Text of MA S 1723 (2025)

1 of 1 SENATE DOCKET, NO. 1593 FILED ON: 1/16/2025 SENATE . . . . . . . . . . . . . . No. 1723 The Commonwealth of Massachusetts _________________ PRESENTED BY: Liz Miranda _________________ 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 bill: An Act establishing the Massachusetts correctional officer accountability and standards training Commission. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Liz Miranda Second Suffolk William N. Brownsberger Suffolk and Middlesex 1 of 32 SENATE DOCKET, NO. 1593 FILED ON: 1/16/2025 SENATE . . . . . . . . . . . . . . No. 1723 By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1723) of Liz Miranda and William N. Brownsberger for legislation to establish the Massachusetts correctional officer accountability and standards training Commission. Public Safety and Homeland Security. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 1546 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act establishing the Massachusetts correctional officer accountability and standards training Commission. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 6E the 2 following chapter:- 3 CHAPTER 6F 4 MASSACHUSETTS CORRECTIONAL OFFICER ACCOUNTABILITY AND 5 STANDARDS TRAINING COMMISSION 6 Section 1. Definitions 7 ''Appointing agency'', the agency appointing a correctional officer. 8 ''Chair'', the chair of the COAST commission. 2 of 32 9 ''Chokehold'', the use of a lateral vascular neck restraint, carotid restraint or other action 10 that involves the placement of any part of a correctional officer's body on or around a person's 11 neck in a manner that limits the person's breathing or blood flow with the intent of or with the 12 result of causing bodily injury, unconsciousness or death. 13 ''Commissioner'', a member of the COAST commission. 14 ''Conviction'', an adjudication of a criminal matter resulting in any outcome except 15 wherein the matter is dismissed or the accused is found to be not guilty, including, but not 16 limited, to an adjudication of guilt with or without the imposition of a sentence, a plea of guilty, 17 a plea of nolo contendere, an admission to sufficient facts, a continuance without a finding or 18 probation. 19 “Correctional agency”, the Department of Corrections, a House of Corrections, or a jail. 20 “Correctional officer”, any officer with supervisory, custodial, or other control 21 responsibilities within a correctional agency. 22 “COAST Commission”, the Massachusetts Correctional Officer Accountability, 23 Standards and Training Commission. 24 ''Deadly force'', physical force that can reasonably be expected to cause death or serious 25 physical injury. 26 ''Decertified'', a correctional officer whose certification is revoked by the COAST 27 commission pursuant to section 10. 28 ''De-escalation tactics'', proactive actions and approaches used by a correctional officer to 29 stabilize a situation so that more time, options and resources are available to gain a person's 3 of 32 30 voluntary compliance and to reduce or eliminate the need to use force including, but not limited 31 to, verbal persuasion, warnings, slowing down the pace of an incident, waiting out a person, 32 creating distance between the officer and a threat and requesting additional resources to resolve 33 the incident, including, but not limited to, calling in medical or licensed mental health 34 professionals, as defined in subsection (a) of section 5.5 of chapter 111, to address a potential 35 medical or mental health crisis. 36 ''Executive director'', the executive director of the COAST commission appointed 37 pursuant to subsection (g) of section 2.''Officer-involved injury or death'', any event during 38 which a correctional officer: (i) discharges a firearm, as defined in section 121 of chapter 140, 39 actually or proximately causing injury or death to another; (ii) discharges any stun gun as defined 40 in said section 121 of said chapter 140, actually or proximately causing injury or death to 41 another; (iii) uses a chokehold, actually or proximately causing injury or death of another; (iv) 42 discharges tear gas or other chemical weapon, actually or proximately causing injury or death of 43 another; (v) discharges rubber pellets from a propulsion device, actually or proximately causing 44 injury or death of another; (vi) deploys a dog, actually or proximately causing injury or death of 45 another; (vii) uses deadly force, actually or proximately causing injury or death of another; (viii) 46 fails to intervene, as required by section 15, to prevent the use of excessive or prohibited force by 47 another officer who actually or proximately causes injury or death of another; or (ix) engages in 48 a physical altercation with a person who sustains serious bodily injury or requests or receives 49 medical care as a result. 50 ''Serious bodily injury'', bodily injury that results in: (i) permanent disfigurement; (ii) 51 protracted loss or impairment of a bodily function, limb or organ; or (iii) a substantial risk of 52 death. 4 of 32 53 ''Untruthful'' or ''untruthfulness'', knowingly making an untruthful statement concerning a 54 material fact or knowingly omitting a material fact: (i) on an official criminal justice record, 55 including, but not limited to, a police report; (ii) while testifying under oath; (iii) to the COAST 56 commission or an employee of the COAST commission; or (iv) during an internal affairs 57 investigation, administrative investigation or disciplinary process. 58 Section 2. Establishment of the Correctional Officer Standards and Training 59 Commission; membership; qualifications; terms; meetings 60 (a) There shall be a Correctional Officer Accountability, Standards and Training 61 Commission consisting of 9 members: 3 of whom shall be appointed by the governor, 1 of whom 62 shall be a retired management level DOC correctional officer, 1 of whom shall be a social 63 worker appointed from a list of 5 nominations submitted by the National Association of Social 64 Workers, Inc., Massachusetts chapter, and 1 of whom shall be a retired judge; 3 of whom shall 65 be appointed by the attorney general, 1 of whom shall be appointed from a list of 3 nominations 66 submitted by Prisoners Legal Services, 1 of whom shall be a formerly incarcerated person; 1 of 67 whom shall be a MCOFU labor union representative appointed from a list of 3 nominations 68 submitted by MCOFU; and 3 of whom shall be appointed jointly by the governor and attorney 69 general, 1 of whom shall be an attorney licensed to practice law in the commonwealth appointed 70 from a list of 5 nominations submitted by the civil rights and social justice section council of the 71 Massachusetts Bar Association, 1 of whom is a member of a union who represents employees of 72 House of Corrections and jails, and 1 of whom shall be a management-level House of 73 Corrections employee appointed from a list of 3 nominations submitted by the MA Sheriffs 74 Association. 