Sec. 7-275. Meetings of commissioners. Vacancies.
Sec. 7-276. Powers of commissioners.
Sec. 7-277. Town to bear expense.
Sec. 7-277a. Police assistance agreements.
Sec. 7-278. Hearing prior to dismissal of municipal police head. Just cause requirement. Appeal.
Sec. 7-279. Subpoena to appear before municipal police commissioners.
Sec. 7-281a. Free use of COLLECT system.
Sec. 7-282. Municipal accident and police records.
Sec. 7-282a. Reporting of bomb incidents.
Sec. 7-282b. Automatic telephone alarms.
Sec. 7-282d. Imposition of pedestrian citation or traffic ticket quotas prohibited.
Sec. 7-283. Employment of private detectives.
Sec. 7-284. Police protection at places of amusement.
Sec. 7-285. Sale of unclaimed goods by police departments.
Sec. 7-286. Police matrons in certain cities.
Sec. 7-287. Female prisoners under care of police matron.
Sec. 7-288. Duty of police matron.
Sec. 7-289. Qualifications of matron; salary; removal.
Sec. 7-290. Separate station for female prisoners.
Sec. 7-291b. Guidelines re recruitment, retention and promotion of minority police officers.
Sec. 7-291e. Requirements re provision of behavioral health assessments to police officers.
Sec. 7-292. Adoption of forty-hour week for policemen.
Sec. 7-294. Earnings not affected.
Sec. 7-294a. Police Officer Standards and Training Council: Definitions.
Sec. 7-294b. Members of council. Holding of other office.
Sec. 7-294c. Submission of annual report by council to Governor and General Assembly.
Sec. 7-294e. Recertification of police officers. Regulations.
Sec. 7-294i. Transferred
Sec. 7-294j. Transferred
Sec. 7-294k. Transferred
Sec. 7-294l. State and local police training programs to provide training on gang-related violence.
Sec. 7-294o. Development and implementation of policy re missing person reports. Training.
Sec. 7-294t. Eyewitness Identification and Emerging Technologies Task Force.
Sec. 7-294w. State and local police training programs to include traffic incident management.
Sec. 7-294x. Council to provide training to public school security personnel.
Sec. 7-294z. (Formerly Sec. 7-294k). Use of radar devices by state and municipal police officers.
Sec. 7-294dd. Reimbursement for cost of police officer certification.
Sec. 7-294hh. State and local police policy concerning crowd management. Regulations. Training.
Sec. 7-294mm. Timely notification by a peace officer of a death.
Secs. 7-294oo to 7-294zz. Reserved
Sec. 7-294aaa. Establishment of civilian police review boards.
Sec. 7-295. Acceptance of part.
Sec. 7-296. Reserve fund of police department.
Sec. 7-297. Veteran reserve; retirement; death benefits.
Sec. 7-298. Removal of policemen not restricted.
Sec. 7-300. Establishment of funds in towns and boroughs.
Sec. 7-301. Establishment of fire department.
Sec. 7-302. Hearing prior to dismissal of fire department head. Appeal.
Sec. 7-303. “Municipality”, “work” and “duty” defined.
Sec. 7-304. Participation of municipalities.
Sec. 7-307. Age requirement for veterans.
Sec. 7-309. Liability for damage caused by motor vehicle used for fire fighting.
Sec. 7-311. Liability for delay in reporting fire or other emergency.
Sec. 7-312. Liability as to use of water holes.
Sec. 7-313b. Authority of fire department officer to order removal of persons.
Sec. 7-313c. Indemnification for educational expenses.
Sec. 7-313d. Local fire department's authority to inspect state facilities.
Sec. 7-313e. Authority of fire officer during emergency.
Sec. 7-313f. Authority of fire chiefs at certain state facilities.
Sec. 7-313g. “Firefighter” defined.
Sec. 7-313h. Firefighters cancer relief account.
Sec. 7-313j. Firefighters cancer relief program established.
Sec. 7-313l. Firefighter training on resilience and self-care techniques.
Sec. 7-313m. Grants to distressed municipalities for volunteer firefighter training.
Sec. 7-313o. Firefighter turnout gear. Maintenance and remediation of toxic substances.
Sec. 7-314. Definitions. Exemption from Freedom of Information Act.
Sec. 7-314a. Death, disability and injury benefits. Presumption.
Sec. 7-314c. Assumption of liability by the state for volunteer firefighters.
Sec. 7-322a. Benefits for volunteers rendering service to another fire company.
Sec. 7-322d. Election of officers. Ballots exempt from Freedom of Information Act.
Sec. 7-323. Application of part.
Sec. 7-323b. Acceptance of part.
Sec. 7-323c. Benefit fund established.
Sec. 7-323d. Actuarial studies of fund experience.
Sec. 7-323f. Insurance policies to provide benefits authorized.
Sec. 7-323g. Withdrawal of acceptance.
Sec. 7-323h. Municipal liability for maintaining benefits.
Sec. 7-323i. Administration of fund.
Sec. 7-323k. Commission on Fire Prevention and Control.
Sec. 7-323l. Duties of Commission on Fire Prevention and Control. Regulations.
Sec. 7-323m. Exceptions, voluntary cooperation.
Sec. 7-323n. Office of State Fire Administration.
Sec. 7-323o. State Fire Administrator, appointment and duties.
Sec. 7-323q. Indemnification of fire service instructors.
Sec. 7-323t. Municipal contracts prohibiting paid emergency personnel from volunteer service.
Sec. 7-323u. Regional fire school. Notice and hearing. Appeals. Regulations.
Sec. 7-274. Establishment by ordinance of town police commissions; adoption by ordinance of special act provisions when police commission established thereby. (a) Any town may, by ordinance, establish a board of police commissioners to be elected, in accordance with the provisions of section 9-201 or to be appointed by the council or board of directors of a town, the common council or other body empowered to make ordinances of a city, the board of burgesses of a borough or the board of selectmen of a town not having a council or board of directors, provided in a town having both a board of selectmen and a representative town meeting such ordinance may designate the representative town meeting as the appointing authority, for the purpose of organizing and maintaining a police department in such town. Such board shall consist of three, five or seven electors, all of whom shall be resident taxpayers of such town. Such commissioners shall be sworn to the faithful performance of their duties and shall serve without compensation, but their actual expenses and disbursements incurred in the performance of their duties shall be paid from the town treasury.
(b) For any town in which a board of police commissioners has been established pursuant to a special act, such town may, by ordinance, adopt the provisions of such special act and any amendment to such act.
(1949 Rev., S. 656; 1953, S. 260d; 1957, P.A. 13, S. 19; P.A. 73-138, S. 1, 2; P.A. 74-209; P.A. 19-104, S. 1.)
History: P.A. 73-138 permitted board to be appointed as well as elected; P.A. 74-209 clarified appointment provisions by listing specific appointing authorities; P.A. 19-104 designated existing provisions re establishment of board of police commissioners as Subsec. (a) and added Subsec. (b) re boards established pursuant to special act.
Cited. 144 C. 21; 171 C. 553.
Upon establishment of board by town meeting, no vacancy exists when members are to be elected at the “next town election”. 19 CS 316. Cited. 31 CS 145; 38 CS 419.
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Sec. 7-275. Meetings of commissioners. Vacancies. The board of police commissioners shall elect one of its number to be chairman and one member to be clerk and shall hold regular meetings and keep records of the same. Meetings shall be held upon the call of the chairman or of a majority of the members of the board. A majority of the members of the board shall constitute a quorum. In the event of any vacancy upon the board, the board of selectmen shall have authority by majority vote to fill such vacancy until the next town election, at which election a member shall be elected for the unexpired portion of the term.
(1949 Rev., S. 658; 1953, S. 261d.)
See Sec. 9-1 for applicable definitions.
Cited. 144 C. 27.
Cited. 19 CS 316.
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Sec. 7-276. Powers of commissioners. Such boards shall have all of the powers given by the general statutes to boards of police commissioners, shall have general management and supervision of the police department of such town and of the property and equipment used in connection therewith, shall make all needful regulations for the government thereof not contrary to law and may prescribe suitable penalties for the violation of any such regulation, including suspension or removal from office of any officer or member of such police department. Such board shall have the sole power of appointment, promotion and removal of the officers and members of such police department, under such regulations as it adopts for the purpose, and such appointees shall hold office during good behavior and until removed for cause upon written charges and after hearing. The members of such police department shall have all such authority with respect to the service of criminal process and the enforcement of the criminal laws as is vested by the general statutes in police officers and constables.
(1949 Rev., S. 659.)
Cited. 171 C. 553; 217 C. 73; 227 C. 363; 229 C. 703. Statutory policy committing selection, direction and dismissal of police officers to town is not inconsistent with grievance procedure in collective bargaining agreement covering discipline of police officers. 255 C. 800.
Cited. 41 CA 649.
Offices of police commissioner and chief of police are incompatible and, upon acceptance of one, other office is vacated. 21 CS 294. A de novo hearing on the merits does not contravene statute since only the power of appointment, promotion and removal of police officers is exclusively reserved to the commissioners. 31 CS 87. Cited. Id., 145.
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Sec. 7-277. Town to bear expense. The expenses, salaries and all costs of maintenance and equipment for such police department shall be paid by such town in the same manner as other expenses of the town government.
(1949 Rev., S. 660.)
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Sec. 7-277a. Police assistance agreements. (a) The chief executive officer of any municipality, or such chief executive officer's designee may, whenever he or she determines it to be necessary in order to protect the safety or well-being of the municipality, request the chief executive officer of any other municipality to furnish such police assistance as is necessary to meet such situation and the chief executive officer, or chief of police or board of police commissioners or other duly constituted authority with the approval of the chief executive officer of the municipality receiving such request may, notwithstanding any other provision or requirement of state or local law, assign and make available for duty in such other municipality, under the direction and command of an officer designated for the purpose, such part of the police forces under his or her control as he or she deems consistent with the safety and well-being of the municipality. Any policeman so provided, while acting in response to such request, shall have the same powers, duties, privileges and immunities as are conferred on the policemen of the municipality requesting assistance. Unless waived in writing by the chief executive officer of the municipality supplying assistance pursuant to a request under this section, such municipality shall be reimbursed for all expenditures incurred in providing such assistance by the municipality making such request, including payments for death, disability or injury of employees and losses or damages to supplies or equipment incurred in providing such assistance. Any municipality, upon the approval of the chief executive officer and, where required by charter or ordinance, the governing body of such municipality, may enter into an agreement with any other municipality or municipalities, with respect to requesting and supplying such assistance and reimbursing or receiving reimbursement for the same.
(b) The chief executive officer of any institution which maintains a special police force, established under the provisions of section 10a-156b, and the chief of police of the Office of State Capitol Police, established under the provisions of section 2-1f, may enter into an agreement with one or more municipalities to furnish or receive police assistance under the same conditions and terms specified in subsection (a) of this section for agreements between municipalities.
(c) The chief executive officer of any town, city or borough which provides police protection solely by a constabulary force may enter into an agreement with one or more municipalities to furnish or receive police assistance under the conditions and terms specified in subsection (a) of this section for agreements between municipalities.
(d) The chief executive officer of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut, who has entered into a memoranda of agreement pursuant to section 47-65c to establish the authority of the tribe's police department and police officers to exercise law enforcement powers pursuant to sections 7-294a to 7-294e, inclusive, may enter into an agreement with one or more municipalities to furnish or receive police assistance under the conditions and terms specified in subsection (a) of this section for agreements between municipalities, provided such memoranda of agreement is in effect.
(1967, P.A. 198; 1969, P.A. 78; P.A. 83-466, S. 1; P.A. 84-302, S. 1; P.A. 96-219, S. 2; P.A. 07-217, S. 21; P.A. 17-4, S. 1.)
History: 1969 act allowed request for assistance to be made when chief executive officer determines it to be necessary rather than “in any emergency” as previously, permitted police chief, police commissioners etc. power to fill request as well as chief executive authority, permitted waiver of reimbursement and provided for agreements between municipalities regarding assistance and reimbursement; P.A. 83-466 added Subsec. (b), which permitted state university special police forces to enter into mutual aid agreements with municipalities and amended Subsec. (a) to permit a municipality's chief executive officer's designee to request police assistance of the chief executive officer of another municipality; P.A. 84-302 added Subsec. (c), permitting the chief executive officer of any town protected solely by a constabulary force to enter into mutual aid agreements with other municipalities; P.A. 96-219 amended Subsec. (b) by adding reference to the chief of police of the Office of State Capitol Police, established under Sec. 2-1f; P.A. 07-217 made technical changes in Subsecs. (b) and (c), effective July 12, 2007; P.A. 17-4 amended Subsec. (a) to replace “town, city or borough” with “municipality” and make technical changes, amended Subsec. (c) to add “for agreements between municipalities”, and added Subsec. (d) re assistance agreements with chief executive officer of Mashantucket Pequot Tribe or Mohegan Tribe of Indians of Connecticut and municipalities.
Cited. 227 C. 363.
Cited. 29 CA 207.
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Sec. 7-277b. Reimbursement for body-worn or electronic defense weapon recording equipment, data storage devices or services and dashboard cameras with a remote recorder. (a) The Office of Policy and Management shall, within available resources, administer a grant program to provide grants-in-aid to reimburse (1) each municipality for the costs associated with the purchase by such municipality of body-worn recording equipment or electronic defense weapon recording equipment for use by the sworn members of such municipality's police department or for use by constables, police officers or other persons who perform criminal law enforcement duties under the supervision of a resident state trooper serving such municipality, and digital data storage devices or services, provided such equipment and device or service conforms to the minimal technical specifications approved pursuant to subsection (b) of section 29-6d, if applicable, and (2) any municipality making a first-time purchase of one or more dashboard cameras with a remote recorder or replacing one or more dashboard cameras purchased prior to December 31, 2010, with one or more dashboard cameras with a remote recorder. Any such municipality may apply for such grants-in-aid to the Secretary of the Office of Policy and Management in such manner as prescribed by said secretary. Such grants-in-aid shall be distributed as provided in subsection (b) of this section.
(b) (1) (A) Any municipality that purchased such body-worn recording equipment, electronic defense weapon recording equipment or digital data storage devices or services, made a first-time purchase of one or more dashboard cameras with a remote recorder or replaced one or more dashboard cameras purchased prior to December 31, 2010, with one or more dashboard cameras with a remote recorder during the fiscal years ending June 30, 2017, and June 30, 2018, shall, within available resources, be reimbursed for up to one hundred per cent of the costs associated with such purchases, provided the costs of such digital data storage services shall not be reimbursed for a period of service that is longer than one year, and provided further that in the case of reimbursement for costs associated with the purchase of body-worn recording equipment, such body-worn recording equipment is purchased in sufficient quantity, as determined by the chief of police in the case of a municipality with an organized police department or, where there is no chief of police, the warden of the borough or the first selectman of the municipality, as the case may be, to ensure that sworn members of such municipality's police department or constables, police officers or other persons who perform criminal law enforcement duties under the supervision of a resident state trooper serving such municipality are supplied with such equipment while interacting with the public in such sworn members', such constables', such police officers' or such persons' law enforcement capacity.
(B) Any municipality that purchased such body-worn recording equipment during the fiscal years ending June 30, 2017, and June 30, 2018, and paid for such purchase not later than August 31, 2018, shall, within available resources, be reimbursed for up to one hundred per cent of the costs associated with such purchase in accordance with subparagraph (A) of this subdivision.
(C) Any municipality that purchased such body-worn recording equipment or digital data storage devices or services on or after January 1, 2012, but prior to July 1, 2016, shall be reimbursed for costs associated with such purchases, but not in an amount to exceed the amount of grant-in-aid such municipality would have received under subparagraph (A) of this subdivision if such purchases had been made in accordance with said subparagraph (A).
(D) Any municipality that was reimbursed under subparagraph (C) of this subdivision for body-worn recording equipment and that purchased additional body-worn recording equipment during the fiscal years ending June 30, 2017, and June 30, 2018, shall, within available resources, be reimbursed for up to one hundred per cent of the costs associated with such purchases, provided such equipment is purchased in sufficient quantity, as determined by the chief of police in the case of a municipality with an organized police department or, where there is no chief of police, the warden of the borough or the first selectman of the municipality, as the case may be, to ensure that sworn members of such municipality's police department or constables or other persons who perform criminal law enforcement duties under the supervision of a resident state trooper serving such municipality are supplied with such equipment while interacting with the public in such sworn members', such constables', such police officers' or such persons' law enforcement capacity.
(2) Any municipality that was not reimbursed under subdivision (1) of this subsection and that, not earlier than July 1, 2018, and not later than June 30, 2021, (A) purchased such body-worn recording equipment, electronic defense weapon recording equipment or digital data storage devices or services, (B) made a first-time purchase of one or more dashboard cameras with a remote recorder, or (C) replaced one or more dashboard cameras purchased prior to December 30, 2010, with one or more dashboard cameras with a remote recorder, shall, within available resources, be reimbursed for up to fifty per cent of the costs associated with such purchases, provided the costs of such digital data storage services shall not be reimbursed for a period of service that is longer than one year.
(c) For the purposes of this section, “electronic defense weapon recording equipment” means an electronic defense weapon that is equipped with electronic audio and visual recording equipment, “electronic defense weapon” has the same meaning as provided in section 53a-3, “dashboard camera with a remote recorder” means a camera that affixes to a dashboard or windshield of a police vehicle that electronically records video of the view through the vehicle's windshield and has an electronic audio recorder that may be operated remotely.
(June Sp. Sess. P.A. 15-4, S. 8; P.A. 17-225, S. 2; P.A. 18-107, S. 1; P.A. 19-11, S. 1; P.A. 20-1, S. 54.)
History: June Sp. Sess. P.A. 15-4 effective January 1, 2016; P.A. 17-225 added provisions re electronic defense weapon recording equipment and re constables, police officers or other persons who perform criminal law enforcement duties under supervision of resident state trooper, amended Subsec. (a) by designating provisions re costs associated with equipment and devices as Subdiv. (1) and amending same by adding “if applicable” re Sec. 29-6d and adding Subdiv. (2) re first-time purchase of dashboard cameras, amended Subsec. (b) by adding provisions re first-time purchase of dashboard cameras during fiscal years ending June 30, 2017 and June 30, 2018 in Subdiv. (1)(A), adding “within available resources” re reimbursement for costs and adding provisions re purchase of equipment in sufficient quantity determined by chief of police or warden of borough or first selectman in Subdivs. (1)(A) and (1)(C), adding “and June 30, 2018” in Subdiv. (1)(C), adding provision re first-time purchase of dashboard cameras, replaced “June 30, 2018” with “June 30, 2019” and added “within available resources” re reimbursement for costs, added Subsec. (c) re definitions, and made technical and conforming changes, effective July 10, 2017; P.A. 18-107 added provisions re replacement of dashboard cameras purchased prior to December 31, 2010, amended Subsec. (b)(1)(A) by deleting provision re digital data storage devices or services to be purchased during fiscal year ending June 30, 2017, and made technical and conforming changes, effective June 7, 2018; P.A. 19-11 amended Subsec. (b)(1) by adding new Subpara. (B) authorizing reimbursement for body-worn recording equipment purchased during fiscal years ending June 30, 2017 and June 30, 2018 and paid for not later than August 31, 2018, redesignating existing Subparas. (B) and (C) as Subparas. (C) and (D) and making a conforming change, effective July 1, 2019***; P.A. 20-1 amended Subsec. (b)(2) to make eligible for reimbursement purchases made from July 1, 2018 to June 30, 2021, instead of purchases made during the fiscal year ending June 30, 2019, designated existing clauses re purchases as Subparas. (A) to (C) and made a technical change, effective March 12, 2020.
See Sec. 29-6d re use of body-worn recording equipment and dashboard cameras.
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Sec. 7-277c. Grants to municipalities for purchase of body-worn recording equipment, digital data storage devices or services and dashboard cameras with a remote recorder. (a) The Office of Policy and Management shall, within available resources, administer a grant program to provide a grant-in-aid to any municipality approved for such a grant-in-aid by the office, for the costs associated with (1) the purchase of body-worn recording equipment for use by the sworn members of such municipality's police department or for use by constables, police officers or other persons who perform criminal law enforcement duties under the supervision of a resident state trooper serving such municipality, and digital data storage devices or services, provided such equipment, device or service conforms to the minimal technical specifications approved pursuant to subsection (b) of section 29-6d, and (2) a first-time purchase by such municipality of one or more dashboard cameras with a remote recorder or the replacement by such municipality of one or more dashboard cameras purchased prior to December 31, 2010, with one or more dashboard cameras with a remote recorder, provided such dashboard cameras with a remote recorder conform to the minimal technical specifications approved pursuant to subsection (b) of section 29-6d.
(b) Any municipality may apply for a grant-in-aid pursuant to this section to the Secretary of the Office of Policy and Management on such form and in such manner as prescribed by the secretary, who may further prescribe additional technical or procurement requirements as a condition of receiving such grant-in-aid.
(c) The Office of Policy and Management shall distribute grants-in-aid pursuant to this section during the fiscal years ending June 30, 2021, June 30, 2022, and June 30, 2023. Any such grant-in-aid shall be for up to fifty per cent of the cost of such purchase of body-worn recording equipment, digital data storage devices or services or dashboard cameras with a remote recorder if the municipality is a distressed municipality, as defined in section 32-9p, or up to thirty per cent of the cost of such purchase if the municipality is not a distressed municipality, provided the costs of such digital data storage services covered by a grant-in-aid shall not be for a period of service that is longer than one year.
(d) For the purposes of this section, (1) “body-worn recording equipment” means an electronic recording device that is capable of recording audio and video; (2) “dashboard camera with a remote recorder” means a camera that affixes to a dashboard or windshield of a police vehicle that electronically records video of the view through the vehicle's windshield and has an electronic audio recorder that may be operated remotely; and (3) “digital data storage device or service” means a device or service that retains the data from the recordings made by body-worn recording equipment using computer data storage.
(July Sp. Sess. P.A. 20-1, S. 20; P.A. 22-118, S. 332.)
History: July Sp. Sess. P.A. 20-1 effective July 31, 2020; P.A. 22-118 amended Subsec. (c) by inserting reference to June 30, 2023, effective July 1, 2022.
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Sec. 7-278. Hearing prior to dismissal of municipal police head. Just cause requirement. Appeal. No active head of any police department of any town, city or borough shall be dismissed unless there is a showing of just cause by the authority having the power of dismissal and such person has been given notice in writing of the specific grounds for such dismissal and an opportunity to be heard in his own defense, personally or by counsel, at a public hearing before such authority. Such public hearing, unless otherwise specified by charter, shall be held not less than five nor more than ten days after such notice. Any person so dismissed may appeal within thirty days following such dismissal to the superior court for the judicial district in which such town, city or borough is located. Service shall be made as in civil process. Said court shall review the record of such hearing, and, if it appears upon the hearing upon the appeal that testimony is necessary for an equitable disposition of the appeal, it may take evidence or appoint a referee or a committee to take such evidence as it directs and report the same to the court with his or its findings of fact, which report shall constitute a part of the proceedings upon which the determination of the court shall be made. The court, upon such appeal, and after a hearing thereon, may affirm the action of such authority, or may set the same aside if it finds that such authority acted illegally or arbitrarily, or in the abuse of its discretion, with bad faith, malice, or without just cause.
(1949, 1951, 1955, S. 425d; P.A. 74-183, S. 178, 291; P.A. 76-436, S. 288, 681; P.A. 82-472, S. 18, 183; P.A. 83-212.)
History: P.A. 74-183 added reference to judicial district; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 82-472 deleted obsolete reference to county as venue for superior court; P.A. 83-212 required a showing of just cause for municipal police chief dismissals.
Cited. 209 C. 353; 223 C. 354; 229 C. 703.
Cited. 44 CA 611.
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Sec. 7-279. Subpoena to appear before municipal police commissioners. The chief executive officer of any municipality, the clerk of the board of police commissioners in any municipality or any justice of the peace may sign and issue subpoenas to compel the attendance of witnesses before the board of police commissioners in such municipality at any lawful meeting of such board. Any such subpoena may be served in the same manner as by law provided for witnesses in civil causes, except that no fees shall be tendered to any witness at the time of such service. Any person upon whom such process has been legally served shall appear before such board in obedience to such process and testify as to any matters lawfully pending before such board. If any person upon whom such a subpoena has been served refuses to attend before such board, the clerk of such board, by direction of the board, may issue a capias, directed to some proper officer, to arrest such witness and bring him before the board to testify; and, in case such person refuses to testify, the board shall have the power to adjudge such person to be in contempt and may issue a mittimus, signed by its clerk, and commit such person to a community correctional center for not more than thirty days.
(1949 Rev., S. 661; 1969, P.A. 297; P.A. 77-178, S. 1.)
History: 1969 act replaced jails with community correctional centers; P.A. 77-178 replaced “city” with “municipality” and “mayor” with “chief executive officer”.
This is an exercise of the police power and is not a judicial proceeding. 65 C. 33. Cited. 180 C. 243; 222 C. 799.
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Sec. 7-280. Witness fees. The same fees as provided by law for witnesses in civil causes shall be paid out of the treasury of the municipality to any witnesses, except policemen, who attend and testify under the provisions of section 7-279, the amount of such fees to be certified by the mayor or clerk of such board to the proper auditing officers of the municipality.
(1949 Rev., S. 662; P.A. 77-178, S. 2.)
History: P.A. 77-178 replaced references to “city” with references to “municipality”.
See Sec. 52-260 re witness fees.
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Sec. 7-281. Execution of criminal process in towns, cities and boroughs. Execution of arrest warrants. Active members of any legally organized police force in a town, city or borough shall have the same authority to execute criminal process in their respective towns, cities or boroughs as constables have in their respective towns, and, in addition, any such member having a warrant of arrest arising out of an offense allegedly committed in the town, city or borough in which such police force is located may execute such warrant in any part of the state.
(1949 Rev., S. 663; 1967, P.A. 20, S. 1.)
History: 1967 act included towns and added provision concerning execution of warrants.
Police officers appointed by our municipalities are officers as fully as the sheriff of the county, charged with the execution of a trust. 67 C. 310; 70 C. 121. Cited. 181 C. 562; 210 C. 333; 227 C. 363.
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Sec. 7-281a. Free use of COLLECT system. Each municipal police department shall have access to, and use of, the Connecticut On-Line Law Enforcement Communications Teleprocessing System without charge.
(P.A. 87-427, S. 1, 2.)
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Sec. 7-282. Municipal accident and police records. The police department of any city, town or borough having or receiving any memoranda, sketches, charts, written statements, reports or photographs made in the investigation of any accident wherein any person has been injured or property damaged shall preserve and retain the same for a period of at least ten years from the date of such accident. Subsequent to the final disposition of any criminal action arising out of an accident, the records hereinbefore specified and the information contained therein shall be open to public inspection, except that such records shall be available to any person involved in the accident subsequent to the issuance of a warrant or summons in such action.
(1949 Rev., S. 676; 1957, P.A. 248; P.A. 80-61.)
History: P.A. 80-61 raised period during which accident records must be maintained from 3 to 10 years and added provision that records be available to persons involved in accidents after warrant or summons issued.
See Sec. 29-10c re state police accident records.
Cited. 33 CA 727.
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Sec. 7-282a. Reporting of bomb incidents. Section 7-282a is repealed, effective October 1, 1997.
(P.A. 76-89; P.A. 85-613, S. 86, 154; P.A. 97-162, S. 5.)
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Sec. 7-282b. Automatic telephone alarms. No person shall install or connect any telephone device in his residence or place of business which device is capable of automatically calling and relaying recorded messages to a Division of State Police, or municipal police or fire department telephone number unless such person has given ten days' notice of such connection or installation, in writing, to the state police troop commander, or chief law enforcement or fire safety officer, as the case may be, of the municipality where such residence or place of business is located.
(P.A. 79-466; P.A. 80-5.)
History: P.A. 80-5 included division of state police under provisions of section.
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Sec. 7-282c. Filing and dissemination of reports re missing children, missing youths and certain missing persons. Any municipal police department which receives a report of a missing child or missing youth under eighteen years of age or a missing person who is eligible for assistance under subsection (a) of section 29-1f shall immediately accept such report for filing and inform all on-duty police officers of the existence of the missing child, missing youth or missing person report and communicate the report to other appropriate law enforcement agencies.
(P.A. 85-278; P.A. 09-109, S. 1; P.A. 11-102, S. 4; 11-157, S. 1.)
