2021 Spring Bulletin

BULLETIN

SPRING 2021

PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION

Inside this Issue: PCPA Executive Board and Committees

PCPA 108th Annual Conference

PCPA Member Spotlight

Active Bystander Training for Law Enforcement

Legal Update for Law Enforcement

Fitness Testing Police Candidates

Legislative Report

Active Bystandership Can Be Taught and Learned

CODY is ready for NIBRS

are you? www.codysystems.com Data Driven.

5 SHIELD

SPONSOR

VZ W Wi - F i

contents

USPS 425940 • ISSN 0031-4404

SPRING 2021 • Vol. 123; Issue 1

13 32 34 40 42 46

James Adams Joins Staff at PCPA Headquarters as Pennsylvania Law Enforcement Accreditation Commission Program Manager PCPA 108th Annual Education & Training Conference EnABLE Pennsylvania: Active Bystander Training for Law Enforcement Fitness Testing Police Candidates: Two Methods; and, a follow-up of the results to Chambersburg PD’s new recruiting efforts

34

PA Capital Area: A Bring Your Own System Approach to Data Sharing Active Bystandership Can Be Taught and Learned

COLUMNS AND DEPARTMENTS 5 PCPA Executive Board and Committees 5

PCPA Staff

6

President’s Message

7

Executive Director’s Message

8

Our Sponsors

9

Welcome New Members

10 Member Spotlight 15 Legal Update for Law Enforcement 22 Legislative Report 51 Technology Update 54 PCPA Membership Application

46 Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (spring, summer, fall and winter) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536.

The content of the PCPA BULLETIN is to be a practical reference featuring PCPA information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative goals, news items, PCPA upcoming events and legal issues. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o Scott Bohn, 3905 North Front Street, Harrisburg, PA 17110-1536, or email to sbohn@pachiefs.org.

3

A pocket sized policy manual means more time for police work.

PING!

READ

Learn more at powerdms.com/mobile-app

SIGN

OFFICERS Albert Walker Chairman Chief of Police Hanover Township

PCPA STAFF Royce Engler 3rd Vice President Chief of Police Wright Township

William Richendrfer Secretary – 2023 Chief of Police South Centre Township

Fred Harran 2nd Vice President Director of Public Safety Bensalem Township

Michael Vogel 4th Vice President Chief of Police Allegheny County Housing Authority

Ken Truver Treasurer – 2023 Chief of Police Castle Shannon Borough

Al Coghill -2022 Chief of Police Canonsburg Borough

Larry Palmer – 2022 Chief of Police Palmer Township

Jason Loper - 2022 Chief of Police Fairview Township

David Splain - 2022 Chief of Police Nether Providence

James Sabath – 2022 Chief of Police Newtown Borough

Mark Toomey – 2021 Chief of Police Upper Providence Township

Tim Trently - 2022 Chief of Police Archbald Borough

Aaron Lauth - 2023 Chief of Police Mount Lebanon

John English President Chief of Police Edgeworth Borough

David Steffen 1st Vice President Chief of Police Northern Lancaster County Regional

BOARD MEMBERS

Thomas Gross – 2022 Chief of Police (Ret.) York Area Regional Police

Scott L. Bohn, Executive Director, sbohn@pachiefs.org Marcia Nixon, Administrative Assistant to the Executive Director, mnixon@pachiefs.org Jim Adams, Accreditation Program Manager, jadams@pachiefs.org Gregory Bean, Consulting & Testing Services Coordinator, gbean@pachiefs.org Christopher Braun, Grants Management and Technology Coordinator, cjbraun@pachiefs.org Cheryl Campbell, Administrative Manager, ccampbell@pachiefs.org Jerry Miller, Offender Identification Technology Program Manager, jmiller@pachiefs.org Andrea Sullivan, Administrative Assistant and Accreditation Assistant, asullivan@pachiefs.org

