who have  satisfactorily completed review
training programs;
    (10) To establish  uniform minimum educational
and training standards  for employment as a police
officer  in  full-time   positions,  temporary  or
probationary positions and  part-time or voluntary
positions;
    (11)  To  visit   and   inspect  police  basic
training schools and  to  inspect  each  school at
least once each year;
    (12)  To  consult   with  and  cooperate  with
universities,  colleges  and  institutes  for  the
development of specialized  courses  of  study for
police  officers  in  police  science  and  police
administration;
    (13)  To  consult   with  and  cooperate  with
departments and agencies  of  this state and other
states and the  federal  government concerned with
police training;
    (14) To employ  an  executive director and any
other  personnel that  may  be  necessary  in  the
performance of its functions;
    (15) To perform  any  other  acts  that may be
necessary  and  appropriate   to   carry  out  the
functions of the  council as set forth in sections
7-294a,  [to  7-294e,  inclusive]  AS  AMENDED  BY
SECTION 2 OF  THIS  ACT,  7-294b,  AS  AMENDED  BY
SECTION 3 OF  THIS  ACT,  7-294c, THIS SECTION AND
7-294e, AS AMENDED BY SECTION 5 OF THIS ACT;
    (16) To accept  contributions,  grants, gifts,
donations, services or  other financial assistance
from any governmental  unit,  public agency or the
private sector;
    (17) To conduct  any inspection and evaluation
that  may be  necessary  to  determine  if  a  law
enforcement unit is  complying with the provisions
of this section;
    (18) At the  request  and  expense  of any law
enforcement unit, to  conduct  general or specific
management surveys;
    (19) To develop objective and uniform criteria
for  granting  any   waiver   of   regulations  or
procedures established by the council.
    (b) No person  may  be  employed  as  a police
officer by any  law  enforcement unit for a period
exceeding one year  unless  he  has been certified
under the provisions  of  subsection  (a)  of this
section or has  been  granted  an extension by the
council. No person  may  serve as a police officer
during any period  when his certification has been
cancelled or revoked pursuant to the provisions of
subsection (c) of this section. In addition to the
requirements of this  subsection,  the council may
establish other qualifications  for the employment
of  police  officers   and   require  evidence  of
fulfillment   of   these    qualifications.    The
certification of any  police  officer  who  is not
employed by a law enforcement unit for a period of
time in excess  of  two years, unless such officer
is  on  leave  of  absence,  shall  be  considered
lapsed. Upon reemployment  as  a  police  officer,
such officer shall  apply for recertification in a
manner provided by  the council. The council shall
certify any applicant  who  presents  evidence  of
satisfactory completion of  a program or course of
instruction in another state equivalent in content
and  quality  to  that  required  in  this  state,
provided he passes an examination or evaluation as
required by the council.
    (c) (1) The  council  may  refuse to renew any
certificate  if  the  holder  fails  to  meet  the
requirements for renewal of his certification.
    (2)  The council  may  cancel  or  revoke  any
certificate if: (A)  The certificate was issued by
administrative  error,  (B)  the  certificate  was
obtained through misrepresentation  or  fraud, (C)
the holder falsified  any  document  in  order  to
obtain or renew  any  certificate,  (D) the holder
has been convicted of a felony, (E) the holder has
been found not  guilty  of  a  felony by reason of
mental  disease  or  defect  pursuant  to  section
53a-13, (F) the  holder  has  been  convicted of a
violation of subsection  (c) of section 21a-279 or
section 29-9, (G)  the  holder  has  been  refused
issuance of a certificate or similar authorization
or has had  his certificate or other authorization
cancelled or revoked  by  another  jurisdiction on
grounds  which  would  authorize  cancellation  or
revocation   under   the    provisions   of   this
subdivision, or (H) the holder has been found by a
law  enforcement  unit,   pursuant  to  procedures
established by such  unit,  to have used a firearm
in an improper  manner which resulted in the death
or  serious physical  injury  of  another  person.
Whenever  the  council   believes   there   is   a
reasonable basis for cancellation or revocation of
the  certification of  a  police  officer,  police
training school or  law enforcement instructor, it
shall give an  adequate  opportunity for a hearing
prior  to such  cancellation  or  revocation.  Any
police officer or law enforcement instructor whose
certification is cancelled  or revoked pursuant to
this  section may  reapply  for  certification  no
sooner than two  years after the date on which the
cancellation or revocation  order  becomes  final.
