TITLE VII
SHERIFFS, CONSTABLES, AND POLICE OFFICERS
Chapter 106-L
POLICE STANDARDS AND TRAINING COUNCIL
Section 106-L:1
106-L:1 Findings and Policy. –
I. The legislature finds that the administration of criminal justice is of statewide concern; that police and corrections work are important to the health, safety, and welfare of the people of this state; that police and corrections work are of such a nature as to require education and training of a professional character; and that it is in the public interest that such education and training be made available to persons who seek to become police and corrections officers, persons who are serving as police and corrections officers in a temporary or probationary capacity, and persons already in regular service.
II. Further, the legislature finds that law enforcement officers are vested with responsibilities that require high standards of moral character, integrity, knowledge and trust. In support of these heightened responsibilities and to continuously strive for public confidence in law enforcement officers, the law enforcement conduct review committee is created at New Hampshire police standards and training council.
Source. 2017, 206:1, eff. Sept. 8, 2017. 2022, 312:1, eff. Jan. 1, 2023.
Section 106-L:2
106-L:2 Definitions. –
In this chapter:
I. "Committee" means the law enforcement conduct review committee.
II. "Council" means the police standards and training council.
II-a. "Court security officer" means a security officer employed by the judicial branch who performs such duties as may be established under the order and direction of the chief justice of the supreme court.
III. "Director" means the director of the police standards and training council.
IV. "Law enforcement officer" means any individual who is:
(a) Employed by a local, municipal, county, or state governmental agency, or public university, in the state of New Hampshire;
(b) Certified or certifiable by the police standards and training council; and
(c) Responsible for the prevention, detection, or prosecution of crimes and the enforcement of the laws of the state and of its political subdivisions; and at least one of the following:
(1) Has full general arrest powers, or
(2) Is a certified or certifiable state corrections officer, or
(3) Is a certified or certifiable state probation-parole officer.
V. "Misconduct" means:
(a) An officer has been convicted of one or more the following:
(1) A crime which constitutes a felony in this or any other state;
(2) A misdemeanor for which there was a sentence of incarceration, regardless of whether all or part of the sentence was suspended;
(3) Driving while intoxicated in this or any other state;
(4) A crime of moral turpitude. "Moral turpitude" means an illegal act involving dishonesty, deceit, theft, or willful misrepresentation, or a crime which tends to bring discredit on the police or corrections service. A crime of moral turpitude shall include those crimes listed in POL 402.02(a)(4); or
(b) A sustained finding that the officer has engaged in conduct negatively reflecting on the officer's trustworthiness or credibility, including but not limited to:
(1) A deliberate and material lie during a civil, administrative, or criminal proceeding, in a police report, an internal investigation, or an investigation conducted by the New Hampshire police standards and training council;
(2) A falsification of records or evidence in an investigation or official proceeding; or
(3) A misrepresentation or tampering with official records or reports, tampering with witnesses or falsifying evidence; or
(c) A sustained finding that during the course of the officer's official duties, the officer engaged in discriminatory conduct on the basis of age, sex, sexual orientation, gender identity, race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or
(d) A sustained finding that the officer engaged in conduct, whether on or off duty, that would adversely reflect on their fitness to perform law enforcement or corrections duties to include engaging in racist conduct or making racist statements; or
(e) A sustained finding that the officer engaged in acts or omissions of conduct which would cause a reasonable person to have doubts about the individual's honesty, fairness, and respect for the rights of others and for the laws of the state or nation; or
(f) A sustained finding that the officer knowingly committed an egregious dereliction of duty resulting in a preventable fatality or serious bodily injury or resulting in the deprivation of constitutional rights or leads to the failure of someone to be prosecuted for a felony; or
(g) A sustained finding that during the course of the officer's official duties, the officer engaged in the use of excessive and illegal force.
VI. "State corrections officer" means any sworn classified employee of the New Hampshire department of corrections who is responsible for the physical custody and security of inmates at a state correctional institution and is authorized by law to use force to prevent escapes from such institution.
VII. "Sustained finding" means a final determination on the merits of an allegation only after the completion of the grievance or legal appeal process, and after the officer has exhausted all appellate rights, unless the grievance or legal process determines that the alleged misconduct was unfounded, not sustained, or that the officer was exonerated.
VIII. "State probation-parole officer" means any sworn employee of the New Hampshire department of corrections who is responsible for the supervision of probationers and parolees, who has an assigned caseload, and who has the authority to arrest for violations of the rules of probation or parole.
IX. "Valid complaint" means a statement in writing made by a person who identifies themselves to the council or any law enforcement agency that alleges a certified law enforcement officer, state corrections officer, or probation parole officer has committed an act or acts of misconduct.