Thomas Rudzinski – 2021 Chief of Police Manheim Township

42

51

BUDGET & PERSONNEL

LEGISLATIVE

Chair: John English, Chief of Police, Edgeworth Borough Royce Engler, Chief of Police, Wright Township Fred Harran, Director of Public Safety, Bensalem Township Bill Richendrfer, Chief of Police, South Centre Township David Steffen, Chief of Police, Northern Lancaster County Regional Ken Truver, Chief of Police, Castle Shannon Borough Michael Vogel, Chief of Police, Allegheny County Housing Authority

Chair: Fred Harran, Director of Public Safety, Bensalem Township Randy Cox, Chief of Police, Somerset Borough Thomas Gross, Chief of Police (Ret.), York Area Regional Police David Mettin, Chief of Police, Plumstead Township Dean Osborne, Chief of Police, Grove City Borough Larry Palmer, Chief of Police, Palmer Township Thomas Rudzinski, Chief of Police, Manheim Township David Steffen, Chief of Police, Northern Lancaster County Regional

EDUCATION & TRAINING

MEMBERSHIP/BYLAWS

Chair: David Steffen, Chief of Police, Northern Lancaster County Regional William J. Daly, Chief of Police, Horsham Township Royce Engler, Chief of Police, Wright Township Ashley Heiberger, Retired Captain, Bethlehem City Aaron Lauth, Chief of Police, Mount Lebanon Jason Loper, Chief of Police, Fairview Township David Splain, Chief of Police, Nether Providence Police Department George Swartz, Chief of Police, Spring Garden Township Ken Truver, Chief of Police, Castle Shannon Borough

Chair: Royce Engler, Chief of Police, Wright Township David Splain, Chief of Police, Nether Providence Police Department Mark Toomey, Chief of Police, Upper Providence Township Timothy Trently, Chief of Police, Archbald Borough Ken Truver, Chief of Police, Castle Shannon Borough Michael Vogel, Chief of Police, Allegheny County Housing Authority

NOMINATING Chair: Michael Vogel, Chief of Police, Allegheny County Housing Authority

5

SPRING 2021 BULLETIN

executive board & committees

PRESIDENT’S MESSAGE

DEAR MEMBERS,

A

s we move forward into 2021, we are all hoping and praying for a better year. The New Year has brought additional challenges for our members. At the end of the day, I am confident and have great faith that the professional law enforcement leaders in Pennsylvania and our law enforcement community will be stronger than ever.

WE WERE ABLE TO MANAGE THROUGH THE MOST CHALLENGING OF YEARS BY RELYING ON, AND NETWORKING WITH, ONE ANOTHER. WE ARE NOT DETERRED

BY AN APPEARANCE OF PARTISAN POLITICS AT A NATIONAL AND STATE

PA CHIEFS OF POLICE ASSOCIATION

LEVEL.

As the President of the PCPA, it has been my mission to maintain our professionalism. I have emphasized training and partnerships with the communities that we serve. Our organization stands with and advocates for professional policing. It is critical that our members keep abreast of legal updates, the activity in the PA General Assembly and resources that benefit our executives and partners. Our programming and recent initiatives are critical to policing in Pennsylvania. Our Accreditation program and our annual training conference are just two of many options for today’s Chief Executive. 40,000 individuals have visited our website in January alone: I would encourage you to visit our website and engage! We want your input.

Since 1914, the PCPA has succeeded by drawing police agencies from all over the Commonwealth together for a common purposeserving the public. We were able to manage through the most challenging of years by relying on, and networking with, one another. We are not deterred by an appearance of partisan politics at a national and state level. Our mission and guiding principles remain consistent. I am honored to serve with the men and women in our Commonwealth.

I leave you with a quote from Christopher Buckley, “There are no permanent victories and there are no permanent defeats, but there are permanent values.” Thank you for your courage, bravery, sacrifices and commitment to law enforcement in Pennsylvania.