Any police training  school whose certification is
cancelled or revoked  pursuant to this section may
reapply for certification  at  any  time after the
date on which such order becomes final.
    (d)   Notwithstanding   the    provisions   of
subsection  (b),  any  police  officer,  except  a
probationary  candidate,  who   is  serving  under
full-time appointment on  July  1,  1982, shall be
deemed to have  met all certification requirements
and  shall  be   automatically  certified  by  the
council  in  accordance  with  the  provisions  of
subsection (a) of section 7-294e.
    (e) The provisions of this section shall apply
to any person  who  performs  police functions. AS
USED   IN  THIS   SUBSECTION,   "PERFORMS   POLICE
FUNCTIONS"  FOR A  PERSON  WHO  IS  NOT  A  POLICE
OFFICER, AS DEFINED  IN SECTION 7-294a, MEANS THAT
IN THE COURSE  OF HIS OFFICIAL DUTIES, SUCH PERSON
CARRIES  A FIREARM  AND  EXERCISES  ARREST  POWERS
PURSUANT  TO  SECTION  54-1f  OR  ENGAGES  IN  THE
PREVENTION, DETECTION OR  INVESTIGATION  OF CRIME,
AS DEFINED IN  SECTION  53a-24.  The council shall
establish  criteria  by  which  the  certification
process required by  this  section  shall apply to
police officers.
    (f) The provisions  of  this section shall not
apply to (1)  any  state police training school or
program, (2) ANY  SWORN  MEMBER OF THE DIVISION OF
STATE  POLICE  WITHIN  THE  DEPARTMENT  OF  PUBLIC
SAFETY, (3) Connecticut  National  Guard  security
personnel, when acting  within  the scope of their
national  guard duties,  who  have  satisfactorily
completed a program  of  police training conducted
by the United  States  Army or Air Force, [or (3)]
(4)  employees of  the  judicial  department,  (5)
SHERIFFS  OR  DEPUTY   SHERIFFS   TRAINED  BY  THE
SHERIFFS'  ADVISORY  BOARD   PURSUANT  TO  SECTION
6-32b,  (6)  MUNICIPAL   ANIMAL  CONTROL  OFFICERS
APPOINTED PURSUANT TO  SECTION  22-331 OR (7) FIRE
POLICE APPOINTED PURSUANT  TO  SECTION 7-313a. The
provisions of this section with respect to renewal
of certification upon  satisfactory  completion of
review training programs  shall  not  apply to any
chief inspector or  inspector  in  the division of
criminal justice who  has satisfactorily completed
a program of  police  training  conducted  by  the
division.
    Sec. 5. Subsection  (b)  of  section 7-294e of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) The [Municipal]  Police  OFFICER STANDARDS
AND Training Council  may adopt any regulations it
deems necessary to  carry  out  the  provisions of
section 7-294a, AS  AMENDED  BY  SECTION 2 OF THIS
ACT, subsection (a)  of section 7-294b, AS AMENDED
BY SECTION 3 OF THIS ACT, sections 7-294c, 7-294d,
AS AMENDED BY  SECTION  4  OF  THIS  ACT, and this
section  in  accordance  with  the  provisions  of
chapter  54,  giving   due  consideration  to  the
varying factors and  special  requirements  of law
enforcement  units.  Such   regulations  shall  be
binding upon all law enforcement units, except the
division of state  police within the department of
public safety.
    Sec. 6. Section 7-294f of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Each police basic  training  program conducted
or administered by  the  division  of state police
within  the  department   of  public  safety,  the
[Municipal] Police OFFICER  STANDARDS AND Training
Council  established  under   section  7-294b,  AS
AMENDED BY SECTION  3  OF  THIS  ACT, or municipal
police department in  the  state  shall  include a
course on rape crisis intervention and each review
training program conducted  by such agencies shall
make provision for such a course.