5 of 32 75 (b) Other than as provided for in subsection (a), all COAST commissioners shall be 76 civilians and no COAST commissioner shall have been previously employed as a law 77 enforcement or correctional officer, or be a retired law enforcement or correctional officer. The 78 civilian COAST commissioners shall have experience or expertise in corrections and training, 79 criminal law, civil rights law, the criminal justice system, mental health, post-traumatic stress 80 disorder, crisis intervention, de-escalation techniques or social science fields related to race or 81 bias. The governor shall designate the chair of the COAST commission. The COAST 82 commission shall include people of color and women, at least in such proportion as these groups 83 exist in the commonwealth's population as periodically determined by the state secretary as the 84 commonwealth's chief census officer. The members of the COAST commission shall represent 85 diverse geographic areas of the commonwealth, including urban, rural and suburban areas. The 86 COAST commissioners shall take an oath to faithfully and impartially execute their duties as 87 COAST commissioners. 88 (c) Each COAST commissioner shall be a resident of the commonwealth within 90 days 89 of appointment and, while serving on the COAST commission, shall not: (i) hold, or be a 90 candidate for, federal, state or local elected office; (ii) hold an appointed office in a federal, state, 91 or local government; or (iii) serve as an official in a political party. Not more than 2 COAST 92 commissioners shall be from the same political party. The members of the COAST commission 93 shall be compensated for work performed for the COAST commission at such rate as the 94 secretary of administration and finance shall determine. 95 (d) Each COAST commissioner shall serve for a term of 5 years or until a successor is 96 appointed and shall be eligible for reappointment; provided, however, that no COAST 97 commissioner shall serve more than 10 years. The governor may remove a COAST 6 of 32 98 commissioner if the COAST commissioner: (i) is guilty of malfeasance in office; (ii) 99 substantially neglects the duties of a COAST commissioner; (iii) is unable to discharge the 100 powers and duties of the COAST commissioner's office; (iv) commits gross misconduct; or (v) is 101 convicted of a felony. 102 (e) Seven members shall constitute a quorum. The affirmative vote of a majority of 103 COAST commissioners present and voting shall be required for an action of the COAST 104 commission. The COAST commission shall meet monthly and at other times as it shall deem 105 necessary or upon the written request of 4 COAST commissioners or the COAST chair; 106 provided, however, that notice of all meetings shall be given to each COAST commissioner and 107 to other persons who request such notice. The COAST commission shall adopt regulations 108 establishing procedures, which may include electronic communications, by which a request to 109 receive notice shall be made and the method by which timely notice may be given. 110 (f) The COAST commission shall annually elect 1 of the COAST commissioners to serve 111 as secretary and 1 of the COAST commissioners to serve as treasurer. The secretary shall keep a 112 record of the proceedings of the COAST commission and shall be the custodian and keeper of 113 the records of all books, documents and papers filed by the COAST commission and of its 114 minute book. The secretary shall cause copies to be made of all minutes and other records and 115 documents of the COAST commission and shall certify that such copies are true copies, and all 116 persons dealing with the COAST commission may rely upon such certification. 117 (g) The COAST commission shall appoint an executive director, who shall not be a 118 member of the COAST commission. The executive director shall serve at the pleasure of the 119 COAST commission, shall receive such salary as may be determined by the COAST 7 of 32 120 commission, and shall devote full time and attention to the duties of the office. The executive 121 director shall be a person with skill and experience in management, shall be the executive and 122 administrative head of the COAST commission and shall be responsible for administering and 123 enforcing the provisions of law relative to the COAST commission and to each administrative 124 unit thereof. The executive director may employ other employees, consultants, agents and 125 advisors, including legal counsel, and shall attend meetings of the COAST commission. In the 126 case of an absence or vacancy in the office of the executive director or in the case of disability as 127 determined by the COAST commission, the COAST commission may designate an acting 128 executive director to serve as executive director until the vacancy is filled or the absence or 129 disability ceases. The acting executive director shall have all of the powers and duties of the 130 executive director and shall have similar qualifications as the executive director. 131 (h) The executive director may, subject to the approval of the COAST commission, 132 appoint the director of correctional officer certification, and the director of the division of 133 correctional officer standards. The executive director shall appoint all other persons that the 134 executive director shall consider necessary to perform the functions of the COAST commission; 135 provided, however, that chapter 31 and section 9A of chapter 30 shall not apply to COAST 136 commission employees. If an employee serving in a position which is classified under said 137 chapter 31 or in which an employee has tenure by reason of said section 9A of said chapter 30 138 shall be appointed to a position within the COAST commission which is not subject to said 139 chapter 31, the employee shall, upon termination of service in such position, be restored to the 140 position which the employee held immediately prior to such appointment; provided, however, 141 that the employee's service in such position shall be determined by the civil service commission 142 in accordance with the standards applied by that commission in administering said chapter 31. 8 of 32 143 Such restoration shall be made without impairment of the employee's civil service status or 144 tenure under said section 9A of said chapter 30 and without loss of seniority, retirement or other 145 rights to which uninterrupted service in such prior position would have entitled such employee. 146 During the period of such appointment, each person so appointed from a position in the classified 147 civil service shall be eligible to take any competitive promotional examination for which such 148 person would otherwise have been eligible. The executive director and employees of the COAST 149 commission shall be classified as group 1 pursuant to paragraph (g) of subdivision (2) of section 150 3 of chapter 32. 151 (i) No employee of the division of correctional officer standards, established pursuant to 152 section 8, or the executive director shall have previously been employed as a correctional officer, 153 previously employed by a correctional agency or be a retired correctional officer or retired from 154 a correctional agency; provided, however, that such employee may have been a previous 155 employee of or have retired from the division of correctional officer standards. 156 (j) The COAST commission shall be a commission for the purposes of section 3 of 157 chapter 12. 