X. "Valid investigation" means an investigation conducted pursuant to a law enforcement agency's established or accepted procedures. An investigation shall not be valid if:
(a) The agency has not adopted an effective internal affairs program;
(b) The agency refuses, without any legitimate basis, to conduct an investigation;
(c) The agency intentionally did not report allegations to the council as required;
(d) The agency attempts to cover up the misconduct or takes an action intended to discourage or intimidate a complainant;
(e) The agency's executive officer is the officer accused of the misconduct; or
(f) The agency's findings or conclusions are clearly not supported by the evidence or contain material errors or omissions of fact or law.
XI. "Administrative suspension" means a temporary and non-disciplinary suspension of the certification of a police officer, corrections officer, or probation-parole officer for regulatory purposes pending an investigation or hearing.
Source. 2017, 206:1, eff. Sept. 8, 2017. 2022, 312:2, eff. Jan. 1, 2023. 2023, 71:1, eff. Aug. 6, 2023.
Section 106-L:3
106-L:3 Police Standards and Training Council. –
I. There is established a police standards and training council. It shall consist of the following members:
(a) Two members shall be a chief of police in a town or for a university;
(b) Two members shall be chiefs of police in cities;
(c) Two members shall be county sheriffs;
(d) Two members shall be judges of courts with criminal jurisdiction;
(e) A professor from a New Hampshire college or university whose primary teaching responsibilities are in the field of criminal justice or similar course of study;
(f) A law enforcement officer of a town or city employed at a rank below lieutenant;
(g) The director of the division of state police, or designee;
(h) The attorney general, or designee;
(i) The commissioner of the department of corrections, or designee; and
(j) Four public members, none of whom shall be a certified police officer, lawyer, or judge, and none of whom shall have a spouse, sibling, or parent, by birth, adoption, or marriage, who is a certified police officer, lawyer, or judge.
II. Except for the members appointed pursuant to subparagraphs I(g)-(i) who shall serve during their continuance in office, members of the council shall be appointed by the governor for terms of 2 years. No member shall serve beyond the time that the office or employment which qualified such member for appointment. Any vacancy on the council shall be filled for the unexpired term in the same manner as the original appointment is held. Persons filling vacancies shall be appointed to serve out the unexpired term and shall have the same qualifications for office as the member whose vacancy they are filling.
III. The governor shall designate a member to be the chairperson of the council, and the council shall elect annually its vice chairperson from among the members of the council.
IV. Notwithstanding the provisions of any statute, ordinance, local law, or charter provision to the contrary and except as otherwise provided in subparagraph I(i) regarding qualification of public members, membership on the council shall not disqualify any member from holding any other public office or employment, or cause the forfeiture of any office or employment.
V. Members of the council shall serve without compensation, but shall be entitled to receive reimbursement for any actual expenses incurred as a necessary incident to such service.
VI. The council shall hold no fewer than 4 regular meetings a year. The chairperson shall fix the times and places of meetings, either on the chairperson's own motion or upon written request of any 5 members of the council.
VII. The council shall report annually to the governor and executive council on its activities, and may make such other reports as it deems desirable.
Source. 2017, 206:1, eff. Sept. 8, 2017. 2022, 312:3, eff. Jan. 1, 2023.
Section 106-L:4
106-L:4 Executive Branch Jurisdiction. –
The police standards and training council, its committees, and its employees are an executive branch agency pursuant to RSA 21-G:6-b, III. The council, the director, and employees hired by the director performing the functions required by this chapter shall be subject to RSA 7:8, RSA 541-B, and RSA 99-D, and contracts by them shall be subject to attorney general review and review and approval by the governor and executive council.
Source. 2017, 206:1, eff. Sept. 8, 2017. 2022, 312:4, eff. Jan. 1, 2023.
Section 106-L:5
106-L:5 Powers. –
In addition to other powers given to the council by this chapter, it may:
I. Adopt rules for the administration of this chapter in accordance with the provisions of RSA 541-A.
II. Require submission of reports and information from law enforcement and corrections agencies within this state that may be pertinent to the effective functioning of the council.
III. For the purposes of a disciplinary hearing, investigate, review investigative reports, subpoena and examine witnesses under oath, take oaths or affirmations, and reduce to writing testimony given at any hearing. Any person whose rights or privileges may be affected at such a disciplinary hearing may appear with witnesses and be represented by counsel. A disciplinary hearing shall be public; however, a portion of the hearing may be closed to the public only if the party seeking closure can prove with specificity that the portion of the hearing will reveal confidential information that creates a compelling interest outweighing the public's presumed right of access. The council may, in a nonpublic session, hear and consider the request for closure and rule on such request.