    Sec. 7. Section 7-294g of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  Each  police  basic  or  review  training
program conducted or  administered by the division
of state police  within  the  department of public
safety, the [Municipal]  Police  OFFICER STANDARDS
AND  Training Council  established  under  section
7-294b, AS AMENDED BY SECTION 3 OF THIS ACT, or by
a municipal police  department  in the state shall
provide a minimum  of two hours of training on the
subject of domestic violence that includes, but is
not limited to,  the following: (1) Enforcement of
criminal  laws  applicable   in   cases  involving
domestic  violence; (2)  techniques  for  handling
incidents of domestic  violence  which promote the
safety of the  victim  and  the  officer and which
reduce   the   likelihood   of   recurrence;   (3)
organizations  in the  state  that  offer  aid  or
shelter  to  victims  of  domestic  violence;  (4)
applicable procedures in  the prosecution of cases
involving domestic violence;  (5) orders issued by
a court pursuant  to chapter 815a. The division of
state  police,  the   [Municipal]  Police  OFFICER
STANDARDS AND Training Council or municipal police
departments, in consultation  with the Connecticut
Task  Force  on  Abused  Women,  shall  develop  a
program   curriculum   and   shall   submit   such
curriculum  to  the   task   force  for  approval.
Individual shelter programs  in the task force may
also  conduct  domestic   violence   training   in
conjunction with any police training program.
    (b)  Each  police   basic   training   program
conducted or administered by the division of state
police within the department of public safety, the
[Municipal] Police OFFICER  STANDARDS AND Training
Council  established  under   section  7-294b,  AS
AMENDED  BY  SECTION  3  OF  THIS  ACT,  or  by  a
municipal police department  in  the  state  shall
include a course on the recognition and management
of   child   abuse    and   suicide   intervention
procedures.
    Sec. 8. Section 7-294h of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    On and after  July  1,  1990:  (1) Each police
basic training program  conducted  or administered
by  the  division   of  state  police  within  the
department  of  public   safety  shall  provide  a
minimum of twenty-seven hours of training relative
to  the  handling   of   juvenile   matters  which
includes, but is  not  limited  to, the following:
(A) Techniques for  handling  incidents  involving
juveniles;  (B)  information   relative   to   the
processing and disposition  of  juvenile  matters;
(C) applicable procedures  in  the  prosecution of
cases  involving juveniles,  and  (D)  information
regarding resources of the juvenile justice system
in  the state;  (2)  each  police  basic  training
program   conducted   or   administered   by   the
[Municipal] Police OFFICER  STANDARDS AND Training
Council  established  under   section  7-294b,  AS
AMENDED  BY  SECTION  3  OF  THIS  ACT,  or  by  a
municipal police department  in  the  state  shall
provide a minimum  of  fourteen  hours of training
relative to the  handling  of  juvenile matters as
provided in subdivision  (1)  of this section; and
(3) each police  review training program conducted
or administered by  the  division  of state police
within the department  of  public  safety,  by the
[Municipal] Police OFFICER  STANDARDS AND Training
Council  established  under   section  7-294b,  AS
AMENDED  BY  SECTION  3  OF  THIS  ACT,  or  by  a
municipal police department  in  the  state  shall
provide a minimum of one hour of training relative
to the handling of juvenile matters as provided in
subdivision (1) of this section.
    Sec. 9. Section 7-294l of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Each police basic  or  review training program
conducted or administered by the division of state
police within the department of public safety, the
[Municipal] Police OFFICER  STANDARDS AND Training
Council  established  under   section  7-294b,  AS
AMENDED BY SECTION  3  OF THIS ACT, or a municipal
police  department  in  the  state  shall  include
training on gang-related violence.
    Sec.  10.  Section   7-294m   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (1) The [Municipal]  Police  OFFICER STANDARDS
AND  Training Council  established  under  section
[7-294] 7-294b, AS  AMENDED  BY  SECTION 3 OF THIS
ACT, in conjunction  with  the office of the chief
state's attorney and the Connecticut Police Chiefs
Association, and (2)  the division of state police
within  the  department   of   public  safety,  in
conjunction with the  office  of the chief state's
attorney, shall provide instruction on the subject
of  new legal  developments  which  affect  police
policies    and    practices     concerning    the
investigation,   detection  and   prosecution   of
criminal  matters, each  year  to  the  chief  law
enforcement officer of  each  municipality and any
person designated by him to serve in such capacity
in his absence.  Each  such  officer  may be given
credit for such  course  of instruction toward the
certified review training  required  by subsection
(a) of section  7-294d, AS AMENDED BY SECTION 4 OF
THIS ACT.