158 (k) Any vacancy occurring on the COAST commission shall be filled within 90 days by 159 the original appointing authority. A person appointed to fill a vacancy occurring other than by 160 expiration of a term of office shall be appointed for the unexpired term of the member they 161 succeed and shall be eligible for re-appointment. 162 Section 3. Powers and duties of the COAST commission 163 Section 3. (a) The COAST Commission shall have all powers necessary or convenient to 164 carry out and effectuate its purposes, including, but not limited to, the power to: 9 of 32 165 (1) act as the primary civil enforcement agency for violations of this chapter involving 166 correctional officers; 167 (2) establish, in consultation with the Department of Corrections and the Massachusetts 168 Sheriffs Association, minimum correctional officer certification standards pursuant to section 4; 169 (3) approve Department of Corrections training curriculum for correctional officers, 170 submitted to the COAST commission by the Department of Corrections; 171 (3A) approve a House of Corrections training curriculum and standards for correctional 172 officers submitted to the COAST commission by the Massachusetts Sheriffs Association; 173 (3B) approve a training curriculum and standards for jails submitted to the COAST 174 commission by the Massachusetts Sheriffs Association; 175 (4) certify qualified applicants pursuant to section 4; 176 (5) deny an application or limit, condition, restrict, revoke or suspend a certification, or 177 fine a person certified pursuant to section 4 for any cause that the COAST commission deems 178 reasonable; 179 (6) receive complaints from any source and preserve all complaints and reports filed with 180 the COAST commission for the appropriate period of time; 181 (7) conduct audits and investigations pursuant to section 8; 182 (8) appoint correctional officers and approve employees to be hired by the executive 183 director pursuant to section 2; 184 (9) establish and amend a plan of organization that it considers expedient; 10 of 32 185 (10) execute all instruments necessary or convenient for accomplishing the purposes of 186 this chapter; 187 (11) enter into agreements or other transactions with a person, including, but not limited 188 to, a public entity or other governmental instrumentality or authority in connection with its 189 powers and duties under this chapter; 190 (12) appear on its own behalf before boards, commissions, departments or other agencies 191 of municipal, state or federal government; 192 (13) apply for and accept subventions, grants, loans, advances and contributions of 193 money, property, labor or other things of value from any source, to be held, used and applied for 194 its purposes; 195 (14) provide and pay for advisory services and technical assistance as may be necessary 196 in its judgment to carry out this chapter and fix the compensation of persons providing such 197 services or assistance; 198 (15) prepare, publish and distribute, with or without charge as the COAST commission 199 may determine, such studies, reports, bulletins and other materials as the COAST commission 200 considers appropriate; 201 (16) gather facts and information applicable to the COAST commission's obligation to 202 issue, suspend or revoke certifications pursuant to section 4 for: (i) a violation of this chapter or 203 any regulation adopted by the COAST commission; (ii) a willful violation of an order of the 204 COAST commission; (iii) the conviction of a criminal offense; or (iv) the violation of any other 205 offense which would disqualify a person from being certified; 11 of 32 206 (17) conduct investigations into the qualifications of all applicants for certification 207 pursuant to section 4; 208 (18) request and receive from the state police, the department of criminal justice 209 information services or other criminal justice agencies, including, but not limited to, the Federal 210 Bureau of Investigation and the federal Internal Revenue Service, such criminal offender record 211 information relating to the administration and enforcement of this chapter; 212 (19) demand access to and inspect, examine, photocopy and audit all papers, books and 213 records of any correctional agency; 214 (20) levy and collect assessments, fees and fines and impose penalties and sanctions for a 215 violation of this chapter or any regulations promulgated by the COAST commission; 216 (21) restrict, suspend or revoke certifications issued pursuant to section 4; 217 (22) conduct adjudicatory proceedings in accordance with chapter 30A; 218 (23) refer cases for criminal prosecution to the appropriate federal, state or local 219 authorities; 220 (24) issue subpoenas and compel the attendance of witnesses at any place within the 221 commonwealth, administer oaths and require testimony under oath before the COAST 222 commission in the course of an investigation or hearing conducted under this chapter; 223 (25) maintain an official internet website for the COAST commission; 224 (26) adopt, amend or repeal regulations in accordance with chapter 30A for the 225 implementation, administration and enforcement of this chapter, including, but not limited to, 12 of 32 226 regulations: (i) governing the conduct of proceedings hereunder; (ii) determining whether an 227 applicant has met the standards for certification pursuant to section 4; (iii) establishing minimum 228 standards for internal correctional agency review of complaints of correctional officer-involved 229 injuries or deaths and recommendations to the COAST commission regarding retraining, 230 suspension or revocation of correctional officer certification to ensure consistency across 231 corrections agencies; (iv) establishing a physical and psychological fitness evaluation pursuant to 232 section 4 that measures said fitness to ensure correctional officers are able to perform essential 233 job duties; and (v) identifying patterns of unprofessional correctional officer conduct, including, 234 but not limited to, patterns of: (A) escalating behavior that may lead to the use of excessive force 235 or conduct that is biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, 236 religion, mental or physical disability, immigration status or socioeconomic or professional level; 237 (B) an increase in the frequency of complaints regarding an individual correctional officer; or (C) 238 the number of complaints regarding a correctional officer that are at least 1 standard deviation 239 above the mean for similarly situated correctional officers for a defined period; and 240 (27) refer patterns of racial profiling or the mishandling of complaints of unprofessional 241 correctional officer conduct for investigation and possible prosecution to the attorney general or 242 the appropriate federal, state or local authorities; provided, however, that if the attorney general 243 has reasonable cause to believe that such a pattern exists based on information received from any 244 other source, the attorney general may bring a civil action for injunctive or other appropriate 245 equitable and declaratory relief to eliminate the pattern or practice. 