History: P.A. 09-109 added provisions re reports of missing persons eligible for assistance under Sec. 29-1f(a), effective July 1, 2009; P.A. 11-102 changed age of missing child from under 15 years to under 18 years of age; P.A. 11-157 added provisions re reports of missing youth under 18 years of age.
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Sec. 7-282d. Imposition of pedestrian citation or traffic ticket quotas prohibited. No municipal police department may impose any quota with respect to the issuance of citations to pedestrians or summonses for motor vehicle violations upon any policeman in such department. Nothing in this section shall prohibit such department from using data concerning the issuance of such citations or summonses in the evaluation of an individual's work performance provided such data is not the exclusive means of evaluating such performance. As used in this section, “quota” means a specified number of citations issued to pedestrians or summonses for motor vehicle violations to be issued within a specified period of time.
(P.A. 91-222, S. 2, 3; July Sp. Sess. P.A. 20-1, S. 38.)
History: July Sp. Sess. P.A. 20-1 added references to citations issued to pedestrians.
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Sec. 7-282e. Intervention in or reporting of use of unreasonable, excessive or illegal force by a witnessing officer. Records of incidents of use of physical force, discharge of a firearm or engagement of a pursuit. Review and reporting of use of force incidents. (a)(1) Any police officer, as defined in section 7-294a, who while acting in such officer's law enforcement capacity, witnesses another police officer use what the witnessing officer objectively knows to be unreasonable, excessive or illegal use of force, shall intervene and attempt to stop such other police officer from using such force. Any such police officer who fails to intervene in such an incident may be prosecuted and punished for the same acts in accordance with the provisions of section 53a-8 as the police officer who used unreasonable, excessive or illegal force. The provisions of this subdivision do not apply to any witnessing officer who is operating in an undercover capacity at the time he or she witnesses another officer use unreasonable, excessive or illegal force.
(2) Any police officer who witnesses another police officer use what the witnessing officer objectively knows to be unreasonable, excessive or illegal use of force or is otherwise aware of such use of force by another police officer shall report, as soon as is practicable, such use of force to the law enforcement unit, as defined in section 7-294a, that employs the police officer who used such force. Any police officer required to report such an incident who fails to do so may be prosecuted and punished in accordance with the provisions of sections 53a-165 to 53a-167, inclusive.
(3) No law enforcement unit employing a police officer who intervenes in an incident pursuant to subdivision (1) of this subsection or reports an incident pursuant to subdivision (2) of this subsection may take any retaliatory personnel action or discriminate against such officer because such police officer made such report and such intervening or reporting police officer shall be protected by the provisions of section 4-61dd or section 31-51m, as applicable.
(b) Each law enforcement unit shall create and maintain a record detailing any incident (1) reported pursuant to subdivision (2) of subsection (a) of this section, or (2) otherwise made known to the law enforcement unit during which a police officer (A) uses physical force that is likely to cause serious physical injury, as defined in section 53a-3, to another person or the death of another person, including, but not limited to, (i) striking another person with an open or closed hand, elbow, knee, club or baton, kicking another person, or using pepper spray, an electronic defense weapon, as defined in section 53a-3, or less lethal projectile on another person, (ii) using a chokehold or other method of restraint applied to the neck area or that otherwise impedes the ability to breathe or restricts blood circulation to the brain of another person, or (iii) using any other form of physical force designated by the Police Officer Standards and Training Council, (B) discharges a firearm, except during a training exercise or in the course of dispatching an animal, or (C) engages in a pursuit, as defined in subsection (a) of section 14-283a. Such record shall include, but not be limited to: The name of the police officer, the time and place of the incident, a description of what occurred during the incident and, to the extent known, the names of the victims and witnesses present at such incident.
(c) Not later than February 1, 2021, and annually thereafter, each law enforcement unit shall prepare and submit a report concerning incidents described in subsection (b) of this section during the preceding calendar year to the Criminal Justice Policy and Planning Division within the Office of Policy and Management. Such report shall include the records described in subsection (b) of this section and shall be submitted electronically using a standardized method and form disseminated jointly by the Criminal Justice Policy and Planning Division within the Office of Policy and Management and the Police Officer Standards and Training Council. The standardized method and form shall allow compilation of statistics on each use of force incident, including, but not limited to, (1) the race and gender of such person upon whom force was used, provided the identification of such characteristics shall be based on the observation and perception of the police officer, (2) the number of times force was used on such person, and (3) any injury suffered by such person against whom force was used. The Criminal Justice Policy and Planning Division within the Office of Policy and Management and the Police Officer Standards and Training Council may revise the standardized method and form and disseminate such revisions to law enforcement units. Each law enforcement unit shall, prior to submission of any such report pursuant to this subsection, redact any information from such report that may identify a minor, witness or victim.
(d) The Office of Policy and Management shall, within available appropriations, review the use of force incidents reported pursuant to this section. Not later than December 1, 2021, and annually thereafter, the office shall report, in accordance with the provisions of section 11-4a, the results of any such review, including any recommendations, to the Governor, the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.
(June Sp. Sess. P.A. 15-4, S. 5; P.A. 19-90, S. 1; July Sp. Sess. P.A. 20-1, S. 30; P.A. 21-40, S. 3.)
History: P.A. 19-90 designated existing provisions re record of certain incidents as Subsec. (a) and amended same by adding provision re chokehold or other method of restraint applied to neck area in Subdiv. (1), adding Subdiv. (3) re engaging in pursuit, and making technical changes, and added Subsec. (b) re reporting; July Sp. Sess. P.A. 20-1 added new Subsec. (a) re an officer witnessing another officer's unreasonable, excessive or illegal use of force, redesignated existing Subsec. (a) as Subsec. (b) and amended same by adding new Subdiv. (1) re reporting pursuant to Subsec. (a)(2), adding new Subdiv. (2) re incidents otherwise made known to law enforcement unit, redesignating existing Subdiv. (1) as Subpara. (A), redesignating provision re types of physical force as clause (i) and amending same to add reference to elbow and knee, replace reference to electroshock weapon with reference to electronic defense weapon and add reference to less lethal projectile, redesignating provision re chokehold or other method of restraint applied to neck area as clause (ii) and amending same to add provision re impeding ability to breathe or restricting blood circulation to brain, and adding provision re other form of physical force designated by the Police Officer Standards and Training Council as clause (iii), and redesignating existing Subdivs. (2) and (3) as Subparas. (B) and (C), redesignated existing Subsec. (b) as Subsec. (c) and amended same by replacing “February 1, 2020” with “February 1, 2021”, deleting existing Subdivs. (1) and (2), deleting Subdiv. (3) designator and adding provision re electronic submission using standardized method and form, redesignating existing Subparas. (A) to (C) as Subdivs. (1) to (3), and adding provision re revision and dissemination of standardized method and form, added Subsec. (d) re Office of Policy and Management to review use of force incidents and report results and made technical and conforming changes throughout; P.A. 21-40 made a technical change in Subsec. (c).
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Sec. 7-283. Employment of private detectives. No municipal corporation shall employ private detectives in the investigation or detection of crime at an expense of more than five hundred dollars unless a specific appropriation therefor has been made, nor unless the authorities thereof have first applied to the state police for assistance in such investigation and waited a reasonable time for said state police to act. Any municipal official who violates any provision of this section shall be fined not more than five hundred dollars and shall be liable to such municipality in a civil action for the amount expended in excess of such sum as has been appropriated for such investigation.
(1949 Rev., S. 664; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 77-614 and P.A. 78-303 made state police a division within the department of public safety rather than a separate department, effective January 1, 1979.
Cited. 104 C. 15.
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Sec. 7-284. Police protection at places of amusement. When police protection is necessary or required at any boxing bout or wrestling match, place of public amusement, sport contest or hockey, baseball or basketball game, or any other exhibition or contest, which is being held or is to be held in any municipality, the amount of such protection necessary shall be determined and shall be furnished by (1) the chief or superintendent of the police department in any municipality having an organized or paid police department or (2) the commanding officer of the state police troop having jurisdiction over the municipality in any municipality having a resident state trooper. Any such protection shall be paid for by the person or persons operating, conducting or promoting such game, exhibition or contest.
(1949 Rev., S. 704; P.A. 77-614, S. 486, 610; P.A. 82-193, S. 1, 3; P.A. 85-21.)
History: P.A. 77-614 substituted division of state police within the department of public safety for state police department, effective January 1, 1979; P.A. 82-193 clarified provisions dealing with the determination and provision of police protection at places of amusement and added Subsec. (b) dealing with traffic control at certain pari-mutuel facilities; P.A. 85-21 deleted former Subsec. (b), which had permitted associations licensed under chapter 226 which conduct jai alai or racing to employ persons to control traffic near pari-mutuel facilities.
Cited. 213 C. 269. Section was applied to plaintiff in a manner consistent with first amendment. 236 C. 781.
Although “shall” can connote a mandatory command, the language of statute read as a whole involves discretionary acts and does not create a ministerial duty to furnish police protection. 138 CA 40.
Inapplicable to restaurants and dances at restaurants. 6 Conn. Cir. Ct. 631.
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Sec. 7-285. Sale of unclaimed goods by police departments. The Commissioner of Emergency Services and Public Protection, the board of police commissioners, the chief of police, superintendent of police or other authority having charge of a police department may sell by public auction any and all articles found and which have remained in the possession thereof for one year or more. Before such sale, such authority shall cause the time and place thereof, and a description of such of the articles as are of the appraised value of fifty dollars or more, to be advertised at least once a week, for two successive weeks, at least two weeks prior to the actual sale date, in a daily newspaper published in the county in which such articles were found or recovered. The proceeds of such sale, after deducting the expenses thereof, shall be paid to the State Treasurer or the treasurer of the municipality, who shall keep the same as a separate fund to be used and applied for the relief of sick, injured or disabled policemen, to be expended under the sole direction of such commissioners or other authority in charge and upon their orders only. In any municipality where such a fund is otherwise provided for, such proceeds shall be deposited in its general fund.
(1949 Rev., S. 667; 1961, P.A. 586; P.A. 75-530, S. 21, 35; P.A. 77-614, S. 486, 610; P.A. 93-65; P.A. 11-51, S. 134.)
History: 1961 act broadened section formerly applicable only to city departments to include all police departments and added provision governing deposit of proceeds in general fund; P.A. 75-530 deleted provision allowing sale of stolen articles; P.A. 77-614 substituted commissioner of public safety for commissioner of state police, effective January 1, 1979; P.A. 93-65 amended section to increase the value of property which must be noticed prior to its auction from $5 to $50 and provided for its advertisement at least two weeks prior to the sale; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011.
See Sec. 7-296 re reserve funds of police departments.
See Secs. 50-9 to 50-14, inclusive, re towns' adoption of procedure with regard to lost goods.
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Sec. 7-286. Police matrons in certain cities. In each city of this state having a population of twenty thousand or more, as shown by the last-preceding United States census, the board of police commissioners or police committee shall appoint a police matron, whose duty it shall be to take charge of all women arrested and held by the police of the city.
(1949 Rev., S. 668.)
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Sec. 7-287. Female prisoners under care of police matron. The board of police commissioners or the police committee in each such city shall assign a certain part of the central police station of the city for female prisoners, which part shall be under the care and control of the police matron, subject to the orders of the chief of police. There shall also be provided by each such city a convenient private room for the use of the police matron, either within the station or in its neighborhood.
(1949 Rev., S. 669.)
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Sec. 7-288. Duty of police matron. The police matron shall take charge of that part of the station so assigned for female prisoners and keep the same in proper condition; and shall, at all times when there are no female prisoners at the station, be within easy call and attend day or night upon such call.
(1949 Rev., S. 670.)
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Sec. 7-289. Qualifications of matron; salary; removal. Each police matron shall be (1) a female police officer or (2) a woman at least eighteen years of age. The hiring authority may establish other qualifications for the employment of police matrons and require evidence of fulfillment of these qualifications. Such matron shall receive such salary as the common council of the city determines and may be removed by the board of police commissioners or police committee if, in its judgment, the public interest requires it. The officer in charge of the station shall, whenever it is necessary, order policemen to assist the matron upon her request for such assistance.
(1949 Rev., S. 671; P.A. 87-39, S. 1, 2; P.A. 89-2; P.A. 91-171, S. 2, 3.)
History: P.A. 87-39 reduced minimum age of matrons from 30 to 18; P.A. 89-2 authorized female police officer to be qualified as a police matron; P.A. 91-171 eliminated from the qualifications for a matron that a woman at least 18 years of age be “of good moral character, recommended in writing by at least five men and five women of good standing, who have been for five years residents of the city”, and added provision authorizing the hiring authority to establish other qualifications and require evidence of fulfillment of these qualifications.
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Sec. 7-290. Separate station for female prisoners. Any city, required by section 7-286 to have a police matron, may provide a separate station for the detention of female prisoners. In any city which has no board of police commissioners or board charged with its general duties, the powers and duties hereby given and assigned to such a board may be exercised and discharged by the mayor of the city.
(1949 Rev., S. 672.)
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Sec. 7-291. Police surgeons. Section 7-291 is repealed.
(1949 Rev., S. 673; P.A. 82-327, S. 12.)
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Sec. 7-291a. Efforts re recruitment, retention and promotion of minority police officers. Annual report. (a) If a law enforcement unit serves a community with a relatively high concentration of minority residents, the unit shall make efforts to recruit, retain and promote minority police officers so that the racial and ethnic diversity of such unit is representative of such community. Such efforts may include, but are not limited to: (1) Efforts to attract young persons from the community such unit serves to careers in law enforcement through enrollment and participation in police athletic leagues in which police officers support young persons of the community through mentoring, sports, education and by fostering a positive relationship between such persons and police officers, the implementation of explorer programs and cadet units and support for public safety academies; (2) community outreach; and (3) implementation of policies providing that when there is a vacant position in such unit, such position shall be filled by hiring or promoting a minority candidate when the qualifications of such candidate exceed or are equal to that of any other candidate or candidates being considered for such position when such candidates are ranked on a promotion or examination register or list. For purposes of this section, “minority” means an individual whose race is defined as other than white, or whose ethnicity is defined as Hispanic or Latino by the federal Office of Management and Budget for use by the Bureau of Census of the United States Department of Commerce.
(b) Not later than January 1, 2021, and annually thereafter, the board of police commissioners, the chief of police, the superintendent of police or other authority having charge of a law enforcement unit that serves a community with a relatively high concentration of minority residents shall report to the Police Officer Standards and Training Council on the community's efforts to recruit, retain and promote minority police officers.
(June Sp. Sess. P.A. 15-4, S. 3; July Sp. Sess. P.A. 20-1, S. 10.)
History: July Sp. Sess. P.A. 20-1 designated existing provisions as Subsec. (a) and added Subsec. (b) re annual report to the Police Officer Standards and Training Council, effective July 31, 2020.
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Sec. 7-291b. Guidelines re recruitment, retention and promotion of minority police officers. Not later than January 1, 2016, each law enforcement unit, as defined in section 7-294a, shall develop and implement guidelines for the recruitment, retention and promotion of minority police officers, as defined in section 7-294a. Such guidelines shall promote achieving the goal of racial, gender, ideological and ethnic diversity within the law enforcement unit and community involvement.
(June Sp. Sess. P.A. 15-4, S. 2; P.A. 22-114, S. 2.)
History: P.A. 22-114 added reference to ideological diversity and community involvement.
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Sec. 7-291c. Prohibition against hiring police officer dismissed for malfeasance or who resigned or retired while under investigation. (a) No law enforcement unit, as defined in section 7-294a, shall hire any person as a police officer, as defined in said section 7-294a, who was previously employed as a police officer by such unit or in any other jurisdiction and who (1) was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or (2) resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct.
(b) Any law enforcement unit that has knowledge that any former police officer of such unit who (1) (A) was dismissed for malfeasance or other serious misconduct, or (B) resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct; and (2) is an applicant for the position of police officer with any other law enforcement unit, shall inform such other unit and the Police Officer Standards and Training Council established under section 7-294b of such dismissal, resignation or retirement.
(c) The provisions of this section shall not apply to any police officer who is exonerated of each allegation against such officer of such malfeasance or other serious misconduct.
(d) For purposes of this section, (1) “malfeasance” means the commonly approved usage of “malfeasance”; and (2) “serious misconduct” means improper or illegal actions taken by a police officer in connection with such officer's official duties that could result in a miscarriage of justice or discrimination, including, but not limited to, (A) a conviction of a felony, (B) fabrication of evidence, (C) repeated use of excessive force, (D) acceptance of a bribe, or (E) the commission of fraud.
(June Sp. Sess. P.A. 15-4, S. 6; P.A. 17-180, S. 1.)
History: P.A. 17-180 amended Subsec. (b)(2) by adding “and the Police Officer Standards and Training Council established under section 7-294b”.
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Sec. 7-291d. Employment protection of police officer who seeks or receives mental health care services. Return to duty. Law enforcement unit liability. (a)(1) No law enforcement unit, as defined in section 7-294a, shall discharge, discipline, discriminate against or otherwise penalize a police officer, as defined in section 7-294a, who is employed by such law enforcement unit solely because the police officer (A) seeks or receives mental health care services, including such services as a result of a behavioral health assessment conducted pursuant to section 7-291e, or (B) surrenders his or her firearm, ammunition or electronic defense weapon used in the performance of the police officer's official duties to such law enforcement unit during the time the police officer receives mental health care services.
(2) The provisions of this subsection shall not be applicable to a police officer who (A) seeks or receives mental health care services to avoid disciplinary action by such law enforcement unit, or (B) refuses to submit himself or herself to an examination as provided in subsection (b) of this section.
(b) Prior to returning to a police officer his or her surrendered firearm, ammunition or electronic defense weapon used in the performance of the police officer's official duties, such law enforcement unit shall request the police officer to submit himself or herself to an examination by a mental health professional, as defined in section 31-294k. The examination shall be performed to determine whether the police officer is ready to report for official duty and shall be paid for by such law enforcement unit.
(c) No civil action may be brought against a law enforcement unit for damages arising from an act or omission of a police officer employed by the unit with respect to the officer's use of his or her personal firearm, if (1) the officer seeks or receives mental health care services and surrenders to such unit his or her firearm, ammunition or electronic defense weapon used in the performance of the police officer's official duties, and (2) such act or omission occurs during the time period the officer has surrendered his or her firearm, ammunition or electronic defense weapon or within six months of the date of surrendering his or her firearm, ammunition or electronic defense weapon, whichever is longer.
(P.A. 19-17, S. 4; P.A. 22-64, S. 1.)
History: P.A. 22-64 amended Subsec. (a) by inserting new Subdiv. designators and redesignating existing Subdivs. (1) and (2) as Subparas. (2)(A) and (2)(B), inserting Subpara. indicators in new Subdiv. (1) and adding provision re behavioral health assessment in Subdiv. (1)(A), effective May 23, 2022.
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Sec. 7-291e. Requirements re provision of behavioral health assessments to police officers. (a) As used in this section: (1) “Administrative head of each law enforcement unit” means the Commissioner of Emergency Services and Public Protection, the board of police commissioners, the chief of police, superintendent of police or other authority having charge of a law enforcement unit; and (2) “behavioral health assessment” means a behavioral health assessment of a police officer conducted by a board-certified psychiatrist, psychologist licensed pursuant to the provisions of chapter 383 or a clinical social worker licensed pursuant to the provisions of chapter 383b, who has experience diagnosing and treating post-traumatic stress disorder.
(b) On and after January 1, 2021, the administrative head of each law enforcement unit shall require each police officer employed by such law enforcement unit to submit, as a condition of continued employment, to a periodic behavioral health assessment. Each police officer employed by a law enforcement unit shall submit to a periodic behavioral health assessment not less than once every five years. In carrying out the provisions of this section, the administrative head of each law enforcement unit may stagger the scheduling of such behavioral health assessments in a manner that results in approximately twenty per cent of the total number of police officers in the law enforcement unit receiving behavioral health assessments each year over a five-year period. Notwithstanding the provisions of this subsection, the administrative head of a law enforcement unit may waive the requirement that a police officer submit to a periodic behavioral health assessment when the police officer has submitted written notification of his or her decision to retire from the law enforcement unit to such administrative head, provided the effective date of such retirement is not more than six months beyond the date on which such periodic behavioral health assessment is scheduled to occur.
(c) In addition to the behavioral health assessments required pursuant to subsection (b) of this section, the administrative head of each law enforcement unit may, for good cause shown, require a police officer to submit to an additional behavioral health assessment. The administrative head of a law enforcement unit requiring that a police officer submit to an additional behavioral health assessment shall provide the police officer with a written statement setting forth the good faith basis for requiring the police officer to submit to an additional behavioral health assessment. Upon receiving such written statement, the police officer shall, not later than thirty days after the date of the written request, submit to such behavioral health assessment.
(d) A law enforcement unit that hires any person as a police officer, who was previously employed as a police officer by another law enforcement unit or employed as a police officer in any other jurisdiction, may require such new hire to submit to a behavioral health assessment not later than six months after the date of hire. When determining whether such new hire shall be required to submit to a behavioral health assessment, the law enforcement unit shall give due consideration to factors that include, but are not limited to, the date on which such new hire most recently submitted to a behavioral health assessment.
(e) Any person conducting a behavioral health assessment of a police officer pursuant to the provisions of this section shall provide a written copy of the results of such assessment to the police officer and to the administrative head of the law enforcement unit employing the police officer.
(f) The results of any behavioral health assessment conducted in accordance with the provisions of this section and any record or note maintained by a psychiatrist, psychologist, or clinical social worker in connection with the conducting of such assessment shall not be subject to disclosure under section 1-210.
(July Sp. Sess. P.A. 20-1, S. 16; P.A. 22-114, S. 1.)
History: July Sp. Sess. P.A. 20-1 effective July 31, 2020; P.A. 22-114 amended Subsecs. (a) and (e) to reference a clinical social worker, effective July 1, 2022.
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Sec. 7-292. Adoption of forty-hour week for policemen. (a) Any municipality may, by ordinance, adopt an average work week of forty hours for permanent paid policemen as provided in sections 7-293 and 7-294 and this section.
(b) The legislative body of such municipality may, by ordinance, or shall, upon petition of the electors of such municipality in number not less than five per cent of the total number of electors on the last-completed registry list, submit the question of adopting the provisions of said sections to a vote of the electors thereof at the next general election or at a special election or meeting called for such purpose. Any such petition shall contain the ordinance to be voted upon by the electors. Such election or meeting shall be called and held, and the vote on such question canvassed and the result determined and certified, as nearly as may be in accordance with the provisions of the laws governing the election of civil officers in such municipality. The notice or warning for such election or meeting shall state that a purpose of such election or meeting is to ascertain whether or not such municipality shall adopt an average work week of forty hours for permanent paid policemen and that such election or meeting is called under the provisions of this section. The vote on such question shall be by voting tabulator, and the voting tabulator ballot, which shall bear the words “For a forty-hour week for policemen” and “Against a forty-hour week for policemen”, shall be provided for use in accordance with the provisions of section 9-250. If, upon the official determination of the result of such vote, it appears that a majority of those voting on the question are in favor of the adoption of the provisions of sections 7-293 and 7-294 and this section, said sections shall take effect as to such municipality no later than ninety days thereafter, provided, where the fiscal year of any such municipality begins within ninety days thereafter, the effective date of said sections for such municipality shall not be later than the first day of the fiscal year next following the expiration of the ninety-day period.
(1951, S. 431d; 1957, P.A. 13, S. 50; P.A. 11-20, S. 1.)
History: Pursuant to P.A. 11-20, “machine” and “ballot label” were changed editorially by the Revisors to “tabulator” and “ballot”, respectively, in Subsec. (b), effective May 24, 2011.
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Sec. 7-293. Work week. The work week for all permanent paid members of the uniformed police force for municipalities adopting sections 7-292 to 7-294, inclusive, shall be an average work week of not more than forty hours, computed over a period of one fiscal or calendar year, as the municipality elects; provided, unless otherwise prescribed by regulation or ordinance, any time spent in an emergency in excess of any regularly assigned or scheduled work week in connection with any actual police duty, including time spent going to, working at or returning from any actual police duty, or any other work or duty classified as an act of emergency shall not be included in computing such average work week.
(1951, S. 432d.)
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Sec. 7-294. Earnings not affected. There shall be no diminution in the weekly earnings of any police in municipalities adopting the provisions of sections 7-292 to 7-294, inclusive, nor shall there be any lessening of any of their existing rights and privileges, as the result of the adoption of the work week provided therein.
(1951, S. 433d.)
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Sec. 7-294a. Police Officer Standards and Training Council: Definitions. As used in section 7-291e, this section, and sections 7-294b to 7-294e, inclusive:
(1) “Academy” means the Connecticut Police Academy;
(2) “Applicant” means a prospective police officer who has not commenced employment or service with a law enforcement unit;
(3) “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;
(4) “Certification” means the issuance by the Police Officer Standards and Training Council to a police officer, police training school or law enforcement instructor of a signed instrument evidencing satisfaction of the certification requirements imposed by section 7-294d, and signed by the council;
(5) “Council” means the Police Officer Standards and Training Council;
(6) “Governor” includes any person performing the functions of the Governor by authority of the law of this state;
(7) “Review training” means training received after minimum basic law enforcement training;
(8) “Law enforcement unit” means any agency or department of this state or a subdivision or municipality thereof, or, if created and governed by a memorandum of agreement under section 47-65c, of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut, 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;
(9) “Police officer” means a sworn member of an organized local police department or of the Division of State Police within the Department of Emergency Services and Public Protection, 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;
(10) “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; and
(11) “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.
(February, 1965, P.A. 575, S. 1; 1969, P.A. 684; 1971, P.A. 571; 1972, P.A. 119, S. 2; P.A. 81-426, S. 2.; P.A. 82-357, S. 1, 8; P.A. 87-560, S. 1; P.A. 95-108, S. 2; P.A. 05-288, S. 41; P.A. 12-204, S. 1; P.A. 13-170, S. 1; July Sp. Sess. P.A. 20-1, S. 15.)
History: 1969 act included constables in definition of “police officer”; 1971 act excluded supervisory personnel from definition of “police officer”; 1972 act included members of special police force at The University of Connecticut, Storrs in definition of “police officer”; P.A. 81-426 redefined “police officer”, deleted the definition of “municipality” and added the following definitions: “Academy”, “applicant”, “basic training”, “certification”, “in-service training”, “law enforcement unit”, “probationary candidate” and “school”; P.A. 82-357 changed “in-service training” to “review training”, and redefined “police officer” to clearly distinguish between “part-time” and all other officers; P.A. 87-560 redefined “certification” to include the issuance of a signed instrument evidencing satisfaction of certification requirements to a police training school or a law enforcement instructor, “police officer” to delete reference to performance of police duties “twenty or more hours per week” and “probationary candidate” to delete reference to having commenced “full-time” employment, and deleted the definition of “part-time”; P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council; P.A. 05-288 made technical changes, effective July 13, 2005; P.A. 12-204 inserted Subdiv. designators (1) to (11) and made technical changes, effective July 1, 2012; P.A. 13-170 amended Subdiv. (8) by redefining “law enforcement unit” to include an agency, organ or department of the Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of Connecticut if created and governed by a memorandum of agreement under Sec. 47-65c, effective June 25, 2013; July Sp. Sess. P.A. 20-1 amended introductory language to add reference to Sec. 7-291e, redefined “law enforcement unit” in Subdiv. (8) and redefined “police officer” in Subdiv. (9), effective July 31, 2020.
Cited. 13 CA 124.
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Sec. 7-294b. Members of council. Holding of other office. (a) There shall be a Police Officer Standards and Training Council which shall be within the Department of Emergency Services and Public Protection. Until December 31, 2020, the council 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; (6) a sworn municipal police officer whose rank is sergeant or lower; and (7) five public members.
