Amendment ID: S2185-137-R2

2nd Redraft Amendment 137

De-Escalation Training for Law Enforcement

Messrs. Eldridge and Barrett, Ms. L'Italien, Ms. Chang-Diaz, Messrs. Cyr, Hinds, Ross and Humason move to amend the bill by inserting after section 1 the following 4 sections:-

“SECTION 1A. The second paragraph of subsection (a) of section 116A of chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following sentenced: - As used in this section, “bias-free policing” shall mean decisions made by law enforcement officers that shall not consider a person’s race, ethnicity, gender, gender identity, religion, mental or physical disability or socioeconomic level.

SECTION 1B.  Said section 116A of said chapter 6, as so appearing, is hereby further amended by striking out, in line 81, the word “and”.

SECTION 1C. Subsection (b) of said section 116A of said chapter 6, as so appearing, is hereby amended by adding the following 3 clauses:-

(16) procedures and techniques to promote bias-free policing;

(17) procedures and techniques for handling complaints involving victims, witnesses or suspects with a mental illness or developmental disability and for handling mental health emergencies; and

(18) procedures and techniques for civilian interaction and to promote procedural justice, which shall emphasize de-escalation and disengagement tactics and techniques.

SECTION 1D.  Said chapter 6 is hereby further amended by inserting after section 116F the following section: -

Section 116G. (a) The municipal police training committee under the direction of the executive office of public safety and security shall establish and develop an in-service training program designed to train law enforcement officials, including municipal, metropolitan and state police, in the following areas:

(i) practices and procedures relating to unconscious or implicit bias policing which shall include, but not be limited to, training that examines issues of race, ethnicity, gender, religion, sexual orientation and gender identity and socioeconomic and professional status in relation to policing decisions;

(ii) handling mental health emergencies and complaints involving victims, witnesses or suspects with a mental illness or developmental disability, which shall include training related to common behaviors and actions exhibited by such individuals, strategies law enforcement officers may use for reducing or preventing the risk of harm and strategies that involve the least intrusive means of addressing such incidences and individuals while protecting the safety of the law enforcement officer and other persons; provided, however, that training presenters shall include certified mental health practitioners with expertise in the delivery of direct services to individuals experiencing mental health emergencies and victims, witnesses and suspects with a mental illness or developmental disability; and

(iii) practices and techniques for law enforcement officers in civilian interaction and to promote procedural justice, which shall emphasize de-escalation and disengagement tactics and techniques and practices and procedures that build community trust and maintain community confidence.

(b) The committee shall determine training requirements and minimum standards of the program that all law enforcement agencies throughout the commonwealth shall implement in their practices and training of law enforcement officials.

(c) This section shall apply to law enforcement officials who are employed on a full-time basis as a police officer of the department of state police, a municipal police department and the University of Massachusetts police department and environmental police officers in the office of law enforcement.

(d) The committee, in consultation with the attorney general and other relevant entities, shall promulgate rules and regulations to carry out this section.”; and             

by inserting after section 4 the following section:-

“SECTION 4A.  Chapter 10 of the General Laws is hereby amended by inserting after section 35EEE the following section:-

Section 35FFF. (a) There shall be a Municipal Police Training Fund which shall consist of amounts credited to the fund in accordance with this section. The fund shall be administered by the state treasurer and held in trust exclusively for the purposes of this section. The state treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and securities.

(b) The fund shall consist of: (i) funds transferred from the Marijuana Regulation Fund established in section 14 of chapter 94G; (ii) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (iii) interest earned on money in the fund; and (iv) funds from private sources including, but not limited to, gifts, grants and donations received by the commonwealth that are specifically designated to be credited to the fund. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The secretary shall annually report the activity of the fund to the clerks of the senate and the house of representatives and the senate and house committees on ways and mean not later than December 31.

(c) Expenditures from the fund shall be made to provide funding for:

(i) the operating expenses of the municipal police training committee;

(ii) basic recruit training for new police officers;

(iii) mandatory in-service training for veteran police officers;

(iv) specialized training for veteran police officers and reserve and intermittent police officers; and

(v) the basic training program for reserve and intermittent police officers.; and

by inserting after section 52 the following section:-

“SECTION 52A. Subsection (b) of section 14 of chapter 94G of the General Laws, as appearing in section 40 of chapter 55 of the acts of 2017, is hereby amended by striking out clause (iii) and inserting in place thereof the following clause:- (iii) the Municipal Police Training Fund established in section 35FFF of chapter 10 for the municipal police training committee established in section 116 of chapter 6”.