Sincerely,

John English

CHIEF OF POLICE, EDGEWORTH BOROUGH PCPA PRESIDENT

6

EXECUTIVE DIRECTOR’S MESSAGE SPRING 2021 BULLETIN

DEAR MEMBERS,

P

olicing is one of our country’s most difficult and challenging professions. Each and every day, we recognize that the public’s expectations of policing has expanded. Your communities have an expectation that you will reduce crime and disorder and increase policing accountability. Pennsylvania’s law enforcement executives, our membership, have led at a time without precedent. Leadership at a time of a continuously changing environment and a myriad of challenges- a pandemic, civil unrest, an attempted insurrection at the symbol of our democracy, calls to defund police, calls to eliminate qualified immunity, economic hardships, budgeting hardships, political partisanship, an increase in retirements, recruiting and retention challenges, concern for the overall wellness of our law enforcement personnel, changes in the laws of our Commonwealth and crime.

I am grateful for your leadership. I am grateful for the brave and courageous individuals who sacrifice and serve. Policing is a noble profession, and there is no greater honor or privilege than serving the public. It is our responsibility to provide leadership and to ensure that our personnel have the tools and resources to reduce crime, maintain wellness and ensure everyone’s rights are protected and our communities are safe. Pennsylvania’s law enforcement executives have embraced the demands and expectations and continue to make our communities a safe place to live, learn and work.

We have work to do. We must continue to evolve to meet the challenges ahead. “Identify your problems, but give your power and energy to solutions.” We need thoughtful leaders and continued engagement.

The law enforcement professionals in Pennsylvania that I have been honored to work with are compassionate individuals who are willing to sacrifice their own safety for their fellow citizens. I know that as a profession we are proud and committed to upholding our oaths and obligations. Thank you for your faithful service. I look forward to a fantastic conference at a great location, Kalahari in the Poconos in July.

Education and Training Conference Each year, the PCPA convenes our organization’s largest and most important event — The Annual PCPA Education and Training Conference.

The Conference combines prominent speakers and training professionals and valuable leadership insights for the police executive along with social and networking functions highlighted by the Installation Banquet.

This year’s event marks our 108th Annual Conference. The Conference is a time to learn, exchange ideas, establish communication networks, and renew friendships. Our vendor exhibits open on Sunday afternoon, July 18th. The exhibits provide our members with an opportunity to view and tryout the latest in tools, technology, hardware and software CONTINUED ON PAGE 8 7

WE HAVE WORK TO DO. WE MUST CONTINUE TO EVOLVE TO MEET THE CHALLENGES AHEAD. “IDENTIFY YOUR PROBLEMS, BUT GIVE YOUR POWER AND ENERGY TO SOLUTIONS.”

www.facebook.com/pachiefsofpolice www.twitter.com/pachiefs www.instagram.com/pachiefsofpolice

EXECUTIVE DIRECTOR’S MESSAGE (CONTINUED) for the law enforcement professional. Sunday evening, prior to dinner, NFL Hall of Fame quarterback Jim Kelly will speak with our attendees on his “Journey of Perseverance.” The training portion of our Conference commences Monday, July 19th. Pennsylvania Attorney General Josh Shapiro will offer our opening Keynote address. In the morning, Labor Attorney’s from the prestigious law firm of Campbell Durrant, P.C. will present on Pennsylvania’s Act 57 and 59. This is an important topic for our membership that will go into effect in July of this year. On Monday afternoon, we will be proving an orientation and presentation on our initiative to “En-ABLE” Pennsylvania, (see the articles in this edition ). Monday evening is our incoming president’s themed reception and dinner party. On Tuesday, the 20th, we have an excellent presentation on Crime Scene Principles (Technology) for Chiefs and an afternoon program by well renowned speaker and Gordon Graham. Tuesday evening is our Installation banquet and reception. On Wednesday morning July 21st, we finish our training programs with Chris Boyle, Esq. and “Legal Issues for Police Chiefs.” You certainly do not want to miss any of this year’s training. Multiple classes will be CLEE accredited.

In addition to these training opportunities, The Annual Conference is a chance for our entire membership and our colleagues and friends to come together for professional development and networking. The last 12 months have been challenging. We are looking forward to a productive, informative, and enjoyable Conference.