(b) On and after January 1, 2021, the council shall consist of the following members:
(1) The chief elected official or chief executive officer of a town or city within the state with a population in excess of fifty thousand, appointed by the Governor;
(2) The chief elected official or chief executive officer of a town or city within the state with a population of fifty thousand or less, appointed by the Governor;
(3) A member of the faculty of an institution of higher education in the state who has a background in criminal justice studies, appointed by the Governor;
(4) A member of the Connecticut Police Chiefs Association who is holding office or employed as the chief of police, the deputy chief of police or a senior ranking professional police officer of an organized police department of a municipality within the state with a population in excess of one hundred thousand, appointed by the Governor;
(5) A member of the Connecticut Police Chiefs Association who is 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 with a population in excess of sixty thousand but not exceeding one hundred thousand, appointed by the Governor;
(6) A member of the Connecticut Police Chiefs Association who is 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 with a population in excess of thirty-five thousand but not exceeding sixty thousand, appointed by the Governor;
(7) A sworn municipal police officer from a municipality within the state with a population exceeding fifty thousand, appointed by the Governor;
(8) A sworn municipal police officer from a municipality within the state with a population not exceeding fifty thousand, appointed by the Governor;
(9) The commanding officer of the Connecticut State Police Academy;
(10) A member of the public, who is a person with a physical disability or an advocate on behalf of persons with physical disabilities, appointed by the Governor;
(11) A victim of crime or the immediate family member of a deceased victim of crime, appointed by the Governor;
(12) A medical professional, appointed by the Governor;
(13) The Chief State's Attorney;
(14) A member of the Connecticut Police Chiefs Association or the person holding office or employed as chief of police or the highest ranking professional police officer of an organized police department within the state, appointed by the speaker of the House of Representatives;
(15) A member of the Connecticut Police Chiefs Association or the person holding office or employed as chief of police or the highest ranking professional police officer of an organized police department within the state, appointed by the president pro tempore of the Senate;
(16) A member of the Connecticut Police Chiefs Association who is 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 with a population not exceeding thirty-five thousand, appointed by the minority leader of the Senate;
(17) A member of the public who is a justice-impacted person, appointed by the majority leader of the House of Representatives;
(18) A member of the public who is a justice-impacted person, appointed by the majority leader of the Senate; and
(19) A member of the public who is a person with a mental disability or an advocate on behalf of persons with mental disabilities, appointed by the minority leader of the House of Representatives.
(c) The Commissioner of Emergency Services and Public Protection 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 member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the council. Any nonpublic member of the council shall immediately, upon the termination of such member's holding the office or employment that qualified such member for appointment, cease to be a member of the council. Any vacancy shall be filled by the appointing authority. A member appointed to fill a vacancy shall be appointed for the unexpired term of the member whom such member 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.
(d) Membership on the council shall not constitute holding a public office. No member of the council shall be disqualified from holding any public office or employment by reason of his appointment to or membership on the council nor shall any member forfeit any such office or employment by reason of his appointment to the council, notwithstanding the provisions of any general statute, special act or local law, ordinance or charter.
(February, 1965, P.A. 575, S. 2, 4; P.A. 77-290; 77-614, S. 487, 610; P.A. 78-303, S. 9, 136; P.A. 79-560, S. 34, 39; P.A. 82-357, S. 2, 8; P.A. 87-477, S. 3; P.A. 89-376, S. 2; P.A. 93-43; P.A. 95-108, S. 3; P.A. 97-5; P.A. 07-17, S. 1; P.A. 11-51, S. 146; 11-61, S. 96; July Sp. Sess. P.A. 20-1, S. 13.)
History: P.A. 77-290 added to provision concerning appointment the phrase calling for service until successors are appointed in Subsec. (a); P.A. 77-614 placed council within the department of public safety for administrative purposes, effective January 1, 1979; P.A. 78-303 substituted commissioner of public safety for commissioner of state police to fulfill requirements of P.A. 77-614, S. 486; P.A. 79-560 added requirement that there be five public members; P.A. 82-357 put the council within the division of state police for administrative purposes only and made provisions for the appointment of a chairperson, vice-chairperson and secretary; P.A. 87-477 added chief state's attorney as member of council; P.A. 89-376 amended Subsec. (a) to permit public safety commissioner and FBI special agent-in-charge to have designees and to be voting ex-officio members of council; P.A. 93-43 added Subsec. (a)(3) extending membership to chief elected official or chief executive officer of a town with a population under 12,000 which does not have an organized police department; P.A. 95-108 amended Subsec. (a) to rename Municipal Police Training Council as Police Officer Standards and Training Council; P.A. 97-5 added new Subsec. (a)(6) extending membership on council to a member of the Connecticut Coalition of Police and Corrections Officers, and renumbered the remaining Subdiv. Accordingly; P.A. 07-17 amended Subsec. (a)(6) to change membership from a member of the Connecticut Coalition of Police and Corrections Officers to a sworn municipal police officer, effective May 7, 2007; P.A. 11-51 amended Subsec. (a) to replace language placing council within Department of Public Safety for administrative purposes with language placing council within Department of Emergency Services and Public Protection and to make technical changes, effective July 1, 2011; P.A. 11-61 amended Subsec. (a) by deleting reference to Division of State Police, effective July 1, 2011; July Sp. Sess. P.A. 20-1 amended Subsec. (a) by specifying that existing council membership shall remain in place until December 31, 2020 and deleting provisions re voting ex-officio members, nonpublic members, vacancy and chairperson, vice-chairperson and secretary appointments and council members' entitlement to expenses involved in performance of duties, added new Subsec. (b) re council membership on and after January 1, 2021, added Subsec. (c) re voting ex-officio members, attendance at meetings and vacancy and chairperson, vice-chairperson and secretary appointments and redesignated existing Subsec. (b) as Subsec. (d), effective July 31, 2020.
Cited. 13 CA 124.
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Sec. 7-294c. Submission of annual report by council to Governor and General Assembly. Not later than January 1, 2021, and annually thereafter, the council shall submit an annual report, in accordance with the provisions of section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety which shall include pertinent data regarding (1) the comprehensive municipal police training plan, (2) the recruitment, retention and promotion of minority police officers, and (3) an accounting of all grants, contributions, gifts, donations or other financial assistance.
(February, 1965, P.A. 575, S. 3; P.A. 82-357, S. 5, 8; July Sp. Sess. P.A. 20-1, S. 11.)
History: P.A. 82-357 broadened the scope of the annual report to include accounting of grants, contributions and other financial assistance; July Sp. Sess. P.A. 20-1 added requirement that annual report be submitted not later than January 1, 2021, and annually thereafter, added provisions that report be submitted in accordance with Sec. 11-4a and to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety, added provision that annual report shall include data on the recruitment, retention and promotion of minority police officers and made technical changes, effective July 31, 2020.
Cited. 13 CA 124.
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Sec. 7-294d. Powers of council. Certification of police officers, police training schools and law enforcement instructors. Refusal to renew, suspension, cancellation or revocation of certification. Hearing. Automatic certification. Exemptions. Written guidance to law enforcement units. (a) The Police Officer Standards and Training Council shall have the following powers:
(1) To develop and periodically update and revise comprehensive state and municipal police training plans;
(2) To approve, or revoke the approval of, any state or municipal 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 state and municipal police training schools;
(4) To set the minimum qualifications for law enforcement instructors and to issue appropriate certification to such instructors in the field of expertise that such instructors will be teaching;
(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 such basic 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 certification, unless the officer is granted additional time not to exceed one year to complete such training by the council;
(9) To develop an interactive electronic computer platform capable of administering training courses and to authorize police officers to complete certified review training at a local police department facility by means of such platform;
(10) To renew the certification of those police officers who have satisfactorily completed review training programs and submitted to a urinalysis drug test that screens for controlled substances, including, but not limited to, anabolic steroids, the result of which indicated no presence of any controlled substance not prescribed for the officer;
(11) To establish, in consultation with the Commissioner of Emergency Services and Public Protection, 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;
(12) To develop, in consultation with the Commissioner of Emergency Services and Public Protection, a schedule to visit and inspect police basic training schools and to inspect each school at least once each year;
(13) 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;
(14) To work with the Commissioner of Emergency Services and Public Protection and with departments and agencies of this state and other states and the federal government concerned with police training;
(15) To make recommendations to the Commissioner of Emergency Services and Public Protection concerning a training academy administrator, who shall be appointed by the commissioner, and concerning the hiring of staff, within available appropriations, that may be necessary in the performance of its functions;
(16) 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;
(17) To accept, with the approval of the Commissioner of Emergency Services and Public Protection, contributions, grants, gifts, donations, services or other financial assistance from any governmental unit, public agency or the private sector;
(18) 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;
(19) At the request and expense of any law enforcement unit, to conduct general or specific management surveys;
(20) To develop objective and uniform criteria for recommending any waiver of regulations or granting a waiver of procedures established by the council;
(21) To recruit, select and appoint candidates to the position of municipal probationary candidate and provide recruit training for candidates of the Connecticut Police Corps program in accordance with the Police Corps Act, 42 USC 14091 et seq., as amended from time to time;
(22) (A) To develop, adopt and revise, as necessary, comprehensive accreditation standards, and designation of such standards as state-accreditation tiers one, two and three, for the administration and management of law enforcement units, to grant accreditation to those law enforcement units that demonstrate their compliance with such standards and, at the request and expense of any law enforcement unit, to conduct such surveys as may be necessary to determine such unit's compliance with such standards; and (B) on and after January 1, 2023 to work with any law enforcement unit that has failed to obtain or maintain its certification of compliance with the appropriate tier or tiers or a higher level of accreditation standards developed by the council or the Commission on Accreditation for Law Enforcement Agencies, Inc., pursuant to section 7-294ee;
(23) To recommend to the commissioner the appointment of any council training instructor, or such other person as determined by the council, to act as a special police officer throughout the state as such instructor or other person's official duties may require, provided any such instructor or other person so appointed shall be a certified police officer. Each such special police officer shall be sworn and may arrest and present before a competent authority any person for any offense committed within the officer's precinct; and
(24) To develop and implement written policies, on or before January 1, 2021, in consultation with the Commissioner of Emergency Services and Public Protection concerning the requirements that all police officers undergo periodic behavioral health assessments as set forth in section 7-291e. Such written policies shall, at a minimum, address (A) the confidentiality of such assessments, including, but not limited to, compliance with all provisions of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, (B) the good faith reasons that the administrative head of a law enforcement unit, as defined in section 7-291e, may rely upon when requesting that a police officer undergo an additional assessment, (C) the availability of behavioral health treatment services that will be afforded to any police officer required to undergo a behavioral health assessment pursuant to section 7-291e, (D) the ability of a police officer to review and contest the results of any such assessment, (E) permissible personnel actions, if any, that may be taken by a law enforcement unit based on the results of such assessments while taking into consideration the due process rights of a police officer, (F) the process for selecting psychiatrists and psychologists to conduct such assessments, and (G) financial considerations that may be incurred by law enforcement units or police officers that are attributable to conducting such assessments.
(b) No person may be employed as a police officer by any law enforcement unit for a period exceeding one year unless such person 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 such person's 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, provided such recertification process requires the police officer to submit to a urinalysis drug test that screens for controlled substances, including, but not limited to, anabolic steroids, and receive a result indicating no presence of any controlled substance not prescribed for the officer. The council shall certify any applicant who presents evidence of satisfactory completion of a program or course of instruction in another state or, if the applicant is a veteran or a member of the armed forces or the National Guard, as part of training during service in the armed forces, that is equivalent in content and quality to that required in this state, provided such applicant passes an examination or evaluation as required by the council. For the purposes of this section, “veteran” and “armed forces” have the same meanings as provided in section 27-103.
(c) (1) The council may refuse to renew any certificate if the holder fails to meet the requirements for renewal of his or her 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 section 21a-279, (G) the holder has been refused issuance of a certificate or similar authorization or has had his or her certificate or other authorization cancelled or revoked by another jurisdiction on grounds which would authorize cancellation or revocation under the provisions of this subdivision, (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, (I) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit and considering guidance developed under subsection (g) of this section, to have engaged in conduct that undermines public confidence in law enforcement, including, but not limited to, discriminatory conduct, falsification of reports, issuances of orders that are not lawful orders, failure to report or timely report a death in violation of section 7-294mm or a violation of the Alvin W. Penn Racial Profiling Prohibition Act pursuant to sections 54-1l and 54-1m, provided, when evaluating any such conduct, the council considers such conduct engaged in while the holder is acting in such holder's law enforcement capacity or representing himself or herself to be a police officer to be more serious than such conduct engaged in by a holder not acting in such holder's law enforcement capacity or representing himself or herself to be a police officer, (J) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have used physical force on another person in a manner that is excessive or used physical force in a manner found to not be justifiable after an investigation conducted pursuant to section 51-277a, or (K) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have committed any act that would constitute tampering with or fabricating physical evidence in violation of section 53a-155, perjury in violation of section 53a-156 or false statement in violation of section 53a-157b. Whenever the council believes there is a reasonable basis for suspension, cancellation or revocation of the certification of a police officer, police training school or law enforcement instructor, it shall give notice and an adequate opportunity for a hearing prior to such suspension, cancellation or revocation. Such hearing shall be conducted in accordance with the provisions of chapter 54. Any holder aggrieved by the decision of the council may appeal from such decision in accordance with the provisions of section 4-183. The council may cancel or revoke any certificate if, after a de novo review, it finds by clear and convincing evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of this subdivision, or (ii) that the holder of the certificate committed an act set forth in subparagraph (H), (I), (J) or (K) of this subdivision. In any such case where the council finds such evidence, but determines that the severity of an act committed by the holder of the certificate does not warrant cancellation or revocation of such holder's certificate, the council may suspend such holder's certification for a period of up to forty-five days and may censure such holder of the certificate. 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. For purposes of this subdivision, a lawful order is an order issued by a police officer who is in uniform or has identified himself or herself as a police officer to the person such order is issued to at the time such order is issued, and which order is reasonably related to the fulfillment of the duties of the police officer who is issuing such order, does not violate any provision of state or federal law and is only issued for the purposes of (I) preventing, detecting, investigating or stopping a crime, (II) protecting a person or property from harm, (III) apprehending a person suspected of a crime, (IV) enforcing a law, (V) regulating traffic, or (VI) assisting in emergency relief, including the administration of first aid.
(d) Notwithstanding the provisions of subsection (b) of this section, (1) any police officer, except a probationary candidate, who is serving under full-time appointment on July 1, 1982, and (2) any sworn member of the Division of State Police within the Department of Emergency Services and Public Protection, except a probationary candidate, who is serving under full-time appointment on July 31, 2020, 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 such person's 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) 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, (2) employees of the Judicial Department, (3) municipal animal control officers appointed pursuant to section 22-331, or (4) 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. Notwithstanding the provisions of subsection (b) of this section, any police officer certified in accordance with subsection (a) of this section may accept employment with another police department within this state without repeating minimum basic training.
(g) The council may develop and issue written guidance to law enforcement units concerning grounds for suspension, cancellation or revocation of certification. Such written guidance may include, but not be limited to, (1) reporting procedures to be followed by chief law enforcement officers for certificate suspension, cancellation or revocation, (2) examples of conduct that undermines public confidence in law enforcement, (3) examples of discriminatory conduct, and (4) examples of misconduct while the certificate holder may not be acting in such holder's law enforcement capacity or representing himself or herself to be a police officer, but may be serious enough for suspension, cancellation or revocation of the holder's certificate. Such written guidance shall be available on the council's Internet web site.
(h) (1) The chief law enforcement officer of each law enforcement unit shall report to the council any violation where a certificate holder has been found by the law enforcement unit, pursuant to procedures established by such unit, to have: (A) Used unreasonable, excessive or illegal force that causes serious physical injury to or the death of another person, or used unreasonable, excessive or illegal force that was likely to cause serious physical injury or death to another person; (B) while acting in a law enforcement capacity, failed to intervene or stop the use of unreasonable, excessive or illegal force by another police officer that caused serious physical injury or death to another person, or unreasonable, excessive or illegal force that was likely to cause serious physical injury or death to another person, or to notify a supervisor and submit a written report of such acts where the holder has personal knowledge of such acts and had the ability to prevent such acts; (C) intentionally intimidated or harassed another person based upon actual or perceived protected class membership, identity or expression and in doing so threatened to commit or caused physical injury to another person; and (D) been terminated, dismissed, resigned or retired under circumstances described in section 7-291c.
(2) If the chief law enforcement officer of any municipal police department or the Department of Emergency Services and Public Protection fails to report to the council as required in subdivision (1) of this subsection, the council shall notify the Inspector General who shall investigate such failure to report. The Inspector General shall report the findings of the investigation to the Governor and joint standing committee of the General Assembly having cognizance of matters relating to the judiciary in accordance with the provisions of section 11-4a.
(February, 1965, P.A. 575, S. 5; 1967, P.A. 669; P.A. 77-289; P.A. 81-426, S. 3; P.A. 82-357, S. 3, 8; P.A. 87-99; 87-560, S. 2; P.A. 91-186; P.A. 92-128, S. 1, 2; P.A. 93-271, S. 1, 3; 93-435, S. 1, 95; P.A. 94-44, S. 1, 2; May Sp. Sess. P.A. 94-6, S. 10, 28; P.A. 95-108, S. 4; P.A. 00-51, S. 1, 2; P.A. 01-195, S. 13, 181; June 30 Sp. Sess. P.A. 03-6, S. 169; P.A. 05-200, S. 1; P.A. 07-151, S. 2; 07-217, S. 22; Sept. Sp. Sess. P.A. 09-7, S. 32; P.A. 11-51, S. 147; 11-61, S. 154; 11-233, S. 2; 11-251, S. 1; P.A. 12-80, S. 189; P.A. 13-144, S. 3; 13-190, S. 1; P.A. 14-131, S. 1; June Sp. Sess. P.A. 15-2, S. 2; July Sp. Sess. P.A. 20-1, S. 3; P.A. 21-33, S. 11; 21-79, S. 5; P.A. 22-61, S. 4; 22-114, S. 4; 22-119, S. 2.)
History: 1967 act inserted new Subdiv. (k) re personnel and relettered former Subdiv. (k) as Subdiv. (l); P.A. 77-289 added Subdiv. (m) re acceptance of contributions etc.; P.A. 81-426 expanded the authority of the council to all police training programs, except the state police, and enlarged the scope of its powers to include requiring a minimum of 480 hours of basic training for all probationary candidates and setting requirements of in-service training programs and certification; P.A. 82-357 broadened the powers of the council and added provisions dealing with certification of police officers, cancellation or revocation of certificates, automatic certification and part-time police officers; P.A. 87-99 amended Subsec. (f), exempting certain Connecticut national guard security personnel from training requirements; P.A. 87-560 amended Subsec. (a) to delete requirement in Subdiv. (7) re any police officer hired on a part-time basis, renumbering all remaining subdivisions, to require issuance of “certification” in lieu of “certificates of approval” or “certificates”, to clarify that each police officer complete 40 hours of review training every three years “in order to maintain his certification”, to require the renewal of certification for those officers who have satisfactorily completed review training and to require the establishment of “uniform” minimum educational and training standards for all police officers, amended Subsec. (c) to authorize council to refuse to renew any certificate if holder thereof fails to meet requirements for certification renewal to require council to give adequate opportunity for a hearing whenever it believes there is reasonable basis for cancellation or revocation of a police training school or law enforcement instructor certification to permit a law enforcement instructor to reapply for certification two years after date cancellation or revocation order becomes final and to permit a police training school to reapply for certification at any time after date on which order becomes final, and amended Subsec. (e) to specifically provide that section applies to any person who performs police functions, deleting reference to “twenty or more hours per week”; P.A. 91-186 amended Subsec. (f) to exempt any chief inspector or inspector in division of criminal justice who has completed division training program from requirements re renewal of certification; P.A. 92-128 amended Subsec. (c) to authorize council to cancel or revoke any certificate if holder falsified any document in order to obtain or renew any certificate, has been found not guilty of a felony due to mental disease or defect, has been convicted of a violation of Sec. 21a-279(c) or 29-9, has been refused issuance of a certificate or has had certificate revoked by another jurisdiction or has been found to have used a firearm in an improper manner which resulted in death or serious physical injury of another person; P.A. 93-271 amended Subsec. (a)(5) to delete requirement that probationary candidates receive a minimum of 480 hours of basic training and substitute requirement that such candidates receive the hours of basic training deemed necessary and to eliminate obsolete provision in Subsec. (a)(8) relating to police officers who have completed basic training on or before July 1, 1982, effective June 29, 1993; P.A. 93-435 made a technical change in Subsec. (c)(2), effective June 28, 1993; P.A. 94-44 amended Subsec. (a)(8) to authorize council to grant additional time not to exceed one year to a police officer to complete his certified review training, effective May 24, 1994; May Sp. Sess. P.A. 94-6 amended Subsec. (f) to add the exception for employees of the judicial department, effective July 1, 1994; P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council, amended Subsec. (e) to add definition of “performs police functions” and amended Subsec. (f) to explicitly exempt from the section's training requirements sworn members of the state police, trained sheriffs or deputy sheriffs, municipal animal control officers and fire police; P.A. 00-51 amended Subsec. (a) to add management of Connecticut Police Corps program to powers of council and made technical changes for the purposes of gender neutrality, effective May 16, 2000; P.A. 01-195 deleted Subsec. (f)(5) re sheriffs or deputy sheriffs, renumbering existing Subdivs. (6) and (7) as Subdivs. (5) and (6), effective July 11, 2001; June 30 Sp. Sess. P.A. 03-6 added Subsec. (a)(21) and (22) re comprehensive accreditation standards for law enforcement units and appointment of special police officers; P.A. 05-200 amended Subsec. (c)(2) to add Subpara. (I) re commission of acts that would constitute tampering with or fabricating physical evidence, perjury or false statement as grounds for cancellation or revocation of a certificate, require the council to give “notice” prior to such cancellation or revocation and add provision authorizing the council to cancel or revoke a certificate if, after a de novo review, it finds by clear and convincing evidence a basis set forth in Subparas. (A) to (G), inclusive, or that the holder committed an act set forth in Subpara. (H) or (I), and made technical changes for purposes of gender neutrality in Subsec. (c); P.A. 07-151 amended Subsec. (a)(14) to specify that council may employ an unclassified executive secretary, effective June 19, 2007; P.A. 07-217 made a technical change in Subsec. (d), effective July 12, 2007; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a) to delete council's power to employ unclassified executive secretary and add “within available appropriations” in Subdiv. (14) and to make a technical change, effective October 5, 2009; P.A. 11-51 amended Subsec. (a) by requiring schedule to be developed in consultation with Commissioner of Emergency Services and Public Protection in Subdiv. (11), replacing “consult with and cooperate” with “work with the Commissioner of Emergency Services and Public Protection” in Subdiv. (13), deleting authority to employ personnel and adding language authorizing council to make recommendations to commissioner re staff in Subdiv. (14), adding provision re approval of commissioner in Subdiv. (16), replacing “granting” with “recommending” and adding language authorizing council to grant waiver of procedures in Subdiv. (19) and deleting former Subdiv. (22) re appointment of council training instructor, amended Subsec. (f) by replacing “Department of Public Safety” with “Department of Emergency Services and Public Protection”, and made technical changes throughout, effective July 1, 2011; P.A. 11-61 amended Subsec. (a) by adding new Subdiv. (22) re appointment of council training instructor, effective July 1, 2011; P.A. 11-233 amended Subsec. (a)(14) by adding provision re recommendations concerning a training academy administrator appointed by commissioner, effective July 1, 2011; P.A. 11-251 amended Subsec. (f) to allow certified police officers to accept employment with another police department within this state without repeating minimum basic training; P.A. 12-80 amended Subsec. (c)(2)(F) to delete reference to Sec. 29-9; P.A. 13-144 amended Subsec. (c)(2)(I) to delete “in the second degree” re false statement under Sec. 53a-157b; P.A. 13-190 amended Subsec. (a) by adding new Subdiv. (9) re interactive electronic computer platform and redesignating existing Subdivs. (9) to (22) as Subdivs. (10) to (23); P.A. 14-131 amended Subsec. (b) to require council to certify applicants who are veterans or members of the armed forces or National Guard and who present evidence re service training, and to define “veteran” and “armed forces”; June Sp. Sess. P.A. 15-2 amended Subsec. (c)(2)(F) to replace reference to Sec. 21a-279(c) with reference to Sec. 21a-279; July Sp. Sess. P.A. 20-1 amended Subsec. (a) by adding “state and” in Subdiv. (1), adding references to state and municipal in Subdivs. (2) and (3), adding reference to field of expertise in Subdiv. (4), adding provision re urinalysis drug test in Subdiv. (10), adding reference to Commissioner of Emergency Services and Public Protection in Subdiv. (11), adding “municipal” and deleting “, as defined in Sec. 7-294a,” in Subdiv. (21), designating existing provisions as Subpara. (A) in Subdiv. (22) and amending same to add “Until December 31, 2024, to” and add Subpara. (B) re unit that has failed to obtain or maintain accreditation, and adding Subdiv. (24) re periodic behavioral health assessments, amended Subsec. (b) by adding provision re urinalysis drug test, amended Subsec. (c) by adding new Subpara. (I) re conduct undermining public confidence in law enforcement, adding Subpara. (J) re use of physical force, redesignating existing Subpara. (I) as Subpara. (K) and adding provisions re hearing and appeal and 45-day suspension and censure in Subdiv. (2), amended Subsec. (d) by designating provision re police officer serving under full-time appointment on July 1, 1982, as Subdiv. (1) and adding Subdiv. (2) re sworn member of the Division of State Police, amended Subsec. (f) by deleting former Subdivs. (1) and (2) re state police training schools or programs and sworn members of the Division of State Police and redesignating existing Subdivs. (3) to (6) as Subdivs. (1) to (4), added Subsec. (g) re written guidance to law enforcement units and made technical and conforming changes throughout, effective July 31, 2020; P.A. 21-33 amended Subsec. (c) by adding language re issuances of orders that are not lawful in Subdiv. (2)(I) and language describing what constitutes a lawful order in Subdiv. (2)(K)(ii); P.A. 21-79 amended Subsec. (b) to redefine “veteran” and make technical changes; P.A. 22-61 amended Subsec. (c)(2)(I) to add language re failure to report a death and make a technical change; P.A. 22-114 added Subsec. (h) re reporting by chief law enforcement officer of certificate holders who fail to follow certain procedures; P.A. 22-119 amended Subsec. (a)(22) by deleting “Until December 31, 2024, to”, substituting “January 1, 2023” for “January 1, 2025” and inserting provisions re state-accreditation tiers, effective May 27, 2022.
Cited. 13 CA 124.
Subsec. (a):
Former Subdiv. (10) does not establish explicit, well-established and dominant public policy that, irrespective of or in limitation of collective bargaining agreement, a town has control over termination for fitness for duty of a police officer. 255 C. 800.
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Sec. 7-294e. Recertification of police officers. Regulations. (a) Notwithstanding the provisions of any general statute or special act or local law, ordinance or charter to the contrary, each police officer shall forfeit such officer's appointment and position unless recertified by the council according to procedures and within the time frame established by the council. Any sworn member of the Division of State Police within the Department of Emergency Services and Public Protection who is deemed certified under subsection (d) of section 7-294d is required to apply for recertification by the council within the time frame established by the council, unless such member retires from said division within such time frame.
(b) The Police Officer Standards and Training Council may recommend to the Commissioner of Emergency Services and Public Protection any regulations it deems necessary to carry out the provisions of section 7-294a, subsection (a) of section 7-294b, sections 7-294c and 7-294d and this section, giving due consideration to the varying factors and special requirements of law enforcement units.
(c) The Commissioner of Emergency Services and Public Protection may adopt regulations, in accordance with the provisions of chapter 54, as are necessary to implement the provisions of section 7-294a, subsection (a) of section 7-294b, sections 7-294c and 7-294d and this section. Such regulations shall be binding upon all law enforcement units.
(February, 1965, P.A. 575, S. 6; P.A. 81-426, S. 4; P.A. 82-357, S. 4, 8; P.A. 91-73, S. 2, 4; P.A. 95-108, S. 5; P.A. 11-51, S. 148; July Sp. Sess. P.A. 20-1, S. 4.)
History: P.A. 81-426 provided that after October 1, 1981, every person who is appointed a police officer, except a state police officer, must complete a basic training program and be awarded a certificate by the council or lose his position; P.A. 82-357 provided for recertification procedures effective July 1, 1982 and deleted obsolete provision which had allowed fifteen-year grace period for police officers serving without certification on October 1, 1966; P.A. 91-73 deleted obsolete provisions in Subsec. (a); P.A. 95-108 amended Subsec. (b) to rename Municipal Police Training Council as Police Officer Standards and Training Council; P.A. 11-51 amended Subsec. (b) to remove council's authority to adopt regulations and to authorize council to recommend regulations to Commissioner of Emergency Services and Public Protection, added Subsec. (c) authorizing Commissioner of Emergency Services and Public Protection to adopt regulations and made technical and conforming changes, effective July 1, 2011; July Sp. Sess. P.A. 20-1 amended Subsec. (a) to add provision re recertification of sworn member deemed certified under Sec. 7-294d(d) and amended Subsec. (c) to delete exception for the Division of State Police, effective July 31, 2020.
See Sec. 29-26 re training at State Police Training School.
Cited. 13 CA 124.