246 Section 4. Division of correctional officer certification 13 of 32 247 Section 4: (a) There shall be within the COAST commission a division of correctional 248 officer certification. The purpose of the division of correctional officer certification shall be to 249 establish uniform policies and standards for the certification of all correctional officers, subject 250 to the approval of the COAST commission. 251 (b)(1) The division of correctional officer certification shall establish minimum 252 certification standards for all correctional officers that shall include, but not be limited to: (i) 253 attaining the age of 21; (ii) successful completion of a high school education or equivalent, as 254 determined by the COAST commission; (iii) successful completion of the basic training program 255 approved by the COAST commission; (iv) successful completion of a physical and psychological 256 fitness evaluation approved by the COAST commission; (v) successful completion of a state and 257 national background check, including, but not limited to, fingerprinting and a full employment 258 history; provided, that if the applicant has been previously employed in law enforcement or 259 corrections in any state or United States territory or by the federal government, the applicant's 260 full employment record, including complaints and discipline, shall be evaluated in the 261 background check; (vi) passage of an examination approved by the COAST commission; (vii) 262 possession of current first aid and cardiopulmonary resuscitation certificates or equivalent, as 263 determined by the COAST commission; (viii) successful completion of an oral interview 264 administered by the COAST commission; and (ix) being of good moral character and fit for 265 employment as a correctional officer, as determined by the COAST commission. 266 (2) The COAST commission shall not issue a certificate to an applicant who: (i) does not 267 meet the minimum standards enumerated in paragraph (1) or the regulations of the COAST 268 commission; (ii) has been convicted of a felony or whose name is listed in the national 269 decertification index or the databases of decertified law enforcement and correctional officers 14 of 32 270 maintained by the POST and COAST commissions; or (iii) while previously employed in law 271 enforcement, or corrections, in any state or United States territory or by the federal government, 272 has had their certification revoked. 273 (3) The COAST commission may issue a certificate to a qualified applicant consistent 274 with the provisions of this chapter. The COAST commission shall determine the form and 275 manner of issuance of a certification. A certification shall expire 3 years after the date of 276 issuance. 277 (4) A correctional officer shall remain in compliance with the requirements of this 278 chapter and all rules and regulations promulgated by the COAST commission for the duration of 279 their employment as a correctional officer. 280 (c) No correctional agency shall appoint or employ a person as a correctional officer, 281 unless the person is certified by the COAST commission. 282 (d) The division of correctional officer certification shall create and maintain a database 283 containing records for each certified correctional officer, including, but not limited to: 284 (1) the date of initial certification; 285 (2) the date of any recertification; 286 (3) the records of completion of all training and all in-service trainings, including the 287 dates and locations of said trainings; 288 (4) the date of any written reprimand and the reason for said reprimand; 289 (5) the date of any suspension and the reason for said suspension; 15 of 32 290 (6) the date of any arrest and the charge or charges leading to said arrest; 291 (7) the date of, and reason for, any internal affairs complaint; 292 (8) the outcome of an internal affairs investigation based on an internal affairs complaint; 293 (9) the date of any criminal conviction and crime for said conviction; 294 (10) the date of any separation from employment with a correctional agency and the 295 nature of the separation, including, but not limited to, suspension, resignation, retirement or 296 termination; 297 (11) the reason for any separation from employment, including, but not limited to, 298 whether the separation was based on misconduct or whether the separation occurred while the 299 appointing agency was conducting an investigation of the certified individual for a violation of 300 an appointing agency's rules, policies, procedures or for other misconduct or improper action; 301 (12) the date of decertification, if any, and the reason for said decertification; and 302 (13) any other information as may be required by the COAST commission. 303 (e) Each certified correctional officer shall apply for renewal of certification prior to its 304 date of expiration as prescribed by the COAST commission. The COAST commission shall not 305 recertify any person as a correctional officer unless the COAST commission certifies that the 306 applicant for recertification continues to satisfy the requirements of subsection (b). 307 (f) The COAST commission shall promulgate regulations for the division of correctional 308 officer to maintain a publicly available and searchable database containing records for all 16 of 32 309 correctional officers. In promulgating the regulations, the COAST commission shall consider the 310 health and safety of the correctional officers. 311 Section 5. 312 Section 6. 313 Section 7. 314 Section 8. Division of correctional officer standards 315 (a) There shall be within the COAST commission a division of correctional officer 316 standards. The purpose of the division of correctional officer standards shall be to investigate 317 correctional officer misconduct and make disciplinary recommendations to the COAST 318 commission. 319 (b)(1) The head of a correctional agency shall transmit any complaint received by said 320 correctional agency within 2 business days to the division of correctional officer standards, in a 321 form to be determined by the COAST commission; provided, that the form shall include, but 322 shall not be limited to: (i) the name and COAST commission certification identification number 323 of the subject correctional officer; (ii) the date and location of the incident; (iii) a description of 324 circumstances of the conduct that is the subject of the complaint; (iv) whether the complaint 325 alleges that the correctional officer's conduct: (A) was biased on the basis of race, ethnicity, sex, 326 gender identity, sexual orientation, religion, mental or physical disability, immigration status or 327 socioeconomic or professional level; (B) was unprofessional; (C) involved excessive, prohibited 328 or deadly force; or (D) resulted in serious bodily injury or death; and (v) a copy of the original 329 complaint submitted directly to the correctional agency; provided, however, that the COAST 17 of 32 330 commission may establish a minimum threshold and streamlined process for the reporting or 331 handling of minor complaints that do not involve the use of force or allegations of biased 332 behavior. 