Scott L. Bohn

PA CHIEFS OF POLICE ASSOCIATION

EXECUTIVE DIRECTOR,

8

Active Members Lackawanna County District Attorney's Office David M. Baker Chief County Detective

Jefferson Hills Police Department Kevin King Lieutenant

Olyphant Police Department James DeVoe Chief of Police

Sewickley Borough Police Department David V. Mazza Assistant Chief of Police

New Berlin Police Department Gregory Drollinger Officer in Charge

PA Office of Attorney General Marlon Miller Deputy Chief of Police

Hemlock Farms Public Safety Department William Durando Chief of Police

Upper Allen Township Police Department Andrew Parsons Chief of Police

Mifflin County Regional Police Department Andre French Chief of Police

Oil City Police Department David A. Ragon Chief of Police

Mount Joy Borough Police Department Robert Goshen Chief of Police

Chester County Detectives David Sassa Chief County Detective

Liberty Township Police Department Sherri Hansen Chief of Police

City of Greensburg Police Department Robert Stafford Chief of Police

Hemlock Farms Public Safety Department Michael Jaferis Lieutenant

Lower Swatara Township Police Department Dominic Visconti Chief of Police

Northern Lancaster County Regional Police Department Joshua Kilgore Lieutenant

Bloomsburg University Police Department Ramon Welkom Director of Public Safety

PENNSYLVANIA LAW ENFORCEMENT ACCREDITATION

THE SYMBOL OF

ONGOING RISK MANAGEMENT Featuring a credible, affordable, and practical law enforcement accreditation program unique to Pennsylvania.

Training and start-up materials are provided

Call PCPA headquarters at (717) 236-1059 Pennsylvania Chiefs of Police Association | A program partially funded by PCCD

9

SPRING 2021 BULLETIN

Welcome New Members

David Splain Chief of Police / Nether Provi Q. Why did you become involved in law enforcement?

A. I got involved with law enforcement because I believed that it was a profession where I could help people and make a difference in the world that we live in.

Not necessarily the immediate past or current President, but just the position to see what a day in the life of the President of the United States entailed.

Q. What is your current occupation/title/department?

A. Currently, I am the Police Chief in Nether Providence Township (Delaware County), a position that I have held since 2013.

PA CHIEFS OF POLICE ASSOCIATION

Q. What do you consider to be your greatest accomplishment to date?

A. Personally, being the father of three great children, David Jr. (26), Victoria (24) and Matthew (22). Professionally, becoming the President of the Delaware County Police Chiefs Association and the President of the Police Chiefs Association of Southeastern Pennsylvania, both in 2020, which made for an extremely busy and challenging year, with all of the obstacles that law enforcement had to confront.

Q. What is the most important skill you have developed in your career?

A. Patience, the ability to take in what is going on around you without overreacting, process that information, and make a rational and well thought out decision.

Q. Who has been the most influential person in your career?

A. Four people have been very influential to my career. My father, Walter Splain taught me the work ethic it takes to become

successful in life. Chief Robert Matteucci of the North Wildwood Police Department, in 1985 he was my Sergeant on my first police job as a summer cop, and although he was tough, he taught me the gift of writing an outstanding police report, which help build the foundation of my young career.

Chief Robert Smythe of the Darby Borough Police Department hired me and provided me with the opportunity to pursue my goal of making law enforcement a career. Chief Donald Molineux of the Yeadon Police Department, who I worked under for 25 years, provided me with the flexibility and latitude to “Allow Me To Become Me”, and develop my own style and skill set as I rose through the ranks under his command.

Q. What is one item you cannot live without?

A. Other than air and food, you learn to adapt to adversity and can survive without needing much.

Q. Who would you choose to switch places with for a day?

A. I would switch places with the President of the United States.

10

Q. If you could plan a vacation to anywhere in the world, where would you go?

A. I have always thought about spending a week, and flying into San Francisco, renting a convertible and driving down the Pacific Coast Highway, visiting all the beautiful coastal cities and ending the trip in San Diego.