    Sec.  11.  Section   7-294x   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The [Municipal] Police  OFFICER  STANDARDS AND
Training Council established under section 7-294b,
AS AMENDED BY SECTION 3 OF THIS ACT, shall provide
training to security  personnel  employed  in  the
public schools by  a  local  or  regional board of
education.  Such  training   shall   include  drug
detection and gang identification.
    Sec. 12. Subsection  (a) of section 14-286e of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) A police  officer  operating  a bicycle in
response to an  emergency call or while engaged in
rescue operations or  in  the immediate pursuit of
an actual or  suspected  violator of the law shall
be exempt from  the provisions of sections 14-286,
14-286a, 14-286b, 14-286c  and 14-289 provided (1)
the  police  officer   is  wearing  a  distinctive
uniform and (2) the police officer has completed a
course  of instruction  in  basic  police  bicycle
patrol certified by the [Municipal] Police OFFICER
STANDARDS AND Training  Council  or  an equivalent
course of instruction.
    Sec. 13. Subsection (b) of section 21a-274a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) There is  established a safe neighborhoods
grant program which  shall  be administered by the
office of policy  and  management.  Grants  may be
made, on a  competitive  basis,  to  the cities of
Bridgeport,     Danbury,    Hartford,     Meriden,
Middletown, New Britain,  New  Haven,  New London,
Norwalk, Norwich, Stamford, Waterbury and Windham,
and to the  [Municipal]  Police  OFFICER STANDARDS
AND  Training  Council  for  the  purpose  of  (1)
improving  public safety  in  urban  neighborhoods
through programs which increase police presence by
hiring additional police officers and establishing
police substations for  those  neighborhoods,  (2)
involving    residents   in    crime    prevention
activities,  including  security  enhancements  to
neighborhood      residences     and      business
establishments and (3)  improving public safety in
urban   neighborhoods   through   programs   which
increase police presence  by  increasing the hours
worked by police  officers  during times when such
increased presence is  most  needed  to  deter and
control  illegal  use   of   firearms   in   those
neighborhoods  where  there   has   been   a  high
incidence  of  illegal  use  of  firearms  in  the
commission of crime.  The  secretary of the office
of policy and  management  shall adopt regulations
in   accordance   with    chapter   54   for   the
administration of this  section.  Such regulations
shall include provisions  for the establishment of
programs,  the  allocation   of   funds   and  the
application process.
    Sec. 14. Subsection  (a) of section 29-179i of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) There shall  be  a  State-Wide Cooperative
Crime Control Task  Force Policy Board which shall
be in the  division  of  state  police  within the
department  of public  safety  for  administrative
purposes only. The policy board shall consist of a
state  committee,  and   municipal   subcommittees
representing  each municipality  participating  in
the  state-wide  cooperative  crime  control  task
force. The state  committee  shall  consist of the
commissioner of public  safety  who  shall  be the
chairperson, the chief  court administrator or his
designee,  the  chief   state's  attorney  or  his
designee, the commissioner  of  correction  or his
designee, the director  of  the [Municipal] Police
OFFICER  STANDARDS AND  Training  Council  or  his
designee,   the   deputy   commissioner   of   the
department of public  safety,  division  of  state
police or his designee, and the commanding officer
of the task  force.  The  municipal  subcommittees
shall consist of  the  chief  executive officer of
the  participating  municipality,   the  chief  of
police  of  the  participating  municipality,  and
three  other  members   appointed  by  such  chief
executive officer representing,  but  not  limited
to,  the  interests  of  the  business  community,
social and community services and education.
    Sec. 15. Subsection  (f) of section 46b-38b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (f) The [Municipal]  Police  OFFICER STANDARDS
AND  Training Council,  in  conjunction  with  the
division of criminal  justice,  shall establish an
education and training program for law enforcement
officers, supervisors and state's attorneys on the
handling  of  family   violence   incidents.  Such
training  shall: (1)  Stress  the  enforcement  of
criminal law in  family violence cases and the use
of community resources  and  include  training for
peace  officers at  both  recruit  and  in-service
levels; (2) include:  (A)  The  nature, extent and
causes of family violence; (B) legal rights of and
remedies available to  victims  of family violence
and  persons  accused   of  family  violence;  (C)
services and facilities  available  to victims and
batterers;  (D) legal  duties  imposed  on  police
officers to make  arrests  and to offer protection
and  assistance;  (E)   techniques   for  handling
incidents of family  violence  that  minimize  the
likelihood of injury  to  the  officer and promote
safety of the victim.