New Hampshire Revised Statutes 106-L:5 – Powers
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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 N.H. Rev. Stat. § 594:26, and establish rules under N.H. Rev. Stat. Chapter 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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. § 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.
I. Adopt rules for the administration of this chapter in accordance with the provisions of RSA 541-A.
Terms Used In New Hampshire Revised Statutes 106-L:5
- Arrest: Taking physical custody of a person by lawful authority.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Donor: The person who makes a gift.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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 N.H. Rev. Stat. § 594:26, and establish rules under N.H. Rev. Stat. Chapter 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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. § 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.