Q. What books are you currently reading?

A. With the busy schedule that I keep, I find it difficult to find time to read.

Q. What songs/artists are in your playlist?

A. I will go a little old school with this question, Journey and all of their songs would be my favorite musical group.

Q. What is the best piece of advice you have ever received?

A. Treat everyone how you would want your mother to be treated, and you will never have a problem.

Q. What advice would you give to someone looking to pursue a career in law enforcement?

A. Although the law enforcement profession has changed dramatically during the span of my 36-year career, I still believe that there is not a greater or more noble profession than law enforcement. If you enter this profession for all of the right reasons, want to help people and make a difference in the world

Success is when preparation meets opportunity. The opportunities will always be there, you need to be prepared to confront them. that we live in, this is the right profession for you.

Q. What are your hobbies?

A. I enjoy golf and fishing and any other activity that involves water and sunsets.

Q. What do you like most about your occupation?

A. What I like most is the variety that the job offers, each day that you arrive at work, you never know what challenges that you will be faced with that day. Each day is always different from the next.

Q. How do you define success?

A. Success is when preparation meets opportunity. The opportunities will always be there, you need to be prepared to confront them.

Q. Why did you join the PCPA? A. I joined the PA Chiefs to obtain up-to-date information and engage in networking opportunities, that will benefit my police department, the police departments in Delaware County as well as the police departments in Southeastern Pennsylvania.

Member Spotlight

Q. What Committees or organizations do you belong to, our volunteer at?

A. Pennsylvania Police Chiefs Association- 2013 – present 2018-present- Executive Board Police Chiefs Association of Southeastern Pennsylvania- 2013 – present 2021- Secretary 2020- President 2019- 1st Vice-President 2016-2018- Executive Board Member Delaware County Police Chiefs Association- 2013 – present 2021- Chairman Executive Board 2020- President 2019- 1st Vice-President 2015-2018- Executive Board Member Delaware County Women Against Rape & Crime Victim Services2018 – present 2020-2022- Board President 2019-2020- Board Vice-President 2018-2019- Executive Board Member Governor’s Motor Carrier Safety Advisory Committee- 2021 – present

11

• Appointed by Governor Wolf(2021)

Delaware County PIAA Baseball Umpires Association- 2003 – present 2007-present- President PIAA Chester Chapter Football Officials- 2003 – present 2018- present- Executive Board Member Q. Do you have any pets?

A. Our family has two cats, Simon and Binks, they were inherited when my kids decided to bring them home.

Q. If you had to eat one meal every day for the rest of your life, what would it be?

A. Spaghetti and meatballs.

Q. What is something about you (fun fact) that not many people know?

A. I have been refereeing high school football and umpiring high school baseball for the past 18 years.

SPRING 2021 BULLETIN

idence Police Department

16TH ANNUAL VIRTUAL PENNSYLVANIA LAW ENFORCEMENT ACCREDITATION TRAINING CONFERENCE Registration is now available for the 16th Annual VIRTUAL Pennsylvania Law Enforcement Accreditation Training Conference. The Conference will be a virtual conference due to COVID-19 restrictions. It will be held on March 22 and 23, 2021.

Registration information can be found at www.pachiefs.org under Training/Events.

For those considering Accreditation and those already accredited, if you have not recently visited the PLEAC webpage, go to the PA Chiefs of Police Association webpage: www.pachiefs.org and click on the Accreditation tab.

This will provide you with a wealth of information on the program including but not limited to the enrollment process, resources, list of Accredited Agencies, list of Premier Agencies, copy of the standards manual, etc. You do not need to be a PCPA member and/or enrolled in Accreditation to visit this website so feel free to share.

While there, check out the new Pennsylvania Police Accreditation Coalition (PPAC) website. There is a link under the Resource tab or go to; www.papac.org were you will find additional resources to help guide you thru the accreditation process. Although not required to belong to the PPAC, it is highly recommended that upon enrollment in accreditation, you seriously consider joining this valuable resource group.

Is Your Information Up to Date?

PA CHIEFS OF POLICE ASSOCIATION

Please take a moment to visit the PCPA website at www.pachiefs.org and log in at the top right corner using your email and password.

Logging in will allow you to gain access to members-only pages and information as well as the full membership directory. Here you can make changes to your contact information and department information.

Increasingly, the PA Chiefs of Police Association uses electronic methods, such as our website, to keep our membership up to date and informed. Please make sure your email address is current and correct so that you don’t miss out on pertinent information between magazines.