IV. Establish minimum educational and training standards for employment as a police officer, state corrections officer, or state probation-parole officer either in permanent positions or in temporary or probationary status.
V. Certify persons as being qualified under the provisions of this chapter to be police officers, state corrections officers, state probation-parole officers, or certified border patrol agents for the purposes of RSA 594:26, and establish rules under RSA 541-A for the investigation, suspension, or revocation of the certification of such persons in the case of egregious misconduct or failure to comply with council standards.
VI. Establish entrance, student conduct, and curriculum requirements for preparatory, in-service, and advanced courses and programs for schools operated by or for the state or its political subdivisions for the specific purpose of training police, state corrections, or state probation-parole recruits or officers or tuition students at such programs.
VII. Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of police and corrections training schools and programs or courses of instruction, and the development of standards and methodology for the voluntary accreditation of police departments in the state.
VIII. Offer the educational material and, as appropriate, training relative to the human immunodeficiency virus and related issues prepared and developed pursuant to RSA 141-F:3, II.
IX. Establish, maintain, certify, or approve institutions and facilities for training police officers, state corrections officers, or state probation-parole officers, and recruits for such positions.
X. Make or cause to be made studies of any aspect of police or corrections education and training or recruitment.
XI. Prepare and make available, upon request, model policies and procedures to assist law enforcement agencies in preparation of written policies.
XII. Establish and maintain a voluntary certification program for police canines and canine handlers.
XIII. Make recommendations concerning any matter within its purview pursuant to this chapter.
XIV. Make such investigations as may be necessary to determine whether law enforcement officers and governmental units are complying with the provisions of this chapter.
XV. Adopt and amend bylaws, consistent with law, for its internal management and control.
XVI. Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter.
XVII. Accept in the name of the state any and all donations or grants, both real and personal, from any governmental unit or public agency, or from any institution, person, firm, or corporation. The council shall receive, utilize, and dispose of all donations and grants subject to budgetary provisions and according to the rules of the council and consistent with the purposes or conditions of the donation or grant. The receipt of a donation or grant shall be noted in the annual report of the council. The report shall identify the donor, the nature of the donation or grant, and the condition of the donation or grant, if any. Any moneys received by the council pursuant to this paragraph shall be deposited in the state treasury to the account of the council and shall not lapse.
XVIII. Nominate and appoint a director of police standards and training for a term of 4 years who shall report to the police standards and training council, and who shall be an unclassified employee, and whose salary shall be established by RSA 94:1-a. All other employees shall be hired by the director and shall be classified employees. The director shall have practical and academic knowledge in the field of law enforcement, including substantial administrative experience and a degree or degrees in criminology, police administration, or other similar field or any equivalent combination of education and experience.
XIX. The council may delegate to the director of police standards and training any powers and duties enumerated in this chapter.
XX. The director may grant authority to any certified full-time police officer or attorney employed by the council to serve as an assistant director, law enforcement training specialist, or investigator to enforce the provisions of this chapter and any rules adopted under this chapter, and cooperate and exchange information with any local, state, or federal law enforcement agency relative to the qualification and moral fitness of applicants for employment or continued employment as police officers or corrections officers. Certified full-time law enforcement officers employed by the council shall maintain their law enforcement certification during their employment with the council, shall have statewide law enforcement authority, and shall be recognized as a peace officer as defined by RSA 594:1, III.
XXI. The council may appoint, after consultation with the commissioner of corrections, a corrections advisory committee from a list of nominees submitted by the director. The members shall serve without compensation at the pleasure of the council and shall consist of one representative of the management of each adult correctional facility operated by the department of corrections, one representative each from prison industries, the secure psychiatric unit, and probation-parole, one medical professional from within the correctional system, one state corrections officer chosen by the New Hampshire state employees' association, and one representative of a county correctional institution chosen by the New Hampshire Association of Counties. The committee shall meet not less than twice in each fiscal year at the call of the director, and shall advise the council as requested on issues coming before it concerning corrections standards and training.
XXII. Adopt rules and establish fees to implement the provisions of the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. section 926C(d)(2)(B) in accordance with RSA 541-A.
XXIII. The council shall assess whether law enforcement agencies are in compliance with this chapter and whether they have sufficient policies and procedures to handle internal affairs investigations governing allegations of misconduct.
