HOUSE DOCKET, NO. 3331        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3274

The Commonwealth of Massachusetts

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PRESENTED BY:

David T. Vieira and Russell E. Holmes

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying resolve:

Resolve providing for a  “Special Commission on Peace Officer Standards and Training” to study and make recommendations concerning the implementation of a Peace Officers Standards and Training (POST) system.

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PETITION OF:

HOUSE DOCKET, NO. 3331        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3274

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2192 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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Resolve providing for a  “Special Commission on Peace Officer Standards and Training” to study and make recommendations concerning the implementation of a Peace Officers Standards and Training (POST) system.

Resolved, Whereas, the Special Commission on Massachusetts Police Training established under Chapter 3 of the Resolves of 2008 and the Special Commission on Sheriffs established under Section 22 of Chapter 61 of the Acts of 2009 both recommended Massachusetts establish a statewide Peace Officer Standards and Training (POST) system for overseeing law enforcement training in the Commonwealth;

Therefore be it resolved,

SECTION 1.  There shall be a special commission entitled the “Special Commission on Peace Officer Standards and Training” to study and make recommendations concerning the implementation of a Peace Officers Standards and Training (POST) system. 

SECTION 2.  The special commission shall consist of 25 members:

4 members of the general court, 1 of whom shall be appointed by the speaker of the house, 1 of whom shall be appointed by the house minority leader, 1 of whom shall be appointed by the senate president, and 1 of whom shall be appointed by the senate minority leader;

the chairman of the house committee on ways and means, or the chairman’s designee;

the chairman of the senate committee on ways and means, or the chairman’s designee;

the attorney general, or the attorney general’s designee;

the secretary of the executive office of public safety & security, or the secretary’s designee;

the commissioner of the department of corrections, or the commissioner’s designee;

the chief of the MBTA Transit Police Department, or the chief's designee;

the chief of the Mashpee Wampanoag Police Department, or the chief's designee;

the FBI special agent in charge - Boston, or the agent’s designee;

a representative of the Massachusetts Chiefs of Police Association;

a representative of the Massachusetts Sheriffs Association;

a representative of the Massachusetts Environmental Police;

a representative of the Massachusetts Association of Campus Law Enforcement

Administrators;

a representative of the Massachusetts Municipal Police Training Committee;

a representative of the Massachusetts District Attorney’s Association;

a representative of the Massachusetts Police Association;

a representative of the Massachusetts Coalition of Police;

a representative of the Massachusetts Municipal Police Coalition;

a representative of the New England Police Benevolent Association;

a representative of the Massachusetts Fraternal Order of Police;

a representative of the Massachusetts Harbormasters Association;

and a representative of the Massachusetts Municipal Association.

The speaker of the house and the senate president shall determine which 2 members of the special commission shall serve as co-chairmen.

SECTION 3.  The special commission shall study and recommend the structure of a commission, council or board on peace officer standards and training with adequate authority to set standards for the hiring, training, ethical conduct and retention of law enforcement officers, through certification, licensing, or an equivalent methodology, provided however that in accordance with M.G.L. chapter 22C; section 3, any proposed POST system shall not apply to the Department of the State Police.  The special commission shall review the “Model Minimum State Standards for POST Administration” developed by the International Association of Directors of Law Enforcement Standards and Training (IADLEST) and the July 2010 report of the special commission on Massachusetts police training in the course of their study.  The special commission shall also investigate various funding mechanisms for the implementation of a POST system and recommend in their final report and supporting legislation a dedicated funding mechanism, develop a timeline and process for implementing a POST system.  The special commission may hold hearings and invite testimony from experts and the public.  The special commission shall review and identify best practices learned from similar efforts in other states.

SECTION 4.  The special commission shall not develop specific standards, training requirements, certification requirements, or other detailed proposals that would normally be considered the authority of a state commission, council or board on peace officer standards and training; rather the special commission will focus on proposing how to implement such a structure in the commonwealth.

SECTION 5.  Members of the special commission shall be named and the special commission shall commence its work within 60 days of the effective date of this resolve.  The special commission shall report to the general court the results of its study, and together with draft legislation necessary to implement Peace Officers Standards and Training (POST) in the commonwealth by filing the same with the clerks of the senate and the house of representatives and the house and senate chairs of the joint committee on public safety and homeland security, 365 days after the effective date of this resolve.