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Sec. 7-294f. State and local police training programs to include course on sexual assault investigation and rape crisis intervention. Each police basic training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council established under section 7-294b or a municipal police department in the state shall include a course on sexual assault investigation and rape crisis intervention and each review training program conducted by such agencies shall make provision for such a course.
(P.A. 82-60; P.A. 95-108, S. 6; P.A. 10-112, S. 2; P.A. 11-51, S. 134.)
History: P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council; P.A. 10-112 required that course also be on sexual assault investigation; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection”, effective July 1, 2011.
Cited. 13 CA 124.
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Sec. 7-294g. State and local police training programs to provide training re domestic violence, child abuse, and suicide intervention procedures. (a) Each police basic or review training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, by the Police Officer Standards and Training Council established under section 7-294b 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) factors for determining a dominant aggressor in a family violence case; (3) techniques for handling incidents of domestic violence which promote the safety of the victim and the officer and which reduce the likelihood of recurrence; (4) organizations in the state that offer aid or shelter to victims of domestic violence; (5) applicable procedures in the prosecution of cases involving domestic violence; (6) orders issued by a court pursuant to chapter 815a. The Division of State Police, the Police Officer Standards and Training Council or municipal police departments, in consultation with the Division of Criminal Justice and an entity representing the state-wide domestic violence coalition, shall develop a program curriculum. A domestic violence agency, as defined in section 52-146k, may also conduct domestic violence training in conjunction with any police training program, pursuant to the guidelines and certification requirements established by the Police Officer Standards and Training Council under section 7-294d.
(b) Each police basic training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, by the Police Officer Standards and Training Council established under section 7-294b 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.
(P.A. 85-581; P.A. 89-172; P.A. 95-108, S. 7; P.A. 11-51, S. 134; P.A. 18-5, S. 3.)
History: P.A. 89-172 added Subsec. (b) to include in each police basic training program a course on the recognition and management of child abuse and suicide prevention procedures; P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council (Revisor's note: The word “by” preceding references to “the Police Officer Standards and Training Council” in Subsecs. (a) and (b) was added editorially by the Revisors for grammatical correctness and conformity with wording of Sec. 7-294h); pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 18-5 amended Subsec. (a) by adding new Subdiv. (2) re factors for determining dominant aggressor in family violence case, redesignated Subdivs. (3) to (5) as Subdivs. (4) to (6), replacing “Connecticut Task Force on Abused Women” with “Division of Criminal Justice and an entity representing the state-wide domestic violence coalition”, deleting provision re submission of curriculum to task force for approval, replacing reference to individual shelter programs in task force with reference to domestic violence agency, and adding reference to guidelines and certification requirements established under Sec. 7-294d, effective January 1, 2019.
Cited. 13 CA 124.
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Sec. 7-294h. State and local police training programs to provide training on the handling of juvenile matters and adults with autism spectrum disorder, cognitive impairment or nonverbal learning disorder. On and after January 1, 2017: (1) Each police basic or field training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection 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; (D) information regarding resources of the juvenile justice system in the state; (E) the use of graduated sanctions; (F) techniques for handling trauma; (G) restorative justice practices; (H) adolescent development; (I) risk-assessment and screening tools; (J) emergency mobile psychiatric services; and (K) on and after January 1, 2020, techniques for handling incidents, such as wandering, that involve juveniles and adults with autism spectrum disorder, cognitive impairment or nonverbal learning disorder, provided the curriculum for such techniques is available at no cost to the division from (i) institutions of higher education, health care professionals or advocacy organizations that are concerned with juveniles and adults with autism spectrum disorder, cognitive impairment or nonverbal learning disorder, or (ii) a collaboration of such institutions, professionals or organizations; (2) each police basic or field training program conducted or administered by the Police Officer Standards and Training Council established under section 7-294b 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 Emergency Services and Public Protection, by the Police Officer Standards and Training Council established under section 7-294b 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.
(P.A. 89-273, S. 12; P.A. 95-108, S. 8; P.A. 11-51, S. 134; P.A. 16-147, S. 10; P.A. 17-166, S. 1; P.A. 19-147, S. 1.)
History: P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 16-147 replaced “July 1, 1990” with “January 1, 2017”, amended Subdiv. (1) to add reference to field training and to add Subparas. (E) to (J) re additional training relative to juvenile matters, and amended Subdiv. (2) to add reference to field training, effective January 1, 2017; P.A. 17-166 amended Subdiv. (1) by adding Subpara. (K) re techniques for handling incidents involving juveniles with autism spectrum disorder or nonverbal learning disorder; P.A. 19-147 amended Subdiv. (1)(K) by replacing “January 1, 2018” with “January 1, 2020” and adding references to adults and cognitive impairment, effective January 1, 2020.
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Sec. 7-294i. Transferred to Sec. 7-294y.
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Sec. 7-294j. Transferred to Sec. 7-294m.
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Sec. 7-294k. Transferred to Sec. 7-294z.
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Sec. 7-294l. State and local police training programs to provide training on gang-related violence. Each police basic or review training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council established under section 7-294b or a municipal police department in the state shall include training on gang-related violence.
(P.A. 93-416, S. 4, 10; P.A. 95-108, S. 9; P.A. 11-51, S. 134.)
History: P.A. 93-416 effective June 29, 1993; P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection”, effective July 1, 2011.
See Sec. 29-7n(a) re definition of “gang”.
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Sec. 7-294m. (Formerly Sec. 7-294j). Instruction re new legal developments for municipal chief law enforcement officers. (1) The Police Officer Standards and Training Council established under section 7-294b, 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 Emergency Services and Public Protection, 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 such officer to serve in such capacity in such officer's 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. Such training program shall be named “The John M. Bailey Seminar on New Legal Developments Impacting Police Policies and Practices”.
(P.A. 90-120, S. 2, 3; P.A. 93-63; May 25 Sp. Sess. P.A. 94-1, S. 7, 130; P.A. 95-108, S. 10; P.A. 04-147, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 105.)
History: P.A. 93-63 deleted requirement that instruction be provided for a minimum of four hours in two sessions to police officers who have managerial duties, substituting requirement that instruction be provided to chief law enforcement officer of each municipality and any person designated to serve in such capacity in his absence and authorized credit for such instruction toward certified review training; May 25 Sp. Sess. P.A. 94-1 made technical grammatical change, effective July 1, 1994; Sec. 7-294j transferred to Sec. 7-294m in 1995; P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council; P.A. 04-147 specified that the training program be named “The John M. Bailey Seminar on New Legal Developments Impacting Police Policies and Practices” and made technical changes for purposes of gender neutrality, effective July 1, 2004; June 12 Sp. Sess. P.A. 12-2 replaced reference to Department of Public Safety with reference to Department of Emergency Services and Public Protection, effective June 15, 2012.
See Sec. 29-2a re legal review of state police policies and practices.
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Sec. 7-294n. State and local police training programs to provide training on crimes motivated by bigotry or bias. Each police basic or review training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council established under section 7-294b or a municipal police department in the state shall include training relative to crimes motivated by bigotry or bias.
(P.A. 00-72, S. 6, 12; P.A. 11-51, S. 134.)
History: P.A. 00-72 effective July 1, 2001; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection”, effective July 1, 2011.
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Sec. 7-294o. Development and implementation of policy re missing person reports. Training. (a) Not later than January 1, 2012, the Police Officer Standards and Training Council shall develop and implement a policy concerning the acceptance of missing person reports, including, but not limited to, missing adult person reports, by law enforcement agencies in this state and such agencies' response thereto. Such policy shall include, but not be limited to, (1) guidelines for the acceptance of a missing person report, (2) the types of information that a law enforcement agency should seek to ascertain and record concerning the missing person or missing adult person that would aid in locating the missing person or missing adult person, (3) the circumstances that indicate that a missing person or missing adult person is a high risk missing person, (4) the types of information that a law enforcement agency should provide to the person making the missing person report, to a family member or to any other person in a position to assist the law enforcement agency in its efforts to locate the missing person or missing adult person, and (5) the responsibilities of a law enforcement agency in responding to a missing person report and the manner of such response, including preferred methods of response that are sensitive to the emotions of the person making such report.
(b) Each police basic or review training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council or a municipal police department shall include training in the policy developed pursuant to subsection (a) of this section and training in the use of the National Missing and Unidentified Persons System created by the Office of Justice Program's National Institute of Justice.
(P.A. 07-151, S. 1; P.A. 11-51, S. 134; 11-102, S. 3; P.A. 12-204, S. 2.)
History: P.A. 07-151 effective July 1, 2007; pursuant to P.A. 11-51, “Division of State Police within the Department of Public Safety” was changed editorially by the Revisors to “Division of State Police within the Department of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011; P.A. 11-102 designated existing provisions as Subsec. (a) and amended same by inserting references to “missing adult person”, adding provision re methods of response that are sensitive to emotions of reporting person and making technical changes, and added Subsec. (b) to require police basic or review training programs to include training in the policy developed re missing person reports and in the use of the National Missing and Unidentified Persons System; P.A. 12-204 amended Subsec. (a) to make a technical change, effective July 1, 2012.
See Sec. 29-1i re definitions.
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Sec. 7-294p. Connecticut Police Academy. Maintenance and operation. Municipal police officer training and education extension account. (a) The Department of Emergency Services and Public Protection shall, in consultation with the Police Officer Standards and Training Council, maintain and operate the Connecticut Police Academy to offer training for municipal police officers. The department, in consultation with the Police Officer Standards and Training Council, shall fix tuition and fees for training, education programs and sessions and for such other purposes as the Commissioner of Emergency Services and Public Protection deems necessary for the operation and support of the academy. Such fees shall be used solely for training and educational purposes.
(b) The department may establish and maintain a municipal police officer training and education extension account, which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The account shall be used for the operation of such training and education programs and sessions as the Department of Emergency Services and Public Protection, in consultation with the Police Officer Standards and Training Council, may establish. All proceeds derived from the operation of the training and education programs and sessions shall be deposited in the General Fund and shall be credited to and become a part of the resources of the account. All direct expenses incurred in the conduct of the training and education programs and sessions shall be charged and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against the account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in the account to be used for training and education programs and sessions.
(Sept. Sp. Sess. P.A. 09-7, S. 40; P.A. 11-51, S. 149; 11-61, S. 97.)
History: Sept. Sp. Sess. P.A. 09-7 effective October 5, 2009; P.A. 11-51 replaced former provisions re recovering costs of providing training at Connecticut Police Academy from municipalities with Subsecs. (a) and (b) re maintenance and operation of Connecticut Police Academy, effective July 1, 2011; P.A. 11-61 added “in consultation with the Police Officer Standards and Training Council” re department's duties and deleted provision re approval of Office of Policy and Management, effective July 1, 2011.
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Sec. 7-294q. State and local police training programs to provide training on eyewitness identification procedures. Each police basic or review training program conducted or administered by the Police Officer Standards and Training Council, the Division of State Police within the Department of Emergency Services and Public Protection or a municipal police department shall provide training to police officers in the administration of eyewitness identification procedures in accordance with the policies and guidelines developed and promulgated by the Police Officer Standards and Training Council and the Division of State Police within the Department of Emergency Services and Public Protection pursuant to subsection (b) of section 54-1p.
(P.A. 12-111, S. 2.)
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Sec. 7-294r. (Note: This section is repealed, effective October 1, 2023.) State and local police training programs to provide training on handling incidents involving individuals affected with serious mental illness. On and after October 1, 2014, (1) each police basic training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council, established under section 7-294b, or a municipal police department in the state shall include a course on handling incidents involving an individual affected with a serious mental illness, and (2) each review training program conducted by such agencies shall make provisions for such a course.
(P.A. 14-217, S. 46; P.A. 22-64, S. 7.)
History: P.A. 22-64 repealed section, effective October 1, 2023.
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Sec. 7-294s. State and local police training programs to provide training in the use of physical force and body-worn recording equipment and cultural competency and sensitivity training. Each police basic or review training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council established under section 7-294b or a municipal police department in the state shall include tactical training for police officers regarding the use of physical force, training in the use of body-worn recording equipment and the retention of data created by such equipment, and cultural competency and sensitivity and bias-free policing training, including, but not limited to, implicit bias training. As used in this section, “implicit bias training” means training on how to recognize and mitigate unconscious biases against a particular segment of the population that might influence a police officer's judgments and decisions when interacting with a member of such segment of the population.
(June Sp. Sess. P.A. 15-4, S. 1; July Sp. Sess. P.A. 20-1, S. 7.)
History: July Sp. Sess. P.A. 20-1 added a reference to and definition of implicit bias training, effective July 31, 2020.
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Sec. 7-294t. Eyewitness Identification and Emerging Technologies Task Force. (a) There is established an Eyewitness Identification and Emerging Technologies Task Force to assist the Police Officer Standards and Training Council and the Division of State Police within the Department of Emergency Services and Public Protection in the development of policies and guidelines for law enforcement agencies concerning (1) eyewitness identification procedures, (2) the use of other emerging technologies to promote effective law enforcement and preventive measures to preclude the use of such technologies for criminal purposes, and (3) such other topics related to eyewitness identification and emerging technologies as the task force deems appropriate.
(b) The task force shall consist of the following members or their designees: The chairpersons and ranking members of the joint standing committee of the General Assembly on the judiciary; the Chief State's Attorney; the Chief Public Defender; the Victim Advocate; an active or retired judge appointed by the Chief Justice of the Supreme Court; a municipal police chief appointed by the president of the Connecticut Police Chiefs Association; the director of the Division of Scientific Services within the Department of Emergency Services and Public Protection; a representative of the Police Officer Standards and Training Council; a representative of the State Police Training School appointed by the Commissioner of Emergency Services and Public Protection; a representative of the criminal defense bar appointed by the president of the Connecticut Criminal Defense Lawyers Association; a representative from the Connecticut Innocence Project; and six public members, including the dean of a law school located in this state and a social scientist, appointed one each by the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, and the minority leader of the House of Representatives.
(c) The task force may solicit and accept gifts, donations, grants or funds from any public or private source to assist the task force in carrying out its duties.
(d) The task force shall report its findings and recommendations to the joint standing committee of the General Assembly on the judiciary in accordance with section 11-4a as the task force deems appropriate.
(P.A. 11-252, S. 2; P.A. 12-111, S. 3; P.A. 14-233, S. 11; P.A. 17-87, S. 8.)
History: P.A. 11-252 effective July 13, 2011; P.A. 12-111 amended Subsec. (b) by replacing “Commissioner of Public Safety” with “Commissioner of Emergency Services and Public Protection” and replacing “Innocence Project” with “Connecticut Innocence Project”, and added Subsec. (e) re continuation of task force after submitting report and report on results of monitoring, effective June 8, 2012; P.A. 14-233 amended Subsec. (e) by making technical changes and added Subsec. (f) re continuation of task force until June 30, 2016, effective June 13, 2014; P.A. 17-87 amended Subsec. (a) by adding “and Emerging Technologies” and replacing provisions re issues to be studied with provisions re assisting Police Officer Standards and Training Council and Division of State Police with policies and guidelines for law enforcement agencies, amended Subsec. (b) by adding director of Division of Scientific Services as member, amended Subsec. (d) by replacing “not later than April 1, 2012” with “as the task force deems appropriate” and deleted Subsecs. (e) and (f) re continuation of task force, effective June 27, 2017.
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Sec. 7-294u. State and local police training re use of opioid antagonist. Maintaining supply of and carrying opioid antagonists. (a) As used in this section, (1) “law enforcement unit” and “police officer” have the same meanings as provided in section 7-294a, and (2) “opioid antagonist” has the same meaning as provided in section 17a-714a.
(b) Each law enforcement unit shall (1) require its police officers to receive training in the use of an opioid antagonist, and (2) acquire and maintain a supply of opioid antagonists for use by its police officers when responding to a medical emergency. Any police officer who completes such training shall be permitted to carry and administer an opioid antagonist to an individual whom the officer believes in good faith is experiencing an opioid-related drug overdose.
(P.A. 21-108, S. 1.)
History: P.A. 21-108 effective June 30, 2021.
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Sec. 7-294v. State and local police training programs to provide training on interactions with persons who have mental or physical disabilities and persons who are deaf, hard of hearing or deafblind. (a) Not later than July 1, 2023, the Police Officer Standards and Training Council shall (1) after consultation with persons with mental or physical disabilities and advocates on behalf of such persons, develop a training curriculum for police officers regarding interactions with persons who have mental or physical disabilities, and (2) after consultation with persons who are deaf, hard of hearing or deafblind and advocates on behalf of such persons, develop a training curriculum for police officers regarding interactions with persons who are deaf, hard of hearing or deafblind.
(b) On and after October 1, 2023, each police basic or review training program conducted or administered by the Police Officer Standards and Training Council, the Division of State Police within the Department of Emergency Services and Public Protection or a municipal police department shall include the training curriculum developed pursuant to subsection (a) of this section.
(P.A. 22-64, S. 2.)
History: P.A. 22-64 effective May 23, 2022 (Revisor's note: In Subsec. (a), references to “deaf-blind” were changed editorially by the Revisors to “deafblind” for consistency).
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Sec. 7-294w. State and local police training programs to include traffic incident management. (a) Not later than January 1, 2023, the Police Officer Standards and Training Council, in conjunction with the Department of Transportation, shall develop a training curriculum for police officers concerning traffic incident management. Such curriculum shall be aligned with training developed by the Federal Highway Administration and shall provide for a systematic, planned and coordinated approach to detect, respond and clear traffic incidents in order to restore traffic capacity in a safe and efficient manner.
(b) On and after October 1, 2023, each police basic or review training program conducted or administered by the Police Officer Standards and Training Council, the Division of State Police within the Department of Emergency Services and Public Protection or a municipal police department shall include the training curriculum developed pursuant to subsection (a) of this section. The Division of State Police and each municipal police department shall maintain records indicating when a police officer employed by the Division of State Police or the municipal police department completed such training curriculum.
(P.A. 22-132, S. 1.)
History: P.A. 22-132 effective May 27, 2022.
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Sec. 7-294x. Council to provide training to public school security personnel. The Police Officer Standards and Training Council established under section 7-294b 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.
(P.A. 93-416, S. 5, 10; P.A. 95-108, S. 11.)
History: P.A. 93-416 effective June 29, 1993; P.A. 95-108 renamed Municipal Police Training Council as Police Officer Standards and Training Council.
See Sec. 29-7n(a) re definition of “gang”.
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Sec. 7-294y. (Formerly Sec. 7-294i). State and local police policy on the handling and processing of juvenile matters. Not later than July 1, 1990, the Division of State Police within the Department of Emergency Services and Public Protection and each municipal police department in the state shall establish a written policy or update its current policy with respect to the handling and processing of juvenile matters including, but not limited to, procedures concerning the arrest, referral, diversion and detention of juveniles. The Division of State Police and each municipal police department shall inform its police officers of such policy not later than July 1, 1990.
(P.A. 89-273, S. 13; P.A. 11-51, S. 134.)
History: Sec. 7-294i transferred to Sec. 7-294y in 1995; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection”, effective July 1, 2011.
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Sec. 7-294z. (Formerly Sec. 7-294k). Use of radar devices by state and municipal police officers. (a) On and after July 1, 1992, no hand-held radar device that emits nonionizing radiation may be used in this state by any state or municipal police officer in the course of his employment for the purpose of preventing or detecting any violation of any law relating to motor vehicles.
(b) On and after July 1, 1992, no speed monitoring radar device that emits nonionizing radiation may be used within the confines of a patrol vehicle by any state or municipal police officer in the course of his employment for the purpose of preventing or detecting any violation of any law relating to motor vehicles.
(P.A. 92-141, S. 1, 3.)
History: Sec. 7-294k transferred to Sec. 7-294z in 1995.
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Sec. 7-294aa. Reinstatement of state or municipal police officers upon return from participation in international peacekeeping operations. (a) Any sworn police officer employed by the state or a municipality who takes a leave of absence or resigns from such officer's employment on or after September 11, 2001, to volunteer for participation in international peacekeeping operations, is selected for such participation by a company which the United States Department of State has contracted with to recruit, select, equip and deploy police officers for such peacekeeping operations, and participates in such peacekeeping operations under the supervision of the United Nations, the Organization for Security and Cooperation in Europe or other sponsoring organization, shall be entitled, upon return to the United States, (1) to be restored by such officer's employer to the position of employment held by the officer when the leave commenced, or (2) if the original position of employment is not available, to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment, provided not later than six months after such return such officer notifies such officer's employer of such return and such officer's desire to be restored to such officer's original position of employment or an equivalent position of employment.
(b) The Police Officer Standards and Training Council shall not cancel or revoke the certification of a police officer during the period such officer is participating in international peacekeeping operations outside the United States in accordance with subsection (a) of this section and for a period of six months after such officer returns to the United States, except for a reason specified in subsection (c) of section 7-294d.
(P.A. 04-241, S. 6; P.A. 05-200, S. 2.)
History: P.A. 04-241 effective June 8, 2004; P.A. 05-200 designated existing provisions as Subsec. (a) and amended said Subsec. to limit provisions to an officer who takes a leave of absence or resigns “on or after September 11, 2001”, provide that an officer's entitlement to employment restoration occurs “upon return to the United States” rather than “upon return from such leave” and add requirement that not later than six months after such return such officer notify such officer's employer of such return and such officer's desire to be restored to such officer's original position of employment or an equivalent position of employment and added new Subsec. (b) re time period during which the Police Officer Standards and Training Council is restricted from canceling or revoking the certification of such an officer, effective July 6, 2005.
Section does not apply to retired police officers. 291 C. 84.
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Sec. 7-294bb. State and local police policy concerning complaints from the public alleging misconduct committed by law enforcement personnel. (a) Not later than July 1, 2015, the Police Officer Standards and Training Council shall develop and implement a written policy concerning the acceptance, processing and investigation of a complaint from a member of the public relating to alleged misconduct committed by law enforcement agency personnel.
(b) In developing the written policy, the council shall consider: (1) Whether all sworn officers and civilian employees of a law enforcement agency shall be required to accept a complaint alleging misconduct by the agency's law enforcement personnel, (2) the means or processes to be used for accepting such complaint from a member of the public, including the acceptance of an anonymous complaint or a complaint made by a complainant on behalf of another person, (3) the necessity of requiring a sworn statement from a complainant, (4) protections that may be afforded to a complainant who fears retaliation associated with the filing of such complaint, (5) the use of a standardized form to record such complaint, (6) permissible time frames associated with the filing of such complaint, (7) protocols for the investigation of such a complaint, (8) documentation requirements relating to the receipt of such complaint and its disposition, and (9) the process for informing a known complainant of the disposition of such complaint.
(c) Upon the implementation of such policy by the Police Officer Standards and Training Council, each law enforcement agency shall, in consultation with a representative of a union that represents members of the law enforcement agency, adopt the policy implemented by said council or develop and implement an alternative policy that: (1) Addresses the issues described in subsection (b) of this section, and (2) exceeds the standards of the policy developed by said council. Upon the adoption of the policy developed by the Police Officer Standards and Training Council or the implementation of an alternative policy, each law enforcement agency shall make its policy available to the public and shall ensure that: (A) Copies of the policy are available at the town hall or another municipal building located within the municipality served by the law enforcement agency, other than a municipal building in which the law enforcement agency is located, and (B) the policy is available on the law enforcement agency's Internet web site or the Internet web site of the municipality served by the law enforcement agency.
(d) For purposes of this section, “law enforcement agency” means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department.
(P.A. 14-166, S. 1.)
History: P.A. 14-166 effective July 1, 2014.
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Sec. 7-294cc. Development and promulgation of policy and form re police use of electronic defense weapons. Not later than January 1, 2015, the Police Officer Standards and Training Council established under section 7-294b shall develop and promulgate (1) a model policy that provides guidelines on the use of an electronic defense weapon by a police officer, and (2) a standardized form for reporting the use of electronic defense weapons pursuant to subdivision (1) of subsection (b) of section 54-1t.
(P.A. 14-149, S. 2.)
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Sec. 7-294dd. Reimbursement for cost of police officer certification. (a) For purposes of this section, “police officer”, “certification” and “law enforcement unit” have the same meanings as provided in section 7-294a and “cost of certification” means the cost of training, equipment, uniforms, salary and fringe benefits and any cost related to the entry level requirements established by the Police Officer Standards and Training Council associated with the police officer, except that “cost of certification” does not include the cost of any equipment or uniforms that were returned by such officer.
(b) Whenever a police officer obtains certification while employed by a law enforcement unit and is subsequently hired by another law enforcement unit on or after July 1, 2016, and within two years of such officer obtaining such certification, the law enforcement unit hiring the police officer shall reimburse the initial law enforcement unit fifty per cent of the total cost of certification. The provisions of this section shall not apply to a law enforcement unit that hires a police officer two years or more after such officer obtains certification.
(c) Nothing in this section shall be construed to affect an agreement between a police officer or a collective bargaining unit and a law enforcement unit entered into prior to July 1, 2016, that provides for the reimbursement of the cost of certification.
(June Sp. Sess. P.A. 15-5, S. 508.)
History: June Sp. Sess. P.A. 15-5 effective July 1, 2016.
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Sec. 7-294ee. Minimum standards and practices for the administration, management and operation of law enforcement units. Unit state-accreditation tier certification or accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc. (a) The Police Officer Standards and Training Council, established under section 7-294b, and the Commissioner of Emergency Services and Public Protection or the commissioner's designee, shall jointly develop, adopt and revise, as necessary, minimum standards and practices for the administration, management and operation of law enforcement units, as defined in section 7-294a. Such minimum standards and practices shall be based upon standards established by the International Association of Chiefs of Police and the Commission on Accreditation for Law Enforcement Agencies, Inc., and shall include, but need not be limited to, standards and practices regarding bias-based policing, use of force, response to crimes of family violence, use of body-worn recording equipment, complaints that allege misconduct by police officers, use of electronic defense weapons, eyewitness identification procedures, notifications in death and related events and pursuits by police officers and compliance with the guidance issued by the council pursuant to subdivision (1) of subsection (g) of section 7-294d regarding reporting procedures to be followed by chief law enforcement officers for certificate suspension, cancellation or revocation. Not later than January 1, 2023, the council shall, within available appropriations, divide the minimum standards and practices into three state-accreditation tiers, to be known as tier one, tier two and tier three. Tier one shall consist of minimum standards and practices designed to protect law enforcement units from liability, enhance the delivery of services and improve public confidence in law enforcement units. Tier two shall consist of minimum standards and practices for the administration, management and operation of law enforcement units. Tier three shall consist of higher minimum standards and practices for the administration, management and operation of law enforcement units. The council shall post the minimum standards and practices of each tier on the council's Internet web site and disseminate the minimum standards and practices of each tier to law enforcement units. The council and commissioner or the commissioner's designee shall jointly develop a process to review a law enforcement unit's compliance with the minimum standards and practices of each tier and issue a certificate of compliance with the minimum standards and practices of tier one, tier two or tier three, as the case may be, to a law enforcement unit that meets or exceeds the minimum standards and practices of such tier.
(b) On and after January 1, 2019, and until December 31, 2022, each law enforcement unit shall adopt and maintain (1) the minimum standards and practices developed by the council pursuant to subsection (a) of this section, or (2) a higher level of accreditation standards developed by the council or the Commission on Accreditation for Law Enforcement Agencies, Inc.
(c) On and after January 1, 2023, and until December 31, 2023, each law enforcement unit shall (1) be certified, at a minimum, as meeting the requirements for state-accreditation tier one developed by the council pursuant to subsection (a) of this section, or (2) meet a higher level of accreditation standards developed by the Commission on Accreditation for Law Enforcement Agencies, Inc.
(d) On and after January 1, 2024, and until December 31, 2025, each law enforcement unit shall (1) be certified, at a minimum, as meeting the requirements for state-accreditation tiers one and two developed by the council pursuant to subsection (a) of this section, or (2) meet a higher level of accreditation standards developed by the Commission on Accreditation for Law Enforcement Agencies, Inc.
(e) On and after January 1, 2026, each law enforcement unit shall (1) be certified as meeting the requirements for state-accreditation tiers one, two and three developed by the council pursuant to subsection (a) of this section, or (2) meet a higher level of accreditation standards developed by the Commission on Accreditation for Law Enforcement Agencies, Inc.
(f) If a law enforcement unit fails to obtain or maintain the appropriate certification for a state-accreditation tier or tiers or the higher level of accreditation standards developed by the Commission on Accreditation for Law Enforcement Agencies, Inc., as required by the provisions of subsections (b) to (e), inclusive, of this section, the council shall work with the law enforcement unit to obtain and maintain such certification or accreditation standards.