XXIV. Upon receipt of written notification of the arrest of a law enforcement officer by the council, to include a copy of the charging document, the director may impose an immediate and temporary administrative suspension of the involved officer's certification. The aggrieved officer may file a written petition with the council to be heard at the next regularly scheduled council meeting on the administrative action. The administrative suspension or the failure of the officer to request such hearing shall not be prejudicial. Until such time that the matter is heard and decided on by the council, or resolved by informal process approved by the council, the administrative suspension shall remain in place.
XXV. The council may impose any of the following sanctions on a law enforcement officer's certification upon its final finding on clear and convincing evidence that a law enforcement officer committed misconduct or violated any administrative rule:
(a) A written warning;
(b) A suspension, that may run concurrent with the length and time of any suspension imposed by the employing law enforcement agency with an effective internal affairs program, which shall amount to suspension for time already served if an officer has already served a suspension imposed by the employing agency with such a program;
(c) A suspension independent and unilateral from any locally imposed suspension and with the option of recertification at the discretion of the council; or
(d) A permanent revocation.
XXV-a. Upon the request of, and with the approval of, the chief justice of the supreme court, develop a court security officer training and certification program to provide for the education, training, and certification of court security officers by the council. The council may enter into such agreements with the judicial branch as may be necessary to implement a court security officer education, training, and certification program.
XXVI. Nothing in this chapter shall replace or hinder the ability of a law enforcement agency to investigate, discipline, or take any action against an employee consistent with their rules, regulations, and collective bargaining agreements within the context of the employer/employee relationship. Further, nothing in this chapter shall limit the ability of the department of justice or county attorney with jurisdiction to investigate or prosecute any criminal conduct.
Source. 2017, 206:1, eff. Sept. 8, 2017. 2021, 225:1, eff. Aug. 25, 2021. 2022, 312:5-9, eff. Jan. 1, 2023. 2023, 71:2, eff. Aug. 6, 2023.
Section 106-L:6
106-L:6 Education and Training Required. –
I. The council shall provide by rule that after one year from the effective date of the rule no person shall be appointed as a police officer, state corrections officer, or state probation-parole officer, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of police, corrections, or probation-parole training appropriate to such person's position at a school approved by the council. No such officer who lacks the educational and training qualifications required by this section may have the temporary or probationary employment extended beyond 2 years.
II. Every elected police officer shall be required to satisfactorily complete a preparatory program of police training at a school approved by the council. Any elected officer who has not complied with the educational and training requirements of this paragraph within 6 months after election shall be removed from office by the governing body of the governmental unit by which such officer was elected; provided, however, that the council may, for such reasons as it may specify in its rules, grant an extension of this time limit not to exceed an additional 6 months. A governing body which has removed an elected police officer from office under the provisions of this paragraph shall appoint a police officer to fill the vacant office. The appointed police officer shall continue to hold office until the elected officer who was removed has complied with the educational and training requirements of this paragraph or until an election is held, whichever occurs first. If any police officer who has failed to comply with the educational and training requirements of this paragraph is reelected, such officer shall not take office without permission of the council. If a noncomplying police officer who has not obtained the permission of the council to take office is reelected, the governing body of the governmental unit by which such officer was elected shall appoint a police officer to fill the vacant office. The appointed police officer shall continue to hold office until the elected officer has complied with the educational and training requirements of this paragraph or until an election is held, whichever occurs first.
III. The council, by rules adopted under RSA 541-A, shall establish the standards for physical and mental fitness under paragraphs IV-XI and shall fix other qualifications for the appointment of police officers, state corrections officers, and probation-parole officers, including minimum age, physical and mental standards, citizenship, good moral character, experience, and other such matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of their offices. The council shall prescribe the means for presenting evidence of the fulfillment of these requirements.
IV. The council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, prior to assuming their duties, successfully pass a medical examination including a drug screening administered under the direction of a licensed physician according to protocols adopted by the council. Such examination, when conducted, shall be valid for a period of one year for purposes of application for employment.
V. The council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, as a condition of admission to a basic or reciprocal certification training program successfully pass a physical fitness performance test administered according to standards adopted by the council.
VI. The council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, prior to assuming their duties, successfully pass a psychological screening test battery administered under the direction of a licensed psychologist or psychiatrist according to protocols adopted by the council and designed to detect behavioral traits that could adversely affect the person's ability to perform the essential functions of a law enforcement officer. Such an examination shall be valid for a period of one year from the date of administration for purposes of application for such employment.
VII. Beginning January 1, 2001, the police standards and training council shall require that all certified police officers, state corrections officers, and probation-parole officers, hired after that date, as a condition of continued certification and employment furnish the council every 3 years with a certificate from a licensed physician, physician's assistant, or registered nurse practitioner who has conducted a medical examination of the officer according to protocols adopted by the council, certifying that in the opinion of the examiner the officer is physically capable of participating in the council's physical fitness test.
