Section 42-28.6-11 - [Effective 1/1/2025] Decisions of hearing committee(a) The hearing committee shall be empowered by majority vote to sustain, modify in whole or in part, or reverse the complaint or charges of the investigating authority, as provided in § 42-28.6-4.(b) Any decision, order, or action taken as a result of the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. Copies of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to the accused law enforcement officer or to their attorney or representative of record and to the law enforcement agency or to its attorney or representative of record.(c) In any proceeding under this chapter, it shall be the burden of the charging law enforcement agency to prove, by a fair preponderance of the evidence, that the accused law enforcement officer is guilty of the offense(s) or violation(s) of which he or she is accused.(d) Copies of any decision, order or action taken indicating guilt of the accused officer of any offense or violation shall be transmitted promptly to the Rhode Island police officers commission on standards and training established pursuant to chapter 28.2 of this title, and shall be reviewed and considered with respect to any subsequent request to the commission to approve a reinstatement, assignment, transfer or employment of the accused law enforcement officer.(e) The chairperson shall create an administrative record of each hearing, which shall include the notice provided pursuant to § 42-28.6-4(b), the request for a hearing provided pursuant to § 42-28.6-4(c), any assignments and notices to members of the committee, the record of the hearing, the decision of the committee and any notice of appeal. Upon completion of the hearing and notification of the decision to the accused law enforcement officer and to the charging law enforcement agency, the chairperson shall transmit a complete and accurate copy of the administrative record to the chief justice of the Rhode Island supreme court and to the Rhode Island police officers commission on standards and training.(f) The Rhode Island police officers commission on standards and training shall permanently maintain the administrative record of all hearings conducted pursuant to this chapter.(g) The Rhode Island police officers commission on standards and training shall publish on its website in analyzable machine-readable format a report reflecting the status of all pending hearings in addition to any decision, order or action taken indicating guilt of the accused officer of any offense or violation, including the name of the officer, the officer's employing agency, and the misconduct the officer committed or is alleged to have committed. However, disciplinary actions subject to § 42-28.6-13(I)(b) shall not be subject to these provisions.(h) The Rhode Island police officers commission on standards and training shall report any suspension, decision, order or action taken indicating guilt of the accused officer of any offense or violation except those summary suspensions pursuant to § 42-28.6-13(I)(b) to the national decertification index maintained by the International Association of Directors of Law Enforcement Standards and Training. The commission may issue regulations identifying other similar national or regional indices to which it wishes to contribute discipline information. In the event that the federal government establishes a nationwide decertification index, the commission shall submit information to that index.R.I. Gen. Laws § 42-28.6-11
Amended by 2024 Pub. Laws, ch. 69,§ 2, eff. 1/1/2025.Amended by 2024 Pub. Laws, ch. 70,§ 2, eff. 1/1/2025.G.L. 1956, § 42-28.6-11; P.L. 1976, ch. 186, §1; P.L. 1995 , ch. 19, § 1.This section is set out more than once due to postponed, multiple, or conflicting amendments.