(g) If a law enforcement unit fails to comply with the guidance issued by the council pursuant to subdivision (1) of subsection (g) of section 7-294d regarding reporting procedures to be followed by chief law enforcement officers for certificate suspension, cancellation or revocation, the council may revoke the certificate of compliance with the appropriate state-accreditation tier or tiers, as the case may be, issued pursuant to this section.
(h) No civil action may be brought against a law enforcement unit for damages arising from the failure of the law enforcement unit to (1) adopt and maintain such minimum standards and practices or a higher level of accreditation standards pursuant to subsection (b) of this section, or (2) obtain and maintain the appropriate certificate of compliance with the appropriate state-accreditation tier or tiers or accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc., as required by subsections (c) to (e), inclusive, of this section.
(P.A. 18-161, S. 2; July Sp. Sess. P.A. 20-1, S. 44; P.A. 22-119, S. 1.)
History: P.A. 18-161 effective January 1, 2019; July Sp. Sess. P.A. 20-1 amended Subsec. (a) to add “Until December 31, 2024, the”, delete “, within available appropriations, and make a technical change”, amended Subsec. (b) to add “and until December 31, 2024,”, added new Subsec. (c) re accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc., and redesignated existing Subsec. (c) as Subsec. (d) and amended same by designating existing provision as Subdiv. (1) and adding Subdiv. (2) re accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc., effective July 31, 2020; P.A. 22-119 amended Subsec. (a) by deleting “Until December 31, 2024, the”, inserting “and operation”, and adding provisions re state-accreditation tiers and compliance with guidance issued pursuant to Sec. 7-294d(g)(1), amended Subsec. (b) by substituting “December 31, 2022” for “December 31, 2024”, inserted new Subsecs. (c) and (d) re state-accreditation tiers and Commission on Accreditation for Law Enforcement Agencies, Inc. accreditation standards, substantially revised existing Subsec. (c) and redesignated provisions as Subsecs. (e) and (f), added Subsec. (g) re failure to comply with guidance issued pursuant to Sec. 7-294d(g)(1), redesignated Subsec. (d) as Subsec. (h) and in same inserted “the appropriate certificate of compliance with the appropriate state-accreditation tier or tiers or” and substituted “as required by subsections (c) to (e), inclusive, of this section” for “pursuant to subsection (c) of this section”, effective May 27, 2022.
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Sec. 7-294ff. Development of model critical incident and peer support policy. Policy adoption. Provision of peer support and mental health referral services. (a) Not later than January 1, 2020, the Police Officer Standards and Training Council, established under section 7-294b, the Department of Correction and the Commission on Fire Prevention and Control shall develop and promulgate a model critical incident and peer support policy to support the mental health care and wellness of police officers, as defined in section 7-294a, parole officers, as defined in section 31-294k, and firefighters, as defined in section 31-294k.
(b) Not later than July 1, 2020, each law enforcement unit as defined in section 7-294a, the Department of Correction as employer of parole officers, each municipal or state paid or volunteer fire department and each municipal entity employing a fire marshal, deputy fire marshal, fire investigator, fire inspector or other class of investigator or inspector for whom the State Fire Marshal and the Codes and Standards Committee, acting jointly, have adopted minimum standards of qualification pursuant to section 29-298, shall (1) adopt and maintain a written policy that meets or exceeds the standards of the model policy developed pursuant to subsection (a) of this section; (2) make peer support available to such officers and firefighters; and (3) refer an officer or firefighter, as appropriate, seeking mental health care services to a mental health professional, as defined in section 31-294k.
(P.A. 19-17, S. 7.)
History: P.A. 19-17 effective July 1, 2019.
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Sec. 7-294gg. State and local police training programs to provide training on resilience and self-care techniques. Each police basic training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council established under section 7-294b or a municipal police department in this state shall provide, in consultation with the Department of Mental Health and Addiction Services, resilience and self-care technique training for any individual who begins basic training as a police officer, as defined in section 7-294a, on or after January 1, 2020.
(P.A. 19-17, S. 8.)
History: P.A. 19-17 effective July 1, 2019.
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Sec. 7-294hh. State and local police policy concerning crowd management. Regulations. Training. (a) As used in this section, “police officer” has the same meaning as provided in section 7-294a.
(b) The Police Officer Standards and Training Council, in consultation with the Commissioner of Emergency Services and Public Protection, the Chief State's Attorney, the Connecticut Police Chiefs Association and the Connecticut Coalition of Police and Correctional Officers, shall adopt, in accordance with the provisions of chapter 54, a uniform, state-wide policy for managing crowds by police officers. Such policy shall include a definition of the term “crowd” and reflect factors that affect the management of crowds by police officers, including, but not limited to, the size of the crowd, the location where a crowd has gathered, the time of day when a crowd has gathered and the purpose for any such gathering. In addition, the policy shall establish guidelines for managing crowds in a manner that: (1) Protects individual rights and preserves the peace during demonstrations and civil disturbances, (2) addresses the permissible and impermissible uses of force by a police officer and the type and amount of training in crowd management that each police officer shall undergo, and (3) sets forth the documentation required following any physical confrontation between a police officer and a civilian during a crowd management incident.
(c) The Police Officer Standards and Training Council, in consultation with the Commissioner of Emergency Services and Public Protection, the Chief State's Attorney, the Connecticut Police Chiefs Association and the Connecticut Coalition of Police and Correctional Officers, shall (1) not later than December 1, 2020, post on the eRegulations System, established pursuant to section 4-173b, a notice of intent to adopt regulations setting forth the crowd management policy adopted pursuant to subsection (b) of this section in accordance with the provisions of chapter 54, and (2) at least once during each five-year period thereafter, amend such regulations to update such policy.
(d) On and after the date the crowd management policy is adopted in regulations pursuant to subsection (b) of this section, (1) the chief of police or Commissioner of Emergency Services and Public Protection, as the case may be, shall inform each officer within such chief's or said commissioner's department and each officer responsible for law enforcement in a municipality in which there is no organized police department of the existence of the crowd management policy to be employed by any such officer and shall take whatever measures are necessary to ensure that each such officer understands the crowd management policy established under this section, and (2) each police basic or review training program conducted or administered by the Division of State Police within the Department of Emergency Services and Public Protection, the Police Officer Standards and Training Council or a municipal police department shall include training in such policy.
(July Sp. Sess. P.A. 20-1, S. 5.)
History: July Sp. Sess. P.A. 20-1 effective July 31, 2020.
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Sec. 7-294ii. Requirements re police officer affixing and displaying badge and name tag on uniform. Development and promulgation of model policy. (a) Except as specified in the model policy adopted and promulgated pursuant to the provisions of subsection (b) of this section, on and after January 1, 2021, any police officer, as defined in section 7-294a, who is authorized to make arrests or who is otherwise required to have daily interactions with members of the public, shall be required to affix and prominently display on the outer-most garment of such officer's uniform the badge and name tag that has been issued to such officer by the law enforcement unit, as defined in section 7-294a, that employs such officer.
(b) Not later than December 31, 2020, the Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly develop and promulgate a model policy to implement the provisions of subsection (a) of this section. Such model policy shall include, but not be limited to, the time, place and manner for ensuring compliance with the provisions of subsection (a) of this section. Such model policy may include specified instances when compliance with the provisions of subsection (a) of this section shall not be required due to public safety-related considerations or other practical considerations, including, but not limited to, the sensitive nature of a police investigation or a police officer's involvement in an undercover assignment.
(July Sp. Sess. P.A. 20-1, S. 14.)
History: July Sp. Sess. P.A. 20-1 effective July 31, 2020.
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Sec. 7-294jj. Acquisition and inventory of military designed equipment by state and municipal police. Order to sell, transfer or dispose of by office of the Governor and Commissioner of Emergency Services and Public Protection. Reconsideration of order. Reporting. Prohibited use for crowd management or intimidation tactics. (a) For purposes of this section:
(1) “Law enforcement agency” means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department; and
(2) “Controlled equipment” means military designed equipment classified by the United States Department of Defense as part of the federal 1033 program that is (A) a controlled firearm, ammunition, bayonet, grenade launcher, grenade, including stun and flash-bang, or an explosive, (B) a controlled vehicle, highly mobile multi-wheeled vehicle, mine-resistant ambush-protected vehicle, truck, truck dump, truck utility or truck carryall, (C) a drone that is armored or weaponized, (D) controlled aircraft that is combat configured or combat coded or has no established commercial flight application, (E) a silencer, (F) a long-range acoustic device, or (G) an item in the federal supply class of banned items.
(b) On and after July 31, 2020, no law enforcement agency may acquire controlled equipment.
(c) Not later than December 31, 2020, each law enforcement agency shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety its inventory of controlled equipment possessed on July 31, 2020. As part of such report, the agency shall include the use or proposed use of each item in its inventory and whether such use or proposed use is necessary for the operation and safety of the department or is for relief or rescue efforts in the case of a natural disaster or for other public safety purposes.
(d) (1) The office of the Governor and the Commissioner of Emergency Services and Public Protection may order a law enforcement agency to lawfully sell, transfer or otherwise dispose of controlled equipment they jointly find is unnecessary for public protection. A municipal police department may request the office of the Governor and the commissioner to reconsider such order. The office of the Governor and the commissioner may jointly amend or rescind such order if the police department has held a public hearing in the municipality it serves concerning the proposed request for reconsideration and the department demonstrates in its request for reconsideration that the use or proposed use of the controlled equipment is necessary for the operation and safety of the department or is for relief or rescue efforts in the case of a natural disaster or for other public safety purposes.
(2) The office of the Governor and the Commissioner of Emergency Services and Public Protection shall notify the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety of controlled equipment that is ordered to be sold, transferred or otherwise disposed of pursuant to subdivision (1) of this subsection.
(e) No law enforcement agency that is permitted to retain controlled equipment may use any such equipment for crowd management or intimidation tactics.
(July Sp. Sess. P.A. 20-1, S. 40.)
History: July Sp. Sess. P.A. 20-1 effective July 31, 2020.
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Sec. 7-294kk. Determination of number of drug recognition experts. Development of model policy. Policy adoption. Drug recognition expert and advanced roadside impaired driving enforcement training. (a) Not later than January 1, 2022, each law enforcement unit shall report to the Police Officer Standards and Training Council, in the manner specified by the council, a recommendation as to the minimum number of officers that such law enforcement unit should have accredited as drug recognition experts in order to ensure adequate availability of drug recognition experts to respond to instances of impaired driving, allowing that law enforcement units may call upon drug recognition experts from other law enforcement units as necessary and available. Such recommendation shall be based on data on impaired driving made available to law enforcement units by the Department of Transportation and any guidance issued by the council.
(b) The Police Officer Standards and Training Council, in conjunction with the Highway Safety Office within the Department of Transportation, shall determine the minimum number of police officers to be accredited as drug recognition experts for each law enforcement unit. In making such determination, the council and office shall consider the recommendation made by each law enforcement unit pursuant to subsection (a) of this section. The council and office shall submit the results of such determination to the Governor and the Secretary of the Office of Policy and Management not later than July 1, 2022. The council and office shall update and submit such determination to the Governor and Secretary of the Office of Policy and Management no less frequently than once every three years.
(c) Not later than April 1, 2022, the Police Officer Standards and Training Council shall develop and promulgate a model policy to ensure that enough police officers become trained drug recognition experts in each law enforcement unit to meet the minimum number established in subsection (b) of this section.
(d) Not later than October 1, 2022, each law enforcement unit shall adopt and maintain a written policy that meets or exceeds the standards of the model policy developed pursuant to subsection (c) of this section.
(e) Not later than January 1, 2022, the Police Officer Standards and Training Council and the Highway Safety Office within the Department of Transportation shall jointly issue a plan to increase access to advanced roadside impaired driving enforcement training and drug recognition expert training for police officers and law enforcement units in the state. The council and office shall update such plan no less frequently than once every three years.
(f) On and after January 1, 2022, each police officer who has not yet been recertified pursuant to section 7-294e for the second time after receiving an initial certification, shall complete training and receive certification in advanced roadside impaired driving enforcement prior to being recertified pursuant to section 7-294e.
(g) For purposes of this section, “advanced roadside impaired driving enforcement” means a program developed by the National Highway Traffic Safety Administration with the International Association of Chiefs of Police and the Technical Advisory Panel, which focuses on impaired driving enforcement education for police officers, or any successor to such program; “drug recognition expert” means a person certified by the International Association of Chiefs of Police as having met all requirements of the International Drug Evaluation and Classification Program; “law enforcement unit” has the same meaning as provided in section 7-294a; and “Police Officer Standards and Training Council” means the council established under section 7-294b.
(June Sp. Sess. P.A. 21-1, S. 114.)
History: June Sp. Sess. P.A. 21-1 effective July 1, 2021.
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Sec. 7-294ll. Issuance of guidance to police re determination of whether a person is in possession of cannabis in excess of legal limit. Not later than January 1, 2022, the Police Officer Standards and Training Council shall issue guidance concerning how police officers shall determine whether the cannabis possessed by a person is in excess of such person's possession limit pursuant to subsection (a) of section 21a-279a.
(June Sp. Sess. P.A. 21-1, S. 153.)
History: June Sp. Sess. P.A. 21-1 effective January 1, 2022.
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Sec. 7-294mm. Timely notification by a peace officer of a death. (a) If a peace officer who is a sworn member of a law enforcement agency responds to an incident involving a deceased person or the remains of a person or otherwise encounters a deceased person or the remains of a person while such officer is on duty, such officer shall ensure that a person who is a next of kin of such person is notified of such person's death in a manner provided for in applicable guidelines used by the law enforcement agency employing such officer. Such law enforcement agency shall ensure such notification is made as soon as practicable, but not later than twenty-four hours following the identification of such person, except as provided in subsection (b) of this section.
(b) If a peace officer is unable to notify a person who is a next of kin of a deceased person as required under subsection (a) or (c) of this section, such officer shall document the reason for the failure or delay of notification and any attempts made to make such notification.
(c) If a next of kin of a deceased person resides in a town in which the peace officer does not serve, such officer may notify such next of kin of such person's death in a manner provided for in applicable guidelines used by the law enforcement agency employing such officer, or provide notice to the law enforcement agency that serves such town in which such next of kin resides, which agency shall ensure notification in a manner provided for in such agency's applicable guidelines.
(d) If no person who is a next of kin of a deceased person is notified of such person's death as required under subsection (a) or (c) of this section, a person who is a next of kin of the deceased person may request of the Office of the Inspector General, established under section 51-277e, an investigation of such lack of notification or timely notification.
(e) For purposes of this section, “peace officer” has the same meaning as provided in section 53a-3, “next of kin” has the same meaning as provided in section 19a-415a and “law enforcement agency” means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department.
(P.A. 22-61, S. 1.)
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Sec. 7-294nn. Law enforcement unit policy permitting police officers to wear religious head coverings. (a) As used in this section, “law enforcement unit” and “police officer” have the same meanings as provided in section 7-294a.
(b) Not later than October 1, 2022, each law enforcement unit shall adopt or amend a policy to permit a police officer to wear a religious head covering in accordance with the police officer's religious beliefs while the police officer is on duty and wearing a uniform or other authorized attire, except where the use of tight-fitting protective headgear is required by such law enforcement unit.
(P.A. 22-66, S. 1.)
History: P.A. 22-66 effective May 23, 2022.
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Secs. 7-294oo to 7-294zz. Reserved for future use.
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Sec. 7-294aaa. Establishment of civilian police review boards. (a) The legislative body of a town may, by ordinance, establish a civilian police review board. The ordinance shall, at a minimum, prescribe: (1) The scope of authority of the civilian police review board; (2) the number of members of the civilian police review board; (3) the process for the selection of board members, whether elected or appointed; (4) the term of office for board members; and (5) the procedure for filling any vacancy in the membership of the civilian police review board.
(b) Any civilian police review board established pursuant to subsection (a) of this section may be vested with the authority to: (1) Issue subpoenas to compel the attendance of witnesses before such board; and (2) require the production for examination of any books and papers that such board deems relevant to any matter under investigation or in question.
(c) (1) The person to whom such subpoena is issued may, not later than fifteen days after service of such subpoena, or on or before the time specified in the subpoena for compliance if such time is less than fifteen days after service, serve upon the board written objection to the subpoena and file such objection in the Superior Court which shall adjudicate such objection in accordance with the rules of the court.
(2) If the person to whom such subpoena is issued fails to appear or if having appeared refuses to testify or produce the evidence required by such subpoena, the Superior Court, upon application of such board, shall have jurisdiction to order such person to appear or to give testimony or produce such evidence, as the case may be.
(d) The provisions of this section shall not be construed to affect the operation of, or impose any limitation upon, a civilian police review board established prior to July 31, 2020.
(e) Upon receipt of a written request from the Office of the Inspector General, established pursuant to section 51-277e, a civilian police review board shall stay and take no further action in connection with any proceeding that is the subject of an investigation or criminal prosecution that is being conducted pursuant to said section or section 51-277a. Any stay of proceedings imposed pursuant to this subsection shall not exceed six months from the date on which the civilian police review board receives such written request from the Office of the Inspector General, and such stay of proceedings may be terminated sooner if the Office of the Inspector General provides written notification to the civilian police review board that a stay of proceedings is no longer required.
(July Sp. Sess. P.A. 20-1, S. 17; P.A. 21-33, S. 1.)
History: July Sp. Sess. P.A. 20-1 effective July 31, 2020; P.A. 21-33 added new Subsec. (c) re responses to subpoenas and redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e).
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Sec. 7-295. Acceptance of part. The provisions of this part shall apply to any municipality having a police department under the management of a commissioner, superintendent, board of police commissioners or police committee, which accepts the provisions of this part by an affirmative vote of the electors of such municipality at a referendum warned and held for the purpose of accepting the same in the manner prescribed in section 9-369. In any such referendum election, the designation of the question on the voting tabulator ballot shall be “Shall a Police Reserve Fund be established?”. The provisions hereof shall not apply to cities authorized by special charter to establish a police benefit or reserve fund.
(1949 Rev., S. 904; 1953, S. 417d; P.A. 86-170, S. 5, 13; P.A. 11-20, S. 1.)
History: P.A. 86-170 required that designation on ballot label be in form of question; pursuant to P.A. 11-20, “machine” and “ballot label” were changed editorially by the Revisors to “tabulator” and “ballot”, respectively, effective May 24, 2011.
See Sec. 9-1 for applicable definitions.
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Sec. 7-296. Reserve fund of police department. There shall be in each city a fund to be known as the “reserve fund of the police department” and said fund shall consist of: (1) All property specially devised or given for the benefit of disabled policemen and all property given to the department on account of service rendered; (2) all lost or abandoned money, in charge of the board of police commissioners or police committee of such city, and all moneys arising from the sale of abandoned or lost property, in charge of such board, available for the purpose by the laws of the state; (3) all rewards, fees, gifts, testimonials and emoluments presented to any member of the police force on account of special services, except such as are allowed by such board or committee to be retained by such member, and all moneys collected from members of the police force by way of fines or forfeiture of pay imposed or ordered by such board and all money deducted or withheld from the pay of members of the police force on account of lost time; (4) the income and interest from all property and moneys belonging to said fund, and (5) such moneys as are from time to time appropriated for that purpose by the common council of such city. The board of police commissioners or the police committee shall be a board of trustees of the reserve fund and the treasurer of the city shall be the treasurer of said fund. The president of such board or committee shall be president of such board of trustees and shall draw all orders upon said fund, which shall be countersigned by the secretary of such board of trustees, who shall be designated by the board. The secretary shall keep a record of the proceedings of the board of trustees and of all action taken by it with regard to said fund. The board of trustees shall have general charge of said fund and may, by a majority vote, direct the treasurer to invest any portion of the same in any securities authorized by the laws of the state as investments for trust funds or to deposit the same or any portion thereof in any of the savings banks of the state. The board of trustees shall report to the common council yearly the condition of the reserve fund, with the items of all the receipts and disbursements on account of the same. If the reserve fund is found at any time insufficient to meet all requirements upon it, the common council, upon application of the board of trustees, may make an appropriation to make good such deficiency, and any prospective deficiency in said fund may be provided for by the common council in its annual appropriation for the police department.
(1949 Rev., S. 905; P.A. 75-530, S. 22, 35.)
History: P.A. 75-530 deleted references to unclaimed or stolen money or property.
See Sec. 7-285 re sales of unclaimed goods by police departments.
See Sec. 50-14 re disposition of lost goods after expiration of time for making claim.
Does not prohibit by implication deductions from pay of policemen. 137 C. 43.
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Sec. 7-297. Veteran reserve; retirement; death benefits. In addition to the supernumerary and regular police force in each city, there shall be an honorary grade, known as the veteran reserve, to which the police commissioners or police committee may, at its discretion, by a unanimous vote, with the approval of the mayor, transfer any member of the regular force who, through age, or physical disabilities incurred in the discharge of perilous duty, or in long and faithful service, becomes permanently disqualified for the more active duties of the regular grade; provided the pay of the members of the veteran reserve shall be regulated by the police commissioners or police committee in accordance with the amount of duty performed and shall not be more than one-half nor less than one-fourth of the rate of compensation previously received by such members while in the regular grade; and provided any member of the veteran reserve may be removed in the same manner as a member of the regular force. The board of police commissioners or police committee may, at its discretion, by the affirmative vote of the whole number of its members and with the approval of the mayor, as a reward for conspicuously meritorious service, permanently retire from duty any member of the regular force or of the veteran reserve, after twenty years of continuous service in the department, upon certificate of the surgeon of the department or of a board of surgeons to be designated by such board or such committee, showing that such member is permanently disabled, physically or mentally, so as to be unfit for any police duty; provided such surgeon or board of surgeons shall further certify that, in his or their opinion, such disability is due either to the natural infirmities of old age or to injury received or exposure endured in the performance of duty in such department; and such member so retired shall be entitled to receive from said fund, during his lifetime, unless such vote is annulled by a unanimous vote of the members of such board or committee, with the approval of the mayor, a sum not exceeding five hundred dollars annually or, in case of officers other than patrolmen, not exceeding one-half the pay of such officers when retired, such sum to be payable in monthly installments. Such board or such committee may, by the affirmative vote of the whole number of its members, with the approval of the mayor, permanently retire any member of the supernumerary or regular police force who, while in the actual performance of police duty and by reason of the performance of such duty and without fault or misconduct on his part, has become permanently disabled, physically or mentally, so as to be entirely unfitted to perform such duty; and such member so retired shall be entitled to receive from said fund, during his lifetime, unless such vote is annulled by the unanimous vote of the members of such board or committee, with the approval of the mayor, an annual sum payable monthly, not exceeding one-half nor less than one-fourth of his previous compensation per annum; or, in the case of a member of the supernumerary force, not exceeding one-half nor less than one-fourth of the compensation of a patrolman of the regular force. Whenever such board or committee annuls a vote placing a policeman on the retired list, such board or committee shall file with the trustees of the reserve fund a written statement of the causes which determined them in annulling such vote. When any member of the police force has been killed while in the actual performance of duty or has died from the effects of any injury received while in the actual discharge of such duty, such board or committee may, by the affirmative vote of a majority of the whole number of its members, with the approval of the mayor, direct a sum not exceeding three hundred dollars a year, payable in installments, as such board or committee directs, to be paid from said fund to the widow of such policeman; or, if he has no widow, to his child or children not over eighteen years of age, and to his child or children being under eighteen years of age, after the death or marriage of his widow; provided such annual payment shall cease if such widow marries again, and shall cease when all of such children attain the age of eighteen years, and may at any time be stopped or the amount of the payment changed by the vote of a majority of the whole number of the members of such board or committee, with the approval of the mayor, and shall in no case be continued for a longer period than ten years.
(1949 Rev., S. 906.)
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Sec. 7-298. Removal of policemen not restricted. Nothing in this part shall be construed as limiting the power of removal of policemen vested in the board of police commissioners or police committee by the charter of any city, except that no member of the retired list shall be removed until he has had an opportunity to be heard in his own behalf before such board or committee. Such board or committee may, at its discretion, order any member on the retired list to be examined or reexamined by the surgeon of the department or by a board of surgeons to be designated by such board or committee, and, if such member is reported capable of performing duty, such board or committee may, by the affirmative vote of a majority of the whole number of its members, with the approval of the mayor, restore such member to either the regular or veteran reserve force and may, in like manner, transfer any member of the veteran reserve to the regular force.
(1949 Rev., S. 907.)
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Sec. 7-299. City ordinances. Each city shall have authority, by ordinance, to make regulations, not inconsistent herewith, for giving full effect to the provisions of this part.
(1949 Rev., S. 908; 1963, P.A. 642, S. 6.)
History: 1963 act substituted word “part” for “chapter”.
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Sec. 7-300. Establishment of funds in towns and boroughs. In any town or borough which has established a police reserve fund under the provisions of this part, the powers and duties vested in and imposed upon the mayor or common council of a city shall, in the case of a town, be vested in and imposed upon the board of selectmen thereof, and, in the case of a borough, be vested in and imposed upon the warden or burgesses thereof, except that, in the case of a borough or a town, all appropriations shall be made by the body authorized to make appropriations therein.
(1949 Rev., S. 909.)
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Sec. 7-301. Establishment of fire department. Any town may provide by ordinance for the protection of property within its limits from fire and for the establishment of a town fire department and for the management, discipline and control thereof by the board of selectmen or, if there is a town council, by the town council, or by a board of fire commissioners of such number, chosen in such manner and for such terms as the ordinance provides. The board of selectmen, town council or board of fire commissioners may make regulations for the conduct of the fire department and may appoint, discipline and remove for cause shown all employees of the department and purchase supplies and equipment necessary for its operation; provided, if the ordinance so provides, the board of selectmen, town council or board of fire commissioners shall enter into an agreement with any volunteer fire company or companies within the town for the protection thereof from fire on such conditions as to financial assistance and the observance of the regulations of the board of selectmen, town council or board of fire commissioners as such ordinance prescribes; and provided no town fire department established under the provisions of this section shall supersede any volunteer fire company which is the owner of any building, fire apparatus or other property without having first come to an agreement with such company with regard to the disposition of and compensation for such building, apparatus or other property. Such town may, at any meeting specially warned for the purpose, make appropriations and lay taxes for the support thereof; but this section shall not be operative within the limits of any city, borough or incorporated fire district which has an established fire department. Nothing in this section shall prevent any town, city, borough or incorporated fire district from appropriating funds to a volunteer fire company or companies for services rendered or to be rendered within the confines of such town, city, borough or district by such fire company or companies, provided such town, city, borough or incorporated fire district shall deem it in the public interest to do so.
(1949 Rev., S. 677; 1957, P.A. 13, S. 18; 1959, P.A. 606, S. 1.)
History: 1959 act added provision protecting town's, city's or borough's power to appropriate funds to volunteer fire companies for services.
See Sec. 29-297 re appointment of local fire marshals and deputies.
Firemen perform governmental acts and municipality is not liable for their negligence. 38 C. 368, see also 80 C. 386. Cited. 196 C. 192.
Section does not prohibit a municipal fire department established by a municipal charter from superseding volunteer fire companies because section pertains only to fire departments established by ordinance and not ones established by municipal charters. 159 CA 708.
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Sec. 7-302. Hearing prior to dismissal of fire department head. Appeal. No active head of any fire department of any town, city or borough shall be dismissed unless he has been given notice in writing of the specific grounds for such dismissal and an opportunity to be heard in his own defense, personally or by counsel, at a public hearing before the authority having the power of dismissal. Such public hearing, unless otherwise specified by charter, shall be held not less than five nor more than ten days after such notice. Any person so dismissed may appeal within thirty days following such dismissal to the superior court for the judicial district in which such town, city or borough is located. Service shall be made as in civil process. Said court shall review the record of such hearing, and, if it appears upon the hearing upon the appeal that testimony is necessary for an equitable disposition of the appeal, it may take evidence or appoint a referee or a committee to take such evidence as it directs and report the same to the court with his or its findings of fact, which report shall constitute a part of the proceedings upon which the determination of the court shall be made. The court, upon such appeal, and after a hearing thereon, may affirm the action of such authority, or may set the same aside if it finds that such authority acted illegally or arbitrarily, or in the abuse of its discretion, or with bad faith or malice.
(1949, 1951, 1955, S. 425d; P.A. 76-436, S. 289, 681; P.A. 78-280, S. 1, 127.)
History: P.A. 76-436 substituted superior court for court of common pleas and added judicial district reference, effective July 1, 1978; P.A. 78-280 deleted reference to counties.
Cited. 209 C. 352.