Your accurate information will allow us to better serve you!

12

T

he PCPA announced in January that James Adams had joined the staff at PCPA Headquarters as the Pennsylvania Law Enforcement Accreditation Commission Program Manager. Adams has a long association with both PLEAC and with the PCPA. In 2001 while serving as a Lieutenant at the Upper Allen Township Police Department (UATPD) he became their first PLEAC Accreditation Manager and started the process toward accreditation. In May 2002 Jim became a PLEAC Assessor and began conducting on-site assessments for PLEAC and served as team leader on numerous occasions.

The Pennsylvania Chiefs of Police Association, our staff, and our membership welcome Jim. His expertise and relationships throughout the Commonwealth will be a great benefit to PCPA and PLEAC. Adams holds a master’s degree in Public Administration from Shippensburg University and is a graduate of the 173rd Session of the FBI National Academy.

he was elected PLEAC Chairperson and during his tenure as Chairperson, traveled across PA representing PLEAC & PCPA. Adams retired from UATPD at the rank of Chief after serving with the Department for over 42 years. He remains active as a life member in the PCPA, Central PA Chiefs, Cumberland County Chiefs, and the Eastern PA Chapter of the FBINAA.

Adams was appointed Chief of Police at UATPD in 2003 and became a PCPA member. Later, Adams represented Central PA on the PCPA Executive Board and on PLEAC. In 2010 under his leadership, UATPD became the 68th Accredited Police Department in PA. In 2018

13

SPRING 2021 BULLETIN

James Adams Joins Staff at PCPA Headquarters as Pennsylvania Law Enforcement Accreditation Commission Program Manager

I N T R O D U C I N G

2020 NUMBERS

40,337,507 12,243,707

Total actions on the CRIMEWATCH Network

CRIMEWATCH is a proven and secure engagement technology specifically designed for Law Enforcement and the communities they serve.

CRIMEWATCH works to enhance the goals of Community Policing by disseminating information, engaging and collaborating with local community members, and humanizing the badge.

B

B

B

B

B

B

B

B

B

B

Single entry distribution across multiple channels Tip submission with intelligence tracking Intelligence Analytics Social Media integration Control Share™ Take-Down Technology Web Application Mobile Application Private Broadcast Network of TVs Crime Mapping Online/social Engagement Analytics & Reports

B

B

B

B

B

B

B

B

B

Camera Registry System Online Incident Reporting Officer Conduct Reporting Home/Vacation Check Reporting Geo-Targeting Warrants and Arrests Email Notifications Push Notifications Emergency Broadcasts Mobile Warrant HUD (Heads Up Display)

Contact us to find out how CRIMEWATCH can work for your office

Phone: 717-230-1845

Email: support@crimewatch.net

CRIMEWATCH is an official Partner of Pennsylvania Chiefs of Police Association.

To learn more or schedule a demo visit crimewatch.net/request-demo

Visitors across the CRIMEWATCH Network that visited at least twice and viewed over 49,000,000 pages of information

148,613 17,211

Email and Notifications subscribers in PA

Original public safety stories distributed by member departments in 2020, securing CRIMEWATCH as the largest single source of public safety news in PA

8,090 Tips generated

CO

FL

MD

MI

NJ

NY

VA

NH

PA

The CRIMEWATCH Network continues expansion into nine states

LEGAL UPDATE FOR LAW ENFORCEMENT

By: Christopher Boyle, Esq., Chris Boyle Law Enforcement Consulting, LLC

STUMP THE CHUMP

The material in this law alert has been prepared by Chris Boyle.

It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.

To be removed from my list of subscribers who receive these complimentary Law Enforcement updates, utilize the “Unsubscribe” link below, or contact ChrisBoyle125@gmail.com . If however you continue to receive the alerts in error, please send a note to: ChrisBoyle125@gmail.com

Chris: I have a question regarding the duty to intervene. I attended training you gave at MontCo when I was promoted, and I remember you saying that there was a duty to intervene in a constitutional violation.