VIII. Any officer who is unable to meet the medical requirements of paragraph VII may request an additional medical examination by a physician chosen by the council. If the officer is still unable to meet the standards, such officer's certification shall be placed in a probationary status for a period of up to 2 years, during which time the officer may request re-examination at any time. If following the 2-year period the officer is still unable to meet the standards, the officer's certification shall be suspended until such time as such officer obtains the medical certification required in paragraph VII.
IX. Beginning January 1, 2001, the police standards and training council shall require that all certified police officers, state corrections officers, and probation-parole officers, hired after that date, as a condition of continued certification and employment every 3 years pass a physical fitness performance test administered by the hiring authority or the council, according to protocols adopted by the council.
X. Any officer who is unable to meet the physical fitness performance requirements of paragraph IX may request an additional physical fitness performance test administered by the council. If the officer is still unable to meet the standards, such officer's certification shall be placed in a probationary status for a period of up to 2 years, during which time the officer may request re-examination at any time. If, following the 2-year period, the officer is still unable to meet the standards, the officer's certification shall be suspended until such time as such officer is able to pass the physical performance test.
XI. In any case where the council has reasonable grounds to doubt that the medical examination performed as required in paragraph VII was performed in accordance with the appropriate protocols, the council may require the officer to submit to a separate examination by a physician selected by the council, at the council's expense.
XII. A licensed physician, psychiatrist, psychologist, or person acting under the licensee's supervision, whose examination administered under this chapter results in an employment decision adverse to a police, corrections, or probation-parole officer shall be immune from suit resulting from such examination or decision, providing such examination is conducted in good faith, not in a wanton or reckless manner.
XIII. To the extent required to comply with federal or state law, the council may grant a waiver, with respect to employment at a specific agency, to an officer who cannot meet the standards in paragraphs VII-X.
XIV. Nothing in this section shall prevent individual hiring agencies from adopting physical fitness programs for their officers that are more stringent or frequent than those required in this section.
XV. Except as provided in paragraph XI and notwithstanding other provisions of law to the contrary, a hiring authority may assess a testing fee to cover all or part of the cost of any medical or psychological examination in cases where the person has been given a conditional offer of employment. A hiring authority may also make repayment of a testing fee part of any training or hiring contract that establishes a minimum term of employment for such an officer.
XVI. The council shall issue a certificate evidencing satisfaction of the requirements of paragraphs I, II, and III to any applicant who presents such evidence as may be required by its rules of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the council for approved police, corrections, or probation-parole, as appropriate, education and training programs in this state.
XVII. Any special agent of the state liquor commission who has the power to enforce the criminal laws under RSA title XIII and rules of the state liquor commission and who was serving under a permanent appointment prior to August 13, 1985, shall not be required to meet the requirements of paragraphs I and III; however, any special agent referred to in this paragraph shall complete such limited programs as may be prescribed by rule adopted under RSA 541-A by the police standards and training council under this section within one year of the date the programs are required. Should any special agent exempted from the requirements of paragraphs I and III of this section by this paragraph terminate employment with the state liquor commission and be hired as a police officer by another police department of the state or a political subdivision thereof, the special agent's certification shall lapse and may be reinstated upon completion of such necessary additional training courses as the police standards and training council may prescribe by rule adopted under RSA 541-A.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:7
106-L:7 Additional Training of Peace Officers. –
The director of the police standards and training council shall develop appropriate training programs and methods to instruct peace officers in the proper techniques for dealing with intoxicated and incapacitated persons and to encourage the maximum utilization by peace officers of detoxification facilities, alcohol counselors, and licensed general hospitals for such purposes.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:7-a
106-L:7-a Mental Health Training for Law Enforcement Officers. –
I. No person shall assume their role as a law enforcement officer or dispatcher unless such person has satisfactorily completed mental health training focusing on post-traumatic stress from a program developed and delivered by the New Hampshire police standards and training council. Subsequent to initial training, all law enforcement officers and dispatchers shall successfully complete annual online training. No current officer shall be required to attend in-person training at the academy.
II. Mental health training focusing on post-traumatic stress disorder shall be made available annually to any law enforcement officers after their retirement.
Source. 2022, 331:2, eff. Sept. 6, 2022.