333 (2) Upon completion of the internal investigation of a complaint, the head of each 334 correctional agency shall immediately transmit to the division of correctional officer standards an 335 investigation report in a form to be determined by the COAST commission; provided, that the 336 form shall include, but shall not be limited to: (i) a description of the investigation and 337 disposition of the complaint; (ii) any disciplinary action recommended by internal affairs or the 338 supervising officer; and (iii) if the recommended disciplinary action included retraining, 339 suspension or termination, a recommendation by the head of the correctional agency for 340 disciplinary action by the COAST commission including, retraining or suspension or revocation 341 of the correctional officer's certification. 342 (3) Upon final disposition of the complaint, the head of each correctional agency shall 343 immediately transmit to the division of correctional officer standards a final report in a form to 344 be determined by the COAST commission; provided, that the form shall include, but shall not be 345 limited to: (i) any disciplinary action initially recommend by internal affairs or the supervising 346 officer; (ii) the final discipline imposed and a description of the adjudicatory process; and (iii) if 347 the disciplinary action recommended or imposed included retraining, suspension or termination, 348 a recommendation by the head of the correctional agency for disciplinary action by the COAST 349 commission including, retraining or suspension or revocation of the correctional officer's 350 certification. 18 of 32 351 (4) If a correctional officer resigns during a correctional agency investigation, prior to the 352 conclusion of a correctional agency investigation or prior to the imposition of correctional 353 agency discipline, up to and including termination, the head of said agency shall immediately 354 transmit to the division of correctional officer standards a report in a form to be determined by 355 the COAST commission; provided, that the form shall include, but shall not be limited to: (i) the 356 correctional officer's full employment history; (ii) a description of the events or complaints 357 surrounding the resignation; and (iii) a recommendation by the head of the correctional agency 358 for disciplinary action by the COAST commission, including retraining or suspension or 359 revocation of the correctional officer's certification. 360 (5) Notwithstanding any general or special law or collective bargaining agreement to the 361 contrary, nothing shall limit the ability of the head of a correctional agency to make a 362 recommendation in their professional judgement to the COAST commission relative to the 363 certification status of a correctional officer, after having followed the correctional agency's 364 internal affairs procedure and any appeal therefrom. 365 (c)(1) The division of correctional officer standards shall initiate a preliminary inquiry 366 into the conduct of a correctional officer if the COAST commission receives a complaint, report 367 or other credible evidence that is deemed sufficient by the COAST commission that the 368 correctional officer: 369 (i) was involved a correctional officer-involved injury or death; 370 (ii) committed a felony or misdemeanor, whether or not the correctional officer has been 371 arrested, indicted, charged or convicted; 372 (iii) engaged in conduct prohibited pursuant to section 14; 19 of 32 373 (iv) engaged in conduct prohibited pursuant to section 15; or 374 (v) the COAST commission receives an affirmative recommendation by the head of an 375 appointing agency for disciplinary action by the COAST commission, including retraining or 376 suspension or revocation of the correctional officer's certification. 377 (2) The division of correctional officer standards may initiate a preliminary inquiry into 378 the conduct of a correctional officer upon receipt of a complaint, report or other credible 379 evidence that is deemed sufficient by the COAST commission that the correctional officer may 380 have engaged in prohibited conduct. All proceedings and records relating to a preliminary 381 inquiry or initial staff review used to determine whether to initiate an inquiry shall be 382 confidential, except that the executive director may turn over to the attorney general, the United 383 States Attorney or a district attorney of competent jurisdiction evidence which may be used in a 384 criminal proceeding. 385 (3) The division of correctional officer standards shall notify any correctional officer who 386 is the subject of the preliminary inquiry, the head of their collective bargaining unit and the head 387 of their appointing agency of the existence of such inquiry and the general nature of the alleged 388 violation within 30 days of the commencement of the inquiry. 389 (d) The division of correctional officer standards may audit all records related to the 390 complaints, investigations and investigative reports of any correctional agency related to 391 complaints of correctional officer misconduct or unprofessionalism, including, but not limited to, 392 personnel records. The COAST commission shall promulgate rules and regulations establishing 393 an audit procedure; provided, however, that said rules and regulations shall not limit the ability 394 of the division of correctional office standards to initiate an audit at any time and for any reason. 20 of 32 395 (e) The division of correctional officer standards shall create and maintain a database 396 containing information related to a correctional officer's: (i) receipt of complaints and related 397 information, including, but not limited to: the correctional officer's appointing agency, date, a 398 description of circumstances of the conduct that is the subject of the complaint and whether the 399 complaint alleges that the correctional officer's conduct: (A) was biased on the basis of race, 400 ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, 401 immigration status or socioeconomic or professional level; (B) was unprofessional; (C) involved 402 excessive, prohibited or deadly force; or (D) resulted in serious bodily injury or death; (ii) 403 allegations of untruthfulness; (iii) failure to follow COAST commission training requirements; 404 (iv) decertification by the COAST commission; (v) correctional agency-imposed discipline; (vi) 405 termination for cause; and (vii) any other information the COAST commission deems necessary 406 or relevant. 407 (f) The division of correctional officer standards shall actively monitor the database to 408 identify patterns of unprofessional correctional officer conduct. Upon identification of a pattern 409 of unprofessional correctional officer conduct, the division of correctional officer standards may 410 recommend the evidence in its possession for review in a preliminary inquiry. 411 (g) The division of correctional officer standards shall be a law enforcement agency and 412 its employees shall have such law enforcement powers as necessary to effectuate the purposes of 413 this chapter, including the power to receive intelligence on an applicant for certification or an 414 officer certified under this chapter and to investigate any suspected violations of law. 415 Section 9. Suspension of correctional officer certification 21 of 32 416 (a)(1) The COAST commission shall immediately suspend the certification of any 417 correctional officer who is arrested, charged or indicted for a felony. 