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Sec. 7-303. “Municipality”, “work” and “duty” defined. The following words as used in sections 7-303 to 7-306, inclusive, shall have the following meanings: “Municipality” includes each town, consolidated town and city, consolidated town and borough, school district, fire, sewer and other district, improvement association or any other political subdivision of the state upon which is placed, or which has assumed, the duty of extinguishing fires and protecting its inhabitants from loss by fire. “Work” or “duty” includes the time spent and duties performed while at fires, answering alarms, returning from fires, attending fire drills or classes, conducting tests or trials of any of the apparatus or equipment normally used by a fire department, instructing or being instructed in fire duties, and any other duty which is ordered to be performed by a superior or commanding officer in the fire department.
(1949, S. 426d.)
Legislature may enact laws relative to hours of service of firemen without infringing on municipality's right of home rule or local self-government. 149 C. 528.
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Sec. 7-304. Participation of municipalities. (a) Any municipality may by ordinance adopt an average work week of fifty-six hours for permanent paid fire personnel as provided in sections 7-303 to 7-306, inclusive.
(b) The legislative body of such municipality may, by ordinance, or shall, upon petition of electors of such municipality in number not less than five per cent of the total number of electors on the last-completed registry list, submit the question of adopting the provisions of said sections in the fire department of such municipality to a vote of the electors thereof at the next general election or at a special election or meeting called for such purpose. Any such petition shall contain the ordinance to be voted upon by the electors. Such election or meeting shall be called and held, and the vote on the question canvassed and the result determined and certified, as nearly as may be in accordance with the provisions of the laws governing the election of civil officers therein. The notice or warning for such election or meeting shall state that a purpose of such election or meeting is to ascertain whether or not such municipality shall adopt an average work week of fifty-six hours for permanent paid fire personnel and that such election or meeting is called under the provisions of this section. The vote on such question shall be taken by a “YES” and “NO” vote on the voting tabulator, and the voting tabulator ballot, which shall bear the words “Shall a fifty-six hour work week for permanent paid fire personnel be adopted?”, shall be provided in accordance with the provisions of section 9-250. If, upon the official determination of the result of such vote, it appears that a majority of those voting on the question are in favor of the adoption of the provisions of sections 7-303 to 7-306, inclusive, said sections shall take effect as to such municipality no later than ninety days thereafter, provided, when the fiscal year of any such municipality begins within ninety days thereafter, the effective date for such municipality shall be no later than the first day of the fiscal year next following the expiration of the ninety-day period.
(1949, S. 427d; 1957, P.A. 13, S. 49; February, 1965, P.A. 574, S. 4; P.A. 86-170, S. 6, 13; P.A. 11-20, S. 1.)
History: 1965 act deleted obsolete reference to Sec. 7-307, substituting Sec. 7-306; P.A. 86-170 required that designation on ballot label be in form of question and substituted term “fire personnel” for “firemen”; pursuant to P.A. 11-20, “machine” and “ballot label” were changed editorially by the Revisors to “tabulator” and “ballot”, respectively, in Subsec. (b), effective May 24, 2011.
Does not permit adoption of average work week of fewer than 56 hours. 149 C. 528.
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Sec. 7-305. Work week. The work week for all permanent paid members of the uniformed firefighter force for municipalities adopting sections 7-303 to 7-306, inclusive, shall be an average work week of not more than fifty-six hours, computed over a period of one fiscal or calendar year, as the municipality elects; provided, unless otherwise prescribed by regulation or ordinance, any time spent in an emergency in excess of any regularly assigned or scheduled work week in connection with any actual fire or conflagration, including time spent going to, working at or returning from any actual fire, or any other work or duty classified as an act of mercy shall not be included in computing such average work week.
(1949, S. 428d; February, 1965, P.A. 574, S. 5.)
History: 1965 act deleted obsolete reference to Sec. 7-307, substituting reference to Sec. 7-306.
Must be read in conjunction with Sec. 7-304 and does not permit adoption of average work week of fewer than 56 hours. 149 C. 528. Cited. 196 C. 192.
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Sec. 7-306. Earnings. There shall be no diminution in the weekly earnings of the employees concerned, nor shall there be any lessening of any of their existing rights and privileges, as the result of the adoption of the work week provided in sections 7-303 to 7-306, inclusive.
(1949, S. 429d; February, 1965, P.A. 574, S. 6.)
History: 1965 act deleted obsolete reference to Sec. 7-307, substituting reference to Sec. 7-306.
Cited. 149 C. 527; 196 C. 192.
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Sec. 7-307. Age requirement for veterans. Section 7-307 is repealed.
(1949, S. 430d; 1957, P.A. 163, S. 14; 1959, P.A. 247.)
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Sec. 7-308. Liability of volunteer firefighter, volunteer ambulance member or volunteer fire police officer. (a) As used in this section, “municipality” has the same meaning as provided in section 7-314; “fire duties” has the same meaning as provided in section 7-314; “ambulance service” means “ambulance service” as defined in section 7-314b; “volunteer ambulance member” means “active member of an organization certified as a volunteer ambulance service in accordance with section 19a-180”; as defined in section 7-314b; and “fire police officer” means any active member of a volunteer fire police organization operating under a municipal fire department that provides support services to such department in accordance with section 7-313a.
(b) Each municipality of this state, notwithstanding any inconsistent provision of law, general, special or local, or any limitation contained in the provisions of any charter, shall protect and save harmless any volunteer firefighter, volunteer ambulance member or volunteer fire police officer of such municipality from financial loss and expense, including legal fees and costs, if any, arising out of (1) any claim, demand, suit or judgment by reason of alleged negligence on the part of such volunteer firefighter, volunteer ambulance member or volunteer fire police officer while performing fire, volunteer ambulance or fire police duties, and (2) any claim, demand or suit instituted against such volunteer firefighter, volunteer ambulance member or volunteer fire police officer by reason of alleged malicious, wanton or wilful act on the part of such volunteer firefighter, volunteer ambulance member or volunteer fire police officer while performing fire, volunteer ambulance or fire police duties. In the event that a court of law enters a judgment against such volunteer firefighter, volunteer ambulance member or volunteer fire police officer for a malicious, wanton or wilful act, such volunteer firefighter, volunteer ambulance member or volunteer fire police officer shall reimburse such municipality for any expenses that the municipality incurred in providing such defense, and such municipality shall be exempt from any liability to such volunteer firefighter, volunteer ambulance member or volunteer fire police officer for any financial loss resulting from such act. This section shall not apply to damages to a person caused by an employee to a fellow employee while both employees are engaged in the scope of their employment for such municipality if the employee suffering such damages or, in the case of his or her death, his or her dependent, has a right to benefits or compensation under chapter 568 by reason of such damages. If a firefighter or, in the case of his or her death, his or her dependent, has a right to benefits or compensation under chapter 568 by reason of injury or death caused by the negligence or wrong of a fellow employee while both employees are engaged in the scope of their employment for such municipality, such firefighter or, in the case of his or her death, his or her dependent, shall have no cause of action against such fellow employee to recover damages for such injury or death unless such wrong was wilful and malicious. Such municipality may arrange for and maintain appropriate insurance or may elect to act as a self-insurer to maintain such protection. No action or proceeding instituted pursuant to the provisions of this section shall be prosecuted or maintained against the municipality or firefighter, volunteer ambulance member or volunteer fire police officer unless at least thirty days have elapsed since the demand, claim or claims upon which such action or special proceeding is founded were presented to the clerk or corresponding officer of such municipality. No action for personal injuries or damages to real or personal property shall be maintained against such municipality and firefighter, volunteer ambulance member or volunteer fire police officer unless such action is commenced within one year after the cause of action therefor arose and notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk or corresponding officer of such municipality and with the firefighter, volunteer ambulance member or volunteer fire police officer not later than six months after such cause of action has accrued. No action for trespass shall lie against any firefighter crossing or working upon lands of another to extinguish fire or for investigation of such fire. No action for trespass shall lie against any volunteer ambulance member crossing or working upon lands of another while performing ambulance services. No action for trespass shall lie against any volunteer fire police officer crossing or working upon lands of another while performing fire police services. Governmental immunity shall not be a defense in any action brought under this section. In any such action the municipality and the firefighter, or the municipality and the volunteer ambulance member, or the municipality and the volunteer fire police officer, may be represented by the same attorney.
(1955, S. 266d; 1957, P.A. 401, S. 2; 1959, P.A. 446, S. 1; 1961, P.A. 355; February, 1965, P.A. 596; P.A. 98-108, S. 2; P.A. 03-278, S. 14; P.A. 11-243, S. 1.)
History: 1959 act substituted reference to Sec. 7-314 for reference to Sec. 7-309 and defined “fire duties”; 1961 act added provisions re damages caused employee by fellow employee; 1965 act added provisions re representation of municipality and fireman by same attorney; P.A. 98-108 divided existing section into Subsecs. (a) and (b) and added provisions re volunteer ambulance members (Revisor's note: In Subsec. (a) the phrase “‘fire duties’ mean ...” was changed editorially by the Revisors to “‘fire duties’ means ...” for grammatical correctness); P.A. 03-278 replaced “verdict” with “final judgment” and made technical changes in Subsec. (b), effective July 9, 2003; P.A. 11-243 added definition of “fire police officer” in Subsec. (a), substantially revised Subsec. (b) re liability of volunteer firefighter, volunteer ambulance member or volunteer fire police officer and made technical changes.
Cited. 148 C. 27. Because reference in section to an action by a “fireman” includes an action by that fireman's administratrix, trial court did not err in concluding that statute applied to bar the action; section is capable of a reasonable interpretation; notwithstanding an inaccurate reference in it to a cause of action on the part of a deceased's “dependent”, it is not unconstitutionally void for vagueness; section is not superseded by Sec. 31-293a which permits an action against a fellow employee for injuries arising out of the negligent operation of a motor vehicle; because the purpose of section, which is to prevent double liability on the part of a municipality for the negligence of municipal firemen, bears a rational relationship to a legitimate governmental objective, it does not violate principles of equal protection. 187 C. 53. Cited. 189 C. 550; 196 C. 192; 209 C. 273. Because the prohibition in Subsec. (b) on a cause of action by a municipal firefighter against a fellow employee is rationally related to legitimate governmental interest of reducing municipal liability and fostering provision of effective firefighting services, it does not violate federal or state equal protection clause. 300 C. 395.
Cited. 12 CA 538; judgment reversed, see 209 C. 273.
Cited. 22 CS 240. To establish liability of municipality, plaintiff must allege and prove that conduct of employees was not wilful or wanton and that they were engaged in fire duties as defined in Sec. 7-314; necessity of allegation of presentation to municipality of demand is not satisfied by an allegation that required notice of injury was given municipality. 23 CS 149. Cited. Id., 229. Cause of action against a fireman and a municipality is not limited to a living fireman but extends to his executor or administrator in case he dies; section must be read in conjunction with Sec. 52-599. Id., 321. Identity of unknown fireman can be ascertained for purpose of instituting action by invoking Sec. 52-156 re depositions. 24 CS 452. Cited. 28 CS 507. When suit by firemen against another prohibited. 29 CS 420. Cited. 44 CS 230.
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Sec. 7-309. Liability for damage caused by motor vehicle used for fire fighting. Section 7-309 is repealed.
(1949 Rev., S. 680; 1959, P.A. 446, S. 2.)
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Sec. 7-310. Operation of fire equipment in and provision of personnel and assistance to other municipality. Any city, town, borough, fire district, independent fire department or independent fire company may locate, use, man and operate fire stations, fire apparatus, ambulances, rescue trucks, radio and fire-alarm systems and other fire equipment and provide personnel and other assistance for the investigation of the cause and origin of fires, in any other city, town, borough or fire district, upon such terms respecting the location, use, management and operation as may be mutually agreed upon between the boards of fire commissioners or other persons having the management and control of the fire departments or fire companies. Any officer or member of a fire department or fire company while operating outside the jurisdictional limits of his fire department or fire company in accord with such an agreement shall have the same rights, privileges and immunities that are granted him when operating within the jurisdictional limits of his fire department or fire company.
(1949 Rev., S. 679; 1963, P.A. 136; P.A. 73-58.)
History: 1963 act extended section to independent fire departments or companies, included ambulances, rescue trucks, radio systems and other fire equipment and extended rights, privileges and immunities to firemen operating outside their jurisdiction in accord with agreement; P.A. 73-58 added provision re investigations of fires.
Cited. 140 C. 414; 196 C. 192.
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Sec. 7-310a. Municipal and volunteer fire department fire apparatus inspection, maintenance and testing requirements. Each municipal and volunteer fire department shall maintain (1) the pump and aerial components of such department's fire apparatus in compliance with the inspection, maintenance and testing requirements of standard 1911 of the National Fire Protection Association, and (2) such fire department's apparatus in compliance with the requirements of 49 CFR 393, Subparts A to E, inclusive, G and J, as amended from time to time, 49 CFR 396.1 to 396.25, inclusive, as amended from time to time, and 49 CFR Chapter III, Subchapter B, Appendix G, as amended from time to time.
(P.A. 17-175, S. 1.)
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Sec. 7-311. Liability for delay in reporting fire or other emergency. No person, corporation, partnership or association which is authorized by any town, city or borough fire department or by any volunteer fire company to receive any report of fire or other emergency, including but not limited to requests for an ambulance or rescue equipment and which agrees to receive and transmit such report to such fire department, volunteer fire company or other appropriate municipal agency or department shall be liable in any civil action for damage to persons or property caused by delay in reporting such fire or other such emergency, unless such delay is the result of the gross negligence of such person, corporation, partnership or association.
(1953, S. 267d; P.A. 80-140.)
History: P.A. 80-140 added reports of other emergencies, including requests for ambulance or rescue equipment to provisions of section.
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Sec. 7-312. Liability as to use of water holes. Any municipality, as defined in section 7-314, or any property owner on behalf of any such municipality, may construct or maintain open water holes for the purpose of providing fire protection for such municipality, and no such municipality or property owner shall incur any liability as a result of injury to any person arising out of the maintenance of such water hole, provided such water hole has been approved by the fire-fighting organization and the municipality within whose jurisdiction such water hole is situated and provided such approval has been communicated, in writing, to the property owner on whose premises such water hole is situated.
(1953, S. 268d.)
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Sec. 7-313. Fire police. Section 7-313 is repealed.
(1949 Rev., S. 666; 1963, P.A. 642, S. 7.)
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Sec. 7-313a. Fire police. The authorities having the supervision of the fire department of any town, city, borough or district may appoint such number of fire department members or other persons, within available appropriations, as they deem necessary to be fire police officers of such municipality or district, who shall have the powers and perform the duties in such municipality or district as designated and authorized by the fire chief of such municipality or district, and such fire police officers may exercise such powers and duties in any other municipality or district while on duty with the fire department or with a cooperating fire department, where the department is engaged in mutual assistance. Such powers and duties shall include traffic control and regulation and may be exercised by such fire police during any fire drill or fire call or at any other time when such fire police are serving with the fire department, with any other fire department in another municipality or district or with any fire department rendering mutual assistance. Each such fire police officer while in the performance of fire police duties shall wear the badge of office in plain view of any observer. Each such fire police officer, while directing traffic in performance of the duties of fire police, shall (1) wear (A) a helmet with the words “Fire Police” in red letters on the front thereof, any other headgear that meets national, state and local traffic safety standards or a regulation fire-police dress uniform cap, and (B) a traffic safety vest, orange or lime green raincoat or any reflectorized orange or lime green outer clothing, that meets national, state and local traffic safety standards, (2) carry a flashlight, which shall have a red or orange wand and be capable of projecting a clear light for the purpose of illumination at nighttime, and (3) utilize hand-held or portable traffic control devices appropriate for the time of day, weather and traffic flow. Such helmet, cap, vest, raincoat or outer clothing, badge, traffic control equipment and flashlight may be supplied by the appointing municipality or district. Any person who violates this section by failing to obey any signal given by a fire police officer directing traffic in performance of the duties of fire police shall be deemed to have committed an infraction.
(1961, P.A. 444; February, 1965, P.A. 172, S. 1; 1967, P.A. 83; 1971, P.A. 80; P.A. 88-142, S. 1, 2; P.A. 91-115; P.A. 02-20, S. 1; P.A. 03-181, S. 2; P.A. 09-137, S. 1; P.A. 13-271, S. 54.)
History: 1965 act added provisions concerning helmet, badge and flashlight as required accoutrements during performance of duties; 1967 act allowed appointment of fire police in numbers deemed necessary, removing former limit of twelve; 1971 act deleted provision limiting term of appointment to one year and added provisions concerning wearing of dress uniform caps and safety vests or orange raincoats; P.A. 88-142 allowed appointment of fire police within available appropriations and provided that they have the powers and duties designated by the fire chief, instead of the powers and duties of special constables; P.A. 91-115 permitted fire policemen to wear reflectorized orange outer clothing and required such policemen to carry a flashlight with a red wand while directing traffic after dark or in inclement weather; P.A. 02-20 allowed officers to wear lime green raincoat or outer clothing and made technical changes for purposes of gender neutrality, effective May 6, 2002; P.A. 03-181 added Subdiv. designators and made technical changes, inserted “in performance of the duties of fire police” re directing traffic, amended provisions designated as Subdiv. (1) by requiring fire police gear to meet national, state and local traffic safety standards, amended provisions designated as Subdiv. (2) by allowing the use of a flashlight with an orange wand, added provisions designated as Subdiv. (3) to require fire police to use hand-held or portable traffic control devices while directing traffic, and removed mandate that municipalities and fire districts supply fire police with certain gear and traffic control equipment; P.A. 09-137 provided for appointment of fire department members, deleted references to “adjoining” municipality, authorized officers to wear any headgear that meets national, state and local traffic safety standards and made conforming changes; P.A. 13-271 added provision re violation of section for failure to obey signal given by fire police officer directing traffic deemed an infraction.
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Sec. 7-313b. Authority of fire department officer to order removal of persons. Section 7-313b is repealed, effective October 1, 2012.
(1961, P.A. 131; P.A. 77-614, S. 486, 610; P.A. 12-80, S. 193.)
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Sec. 7-313c. Indemnification for educational expenses. (a) Any town, city or borough subject to the approval of its legislative body, shall indemnify any paid or volunteer member of its fire department who, after October 1, 1969, has commenced and has successfully completed a course or courses in fire technology and administration offered by the state regional community-technical colleges. Such indemnification shall be limited to expenses incurred by such member for tuition and textbook charges.
(b) This section shall not apply to any member of a fire department of a town, city or borough receiving educational benefits from the United States Department of Veterans Affairs or any Connecticut fire department association.
(1969, P.A. 703, S. 1, 2; P.A. 89-260, S. 6, 41; P.A. 92-126, S. 39, 48; P.A. 18-72, S. 19.)
History: P.A. 89-260 in Subsec. (a) substituted “regional technical colleges” for “state technical colleges”; P.A. 92-126 changed a reference to technical colleges to community-technical colleges in Subsec. (a); P.A. 18-72 amended Subsec. (b) to replace “Veterans' Administration” with “United States Department of Veterans Affairs”.
Cited. 196 C. 192.
Cited. 44 CS 230.
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Sec. 7-313d. Local fire department's authority to inspect state facilities. Each local fire department or company shall have the authority to annually inspect, for fire protection purposes, any building or facility owned, operated or leased by the state and located within the jurisdiction of such local fire department or company. In the event of structural modification of such building or facility or the addition, removal or relocation of fire protection devices or equipment within, or in the immediate vicinity of, such building or facility, such local fire department or company shall be given written notice of such alteration within ten days after its completion by the person in charge of such building or facility, and shall have the authority to inspect such building or facility within thirty days after receipt of such notice, notwithstanding the fact that it may have already made its annual inspection of such building or facility.
(P.A. 75-307, S. 1, 2.)
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Sec. 7-313e. Authority of fire officer during emergency. Notwithstanding any provision in the general statutes or a municipal ordinance to the contrary, the fire chief of the municipality, or any member serving in the capacity of fire officer-in-charge, shall, when any fire department or company is responding to or operating at a fire, service call, or other emergency, within such municipality, have the authority to: (a) Control and direct emergency activities at such scene; (b) order any person to leave any building or place in the vicinity of such fire for the purpose of protecting such person from injury; (c) blockade any public highway, street, or private right-of-way temporarily while at such scene; (d) at any time of the day or night, enter any building, including a private dwelling, or upon any premises where a fire is in progress or near the scene of any fire, or where there is reasonable cause to believe a fire is in progress, for the purpose of extinguishing the fire or preventing its spread; (e) inspect for the purposes of preventing fires and preplanning the control of fire all buildings, structures or other places in their fire district, except the interior of private dwellings, where any combustible material, including but not limited to waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels or rubbish, that is or may become dangerous as a fire menace to such buildings, structures or other places has been allowed to accumulate or where such chief or his designated representative has reason to believe that such material has accumulated or is liable to be accumulated; (f) order disengagement or discouplement of any convoy, caravan or train of vehicles, craft or railway cars for the purpose of extinguishing a fire or preventing its spread; and (g) take command of any industrial fire brigade or fire chief when such fire company or department has been called to such industry.
(P.A. 75-599; P.A. 77-232.)
History: P.A. 77-232 clarified authority of fire officers, extending authority to time when responding to call and including emergencies and service calls as well as fire, deleting authority to trespass without liability and adding authority to make inspections and to order disbanding of convoys, caravans etc.
Cited. 24 CA 598.
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Sec. 7-313f. Authority of fire chiefs at certain state facilities. Notwithstanding section 7-313e or any other provision of the general statutes, or any provision of a municipal ordinance, the fire chief of the fire department at The University of Connecticut at Storrs, The University of Connecticut Health Center or the Southbury Training School, or any member of such department serving in the capacity of fire officer-in-charge, shall, whenever any fire department or company is responding to or operating at a fire, service call or other emergency at said university, health center or training school, (1) control and direct emergency activities at such scene, (2) order any person to leave any building or place in the vicinity of such fire, service call or emergency for the purpose of protecting such person from injury, and (3) have all other authority provided to a fire chief or fire officer-in-charge pursuant to section 7-313e.
(P.A. 13-145, S. 1.)
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Sec. 7-313g. “Firefighter” defined. For purposes of this section and sections 3-123, 7-313h to 7-313k inclusive, and 29-303, “firefighter” shall include any (1) local fire marshal, deputy fire marshal, fire investigator, fire inspector and such other classes of inspectors and investigators for whom the State Fire Marshal and the Codes and Standards Committee, acting jointly, have adopted minimum standards of qualification pursuant to section 29-298; and (2) uniformed member of a paid municipal, state or volunteer fire department.
(P.A. 16-10, S. 2.)
History: P.A. 16-10 effective February 1, 2017.
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Sec. 7-313h. Firefighters cancer relief account. (a) There is established an account to be known as the “firefighters cancer relief account” which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the cancer relief subcommittee of the Connecticut State Firefighters Association, established pursuant to section 7-313i, for the purposes of providing wage replacement benefits to firefighters who are diagnosed with a condition of cancer described in section 7-313j.
(b) The State Treasurer shall invest the moneys deposited in the firefighters cancer relief account in a manner reasonable and appropriate to achieve the objectives of such account, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The State Treasurer shall give due consideration to rate of return, risk, term or maturity, diversification of the total portfolio within such account, liquidity, the projected disbursements and expenditures, and the expected payments, deposits, contributions and gifts to be received. The moneys in such account shall be continuously invested and reinvested in a manner consistent with the objectives of such account until disbursed in accordance with section 3-123 and section 7-313i.
(c) The moneys in the firefighters cancer relief account shall be used solely for the purposes of providing wage replacement benefits to firefighters who are diagnosed with a condition of cancer described in section 7-313j and to fund the expenses of administering the firefighters cancer relief program established pursuant to section 7-313j.
(P.A. 16-10, S. 3; June Sp. Sess. P.A. 17-2, S. 219.)
History: P.A. 16-10 effective February 1, 2017; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to delete reference to moneys deposited pursuant to Sec. 16-256g, effective October 31, 2017.
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Sec. 7-313i. Firefighters cancer relief subcommittee established. Determination and remittance of wage replacement benefits. (a) There is established a firefighters cancer relief subcommittee of the Connecticut State Firefighters Association that shall consist of one member from the Connecticut State Firefighters Association, one member from the Connecticut Fire Chiefs Association, one member from the Uniformed Professional Firefighters of the International Association of Firefighters, one member from the Connecticut Fire Marshals Association, and one member from the Connecticut Conference of Municipalities. Such subcommittee shall review claims for wage replacement benefits submitted to the firefighters cancer relief program established pursuant to section 7-313j and provide wage replacement benefits, in accordance with the provisions of subsection (b) of section 3-123, to any firefighter who the subcommittee determines is eligible for such wage replacement benefits pursuant to the provisions of section 7-313j. The subcommittee may determine the weekly wage replacement benefits provided to a firefighter in accordance with the provisions of this chapter and chapter 568.
(b) A firefighter who is approved for wage replacement benefits by the subcommittee pursuant to subsection (a) of this section shall be eligible for such benefits on and after July 1, 2019, and for a period determined by the subcommittee, provided such period shall not exceed twenty-four months. The maximum weekly wage replacement benefit under this section shall be determined by the subcommittee, provided such maximum weekly wage replacement benefit shall not exceed one hundred per cent, raised to the next even dollar, of the average weekly earnings of all workers in the state for the year in which the condition of cancer was diagnosed. The average weekly earnings of all workers in the state shall be determined by the Labor Commissioner on or before the fifteenth day of August of each year, to be effective the following October first, and shall be the average of all workers' weekly earnings for the year ending the previous June thirtieth and shall be so determined in accordance with the standards for the determination of average weekly earnings of all workers established by the United States Department of Labor, Bureau of Labor Statistics.
(c) A firefighter may receive wage replacement benefits under this section concurrently with any employer-provided employment benefits, provided the total compensation of such firefighter during such period of receiving benefits under this section shall not exceed such firefighter's pay rate at the time such firefighter was diagnosed with a condition of cancer described in section 7-313j.
(d) No firefighter shall receive compensation under this section concurrently with the provisions of chapter 567 or 568 or any other municipal, state or federal program that provides wage replacement benefits.
(e) No approval of wage replacement benefits for a firefighter by the subcommittee pursuant to subsection (a) of this section shall be used as evidence, proof or an acknowledgment of liability or causation in any proceeding under chapter 568.
(f) No approval of wage replacement benefits for a firefighter by the subcommittee pursuant to subsection (a) of this section shall create a presumption that the firefighter's cancer was work related for purposes of chapter 568. Nothing in this section shall be construed to diminish or affect in any manner a firefighter's rights and benefits or any rights and defenses that an employer may have under chapter 568.
(g) Notwithstanding any other provision of the general statutes, any employer who provides accident and health insurance or life insurance coverage for a firefighter or makes payments or contributions at the regular hourly or weekly rate for the firefighter to an employee welfare plan, shall provide to the firefighter equivalent insurance coverage or welfare plan payments or contributions while the firefighter is eligible to receive or is receiving wage replacement compensation under this section. As used in this section, “employee welfare plan” means any plan established or maintained for such firefighter or such firefighter's family or dependents, or for both, for medical, surgical or hospital care benefits.
(h) The State Treasurer shall remit wage replacement benefits that are approved by the subcommittee from the firefighters cancer relief account established pursuant to section 7-313h not later than thirty days after such benefits have been approved.
(P.A. 16-10, S. 4; P.A. 22-139, S. 3.)
History: P.A. 16-10 effective February 1, 2017 (Revisor's note: An internal reference in P.A. 16-10, S. 4(c), to “section 4 of this act” was determined by the Revisors to properly refer to section 5 of said act and was therefore codified in Subsec. (c) as “section 7-313j”); P.A. 22-139 added new Subsec. (f) re approval of wage replacement benefits does not create a presumption that a firefighter's cancer was work related and redesignated existing Subsecs. (f) and (g) as Subsecs. (g) and (h), effective May 27, 2022.
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Sec. 7-313j. Firefighters cancer relief program established. (a) There is established a firefighters cancer relief program, the purpose of which is to provide wage replacement benefits to firefighters who are diagnosed with certain conditions of cancer as a result of their service as firefighters.