Section 106-L:8
106-L:8 Alzheimer's Disease and Other Related Dementia Training. –
The director of the police standards and training council shall provide education and training to the law enforcement community on Alzheimer's disease and other related dementia. The director may use the educational program developed in conjunction with the department of health and human services under RSA 126-A:5, XXVII and may include such additional components as may be appropriate to effectively assist law enforcement officers in responding to incidents involving persons with Alzheimer's disease and other related dementia.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:9
106-L:9 Reimbursement of Expenses. –
The council may reimburse political subdivisions or the state for, or may pay for a portion of, the expenses incurred by the officers in attendance at police training programs conducted or approved by the council, and the expenses incurred for psychological stability screening for candidates for certification as law enforcement officers.
Source. 2017, 206:1, eff. Sept. 8, 2017. 2020, 12:20, eff. Sept. 14, 2020.
Section 106-L:10
106-L:10 Penalty Assessment; Waiver of Penalty. –
I. Every court shall levy a penalty assessment of $2 or 24 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked. Notwithstanding any law or rule to the contrary, the penalty assessment shall be levied in addition to the amount of the fine or penalty imposed by the court.
II. If multiple offenses are involved, the penalty assessment shall be imposed on the total fine.
III. If a fine is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.
IV. The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit 66.66 percent of the amount collected in the state general fund, 16.67 percent of the amount collected in the victims' assistance fund, and 16.67 percent of the amount collected in the judicial branch information technology fund.
V. If it is determined by a court that the payment of all or any part of a penalty assessment would work a hardship on the person convicted or on such person's immediate family, the court may suspend the payment of all or any part of the assessment.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:11
106-L:11 Attendance by Persons Other Than Police Officers. –
Persons who are not police officers as defined in RSA 106-L:2 may attend courses given by the police standards and training council under such conditions and for such tuition as may be established by the council. Certain courses may be closed to persons who are not police officers on recommendation of the director and approval by the council.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:12
106-L:12 Tuition Students. –
I. The council may set tuition, selection procedures, and fees for acceptance of tuition students at its programs and for the use of its facilities. Such fees shall be credited, with the approval of the department of administrative services, to the operating accounts of the council to offset additional expenditures necessitated by the acceptance of the additional students.
II. Tuition students at police and corrections academy programs shall be required to comply with background investigation requirements no less stringent than for persons hired as police or corrections officers by units of government.
III. Certain courses may be closed to persons who are not police or corrections officers on recommendation by the director and approval by the council.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:13
106-L:13 Volunteers; Liability Limited. –
I. Any volunteer of a nonprofit organization or government entity assisting the council in its training programs shall be immune from civil liability in any action brought on the basis of any act or omission resulting in damage or injury to any person if:
(a) The volunteer had prior written approval from the organization to act on behalf of the organization; and
(b) The volunteer was acting in good faith and within the scope of the volunteer's official functions and duties with the organization; and
(c) The damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the volunteer.
II. In this section:
(a) "Damage or injury" includes physical, nonphysical, economic, and noneconomic damage.
(b) "Nonprofit organization" shall include, but not be limited to, a not for profit organization, corporation, community chest, fund or foundation, and an organization exempt from taxation under section 501(c) of the Internal Revenue Code of 1986 organized or incorporated in this state or having a principal place of business in this state.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:14
106-L:14 Firearms Instructors; Liability Limited. –
Members of the council, council employees, or persons currently certified as firearms instructors by the council pursuant to Pol 404.05, having certified a person as being proficient with their weapons and meeting the standards established in Pol 404.03 to qualify under the provisions of 18 U.S.C. section 926C(d)(2)(B), shall be immune from liability for any action taken by such person subsequent to their certification, unless the employee or firearms instructor knew that the person certified was not qualified under 18 U.S.C. section 926C(d)(2)(B) to have received such certification.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:15
106-L:15 Prior Certification. –
Any police officer previously certified by the police standards and training council prior to the effective date of this chapter shall be considered certified under this chapter and shall continue to be subject to the jurisdiction of the police standards and training council.
Source. 2017, 206:1, eff. Sept. 8, 2017.
Section 106-L:16
106-L:16 Police Psychological Stability Screening Fund. –
There is established a police psychological stability screening fund for the purpose of reimbursing costs related to psychological stability screening for candidates for certification as law enforcement officers, which shall be administered by the council. The fund shall be nonlapsing and shall be continually appropriated to the council.
Source. 2020, 12:22, eff. Sept. 14, 2020.
Law Enforcement Conduct Review Committee
Section 106-L:17
106-L:17 The Law Enforcement Conduct Review Committee. –
I. There is established the law enforcement conduct review committee. The governor shall appoint members of the law enforcement conduct review committee and name its chairperson. This committee shall be administratively attached to New Hampshire police standards and training council and shall report to the director or his or her designee. Such committee shall be composed of 4 law enforcement members and 3 public members, none of whom shall be employed as a certified police officer, lawyer, or judge, and none of whom shall have a spouse, sibling, or parent, by birth, adoption, or marriage, who is a certified police officer, lawyer, or judge.