418 (2) If, after a preliminary inquiry pursuant to paragraph (1) of subsection (c) of section 8, 419 the COAST commission concludes by a preponderance of the evidence that a correctional officer 420 has engaged in conduct that could constitute a felony and upon a vote shall initiate an 421 adjudicatory proceeding of said conduct, the COAST commission shall immediately suspend a 422 correctional officer’s certification. 423 (3) The COAST commission may, after a preliminary inquiry pursuant to paragraph (1) 424 of subsection (c) of section 8, suspend the certification of any correctional officer who is 425 arrested, charged or indicted for a misdemeanor, if the COAST commission determines by a 426 preponderance of the evidence that the crime affects the fitness of the correctional officer to 427 serve as a correctional officer. 428 (4) The COAST commission may, pending preliminary inquiry pursuant to paragraph (1) 429 of subsection (c) of section 8, suspend the certification of any correctional officer if the COAST 430 commission determines by a preponderance of the evidence that the suspension is in the best 431 interest of the health, safety or welfare of the public. 432 (5) A suspension order of the COAST commission issued pursuant to this subsection 433 shall continue in effect until issuance of the final decision of the COAST commission or until 434 revoked by the COAST commission. 435 (b) The COAST commission shall administratively suspend the certification of a 436 correctional officer who fails to complete in-service training requirements of the COAST 437 commission within 90 days of the deadline imposed by the COAST commission; provided, 22 of 32 438 however, that the COAST commission may promulgate reasonable exemptions to this 439 subsection, including, but not limited to, exemptions for: (1) injury or physical disability; (2) a 440 leave of absence; or (3) other documented hardship. 441 The COAST commission shall reinstate the certification of a correctional officer 442 suspended pursuant to this subsection upon completion of the in-service training requirements of 443 the COAST commission. 444 (c) The COAST commission shall administratively suspend the certification of a 445 correctional officer with a duty to report information to the COAST commission pursuant to 446 section 8 who fails to report such information. The COAST commission shall reinstitute the 447 certificate of a correctional officer suspended pursuant to this subsection upon completion of said 448 report. 449 (d) A correctional officer whose certification is suspended by the COAST commission 450 pursuant to subsection (a), (b) or (c) shall be entitled to a hearing before a COAST commissioner 451 within 15 days. The terms of employment of a correctional officer whose certification is 452 suspended by the COAST commission pursuant to said subsection (a), (b) or (c) shall continue to 453 be subject to chapter 31 and any applicable collective bargaining agreement to which the 454 correctional officer is a beneficiary. 455 Section 10: Revocation of correctional officer certification 456 (a) The COAST commission shall, after a hearing, revoke a correctional officer’s 457 certification if the COAST commission finds by clear and convincing evidence that: 458 (i) the correctional officer is convicted of a felony; 23 of 32 459 (ii) the certification was issued as a result of administrative error; 460 (iii) the certification was obtained through misrepresentation or fraud; 461 (iv) the correctional officer falsified any document in order to obtain or renew 462 certification; 463 (v) the correctional officer has had a certification or other authorization revoked by 464 another jurisdiction; 465 (vi) the correctional officer is terminated by their appointing agency, and any appeal of 466 said termination is completed, based upon intentional conduct performed under the color of 467 office to: obtain false confessions; create or use falsified evidence, including false testimony or 468 destroying evidence to create a false impression; engage in conduct that would constitute a hate 469 crime, as defined in section 32 of chapter 22C; or directly or indirectly receive a reward, gift or 470 gratuity on account of their official services; 471 (vii) the correctional officer knowingly files a written report containing a false statement 472 or commits perjury, as defined in section 1 of chapter 268; 473 (viii) the correctional officer tampers with a record for use in an official proceeding, as 474 defined in section 13E of chapter 268; 475 (ix) the correctional officer used force in violation of section 14; 476 (x) the correctional officer used excessive force resulting in death or serious bodily 477 injury; 478 (xi) the correctional officer used a chokehold in violation of said section 14; 24 of 32 479 (xii) the correctional officer engaged in conduct that would constitute a hate crime, as 480 defined in section 32 of chapter 22C; 481 (xiii) the correctional officer engaged in the intimidation of a witness, as defined in 482 section 13B of chapter 268; 483 (xiv) the correctional officer failed to intervene, or attempt to intervene, to prevent 484 another correctional officer from engaging in prohibited conduct or behavior, including, but not 485 limited to, excessive or prohibited force in violation of section 15; 486 (xv) the correctional officer is not fit for duty as a correctional officer and the 487 correctional officer is dangerous to the public, as determined by the COAST commission. 488 (b) The COAST commission may, after a hearing, suspend or revoke a correctional 489 officer’s certification if the COAST commission finds by clear and convincing evidence that the 490 correctional officer: 491 (i) has been convicted of any misdemeanor; 492 (ii) was biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, 493 religion, mental or physical disability, immigration status or socioeconomic or professional level 494 in their conduct; 495 (iii) has a pattern of unprofessional correctional officer conduct that COAST commission 496 believes may escalate; 497 (iv) was suspended or terminated by their appointing agency for disciplinary reasons, and 498 any appeal of said suspension or termination is completed; or 25 of 32 499 (v) has repeated sustained complaints, for the same or different offenses. 