(b) A firefighter shall be eligible for wage replacement benefits for any condition of cancer affecting the brain, skin, skeletal system, digestive system, endocrine system, respiratory system, lymphatic system, reproductive system, urinary system or hematological system that results in death, or temporary or permanent total or partial disability, provided (1) such firefighter successfully passed a physical examination upon entry into such service, or subsequent to entry, as the case may be, that failed to reveal any evidence of such cancer, (2) such firefighter has submitted to annual physical examinations subsequent to entry into such service that have failed to reveal any evidence of such cancer or a propensity for such cancer, (3) such firefighter has not used any cigarettes, as defined in section 12-285, or any other tobacco products, as defined in section 12-330a, within fifteen years of applying for wage replacement benefits pursuant to subsection (b) or (c) of this section, (4) such firefighter has worked for not less than five years on or after February 1, 2017, as (A) an interior structural firefighter at a paid municipal, state or volunteer fire department, or (B) a local fire marshal, deputy fire marshal, fire investigator, fire inspector or such other class of inspector or investigator for whom the State Fire Marshal and the Codes and Standards Committee, acting jointly, have adopted minimum standards of qualification pursuant to section 29-298, at the time such cancer is discovered, or should have been discovered, (5) such firefighter has complied with the federal Occupational Safety and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156 for a period of not less than five consecutive years, and (6) such cancer is one that is known to result from exposure to heat, radiation or a known carcinogen as determined by the International Agency for Research on Cancer or the National Toxicology Program of the United States Department of Health and Human Services. For purposes of this subsection, “interior structural firefighter” means an individual who performs fire suppression, rescue or both, inside of buildings or enclosed structures that are involved in a fire situation beyond the incipient stage, as defined in 29 CFR 1910.155.
(c) Any individual who is no longer actively serving as a firefighter but who otherwise would be eligible for wage replacement benefits pursuant to the provisions of subsection (b) of this section, may apply for such benefits not more than five years from the date such individual last served as a firefighter.
(d) A firefighter or individual applying for wage replacement benefits pursuant to subsection (b) or (c) of this section shall be required to submit to annual physical examinations, including blood testing, during his or her active service and for a period of five years after the date such individual last served as a firefighter as a condition of receiving such benefits. An individual who no longer serves as a firefighter shall bear the cost of any physical examination required under this subsection.
(P.A. 16-10, S. 5.)
History: P.A. 16-10 effective February 1, 2017.
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Sec. 7-313k. Annual report re firefighters cancer relief account and firefighters cancer relief program. Not later than January 1, 2018, and annually thereafter, the State Treasurer, in consultation with the Connecticut State Firefighters Association, shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to public safety on the status of the firefighters cancer relief account established pursuant to section 7-313h and the firefighters cancer relief program established pursuant to section 7-313j. Such report shall include (1) the balance of the account, (2) the projected and actual participation in the program, and (3) the demographic information of each firefighter who receives benefits pursuant to such program, including gender, age, town of residence and income level.
(P.A. 16-10, S. 6.)
History: P.A. 16-10 effective February 1, 2017.
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Sec. 7-313l. Firefighter training on resilience and self-care techniques. In consultation with the Department of Mental Health and Addiction Services, the Commission on Fire Prevention and Control, the State Fire Marshal and the Codes and Standards Committee and any other state or municipal entity providing training to a firefighter, as defined in section 31-294k, shall provide resilience and self-care technique training for any individual who begins initial training as a firefighter on or after January 1, 2020.
(P.A. 19-17, S. 10.)
History: P.A. 19-17 effective July 1, 2019.
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Sec. 7-313m. Grants to distressed municipalities for volunteer firefighter training. (a) Not later than January 1, 2022, and annually thereafter, the chief of a volunteer fire department for a distressed municipality, as defined in section 32-9p, shall submit to the State Fire Administrator a report on the yearly average of the number of volunteer firefighters from such municipality's volunteer fire department who enrolled in Firefighter I certification and recruit training based on the preceding four years, except the year commencing January 1, 2020, shall not be included in any such four preceding years for purposes of calculating such average.
(b) For the fiscal year ending June 30, 2022, and each fiscal year thereafter, the State Fire Administrator shall award a grant to any distressed municipality with a volunteer fire department for the purposes of covering costs related to the provision of Firefighter I certification and recruit training for volunteer firefighters at regional fire schools. The amount of such grant award for each such distressed municipality shall be equal to the product of (1) the average cost of a Firefighter I certification and recruit training program at a regional fire school, and (2) the average number of volunteer firefighters from such distressed municipality's volunteer fire department who enrolled at a regional fire school for such certification and training.
(c) Not later than February 1, 2022, and annually thereafter, the State Fire Administrator shall submit, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies a report on the (1) reports submitted by the chiefs of volunteer fire departments of distressed municipalities pursuant to subsection (a) of this section, and (2) average cost of a Firefighter I certification and recruit training program at a regional fire school.
(June Sp. Sess. P.A. 21-2, S. 9.)
History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.
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Sec. 7-313n. (Note: This section is effective January 1, 2024.) Firefighters cancer relief account. Municipal contributions. (a) Each municipality within the state shall annually contribute, not later than December fifteenth of each year, ten dollars per firefighter within such municipality's district to the firefighters cancer relief account established pursuant to section 7-313h.
(b) Municipality contributions shall be based on the current number of career and volunteer firefighters within the municipality at the time of contribution.
(c) Municipalities shall only contribute funds for firefighters that: (1) Have submitted to annual physical examinations subsequent to entry into such service that have failed to reveal any evidence of such cancer or a propensity for such cancer; (2) have not used any cigarettes, as defined in section 12-285, or any other tobacco products, as defined in section 12-330a, within fifteen years; (3) have worked for not less than five years as (A) an interior structural firefighter at a paid municipal, state or volunteer fire department, or (B) a local fire marshal, deputy fire marshal, fire investigator, fire inspector or such other class of inspector or investigator for whom the State Fire Marshal and the Codes and Standards Committee, acting jointly, have adopted minimum standards of qualification pursuant to section 29-298.
(P.A. 22-139, S. 5.)
History: P.A. 22-139 effective January 1, 2024.
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Sec. 7-313o. Firefighter turnout gear. Maintenance and remediation of toxic substances. (a) The Joint Council of Connecticut Fire Service Organizations, in consultation with the Connecticut State Firefighters Association, must come up with a joint plan for maintenance and remediation of toxic substances on turnout gear. Such plan shall be submitted to the Commission on Fire Prevention and Control by July 1, 2023. Upon approval of such plan, the commission shall advise fire departments on implementation of the plan.
(b) Within ninety days of approval by the commission, each fire department shall adopt a plan for the maintenance and remediation of toxic substances on turnout gear.
(P.A. 22-139, S. 1.)
History: P.A. 22-139 effective May 27, 2022 (Revisor's note: In Subsec. (a), a reference to “Joint Counsel of Connecticut Fire Services Organization” and a reference to “Commission of Fire Prevention and Control” were changed editorially by the Revisors to “Joint Council of Connecticut Fire Service Organizations” and “Commission on Fire Prevention and Control”, respectively, for accuracy).
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*See Sec. 7-323r re supplemental grant award remittance program for volunteer fire companies providing emergency response services on specified highways.
Sec. 7-314. Definitions. Exemption from Freedom of Information Act. (a) Wherever used in this section and sections 7-314a and 7-322a, the word “municipality” includes each town, consolidated town and city, consolidated town and borough, city, borough, school district, fire district, fire and sewer district, sewer district, lighting district, improvement association or any other municipal corporation or taxing district, upon which is placed the duty of, or which has itself assumed the duty of, protecting its inhabitants from loss by fire; the term “fire duties” includes duties performed while at fires, while answering alarms of fire, while answering calls for mutual aid assistance, while returning from calls for mutual aid assistance, while directly returning from fires, while at fire drills or parades, while going directly to or returning directly from fire drills or parades, while at tests or trials of any apparatus or equipment normally used by the fire department, while going directly to or returning directly from such tests or trials, while instructing or being instructed in fire duties, while answering or returning from ambulance calls where the ambulance service is part of the fire service, while answering or returning from fire department emergency calls and any other duty ordered to be performed by a superior or commanding officer in the fire department; the term “active member of a volunteer fire company” includes all active members of said fire company, fire patrol or fire and police patrol company, whether paid or not paid for their services, except firemen who, because of contract of employment, come under the Workers' Compensation Act.
(b) The records and meetings of a volunteer fire department which is established by municipal charter or constituted as a not-for-profit Connecticut corporation shall not be subject to the provisions of the Freedom of Information Act, as defined in section 1-200, if such records and meetings concern fraternal or social matters. Records and meetings concerning matters of public safety, expenditures of public funds or other public business shall be subject to disclosure under said sections.
(1949 Rev., S. 910; 1959, P.A. 567, S. 1; 1963, P.A. 19; 1967, P.A. 892, S. 1; P.A. 79-376, S. 9; P.A. 86-408, S. 3, 4; P.A. 89-22, S. 1, 3; P.A. 96-83, S. 2, 3; P.A. 97-47, S. 15.)
History: 1959 act included members of fire patrol or fire and police patrol companies in definition of “active member of a volunteer fire company”; 1963 act included going to and returning from fire drills or parades and tests or trials of apparatus in definition of “fire duties”; 1967 act made technical changes; P.A. 79-376 substituted “workers' compensation” for “workmen's compensation”; P.A. 86-408 added Subsec. (b) exempting operational meetings of active members of volunteer fire department from requirements of freedom of information act; P.A. 89-22 added answering and returning calls for mutual aid assistance to the definition of fire duties; P.A. 96-83 amended Subsec. (b) by exempting from the Freedom of Information Act the records and meetings of a volunteer fire department established by municipal charter or constituted as a not-for-profit Connecticut corporation if such records and meetings concern fraternal or social matters and specified that records and meetings concerning public safety, expenditures of public funds or other public business are not exempt, effective May 8, 1996; P.A. 97-47 amended Subsec. (b) by substituting “the Freedom of Information Act, as defined in Sec. 1-18a” for list of sections.
Cited. 159 C. 53; 196 C. 192; 209 C. 268; 212 C. 100; 221 C. 393.
Cited. 15 CA 84.
Cited. 44 CS 230.
Subsec. (a):
Volunteer firefighters injured at “work party” while repairing firehouse roof are entitled to compensation if they were injured while performing actions that fell within definition of “fire duties” as “any other duty ordered to be performed by a superior or commanding officer in the fire department”. 285 C. 348.
Although plaintiff volunteer firefighters were injured while repairing roof of station house during “work night” organized by fire station's board of managers and supervised by fire chief, commissioner's determination that they had not been ordered to do so was supported by evidence showing that participation in event was voluntary; because plaintiffs' attendance at work night activities was voluntary, fact that they had been supervised by fire chief during project did not make those activities “fire duties” for purposes of qualifying for compensation under Subsec. 99 CA 42.
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Sec. 7-314a. Death, disability and injury benefits. Presumption. (a) Except as provided in subsections (e) and (f) of this section, active members of volunteer fire departments and active members of organizations certified as a volunteer ambulance service in accordance with section 19a-180 shall be construed to be employees of the municipality for the benefit of which volunteer fire services or such ambulance services are rendered while in training or engaged in volunteer fire duty or such ambulance service and shall be subject to the jurisdiction of the Workers' Compensation Commission and shall be compensated in accordance with the provisions of chapter 568 for death, disability or injury incurred while in training for or engaged in volunteer fire duty or such ambulance service.
(b) For the purpose of this section, the average weekly wage of a volunteer fireman or volunteer ambulance service member shall be construed to be the average production wage in the state as determined by the Labor Commissioner under the provisions of section 31-309.
(c) For the purpose of this section, there shall be no prorating of compensation benefits because of other employment by a volunteer fireman or volunteer ambulance service provider.
(d) For the purpose of adjudication of claims for the payment of benefits under the provisions of chapter 568, any condition of impairment of health occurring to an active member of a volunteer fire department or organization certified as a volunteer ambulance service in accordance with section 19a-180 while such member is in training for or engaged in volunteer fire duty or such ambulance service, caused by hypertension or heart disease resulting in death or temporary or permanent total or partial disability, shall be presumed to have been suffered in the line of duty and within the scope of his employment, provided such member had previously successfully passed a physical examination by a licensed physician appointed by such department or ambulance service which examination failed to reveal any evidence of such condition.
(e) Any member of a volunteer fire company or department or organization certified as a volunteer ambulance service in accordance with section 19a-180 performing fire duties or such ambulance service pursuant to a mutual aid understanding between municipalities shall be entitled to all benefits pursuant to this section and shall be construed to be an employee of the municipality in which his fire company or department or such ambulance service is located.
(f) Any member of a volunteer fire company or department and any temporary emergency worker utilized under subsection (d) of section 23-37, who performs fire duties under the direction of the State Forest Fire Warden, state forest fire personnel or district or deputy fire warden under the supervision of the State Forest Fire Warden pursuant to section 23-37, shall be construed to be an employee of the state for the purpose of receiving compensation in accordance with the provisions of chapter 568 for death, disability or injury incurred while performing such fire duties under such direction.
(1967, P.A. 892, S. 2; 1969, P.A. 464, S. 1; P.A. 79-376, S. 10; P.A. 89-22, S. 2, 3; P.A. 95-243, S. 1; June 18 Sp. Sess. P.A. 97-8, S. 84, 88; June 18 Sp. Sess. P.A. 97-10, S. 4, 7; P.A. 19-37, S. 2.)
History: 1969 act deleted provision distinguishing state and municipal employees acting as volunteer firemen from others in Subsec. (a) and added Subsecs. (c) and (d) prohibiting prorating of compensation benefits and making provisions concerning hypertension and heart disease; P.A. 79-376 substituted “workers' compensation” for “workmen's compensation”; P.A. 89-22 added Subsec. (e) concerning liability for workers' compensation coverage for firemen injured while performing duties pursuant to a mutual aid agreement, amending Subsec. (a) to reflect its inclusion; P.A. 95-243 added Subsec. (f) to include members of a volunteer fire company or department and any person summoned by the State Forest Fire Warden who performs fire fighting duty under such authority as an employee of the state for workers'compensation purposes and amended Subsec. (a) to refer to said subsection; June 18 Sp. Sess. P.A. 97-8 added volunteer and municipal ambulance service members as employees, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-10 deleted references to municipal ambulance service members as employees, effective July 1, 1997; P.A. 19-37 amended Subsec. (f) by deleting provision re person summoned by State Forest Fire Warden or state forest fire personnel, adding reference to temporary emergency worker and made technical and conforming changes, effective July 1, 2019.
Workmen's compensation commissioners have jurisdiction over claims arising under statute; volunteer firemen injured on duty come within this section, not Sec. 31-310, although regularly employed in an industry. 159 C. 53. Section speaks to the conduct of towns. 209 C. 268. Cited. 220 C. 739; 223 C. 911; 224 C. 479.
Cited. 15 CA 84; 37 CA 835; 38 CA 754. Term “fire duties” does not encompass conduct of volunteer firefighter departing firehouse to tend to his personal affairs. 180 CA 717; judgment affirmed, see 332 C. 93.
Cited. 44 CS 230.
Subsec. (a):
Volunteer firefighter's participation in basketball program arranged by the volunteer fire department does not constitute training. 281 C. 600.
“In training for” means a person is being trained in fire duties, rather than in general physical fitness. 95 CA 52.
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Sec. 7-314b. Collection of workers' compensation benefits by volunteer firefighters and members of volunteer ambulance services. (a) Any active member of a volunteer fire company or department engaged in volunteer fire duties or any active member of an organization certified as a volunteer ambulance service in accordance with section 19a-180 may collect benefits under the provisions of chapter 568 based on the salary of his employment or the amount specified in subsection (b) of section 7-314a, whichever is greater, if said firefighter or volunteer ambulance service provider is injured while engaged in fire duties or volunteer ambulance service.
(b) As used in this section, the terms “fire duties” includes duties performed while at fires, answering alarms of fire, answering calls for mutual aid assistance, returning from calls for mutual aid assistance, at fire drills or training exercises, and directly returning from fires, “active member of a volunteer fire company or department” includes all active members of said fire company or department, fire patrol or fire and police patrol company, whether paid or not paid for their services, “ambulance service” includes answering alarms, calls for emergency medical service or directly returning from calls for the emergency situations, duties performed while performing transportation or treatment services to patients under emergency conditions, while at any location where emergency medical service is rendered, while engaged in drills or training exercises, while at tests or trials of any apparatus or equipment normally used in the performance of such medical service drills, and “active member of an organization certified as a volunteer ambulance service in accordance with section 19a-180”; includes all active members of said ambulance service whether paid or not paid for their services.
(c) The provisions of subsection (a) of this section shall only apply if the volunteer firefighter or volunteer ambulance service provider is unable to perform his regular employment duties.
(P.A. 95-243, S. 2; June 18 Sp. Sess. P.A. 97-8, S 85, 88; June 18 Sp. Sess. P.A. 97-10, S. 5, 7.)
History: June 18 Sp. Sess. P.A. 97-8 added volunteer and municipal ambulance service members as employees, and defined the terms “ambulance service” and “active member of an organization certified as a volunteer or municipal ambulance service in accordance with section 19a-180”, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-10 deleted references to municipal ambulance service members as employees and in Subsec. (b) included fire drills or training exercises in definition of “fire duties”, effective July 1, 1997.
Term “fire duties” does not encompass conduct of volunteer firefighter departing firehouse to tend to his personal affairs. 180 CA 717; judgment affirmed, see 332 C. 93.
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Sec. 7-314c. Assumption of liability by the state for volunteer firefighters. The liability of a municipality shall not be affected by the implementation of sections 7-314a and 7-314b due to the assumption of liability by the state for benefits paid pursuant to the provisions of chapter 568 for volunteer firefighters.
(P.A. 95-243, S. 3.)
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Secs. 7-315 to 7-322. Death benefits; payments for injuries, for treatment of injuries and occupational disease and for total disability; insurance to provide payments; notice of claim; investigation of claim; benefits exempt from attachment. Sections 7-315 to 7-322, inclusive, are repealed.
(1949 Rev., S. 911–S. 918; 1949, 1953, S. 419d–S. 421d, S. 423d; 1955, S. 422d; 1957, P.A. 175; 1959, P.A. 567, S. 2–5; February, 1965, P.A. 353, 354, 387, 485; 1967, P.A. 892, S. 4.)
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Sec. 7-322a. Benefits for volunteers rendering service to another fire company. Any active member of a volunteer fire company who offers his services to an officer or person in charge of another fire company which is actively engaged in fire duties, and whose services are accepted by such officer or person, shall be entitled to receive all benefits payable under the provisions of sections 7-314 and 7-314a. Such payments shall be made by the municipality in which the fire company of which such a fireman is a member is located.
(February, 1965, P.A. 264; 1967, P.A. 892, S. 3; 1969, P.A. 464, S. 2.)
History: 1967 act made technical changes; 1969 act deleted provision restricting offer of services to other volunteer fire companies by removing word “volunteer”.
Applies to conduct of individuals. 209 C. 268.
Cited. 15 CA 84.
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Sec. 7-322b. Volunteers serving in municipality where employed. Fire and ambulance leaves. Enactment by municipality. List of participating members. Benefits. (a) Any active member of a volunteer fire company, as defined in section 7-314, or any emergency medical technician, as defined in section 19a-175, who is a member of an emergency medical service organization and employed between the hours of eight o'clock a.m. and five o'clock p.m. in a municipality other than the municipality in which the volunteer fire company or emergency medical service organization to which the individual belongs is located, may serve as a member of any volunteer fire company or emergency medical service organization located in the municipality where such individual is employed during such hours, subject to the provisions of this section. Nothing herein shall be construed to require any volunteer fire company or emergency medical service organization to accept the services of persons who are available for service pursuant to this section.
(b) Upon the request of a volunteer fire company or an emergency medical service organization, a municipality may, by vote of its legislative body, provide that the municipality and any person, firm or corporation located within such municipality which employs ten or more persons at one location shall allow any active member of a volunteer fire company, as defined in section 7-314, or any emergency medical technician, as defined in section 19a-175, to leave his place of employment, without loss of pay, vacation time, sick leave or earned overtime accumulation, to respond to an emergency to which a volunteer fire company or emergency medical service organization of the municipality is responding, subject to such conditions and regulations as the municipality may provide by ordinance. No employer shall (1) discharge, discipline or reduce the wages, vacation time, sick leave or earned overtime accumulation of any employee because such employee is a member in a volunteer fire company or emergency medical service organization or (2) require refusal to respond to an emergency as a condition of continued employment. The requirements of this section shall not be altered by any collective bargaining agreement.
(c) Any such member or technician who participates pursuant to this section shall register with the volunteer fire department or emergency medical service organization in the municipality in which such person is employed. Each volunteer fire company or emergency medical service organization shall maintain a list of individuals employed within the municipality where such volunteer fire company or emergency medical service organization is located and available to respond to an emergency between the hours of eight o'clock a.m. and five o'clock p.m.
(d) The services of a member of a volunteer fire company or emergency medical service organization who leaves a place of employment to respond to an emergency shall be provided in accordance with any internal operating procedures established by the volunteer fire company or emergency medical service organization.
(e) Any member of a volunteer fire company or emergency medical service organization who responds to an emergency pursuant to the provisions of this section shall be entitled to receive all benefits payable under the provisions of sections 7-314 and 7-314a. Such payments shall be made by the municipality in which the fire company or the emergency medical service organization of which such a fireman or technician is a member is located.
(f) Any volunteer fire company or emergency medical service organization may request the municipality where such company or organization is located to enact the provisions of this section. Such a request shall be made to the chief executive officer of the municipality and shall be considered by the legislative body.
(P.A. 89-379, S. 1; P.A. 96-180, S. 6, 166; June 18 Sp. Sess. P.A. 97-8, S. 86, 88.)
History: P.A. 96-180 amended Subsec. (a) by deleting reference to Sec. 19a-175(e), effective June 3, 1996; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (e) by deleting references to Secs. 19a-191 and 19a-192, effective July 1, 1997.
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Sec. 7-322c. Employers prohibited from discharging or discriminating against employees who are volunteer firefighters or members of volunteer ambulance services due to volunteer service. Remedies. (a) No employer shall discharge, or cause to be discharged, or in any manner discriminate against any employee who is an active volunteer firefighter or member of a volunteer ambulance service or company because such employee is late arriving to work or absent from work as a result of responding to a fire or ambulance call prior to or during the employee's regular hours of employment.
(b) Each employee covered by this section shall:
(1) Not later than thirty days after July 9, 2003, or the date on which the employee is certified as a volunteer firefighter or member of a volunteer ambulance service or company, whichever is later, submit to the employer a written statement signed by the chief of the volunteer fire department or the medical director or chief administrator of the ambulance service or company, as the case may be, notifying the employer of the employee's status as a volunteer firefighter or member of a volunteer ambulance service or company;
(2) Make every effort to notify the employer that the employee may report to work late or be absent from work in order to respond to an emergency fire or ambulance call prior to or during the employee's regular hours of employment;
(3) If unable to provide prior notification to the employer of a late arrival to work or an absence from work in order to respond to an emergency fire or ambulance call, submit to the employer a written statement signed by the chief of the volunteer fire department or the medical director or chief administrator of the volunteer ambulance service or company, explaining why the employee was unable to provide such prior notification;
(4) At the employer's request, submit a written statement from the chief of the volunteer fire department or the medical director or chief administrator of the volunteer ambulance service or company verifying that such employee responded to a fire or ambulance call and specifying the date, time and duration of such response;
(5) Promptly notify the employer of any change to the employee's status as a volunteer firefighter or member of a volunteer ambulance service or company, including, but not limited to, the termination of such status.
(c) An employee who is discharged or discriminated against in violation of this section may, not later than one year after the date of the violation, bring an action in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office, for the reinstatement of the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee would have otherwise been entitled if such violation had not occurred. The court may award the prevailing party costs, together with reasonable attorney's fees to be taxed by the court.
(d) For purposes of this section, “employer” means a person engaged in business who has employees, including the state and any of its political subdivisions.
(P.A. 03-259, S. 53.)
History: P.A. 03-259 effective July 9, 2003.
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Sec. 7-322d. Election of officers. Ballots exempt from Freedom of Information Act. Nothing in chapter 14 shall be construed to require the disclosure of secret ballots used for the election of an officer of a volunteer fire department.
(P.A. 11-220, S. 4.)
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Sec. 7-323. Application of part. Section 7-323 is repealed.
(1949 Rev., S. 919; 1967, P.A. 892, S. 4.)
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Sec. 7-323a. Definitions. As used in this part: “Municipality” and “legislative body” shall each have the same meaning ascribed to it in section 7-425; “participating municipality” means any municipality which votes to accept the provisions of this part; “fund” means the Policemen and Firemen Survivors' Benefit Fund established by this part; “Retirement Commission” means the State Retirement Commission created by chapter 66; “member” means any active uniformed policeman or active uniformed fireman receiving pay from a participating municipality who has been included by such municipality under the provisions of this part, and “compensation” means one-twelfth of the annual rate of pay of a full-time paid policeman or fireman of a participating municipality who is in active service and one-twelfth of the annual rate of pay immediately prior to the retirement of a full-time paid policeman or fireman of a participating municipality who is retired.
(1963, P.A. 390, S. 1; P.A. 75-293, S. 4.)
History: P.A. 75-293 added definition of “member”.
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Sec. 7-323b. Acceptance of part. Any municipality may, by ordinance, accept the provisions of this part, as to its policemen or firemen, or both, but such acceptance shall not repeal, amend or replace, or affect the continuance of, any pension system established in such municipality by or under the authority of any special act or charter provision and all such special acts or charter provisions shall remain in full force and effect until repealed or amended by the General Assembly or as provided by chapter 99. When such ordinance has been adopted by the legislative body of any municipality, a certified copy thereof shall be forwarded to the Retirement Commission by the clerk of such municipality. The effective date of participation shall be the first day of July at least ninety days subsequent to the receipt by the Retirement Commission of the certified copy of such ordinance or resolution. The Retirement Commission shall furnish to any municipality contemplating acceptance of this part, at the expense of such municipality, an estimate of the probable cost to such municipality of such acceptance. If any municipality accepts the provisions of this part as to its policemen or firemen, or both, and such municipality provides survivors' benefits for such policemen or firemen, or both, under authority of any special act or charter provision, any such policeman or fireman of such municipality for whom such benefits are provided may elect to be covered under the provisions of this part, provided such election shall be made within ninety days from the date upon which the municipality accepts the provisions of this part for such policeman or fireman and such election shall be in writing and filed with the clerk of the municipality and with the Retirement Commission. Upon such election, the survivors' benefits for such policeman or fireman provided under special act or charter provision shall cease, and only those benefits provided under the provisions of this part shall be available.
(1963, P.A. 390, S. 2; February, 1965, P.A. 197, S. 1.)
History: 1965 act specified section may be applied either to policemen or firemen or both instead of only to both and added provisions concerning election of benefits under policemen and firemen survivors' benefit fund rather than benefits provided under special act or charter provision.
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Sec. 7-323c. Benefit fund established. There is established a fund which shall be known as the Policemen and Firemen Survivors' Benefit Fund. The fund shall consist of contributions received from the following sources:
(a) Each full-time paid policeman and fireman covered by a municipality's acceptance of this part who does not enjoy survivors' benefits provided by special act or charter provision or who does enjoy survivors' benefits provided by special act or charter provision but who elected to be covered under this section, shall contribute one per cent of his compensation, to be deducted by the municipality and forwarded not less frequently than once a month to the Retirement Commission to be credited to the fund.
(b) Each participating municipality shall be liable to the fund for an initial payment in an amount to be determined by the Retirement Commission, which amount is necessary, in conjunction with the policemen and firemen's contribution, to start the fund on a sound actuarial basis.
(c) Each participating municipality shall pay annually to the Retirement Commission to be credited to the fund such amounts fixed by said commission as shall, in conjunction with the policemen and firemen's contribution, maintain the fund on a sound actuarial basis.
(d) Each participating municipality shall also pay annually a proportionate share of the costs of the administration of the fund as determined by the commission on the basis of the number of employees covered by this part in such municipality.
(e) The rates of contribution referred to in subsections (b) and (c) of this section shall be proportions of the pay of members, which shall each be uniform for each participating municipality; except that, if any error or omission in the data furnished to the commission by any municipality causes the contribution rate fixed by the commission for any year under subsection (c) to be insufficient, the entire amount of any required increase shall be charged to the municipality or municipalities by which such errors or omissions were made.
(1963, P.A. 390, S. 3, 7; February, 1965, P.A. 197, S. 2; 1967, P.A. 400.)
History: 1965 act amended Subsec. (a) to limit coverage to persons who do not enjoy survivors' benefits under special act or charter or who do enjoy such benefits but elect to be covered under this section; 1967 act required that necessary increase resulting from errors and omissions be charged to municipality which made error or omission under Subsec. (e).
