An Act relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth
Makes significant structural reforms to policing in Massachusetts by implementing changes to training, establishing certification of law enforcement officers, and providing for continuing assessment of the role of race in our state institutions.
INDEPENDENT POLICE STANDARDS AND TRAINING COMMISSION:
The civilian commission is comprised of 7 members to certify, restrict, revoke, or suspend certification for law enforcement officers, agencies, and academies. The commission can refer cases for criminal prosecution to the Attorney General and reports annually to the Legislature, Governor, and the Attorney General. Requires the commission to maintain a publicly available database of decertified officers, officer certification suspensions, and officer retraining. Administers and enforces use of force standards set by the Division of Police Training and Certification.
DIVISION OF POLICE TRAINING AND CERTIFICATION:
Comprised of experts in law enforcement charged with establishing uniform policies and standards for the training and certification of all law enforcement officers including a basic recruit training curriculum and an in-service training curriculum for law enforcement officers, and specialized training for specific agencies, subject to the approval of the commission.
DIVISION OF POLICE STANDARDS:
Independent division to investigate officer misconduct and make disciplinary recommendations to the commission and prohibits employees of the division of standards to have previously been employed as a law enforcement officer. Creates a process to address minor complaints.
LIMITS ON USE OF FORCE:
Establishes strict limits and reporting on the use of physical force and deadly force including firing into a fleeing vehicle, use of less than lethal weapons including tear gas, rubber pellets, canines. Choke holds are banned.
FACIAL RECOGNITION:
Authored by Rep. Rogers, this bans the use of facial recognition technology and biometric surveillance by all public agencies except the RMV, and even then requires law enforcement to have a warrant or reasonable belief of immediate threat before use.
HIRING STANDARDS:
Ensures that the state will have consistently high standards for officers and training by prohibiting anyone on the National Decertification Index or state database from being hired by a municipality as a police officer, and requiring all law enforcement officers to complete required training. Includes an amendment requiring officer training on de-escalation and responding to community members with intellectual and developmental disabilities.
DUTY TO INTERVENE:
Requires an officer to intervene when witnessing a misuse of force.
QUALIFIED IMMUNITY:
Establishes a limited exemption from qualified immunity for a law enforcement officer who, after a full investigation, is found to meet a “clear and convincing evidence” threshold for decertification. Establishes an appeals process and parameters around criteria for decertification.
“NO KNOCK” WARRANTS:
Prohibits no-knock warrants unless issued by a justice of the superior court and the affidavit supporting the request establishes probable cause that if the officer announces their presence their life or the lives of others will be endangered.
STATE POLICE:
Allows the colonel to be appointed from outside the state, requires training to be subject to the approval of CPTC.
SPECIAL COMMISSIONS AND TASK FORCES:
Establishes a number of special commissions including a permanent commission on the status of African Americans and commissions on a) the use of face recognition technology by the Massachusetts Dept. of Transportation b) civil service law c) body cameras d) law enforcement officer cadet program e) structural racism in correctional facilities f) structural racism in the parole process and g) structural racism in the probation services.