500 (c) The COAST commission may reinstate the certificate of a correctional officer 501 suspended pursuant to subsection (b) at the expiration of the suspension, if the COAST 502 commission finds that all conditions of the suspension were met. 503 (d) The COAST commission may, after a hearing, order retraining for any correctional 504 officer if the COAST commission finds substantial evidence that the correctional officer: 505 (i) failed to comply with this chapter or COAST commission regulations, reporting 506 requirements or training requirements; 507 (ii) was biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, 508 religion, mental or physical disability, immigration status or socioeconomic or professional level 509 in their conduct; 510 (iii) used excessive force; 511 (iv) failed to respond an incident according to established procedure; 512 (v) has a pattern of unprofessional correctional conduct; 513 (vi) was untruthful, except for a statement or action that mandates revocation pursuant to 514 subsection (a); 515 (vii) was suspended or terminated by their appointing agency for disciplinary reasons, 516 except those reasons which mandate revocation pursuant to said subsection (a); 26 of 32 517 (viii) fails to intervene to prevent another correctional officer from engaging in prohibited 518 conduct or behavior, except a failure to intervene in conduct that mandates revocation pursuant 519 to said subsection (a); or 520 (ix) would benefit in their job performance if retrained. 521 (e) The COAST commission shall immediately notify the correctional officer and the 522 head of the appointing agency of the correctional officer who is decertified, suspended or 523 ordered to undergo retraining of the order. 524 (f) The COAST commission shall conduct preliminary inquiries, revocation and 525 suspension proceedings and hearings, and promulgate regulations for such proceedings and 526 hearings, pursuant to sections 1, 8 and 10 to 14, inclusive, of chapter 30A. Any decision of the 527 COAST commission relative to a preliminary inquiry, revocation and suspension proceeding 528 shall be appealable pursuant to chapter 30A. No adverse action taken against a certification by 529 the COAST commission pursuant to this section shall be appealable to the civil service 530 commission established under chapter 31. No employment action taken by an appointing 531 authority that results from a revocation by the COAST commission pursuant to subsection (a) 532 shall be appealable to the civil service commission established under chapter 31. 533 (g) The COAST commission shall publish any revocation order and findings. The 534 COAST commission shall provide all revocation information to the national decertification 535 index. No correctional officer may apply for certification after that correctional officer’s 536 certification has been revoked pursuant to this section. 537 (h) An appointing agency shall complete an internal affairs investigation into correctional 538 officer misconduct and issue a final disposition within one year of receiving a complaint or 27 of 32 539 notice from the COAST commission of the complaint being filed. The COAST commission may, 540 upon a showing of good cause, extend the time to complete the investigation. The COAST 541 commission shall not institute a revocation or suspension hearing pursuant to this section until 542 the correctional officer’s appointing agency has issued a final disposition or 1 year has elapsed 543 since the incident was reported to the COAST commission, whichever is sooner. If the 544 correctional officer notifies the COAST commission that the correctional officer wishes to 545 suspend such hearing pending an appeal or arbitration of the appointing agency’s final 546 disposition, the COAST commission shall suspend the hearing. Any such suspension of the 547 hearing shall not exceed 1 year from the correctional officer’s notice to the COAST commission; 548 provided, however, that at any time during which the hearing is so suspended and upon a 549 showing of good cause by the correctional officer, the COAST commission shall further suspend 550 the hearing for a period of not less than 6 months and not more than the COAST commission 551 determines is reasonable; provided, however, that any delay in instituting a revocation or 552 suspension hearing shall not exceed 1 year from the correctional officer’s request. If the 553 correctional officer notifies the COAST commission that the correctional officer wishes to 554 suspend such hearing pending the resolution of criminal charges, the COAST commission shall 555 suspend the hearing; provided, however, that the correctional officer’s certification shall be 556 suspended during the pendency of any delay in such hearing. This subsection shall not impact the 557 COAST commission’s authority to suspend a certification pursuant to section 9. 558 Section 11. Employment of decertified correctional officer prohibited 559 Neither any correctional agency, nor a sheriff, nor the executive office of public safety 560 nor any entity thereunder shall employ a decertified correctional officer in any capacity, 561 including, but not limited to, as a consultant or independent contractor. 28 of 32 562 Section 12. Retaliation for providing information to or testifying before the COAST 563 commission prohibited 564 No correctional officer or employee of the commonwealth or of any county, city, town or 565 district shall discharge a correctional officer or employee, change their official rank, grade or 566 compensation, deny a promotion or take any other adverse action against a correctional officer or 567 employee or threaten to take any such action for providing information to the COAST 568 commission or testifying in any COAST commission proceeding. 569 Section 13. Public database of orders issued pursuant to Sec. 10; cooperation with 570 national decertification index and other jurisdictions 571 (a) The COAST commission shall maintain a publicly available database of orders issued 572 pursuant to section 10 on the COAST commission's website, including, but not limited to: (i) the 573 names of all decertified correctional officers, the date of decertification, the correctional officer's 574 last appointing agency and the reason for decertification; (ii) the names of all correctional 575 officers who have been suspended, the beginning and end dates of suspension, the correctional 576 officer's appointing agency and the reason for suspension; and (iii) the names of all correctional 577 officers ordered to undergo retraining, the date of the retraining order, the date the retraining was 578 completed, the type of retraining ordered, the correctional officer's appointing agency and the 579 reason for the retraining order. 580 (b) The COAST commission shall cooperate with the national decertification index and 581 other states and territories to ensure correctional officers who are decertified by the 582 commonwealth are not hired as law enforcement or correctional officers in other jurisdictions, 583 including by providing information requested by those entities. 29 of 32 584 Section 14. Correctional Officer De-escalation tactics to be used prior to physical or 585 deadly force; prohibited uses of force 586 (a) A correctional officer shall not use physical force upon another person unless de- 587 escalation tactics have been attempted and failed or are not feasible based on the totality of the 588 circumstances and such force is necessary, proportionate and in accordance with the regulations 589 promulgated by the COAST pursuant to subsection (e) of section 15. 