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Sec. 7-323d. Actuarial studies of fund experience. The Retirement Commission shall make a complete actuarial study of the experience of the fund at intervals of not more than five years and shall thereupon readjust the contributions to be made by municipalities.
(1963, P.A. 390, S. 4.)
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Sec. 7-323e. Benefits. (a) When any full-time paid police officer or firefighter who was covered by the provisions of this part dies, either before or after retirement, the surviving spouse of such police officer or firefighter shall, until the death or remarriage of such spouse, receive out of the fund a monthly sum equal to thirty per cent of the compensation of such police officer or firefighter.
(b) During any period in which such spouse has one dependent child under eighteen years of age, provided such child was dependent on such police officer or firefighter at the time of death, such spouse shall receive from the fund an additional monthly sum equal to fifteen per cent of the compensation of such police officer or firefighter.
(c) During any period in which such spouse has two or more dependent children under eighteen years of age, provided such children were dependent on such police officer or firefighter at the time of death, such spouse shall receive from the fund an additional monthly sum equal to thirty per cent of the compensation of such police officer or firefighter.
(d) If no spouse survives such police officer or firefighter who, at death, has one or more dependent children under eighteen years of age, or upon the death or remarriage of the spouse while receiving monthly payments with respect to one or more dependent children as hereinbefore described, the Retirement Commission shall cause to be paid to the legal guardian of such dependent child or children under eighteen years of age, or in its discretion to the spouse if such spouse remarries, for the sole use and benefit of such child or children a monthly sum equal to thirty per cent of compensation in the case of one such child and forty-five per cent of compensation in the case of two or more children. In any case where payments under this section are being made with respect to one or two such children, as each such child reaches eighteen years of age payment as to such child shall cease.
(e) If no spouse or no dependent child or children under eighteen years of age survive such police officer or firefighter, and such police officer or firefighter is survived by a dependent father or mother, they shall receive, in a manner determined by the Retirement Commission, a monthly sum from the fund equal to that herein provided to be received by a spouse without dependent children, provided, no child or children shall be entitled to receive double benefits by reason of the death of both parents and such child or children shall receive the highest benefit payable by reason of the death of either parent.
(f) If no spouse or no dependent child or children under eighteen years of age and no dependent father or mother survive such police officer or firefighter, and such police officer or firefighter is survived by a beneficiary designated by such police officer or firefighter prior to death on a form prescribed by the Retirement Commission, such beneficiary shall receive an amount equal to the deceased's contributions under section 7-323c without interest. If no named beneficiaries survive such police officer or firefighter the aforesaid contributions, without interest, shall be paid to the executor or administrator of such deceased police officer or firefighter, or, at the option of the Retirement Commission, in accordance with the terms of section 45a-273.
(1963, P.A. 390, S. 5; February, 1965, P.A. 197, S. 3; 1971, P.A. 217; 1972, P.A. 50; P.A. 01-80, S. 2.)
History: 1965 act specified policemen and firemen for whom benefits will be paid are those who were covered under the provisions of this part rather than any full-time policeman or fireman “of a participating municipality”; 1971 act provided for payments to beneficiaries other than widow or children or to executor or administrator of estate; 1972 act made changes to remove references to specific gender, replacing “widow” with “surviving spouse”, etc. and prohibited children from receiving double benefits in cases where both parents die; P.A. 01-80 made technical changes for the purposes of gender neutrality, redesignated existing language as Subsecs. (a) to (f), increased the monthly sum given to a surviving spouse from 25% to 30% of compensation, increased the monthly sum given to certain surviving spouses with one dependent child from an additional sum equal to 12.5% to 15% of compensation, increased the monthly sum given to certain surviving spouses with two or more dependent children from an additional sum equal to 25% to 30% of compensation, and increased the amount of compensation to certain dependent children for the sole use and benefit of such children from 25% to 30% of compensation for one child and from 37.5% to 45% of compensation for two or more children.
Cited. 218 C. 610.
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Sec. 7-323f. Insurance policies to provide benefits authorized. (a) All contributions received by the Retirement Commission in accordance with this part shall be paid over daily to the State Treasurer, who shall be the custodian of the fund with power to invest and reinvest as much of said fund as is not required for current disbursement in accordance with the provisions of part I of chapter 32. All benefits, allowances and other payments authorized by this part shall be made from the fund upon vouchers approved by the Retirement Commission.
(b) The Retirement Commission in its discretion may direct that the Comptroller, with the approval of the Attorney General and the Insurance Commissioner, shall obtain a policy or policies of group insurance or a group annuity contract or contracts from one or more insurance companies licensed to do business in this state, which shall provide the benefits specified in section 7-323e in lieu of payment of such benefits from the fund. The premiums payable under any such policy or contract shall be paid from the fund. Any experience credit or dividend paid in connection with any such policy or policies or contract or contracts shall be added to such fund.
(1963, P.A. 390, S. 6; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 13, 348; P.A. 99-70, S. 2, 3.)
History: P.A. 77-614 made insurance department a division within the department of business regulation, effective January 1, 1979; P.A. 80-482 restored insurance division as independent department and deleted reference to abolished department of business regulation; P.A. 99-70 designated existing section as Subsec. (b) and added new Subsec. (a) requiring contributions to be paid over to the State Treasurer, effective May 27, 1999.
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Sec. 7-323g. Withdrawal of acceptance. A municipality may withdraw its acceptance of the provisions of this part, for either its policemen or firemen or both, by the same procedure as provided in section 7-323b for acceptance of this part, provided, if survivors' benefits are, at the time of withdrawal, being paid or due to be paid to survivors of policemen or firemen, or both, of the withdrawing municipality, the withdrawing municipality shall be liable to the fund for any additional sums necessary to continue payment of the survivors' benefits throughout the period when any such survivor shall be entitled to benefits under the terms of this part.
(February, 1965, P.A. 197, S. 4.)
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Sec. 7-323h. Municipal liability for maintaining benefits. Each municipality participating in the Policemen and Firemen Survivors' Benefit Fund established by this part shall be liable to the fund for the cost of maintaining for its employees the benefits herein, including all contributions collected from employees. The liability of a municipality under this part shall be enforceable by the Retirement Commission against such municipality through appropriate action in the Superior Court.
(1967, P.A. 480, S. 1.)
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Sec. 7-323i. Administration of fund. The administration of said fund, except as the same relates to the custody and investment of the fund, shall be entrusted to the Retirement Commission, which may employ actuarial, clerical and other assistance necessary for the purpose and which may make reasonable regulations for carrying out the provisions of this part including designation of the times at and manner in which the participating municipalities shall make the several payments required by this part. Each participating municipality shall furnish, at such times and in such manner as the Retirement Commission directs, information concerning the names, ages, length of service and pay of members employed by such municipality and any other data which the Retirement Commission determines to be necessary for the proper execution of this part and to give prompt notice of all appointments, removals, deaths, resignations, leaves of absence and changes in pay of members.
(1967, P.A. 480, S. 2.)
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Sec. 7-323j. Definitions. As used in this part, “commission” means the Commission on Fire Prevention and Control; “municipality” means town, city, consolidated town and city, consolidated town and borough, borough, school district, fire district, fire and sewer district, sewer district, lighting district or any other municipal corporation or taxing district upon which is placed the duty of, or which has itself assumed the duty of, protecting its inhabitants from loss by fire; “fire fighting duties” means and includes duties performed in connection with the suppression and prevention of fires, fire training and rescue, fire investigation, arson investigation, details and assignments to protect the public safety against fire and other related work; “firefighters” means any person who is regularly employed and paid by any municipality or by a contractor which is a nonprofit corporation for the purpose of performing fire fighting duties for a municipality on an average of not less than thirty-five hours per week or any volunteer who performs fire fighting duties and who elects to cooperate with the commission in accordance with section 7-323m.
(P.A. 73-649, S. 1, 5; P.A. 75-617, S. 1, 8; P.A. 83-566, S. 2, 6.)
History: P.A. 75-617 substituted commission on fire prevention and control for commission on fire fighting personnel standards and education, redefined “fire fighting duties” to include training and rescue and redefined firefighters to include volunteer firemen who elect to cooperate with commission; P.A. 83-566 amended the definition of “firefighters” to exclude persons paid by contractors organized for profit.
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Sec. 7-323k. Commission on Fire Prevention and Control. (a) There is established a Commission on Fire Prevention and Control to consist of twelve members appointed by the Governor. The State Fire Marshal or his or her designee and the president of the Connecticut State Colleges and Universities or his or her designee shall serve as ex-officio, voting members of said commission. Of the twelve members appointed by the Governor, two shall represent The Connecticut State Firefighter's Association, two shall represent the Connecticut Fire Chiefs Association, two shall represent the Uniformed Professional Firefighters of the International Association of Firefighters, AFL-CIO, two shall represent the Connecticut Fire Marshals Association, two shall represent the Connecticut Fire Department Instructors Association and two shall represent the Connecticut Conference of Municipalities.
(b) On or before July fifteenth, annually, each organization to be represented on said commission shall submit to the Governor a list of nominees for appointment to said commission, which list the Governor may use when making appointments to said commission. On or before September 1, 1975, the Governor shall appoint eight members of said commission to serve for a term of three years and on or before September 1, 1976, he shall appoint four members for a term of one year. Thereafter he shall appoint members to said commission, to replace those whose terms have expired, to serve for three years. Persons appointed to said commission shall be qualified, by experience or education, in the fields of fire protection, fire prevention, fire suppression, fire fighting and related fields.
(c) The commission shall meet at such times and at such places as it deems proper. Said commission shall elect from its membership a chairman, vice chairman and secretary who shall serve a one year term commencing on October first of the year in which they are elected, provided nothing contained herein shall prevent their reelection to such office. No member of said commission shall receive compensation for such member's services.
(d) Members of the commission shall not be considered as holding public office solely by virtue of their membership on said commission.
(e) The commission shall be within the Department of Emergency Services and Public Protection.
(P.A. 73-649, S. 2, 5; P.A. 75-617, S. 2, 8; P.A. 80-169, S. 1; P.A. 82-432, S. 1, 19; P.A. 89-260, S. 7, 41; P.A. 96-190, S. 6, 8; P.A. 11-48, S. 274; 11-51, S. 150; P.A. 16-15, S. 13.)
History: P.A. 75-617 substituted commission on fire prevention and control for commission on fire fighting personnel standards and education, substituted executive secretary of state technical colleges board of trustees or his designee for secretary of the state board of education, increased membership from nine to twelve members, increased from one to two the representatives of the Connecticut Fire Marshals Association, the Connecticut Fire Department Instructors Association and the Connecticut Conference of Mayors, amended appointment provisions in Subsec. (b) and made term three rather than two years and made executive secretary of technical colleges board of trustees, rather than director, responsible for providing facilities which no longer were required to be at Hartford State Technical College; P.A. 80-169 substituted director of technical colleges board of trustees for executive secretary and Connecticut Conference of Municipalities for Conference of Mayors in Subsec. (a) and deleted Subsec. (d), relettering Subsec. (e) accordingly; P.A. 82-432 added Subsec. (e) placing the commission in the department of public safety for administrative purposes only; P.A. 89-260 in Subsec. (a) substituted the “executive secretary of the board of trustees of community-technical colleges” for the “director of the board of trustees of the state technical colleges”; P.A. 96-190 amended Subsec. (a) to replace reference to secretary of community-technical colleges board of trustees with “chancellor” of community-technical colleges, effective July 1, 1996; P.A. 11-48 amended Subsec. (a) to make technical changes and replace “chancellor of the community-technical colleges” with “president of the Board of Regents for Higher Education”, effective July 1, 2011; P.A. 11-51 amended Subsec. (a) by changing “Firemen's” to “Firefighter's” and adding “Professional”, amended Subsec. (e) by removing commission from Department of Public Safety for administrative purposes only and placing commission in Department of Emergency Services and Public Protection, and made technical changes, effective July 1, 2011; P.A. 16-15 amended Subsec. (a) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016.
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Sec. 7-323l. Duties of Commission on Fire Prevention and Control. Regulations. (a) The commission shall:
(1) Recommend minimum standards of education and physical condition required of each candidate for any firefighter position;
(2) Establish standards for a fire service training and education program, on a voluntary basis, and develop and conduct an examination program to certify those fire service personnel who satisfactorily demonstrate their ability to meet the requirements of the fire service training and education program standards;
(3) Establish an optional fire service training and education program in the handling of incidents, such as wandering, that involve juveniles and adults with autism spectrum disorder, cognitive impairment or nonverbal learning disorder, provided the curriculum for such techniques is made available at no cost from (A) institutions of higher education, health care professionals or advocacy organizations that are concerned with juveniles and adults with autism spectrum disorder, cognitive impairment or nonverbal learning disorder, or (B) collaborations of such institutions, professionals or organizations;
(4) Conduct fire fighting training and education programs designed to assist firefighters in developing and maintaining their skills and keeping abreast of technological advances in fire suppression, fire protection, fire prevention and related fields;
(5) Recommend standards for promotion to the various ranks of fire departments;
(6) Be authorized, with the approval of the Commissioner of Emergency Services and Public Protection, to apply for, receive and distribute any state, federal or private funds or contributions available for training and education of fire fighting personnel;
(7) Recommend that the Commissioner of Emergency Services and Public Protection approve or reject the establishment of, or, when appropriate, suspend or revoke the approval of, regional fire schools in accordance with section 7-323u; and
(8) Submit to the Governor, the Joint Legislative Management Committee of the General Assembly and the Commissioner of Emergency Services and Public Protection an annual report relating to the activities, recommendations and accomplishments of the commission.
(b) The commission may recommend, and the Commissioner of Emergency Services and Public Protection may adopt, regulations in accordance with the provisions of chapter 54 as necessary to implement the provisions of this section.
(P.A. 73-649, S. 3, 5; P.A. 75-617, S. 3, 8; P.A. 80-169, S. 2; P.A. 83-566, S. 3, 6; P.A. 98-226, S. 2; P.A. 11-51, S. 151; 11-243, S. 4; P.A. 19-147, S. 2.)
History: P.A. 75-617 deleted reference to standards of temperament in Subsec. (a) and changed effective date of standards for use in hiring from January 1, 1975, to January 1, 1976; P.A. 80-169 replaced provisions of Subsec. (a) with requirement to recommend minimum standards of education and physical condition, replaced provisions for in-service training with new provisions for voluntary training and education program and reworded Subsecs. (c) and (d), removing from Subsec. (d) requirement for consultation with technical colleges' committee of fire technology and administration; P.A. 83-566 amended Subsec. (b), replacing references to “fire fighting” with “fire service” and amended Subsec. (e), authorizing commission to receive and distribute private funds or contributions for training and education of fire fighting personnel; P.A. 98-226 designated existing provisions as Subsec. (a), replacing alphabetic Subdivs. (a) to (f) with Subdivs. (1) to (6) and added Subsec. (b) giving the commission authority to adopt regulations; P.A. 11-51 amended Subsec. (a) by adding “with the approval of the Commissioner of Emergency Services and Public Protection” in Subdiv. (5) and by requiring annual report to be submitted to Commissioner of Emergency Services and Public Protection in Subdiv. (6), amended Subsec. (b) by removing commission's authority to adopt regulations, authorizing Commissioner of Emergency Services and Public Protection to adopt regulations, and authorizing commission to recommend regulations, and made technical changes, effective July 1, 2011; P.A. 11-243 amended Subsec. (a) by adding “state,” re funds available for training and education of fire fighting personnel in Subdiv. (5), adding new Subdiv. (6) re recommendation of approval or rejection of regional fire schools and redesignating existing Subdiv. (6) as Subdiv. (7); P.A. 19-147 amended Subsec. (a) by adding new Subdiv. (3) re optional fire service training and education program and redesignating existing Subdivs. (3) to (7) as Subdivs. (4) to (8), effective July 1, 2019.
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Sec. 7-323m. Exceptions, voluntary cooperation. This part shall not apply to any municipality which employs fewer than six paid firefighters or to any volunteer fire department or its employees or members. Any such municipality or volunteer fire department may elect to cooperate with the commission with regard to any provision of this part.
(P.A. 73-649, S. 4, 5; P.A. 75-617, S. 4, 8; P.A. 76-435, S. 43, 82.)
History: P.A. 75-617 specified applicability only with respect to departments having at least six “paid” firefighters; P.A. 76-435 made technical changes.
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Sec. 7-323n. Office of State Fire Administration. There is established an Office of State Fire Administration, which office shall: (a) Carry out the provisions of this part; (b) administer the state's responsibilities under federal laws relevant to fire service; (c) develop a master plan for fire prevention and control; and (d) carry out any other function which the commission may devise. Subject to the provisions of chapter 67, the commission may appoint such clerical and other assistants as it may deem necessary to carry out the provisions of this section.
(P.A. 75-617, S. 5, 8.)
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Sec. 7-323o. State Fire Administrator, appointment and duties. There is established the position of State Fire Administrator who shall be recommended by the Commission on Fire Prevention and Control and appointed by the Commissioner of Emergency Services and Public Protection and who shall: (1) Carry out the requirements of section 7-323n; (2) administer federal funds and grants allocated to the fire services of the state; (3) provide technical assistance and guidance to fire fighting forces of any state or municipal agency; (4) develop a centralized information and audiovisual library regarding fire prevention and control; (5) accumulate, disseminate and analyze fire prevention data; (6) recommend specifications of fire service materials and equipment and assist in the purchasing thereof; (7) assist in mutual aid coordination; (8) coordinate fire programs with those of the other states; (9) assist in communications coordination; (10) establish and maintain a fire service information program; and (11) review the purchase of fire apparatus or equipment at state institutions, facilities and properties and, on and after July 1, 1985, coordinate the training and education of fire service personnel at such institutions, facilities and properties. The provisions of this section shall not be construed to apply to forest fire prevention and control programs administered by the Commissioner of Energy and Environmental Protection pursuant to sections 23-33 to 23-57, inclusive.
(P.A. 75-617, S. 6, 8; P.A. 80-169, S. 3; P.A. 84-357, S. 2; P.A. 86-97, S. 1; P.A. 11-61, S. 81; 11-80, S. 1.)
History: P.A. 80-169 included fire control information as subject of concern for centralized library; P.A. 84-357 added Subdiv. (k), expanding the duties of administrator re fire equipment and personnel at state institutions, facilities and properties; P.A. 86-97 added provision clarifying the authority of the commissioner of environmental protection and substituted numeric Subdiv. indicators for alphabetic Subdiv. indicators; P.A. 11-61 required State Fire Administrator to be recommended by Commission on Fire Prevention and Control and appointed by Commissioner of Emergency Services and Public Protection, changed “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection” and made a technical change, effective July 1, 2011.
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Sec. 7-323p. State fire school. Training and education extension account. Auxiliary services account. (a) The Department of Emergency Services and Public Protection shall (1) maintain and operate a state fire school that shall serve as the training and education facility for the Commission on Fire Prevention and Control, and (2) provide training and educational services in accordance with the standards established pursuant to section 7-323l. The use of any hazardous material, as defined in section 29-307a, except a virgin fuel, is prohibited in the simulation of any fire. The Department of Emergency Services and Public Protection shall, in consultation with the commission, fix fees for training and education programs and sessions and for such other purposes deemed necessary for the operation and support of the school. Such fees shall be used solely for training and education purposes.
(b) The department may establish and maintain a state fire school training and education extension account, which shall be a separate account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The account shall be used for the operation of such training and education programs and sessions as said department may establish, for the purchase of such equipment as is required for use in the operation of such programs and sessions, and, within available funding, for (1) reimbursement to municipalities and municipal fire departments for one-half of the costs of Firefighter I certification and recruit training of municipal volunteer and paid fire service personnel, and (2) reimbursement to state agencies for one-half of the costs of Firefighter I certification and recruit training of state agency fire service personnel. All proceeds derived from the operation of the training and education programs and sessions shall be deposited in the General Fund and shall be credited to and become a part of the resources of the account. All direct expenses incurred in the conduct of the training, certification and education programs and sessions shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against the account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in the account to be used by the department for training and education programs and sessions, and for the acquisition, as provided by section 4b-21, alteration and repairs of real property for educational facilities, except such sums as may be required to be transferred from time to time to any fund for the redemption of bonds and payment of interest on bonds, provided repairs, alterations or additions to educational facilities costing fifty thousand dollars or less shall require the approval of the Commissioner of Administrative Services, and capital projects costing over fifty thousand dollars shall require the approval of the General Assembly or, when the General Assembly is not in session, of the Finance Advisory Committee.
(c) The Department of Emergency Services and Public Protection may establish and maintain a state fire school auxiliary services account, which shall be a separate account within the General Fund. The account shall be used for the operation, maintenance and repair of auxiliary service facilities and for such other auxiliary activities of the state fire school as said department determines. The proceeds of such activities shall be deposited in the General Fund and shall be credited to and become a part of the resources of the account. All direct expenses of operation, maintenance and repair of facilities, food services and other auxiliary activities shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against the account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in the account to be used for the improvement and extension of such activities, except such sums as may be required to be transferred from time to time to any fund for the redemption of bonds and payment of interest on bonds, provided repairs, alterations or additions to auxiliary service facilities costing fifty thousand dollars or less shall require the approval of the Commissioner of Administrative Services, and capital projects costing over fifty thousand dollars shall require the approval of the General Assembly or, when the General Assembly is not in session, of the Finance Advisory Committee. The department, with the approval of the Secretary of the Office of Policy and Management and the Finance Advisory Committee, may borrow from the resources of the General Fund at any time such sum or sums as it deems advisable, to establish or continue auxiliary services activities, such sums to be repaid in accordance with such schedule as the Secretary of the Office of Policy and Management shall establish.
(P.A. 83-566, S. 1, 6; P.A. 84-546, S. 14, 173; P.A. 86-312, S. 1, 21; 86-373, S. 2, 3; P.A. 87-496, S. 45, 110; June Sp. Sess. P.A. 07-4, S. 7; P.A. 11-51, S. 90, 152; P.A. 13-247, S. 200.)
History: P.A. 84-546 made technical change in Subsec. (a); P.A. 86-312 amended Subsecs. (b) and (c) to change training and education extension “fund” and auxiliary services “fund” to separate “accounts” within the general fund; P.A. 86-373 amended Subsec. (a) to prohibit use of any hazardous material in fire simulation; P.A. 87-496 replaced administrative services commissioner with public works commissioner; June Sp. Sess. P.A. 07-4 amended Subsec. (b) to provide the account contain any required moneys, add Subdivs. (1) and (2) re costs reimbursements and provide that expenses incurred for certification be charged to the account, effective July 1, 2007; P.A. 11-51 amended Subsec. (a) by requiring Department of Emergency Services and Public Protection, rather than Office of State Fire Administration, to maintain and operate fire school, designating provision requiring maintenance and operation of state fire school as Subdiv. (1), adding Subdiv. (2) re providing training and educational services, requiring department to fix fees in consultation with commission and making conforming changes, amended Subsec. (b) by requiring account to be used for operation of training and education programs, changing “education extension programs” to “education programs”, and providing that account shall be used within available funding for purposes in Subdivs. (1) and (2), amended Subsec. (c) by replacing “commission” with “Department of Emergency Services and Public Protection” and adding provision re approval of Secretary of the Office of Policy and Management, and made technical changes, effective July 1, 2011; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsecs. (b) and (c), effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsecs. (b) and (c), effective July 1, 2013.
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Sec. 7-323q. Indemnification of fire service instructors. The state shall save harmless and indemnify any person certified as a fire service instructor by the Commission on Fire Prevention and Control under section 7-323l from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in personal injury or property damage, which acts are not wanton, reckless or malicious, provided such person, at the time of the acts resulting in such injury or damage, was acting in the discharge of such person's duties (1) as an employee or member of a municipal, state or tribal nation fire department to provide fire service training and instruction for the other members or employees of such municipal, state or tribal nation fire department, (2) as a fire service instructor employed by said commission to provide fire service training and instruction on behalf of said commission, or (3) as a fire service instructor employed by a regional fire school to provide fire service training and instruction on behalf of such school.
(P.A. 89-278, S. 1; P.A. 10-51, S. 1.)
History: P.A. 10-51 added Subdivs. (1) to (3) re types of instructors indemnified and made technical changes.
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Sec. 7-323r. Supplemental grant award remittance program for volunteer fire companies providing services on limited access highways or on the Berlin Turnpike or a section of Route 8. Section 7-323r is repealed, effective July 1, 2022.
(June Sp. Sess. P.A. 05-3, S. 28; P.A. 22-118, S. 514.)
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Sec. 7-323s. Model guidelines re municipal emergency personnel. Municipal agreements re volunteer service of paid emergency personnel. (a) The State Fire Administrator, within available appropriations, shall develop model guidelines, on or before January 1, 2007, to be used by municipalities with paid municipal emergency personnel and municipalities with volunteer emergency personnel in entering into agreements authorizing volunteer emergency personnel to serve during personal time.
(b) A municipality with paid municipal emergency personnel and a municipality with volunteer emergency personnel may enter into an agreement authorizing paid emergency personnel to serve during personal time as active members of a volunteer fire department in the municipality in which they reside. In developing such agreements, such municipalities shall consider the model guidelines developed by the State Fire Administrator pursuant to subsection (a) of this section.
(c) The municipalities that are parties to an agreement entered into under subsection (b) of this section may request the Labor Commissioner to provide assistance, within available appropriations, in resolving such issues arising out of the agreement as the commissioner deems appropriate.
(P.A. 06-22, S. 1; P.A. 08-131, S. 1; P.A. 09-7, S. 1.)
History: P.A. 06-22 effective May 2, 2006; P.A. 08-131 designated existing provisions as Subsec. (a) and added Subsec. (b) re municipal agreements concerning volunteer service of paid emergency personnel and Subsec. (c) re requesting aid of Labor Commissioner to resolve issues re such agreements, effective June 5, 2008; P.A. 09-7 made a technical change in Subsec. (c), effective May 4, 2009.
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Sec. 7-323t. Municipal contracts prohibiting paid emergency personnel from volunteer service. On and after June 5, 2008, no municipality shall enter into a contract that prohibits paid firefighters or paid emergency personnel of such municipality from serving as active members of a volunteer fire department in the municipality in which such firefighters or emergency personnel reside during personal time.
(P.A. 08-131, S. 2.)
History: P.A. 08-131 effective June 5, 2008.
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Sec. 7-323u. Regional fire school. Notice and hearing. Appeals. Regulations. (a) The Commissioner of Emergency Services and Public Protection, in consultation with the Commission on Fire Prevention and Control and the Connecticut State Firefighters Association, shall approve the establishment of any regional fire school. Any municipality seeking to establish a regional fire school shall hold a public hearing in the municipality where the regional fire school is proposed to be established and, after the public hearing, submit an application to the commissioner. Not later than sixty days after such application, the commissioner, in consultation with the commission and the Connecticut State Firefighters Association, shall approve or deny the application.
(b) The commissioner may, in consultation with the commission and the Connecticut State Firefighters Association, suspend or revoke the approval of any regional fire school that fails to meet the standards established by the commissioner in accordance with section 7-323l or any regulations adopted in accordance with subsection (c) of this section, provided the commissioner shall not suspend or revoke the approval of any regional fire school approved prior to October 1, 2011. The commissioner shall immediately send written notice of its decision to suspend or revoke approval to the regional fire school affected. Not later than ten days after receiving notice that the commissioner has revoked or suspended approval of such regional fire school, the recipient may request a hearing. Not later than thirty days after the commissioner receives such request, the commissioner shall hold a hearing in accordance with chapter 54. Any appeal of the hearing's outcome shall be in accordance with section 4-183.
(c) The Commissioner of Emergency Services and Public Protection, in consultation with the commission and the Connecticut State Firefighters Association, shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section.
(P.A. 11-243, S. 3.)
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Sec. 7-323v. Payments to volunteer fire companies for providing services on limited access highways or on sections of the Berlin Turnpike or Route 8. (a) The State Fire Administrator shall, within available appropriations, pay five hundred dollars to each volunteer fire company for each call to which it responds on (1) a limited access highway, designated pursuant to section 13b-27, (2) the section of the highway known as the Berlin Turnpike, which begins at the end of the existing Wilbur Cross Parkway in the town of Meriden and extends northerly along Route 15 to the beginning of a section of limited access highway in the town of Wethersfield known as South Meadows Expressway, or (3) the section of Route 8 in the town of Beacon Falls which is within the boundaries of the Naugatuck State Forest.
(b) No municipality that provides funds to a volunteer fire company may reduce such funding based on the payments that such company receives, or is anticipated to receive, under subsection (a) of this section.
(P.A. 22-146, S. 14.)
History: P.A. 22-146 effective July 1, 2022.
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