II. The quorum required for the committee to transact business shall be 5 members, of whom at least 3 are law enforcement officers, and 2 are public members. The committee shall meet at least 4 times a year to address their responsibilities. Their meetings shall be conducted in nonpublic session. A staff attorney hired by and reporting to the director shall provide guidance to the committee, shall direct investigations as authorized by the committee or the director, and shall be responsible to present recommended findings in front of the council on behalf of the committee. No committee member may serve concurrently as a member of the council. Each member shall be appointed for 2 years and no appointed member may serve more than 3 consecutive terms. No member shall participate in any proceedings before the committee involving his, her, or their own conduct or the conduct of his, her, or their agency.
III. The council shall post a link to the law enforcement conduct review committee on the council's public website.
Source. 2022, 312:10, eff. Jan. 1, 2023.
Section 106-L:18
106-L:18 Responsibilities of the Committee. –
I. The committee shall review all valid complaints alleging misconduct and, if determined necessary, shall:
(a) Cause or direct an investigation of the alleged misconduct to be conducted by the law enforcement agency that employs the subject officer;
(b) Confirm that any investigation by a law enforcement agency was valid;
(c) Review the record and findings of an investigation by a law enforcement agency and, if the investigation was not valid;
(d) Authorize the staff attorney to direct the complaint to be investigated with assistance from investigators;
(e) After such investigation, direct the staff attorney to present a recommended finding to the council at a public hearing of the council on behalf of the committee; and
(f) Provide a recommended sanction upon a sustained finding of misconduct by the council.
II. Upon receipt of a valid complaint alleging that a law enforcement officer committed a criminal act or acts while acting as a law enforcement officer, the committee shall report its findings to the director immediately, who shall refer the complaint to the New Hampshire attorney general's office, public integrity unit for investigation.
III. The committee shall dismiss a complaint of misconduct when:
(a) The complainant lacks standing;
(b) The council lacks jurisdiction over the complaint;
(c) The complaint is insufficient or there is insufficient cause to proceed;
(d) The complaint alleges a minor agency policy violation that does not meet the definition of misconduct; or
(e) The statute of limitations has expired under RSA 106-L:23.
Source. 2022, 312:10, eff. Jan. 1, 2023.
Section 106-L:19
106-L:19 Law Enforcement Agencies; Duty to Adopt a Valid Internal Affairs Program. –
I. Within 9 months of the effective date of this section, each law enforcement agency shall adopt an internal affairs program in order to conduct internal investigations and manage complaints regarding their agency's law enforcement officers.
II. An internal affairs program shall include all of the following:
(a) A written policy that defines code of conduct and/or misconduct and defines the internal investigation process.
(b) A written procedure for accepting a properly filed complaint against a law enforcement officer.
(c) A written procedure to assign an investigator to conduct an investigation as determined by the written policy to determine whether an officer has committed an act or acts of misconduct.
(d) A written policy, or provisions in the applicable collective bargaining agreement, that outline for its officers the acts of misconduct enumerated in this chapter, the expectations of employment or prohibited activities of the agency, and the due process rights for its officers.
(e) Due process for the accused officer, including addressing discipline based on just cause, establishing a set range of discipline for offenses, and consideration of mitigating and aggravating circumstances.
III. The chief executive officer of every law enforcement agency in the state shall be responsible for the implementation of this section and shall file copies of all written policies required by this section with the police standards and training council.
IV. The council shall create an effective internal affairs program model policy that may be used by law enforcement agencies to meet the requirements of this section.
Source. 2022, 312:10, eff. Jan. 1, 2023.
Section 106-L:20
106-L:20 Law Enforcement Agencies; Duty to Report an Allegation of Misconduct. –
I. The chief executive officer of a law enforcement agency shall report to the committee, through the director or designee, within 15 business days if any of the following occur in regard to a law enforcement officer of the agency:
(a) The agency has received a valid complaint of misconduct, and:
(1) That the agency is conducting, or has conducted a valid internal investigation of the allegation as defined in this chapter and in accord with their internal affairs policy;
(2) That the agency has an outside law enforcement agency conducting or has conducted a valid internal investigation into the matter as defined in this chapter; or
(3) That the agency is requesting a valid internal investigation be conducted into the matter by investigators designated by the director or the committee.
(b) The results of a valid internal investigation has resulted in a sustained finding of misconduct; or
(c) That an officer resigned from the agency while under investigation for misconduct.