590 (b) A correctional officer shall not use deadly force upon a person unless de-escalation 591 tactics have been attempted and failed or are not feasible based on the totality of the 592 circumstances and such force is necessary to prevent imminent harm to a person and the amount 593 of force used is proportionate to the threat of imminent harm. 594 (c) A correctional officer shall not use a chokehold. A correctional officer shall not be 595 trained to use a lateral vascular neck restraint, carotid restraint or other action that involves the 596 placement of any part of a correctional officer’s body on or around a person’s neck in a manner 597 that limits the person’s breathing or blood flow. 598 (d) A correctional officer shall not discharge any firearm into or at a fleeing motor 599 vehicle unless, based on the totality of the circumstances, such discharge is necessary to prevent 600 imminent harm to a person and the discharge is proportionate to the threat of imminent harm to a 601 person. 602 Section 15. Duties of correctional officer observing use of unreasonable force by another 603 correctional officer; intervention; reporting; policy against retaliation; promulgation of rules and 604 regulation on use of force 30 of 32 605 (a) A correctional officer present and observing another correctional officer using 606 physical force, including deadly force, beyond that which is necessary or objectively reasonable 607 based on the totality of the circumstances, shall intervene to prevent the use of unreasonable 608 force unless intervening would result in imminent harm to the correctional officer or another 609 identifiable individual. 610 (b) A correctional officer who observes another correctional officer using physical force, 611 including deadly force, beyond that which is necessary or objectively reasonable based on the 612 totality of the circumstances shall report the incident to an appropriate supervisor as soon as 613 reasonably possible but not later than the end of the correctional officer's shift. The correctional 614 officer shall prepare a detailed written statement describing the incident consistent with uniform 615 protocols. The correctional officer's written statement shall be included in the supervisor's report. 616 (c) A correctional agency shall develop and implement a policy and procedure for 617 correctional personnel to report abuse by other correctional personnel without fear of retaliation 618 or actual retaliation. 619 (d) The COAST commission shall promulgate rules and regulations on the use of force 620 by correctional officers including, but not limited to, the appropriate use of kinetic weapons, 621 canines, and restraint chairs in correctional settings. Such rules and regulations shall be 622 consistent with this section and section 14. 623 Section 16. Annual reporting requirements 624 The COAST commission shall annually report to the general court, the governor and the 625 attorney general concerning: (1) all correctional officer-involved injuries or deaths that occurred 626 during the preceding fiscal year, including: (i) the total number of correctional officer-involved 31 of 32 627 injuries or deaths; (ii) the number of correctional officer-involved injuries or deaths reported by 628 each agency; and (iii) any operational, policy, regulatory or legislative recommendations to 629 reduce the number and seriousness of correctional officer-involved injuries or deaths; (2) all 630 correctional officers who were decertified during the preceding fiscal year, including: (i) the total 631 number of correctional officers who were decertified; (ii) the reasons for revocation of the 632 certificate and the frequency of each reason; (iii) the average number of complaints a 633 correctional officer who was decertified received over the course of their tenure as a correctional 634 officer and on a per annum basis; (iv) the frequency with which said complaints alleged bias on 635 the basis of race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical 636 disability, immigration status or socioeconomic or professional level; (v) the frequency with 637 which said complaints alleged use of excessive or prohibited force or correctional officer- 638 involved injuries or deaths; (vi) the frequency with which a correctional officer who was 639 decertified failed to meet training requirements established by the COAST commission and their 640 appointing agency; and (vii) the frequency with which a correctional officer who was decertified 641 was subject to discipline, including, but not limited to, retraining or suspension, by the COAST 642 commission and their appointing agency prior to decertification; (3) all suspensions that occurred 643 during the preceding fiscal year, including: (i) the total number of suspensions; (ii) the reasons 644 for suspensions of the certificate and the frequency of each reason; (iii) the average number of 645 complaints a correctional officer who was suspended received over the course of their tenure as a 646 correctional officer and on a per annum basis; (iv) the frequency with which said complaints 647 alleged bias on the basis of race, ethnicity, sex, gender identity, sexual orientation, religion, 648 mental or physical disability, immigration status or socioeconomic or professional level; (v) the 649 frequency with which said complaints alleged use of excessive or prohibited force or correctional 32 of 32 650 officer-involved injuries or deaths; (vi) the frequency with which a correctional officer who was 651 suspended failed to meet training requirements established by the COAST commission and their 652 appointing agency; and (vii) the frequency with which a correctional officer who was suspended 653 was subject to discipline, including, but not limited to, retraining or previous suspension, by the 654 COAST commission and their appointing agency prior to suspension; (4) all retraining orders 655 imposed by the COAST commission that occurred during the preceding fiscal year, including: (i) 656 the total number of retraining orders, by type of retraining ordered; (ii) the reasons for retraining 657 and the frequency of each reason, by type of retraining ordered; (iii) the average number of 658 complaints a correctional officer who was subject to a retraining order, by type of retraining 659 ordered, received over the course of their tenure as a correctional officer and on a per annum 660 basis; (iv) the frequency with which said complaints alleged bias on the basis of race, ethnicity, 661 sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status 662 or socioeconomic or professional level, by type of retraining ordered; (v) the frequency with 663 which said complaints alleged use of excessive or prohibited force or correctional officer- 664 involved injuries or deaths, by type of retraining; (vi) the frequency with which a correctional 665 officer who was subject to a retraining order, by type of retraining ordered, failed to meet 666 training requirements established by the COAST commission and their appointing agency; and 667 (vii) the frequency with which a correctional officer who was subject to a retraining order was 668 previously subject to discipline, by type of retraining ordered, including, but not limited to, 669 retraining or suspension, by the COAST commission and their appointing agency; (5) the total 670 number of injuries or deaths of correctional officers; and (6) any other action the COAST 671 commission has taken. The COAST commission shall make such further reports on matters 672 within its jurisdiction as necessary.