Section 42-28.6-13 - [Effective 1/1/2025] SuspensionsI. Suspensions -- Summary punishment. (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or the highest ranking officer of the law enforcement agency.(b) Summary punishment of up to five (5) working days' suspension without pay may be imposed for minor violations of departmental rules and regulations.(c) Summary punishment of up to fourteen (14) working days without pay may be imposed subsequent to a formal complaint filed with the department for the following violations of departmental rules and regulations that do not result in pending criminal charges requiring discipline pursuant to the remaining provisions of this section: (1) The use of deadly force in violation of departmental rules and regulations;(2) Excessive force or use of force that leads to serious physical injury or death in violation of departmental rules and regulations;(3) Felonious conduct, including conduct that rises to a felony domestic violence as defined in § 12-29-2(a), in violation of departmental rules and regulations; and/or(4) Professional dishonesty relating to the reporting, investigation, or prosecution of a crime or to the reporting or investigation of misconduct by another law enforcement officer in violation of departmental rules and regulations.(d) The sole and exclusive remedy for appeals of summary punishments under subsections (b) and (c) of this section shall be subject to the grievance and arbitration provisions of the accused law enforcement officer's collective bargaining agreement.II. Suspensions -- Disciplinary action. (a) Suspension may be imposed by the chief or the highest ranking sworn officer of the law enforcement agency when the accused law enforcement officer is under investigation for a criminal felony matter. Any suspension shall consist of the accused law enforcement officer being relieved of duty, and they shall receive all ordinary pay and benefits as they would receive if they were not suspended. Suspension under this subsection shall not exceed one hundred eighty (180) days.(b) In cases where felonious conduct by a law enforcement officer results in a felony arrest, in which the law enforcement officer is charged, indicted, or informed against, including an arrest for a felony domestic violence offense, nothing shall prohibit the imposition of a suspension without pay. Where the law enforcement officer is acquitted of the felony charge or where the felony charge has been dismissed in its entirety, the law enforcement officer shall be entitled to be made whole.(c) Suspension may be imposed by the chief or highest ranking sworn officer of the law enforcement agency when the accused law enforcement officer in under investigation for a misdemeanor criminal matter. Any such suspension shall consist of the accused law enforcement officer being relieved of duty, and they shall receive all ordinary pay and benefits as they would receive if they were not suspended. Suspension under this subsection shall not exceed thirty (30) days; provided, however, that if an accused officer is charged with a misdemeanor offense the chief or highest ranking sworn officer of the law enforcement agency may continue said suspension with pay up to a total of one hundred and eighty (180) days. If the disposition of the criminal matter does not take place within one hundred eighty (180) days of the commencement of such suspension, the accused law enforcement officer may be suspended without pay and benefits; provided, however, that the accused officer's entitlement to such medical insurance, dental insurance, disability insurance and life insurance as is available to all other officers within the agency shall not be suspended. The accused law enforcement officer may petition the presiding justice of the superior court for a stay of the suspension without pay, and such stay shall be granted upon a showing that said delay in the criminal disposition was outside the accused law enforcement officer's control. In the event the accused law enforcement officer is acquitted of any misdemeanor related thereto, the officer shall be forthwith reinstated and reimbursed all salary and benefits that have not been paid during the suspension period.(d) Suspension may be imposed by the chief or highest ranking sworn officer of the law enforcement agency when the accused law enforcement officer is under investigation for a noncriminal matter. Any such suspension shall consist of the accused law enforcement officer being relieved of duty, and they shall receive all ordinary pay and benefits as they would receive if they were not suspended. Suspension under this subsection shall not exceed fifteen (15) days or any other time frame established under the provisions of any applicable collective bargaining agreement.(e) Suspension may be imposed by the chief or highest ranking sworn officer of the law enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b) of this chapter in which termination or demotion is the recommended punishment. Any such suspension shall consist of the accused law enforcement officer being relieved of duty, and they shall receive all ordinary pay and benefits as he or she would receive if he or she were not so suspended.(f) Any law enforcement officer who is charged, indicted or informed against for a felony or who is convicted of and incarcerated for a misdemeanor may be suspended without pay and benefits at the discretion of the agency or chief or highest ranking sworn officers; provided, however, that the accused officer's entitlement to medical insurance, dental insurance, disability insurance and life insurance as is available to all other officers within the agency shall not be suspended. In the event that the law enforcement officer is acquitted of any felony related thereto, the officer shall be reinstated and reimbursed forthwith for all salary and benefits that have not been paid during the suspension period.(g) Any law enforcement officer who is convicted of a felony shall, pending the prosecution of an appeal, be suspended without pay and benefits; provided, however, that the accused officer's entitlement to such medical insurance, dental insurance, disability insurance and life insurance as is available to all other officers within the agency shall not be suspended. Whenever, upon appeal, such conviction is reversed, the suspension under this subsection shall terminate and the law enforcement officer shall forthwith be paid the salary and benefits that would have been paid to them during that period of suspension. (h) In the disposition of a criminal case, no matter the jurisdiction, any law enforcement officer who pleads guilty, enters an Alford plea or pleads nolo contendere to a felony charge, even if followed by a sentence of probation, or who makes an admission of sufficient facts to sustain the felony charge or charges, or whose conviction of a felony has, after or in the absence of a timely appeal, become final shall be dismissed by the law enforcement agency and, in the event of such dismissal, other provisions of this chapter shall not apply. A dismissal of a law enforcement officer pursuant to the provisions of this subsection shall be immediately reported to the Rhode Island police officers commission on standards and training, established pursuant to chapter 28.2 of this title.R.I. Gen. Laws § 42-28.6-13
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, § 42-28.6-13; P.L. 1976, ch. 186, § 1; P.L. 1980, ch. 272, § 1; P.L. 1985, ch. 271, §1; P.L. 1995 , ch. 19, § 1; P.L. 2007 , ch. 340, § 31.This section is set out more than once due to postponed, multiple, or conflicting amendments.