II. As part of the report, the executive officer of the agency shall provide a copy of any all relevant documents associated with the valid investigation, including the agency's investigative report, and any findings and decisions. Such documents shall not be subject to RSA 91-A, except as provided in this chapter.
III. The committee shall review the report to determine if the local agency has conducted a valid investigation. If the committee determines that there is not a valid internal affairs program at the local agency, the committee may recommend a separate investigation be conducted by police standards and training investigators.
Source. 2022, 312:10, eff. Jan. 1, 2023.
Section 106-L:21
106-L:21 Investigations. –
I. Each law enforcement agency shall conduct or cause a valid investigation of any complaint alleging that a law enforcement officer employed by the agency committed an act or acts of misconduct. An agency shall conclude the investigation even if the officer resigns from the agency during the course of the investigation.
II. A law enforcement agency or the governing executive body of that agency shall refer to the committee any misconduct complaints made against a law enforcement officer who is the executive officer of that agency.
III. The committee shall accept valid complaints alleging a law enforcement officer committed misconduct and shall refer any complaints regarding allegations of misconduct to the executive officer of the agency who employs that officer, and that agency shall conduct a valid investigation.
IV. A staff attorney, at the direction of the committee or director, shall cause an investigation to be conducted if the allegation is in regard to a law enforcement officer who is the executive officer of the agency.
V. The committee shall review all documents related to a law enforcement agency's investigation into misconduct and may receive or solicit additional information from the local law enforcement agency or any other person in order to determine whether the law enforcement agency conducted a valid investigation. If the committee determines that a law enforcement agency's investigation of the officer's conduct did not constitute a valid investigation or was not fully completed the committee or the director shall direct the complaint to be investigated.
Source. 2022, 312:10, eff. Jan. 1, 2023.
Section 106-L:22
106-L:22 Accessibility and Confidentiality. –
I. It is the purpose of this section both to protect the reputation of law enforcement officers from public disclosure of unwarranted complaints against them and to fulfill the public right to know of any action taken against a law enforcement officer when that action is based on a sustained finding of misconduct.
II. Meetings of the committee concerning an individual complaint shall not be open to the public. Records of the committee as well as investigations conducted by the committee shall be work product and shall not be made public or be discoverable under RSA 91-A except as provided in this subdivision. If the committee recommends to the council that a finding of misconduct be sustained then such decision of the committee shall be public and the council shall schedule a public hearing.
III. The council shall prepare and maintain a register of all complaints reviewed by the committee which shall be open to public inspection and copying containing the following information:
(a) The date and the nature of the complaint, but not including the identity of the law enforcement officer or employing agency; and
(b) A summary of the disposition of the completed investigation.
IV. All hearings of the council concerning complaints of misconduct shall be conducted in accordance with RSA 106-L:5, III. At the time of the hearing, the committee's investigative report and any records relied on by the committee to present its recommendation to the council shall be available for public inspection. After the council issues its final decision, the decision and all records or information relied on or presented to the council shall be public. However, any hearing or record, or any portion thereof, described in this paragraph may be sealed or redacted if the council determines with specificity that any such record will reveal confidential information that creates a compelling interest outweighing the public's presumed right of access.
V. A person charged with committing an act or acts of misconduct may inspect and copy the investigation file that results in the charges against him or her, except for any attorney work product or other privileged information.
VI. Any person aggrieved by a final order of the council granting or denying in whole or in part the relief sought may obtain review of such order in the manner prescribed in RSA 541.
VII. Notwithstanding any other provision of law set forth in this chapter, a prosecutor in a criminal proceeding may review and disclose any such information or records related to a sustained finding of misconduct in the possession of any law enforcement agency, the council, or the committee subject to the procedure set forth in RSA 105:13-b in order to determine whether any such information contains potentially exculpatory materials consistent with the prosecutor's constitutional, legal, or ethical obligations.
Source. 2022, 312:10, eff. Jan. 1, 2023.
Section 106-L:23
106-L:23 Statute of Limitations. –
I. The committee shall not review any complaint or allegation of misconduct that is alleged to have occurred prior to the effective date of this section.
II. A valid complaint shall be filed within 2 years after the act or acts of alleged misconduct. When alleged misconduct was not discovered, and could not reasonably have been discovered at the time of the alleged misconduct, the complaint shall be filed within 2 years of the time it was discovered, or in the exercise of reasonable diligence should have been discovered.
III. Notwithstanding paragraph II, any grievance alleging misconduct under RSA 106-L:2, V(b)(1) may be filed at any time.
Source. 2022, 312:10, eff. Jan. 1, 2023.