RSA 106-L:2 · Definitions

106-L:2 Definitions. – In this chapter:

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I.

"Committee" means the law enforcement conduct review committee.

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II.

"Council" means the police standards and training council. II-a. "Court security officer" means a security officer employed by the judicial branch who performs such duties as may be established under the order and direction of the chief justice of the supreme court.

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III.

"Director" means the director of the police standards and training council.

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IV.

"Law enforcement officer" means any individual who is:

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(a)

Employed by a local, municipal, county, or state governmental agency, or public university, in the state of New Hampshire;

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(b)

Certified or certifiable by the police standards and training council; and

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(c)

Responsible for the prevention, detection, or prosecution of crimes and the enforcement of the laws of the state and of its political subdivisions; and at least one of the following:

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(1)

Has full general arrest powers, or

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(2)

Is a certified or certifiable state corrections officer, or

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(3)

Is a certified or certifiable state probation-parole officer.

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V.

"Misconduct" means:

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(a)

An officer has been convicted of one or more the following:

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(1)

A crime which constitutes a felony in this or any other state;

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(2)

A misdemeanor for which there was a sentence of incarceration, regardless of whether all or part of the sentence was suspended;

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(3)

Driving while intoxicated in this or any other state;

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(4)

A crime of moral turpitude. "Moral turpitude" means an illegal act involving dishonesty, deceit, theft, or willful misrepresentation, or a crime which tends to bring discredit on the police or corrections service. A crime of moral turpitude shall include those crimes listed in POL 402.02(a)(4); or

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(b)

A sustained finding that the officer has engaged in conduct negatively reflecting on the officer's trustworthiness or credibility, including but not limited to:

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(1)

A deliberate and material lie during a civil, administrative, or criminal proceeding, in a police report, an internal investigation, or an investigation conducted by the New Hampshire police standards and training council;

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(2)

A falsification of records or evidence in an investigation or official proceeding; or

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(3)

A misrepresentation or tampering with official records or reports, tampering with witnesses or falsifying evidence; or

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(c)

A sustained finding that during the course of the officer's official duties, the officer engaged in discriminatory conduct on the basis of age, sex, sexual orientation, gender identity, race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or

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(d)

A sustained finding that the officer engaged in conduct, whether on or off duty, that would adversely reflect on their fitness to perform law enforcement or corrections duties to include engaging in racist conduct or making racist statements; or

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(e)

A sustained finding that the officer engaged in acts or omissions of conduct which would cause a reasonable person to have doubts about the individual's honesty, fairness, and respect for the rights of others and for the laws of the state or nation; or

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(f)

A sustained finding that the officer knowingly committed an egregious dereliction of duty resulting in a preventable fatality or serious bodily injury or resulting in the deprivation of constitutional rights or leads to the failure of someone to be prosecuted for a felony; or

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(g)

A sustained finding that during the course of the officer's official duties, the officer engaged in the use of excessive and illegal force.

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VI.

"State corrections officer" means any sworn classified employee of the New Hampshire department of corrections who is responsible for the physical custody and security of inmates at a state correctional institution and is authorized by law to use force to prevent escapes from such institution.

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VII.

"Sustained finding" means a final determination on the merits of an allegation only after the completion of the grievance or legal appeal process, and after the officer has exhausted all appellate rights, unless the grievance or legal process determines that the alleged misconduct was unfounded, not sustained, or that the officer was exonerated.

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VIII.

"State probation-parole officer" means any sworn employee of the New Hampshire department of corrections who is responsible for the supervision of probationers and parolees, who has an assigned caseload, and who has the authority to arrest for violations of the rules of probation or parole.

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IX.

"Valid complaint" means a statement in writing made by a person who identifies themselves to the council or any law enforcement agency that alleges a certified law enforcement officer, state corrections officer, or probation parole officer has committed an act or acts of misconduct.

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X.

"Valid investigation" means an investigation conducted pursuant to a law enforcement agency's established or accepted procedures. An investigation shall not be valid if:

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(a)

The agency has not adopted an effective internal affairs program;

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(b)

The agency refuses, without any legitimate basis, to conduct an investigation;

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(c)

The agency intentionally did not report allegations to the council as required;

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(d)

The agency attempts to cover up the misconduct or takes an action intended to discourage or intimidate a complainant;

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(e)

The agency's executive officer is the officer accused of the misconduct; or

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(f)

The agency's findings or conclusions are clearly not supported by the evidence or contain material errors or omissions of fact or law.

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XI.

"Administrative suspension" means a temporary and non-disciplinary suspension of the certification of a police officer, corrections officer, or probation-parole officer for regulatory purposes pending an investigation or hearing. Source. 2017, 206:1, eff. Sept. 8, 2017. 2022, 312:2, eff. Jan. 1, 2023. 2023, 71:1, eff. Aug. 6, 2023.

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