Is that any constitutional violation, or only excessive force? The situation I am thinking of is where there are two officers on a car stop, and one starts to do what the other knows is an illegal search. Does the second officer have a duty to intervene to stop the search?

Izzy Intervening Izzy: Outstanding question my friend! The short answer is “Yes, an officer has a duty to intervene in any constitutional violation when reasonable to do so.” The long answer is a little more involved.

Under current Third Circuit authority, there appears to be a recognized duty to intervene only in a case of excessive force. Notice that I said “recognized”. Just because the courts have only had occasion to address excessive force, does not mean that they would not ultimately find a duty exists in all cases of constitutional violations, or that they

Christopher P. Boyle, Esq.

would not find that the average, reasonable officer should already know that. The best outcome that an officer observing the illegal search and failing to intervene could likely hope for is qualified immunity, and we all know that QI only offers protection to the first officer to come across a situation as addressed by the court. That is not the end of the officer’s exposure, however.

Even if the courts have not had the opportunity to address the issue in the context of a duty to intervene, they HAVE had the opportunity to address illegal searches and conspiracy to commit a constitutional violation.

An officer failing to intervene in a known illegal search would likely still face these claims as well as the primary officer. So, if you see another officer performing an illegal search, remember that their action might land up dragging you into federal court for two or three

years! Now that I am no longer actively practicing in the litigation arena, you are going to have to do so without The Chump at your side, and nobody wants that! So, probably best that you step in.

Finally, the situation you describe would also likely violate Departmental policy and be a violation of your Disciplinary Code, so both officers are exposed there as well. Hope that helps, and thanks again for a great STC! Chris “The Chump” Boyle

...there appears to be a recognized duty to intervene only in a case of excessive force.

CONTINUED ON NEXT PAGE

15

SPRING 2021 BULLETIN

Legal Update for Law Enforcement

LEGAL UPDATE FOR LAW ENFORCEMENT

CASE OF THE WEEK

PA CHIEFS OF POLICE ASSOCIATION

COMMENT: It brings me exactly zero joy to bring this case to you today, and say that I reported the case of Sauers v Nesquehoning in these updates when the case came out. As you will recall, Sauers stands for the proposition that an officer can be found liable for engaging in a pursuit that results in injury to innocent civilians in both state AND federal court. (The federal court piece was what was really new about it) Why would a plaintiff prefer to be in federal court? Because they can get attorney’s fees tacked on to any verdict. Nothing wrong with that. We all know the rules. Having been on notice of Sauers (don’t miss the highlighted footnote), qualified immunity is not a viable defense.

Finally, let me say something again that I have been saying for years – operating a police vehicle is the most dangerous thing you do in your job as a law enforcement officer. There was nothing I loved more than chasing someone when I pushed a car around for a living but, with the benefit of hindsight, I can honestly say I was lucky that neither me, nor any innocent civilians, were killed because of doing so. Chasing motorcycles, especially, is a low percentage undertaking. If you can choose not to pursue, please do that.

If you can end a pursuit that already started, please do that. The lives you save may be your own, or an innocent child.

-CB

Clark v. DM United States District Court for the Eastern District of Pennsylvania January 28, 2021, Decided; January 28, 2021, Filed CIVIL ACTION NO. 19-1579 Reporter 2021 U.S. Dist. LEXIS 16053 * LYESHA CLARK, ET AL. v. DM , ET AL. In this civil rights action, a minor child and her niece sustained significant injuries after being struck by a dirt bike being pursued in an unauthorized high-speed police chase. On the morning of the accident, Defendant Police Officer DM , while working a special detail to confiscate dirt bikes and ATVs, was specifically ordered by his supervisors not to pursue dirt bike riders. Despite this clear prohibition, Officer DM engaged in an unauthorized high-speed [*2] chase of a dirt-bike rider. The chase resulted in an accident that injured innocent victims—Plaintiffs Lillie Mae Strubbs and minor Z.C. Plaintiffs bring a claim under 42 U.S.C. § 1983 against Officer DM , alleging that the high-speed pursuit created a statecreated danger and violated their substantive due process rights under the Fourteenth Amendment. Officer DM now seeks dismissal of the Amended Complaint. (ECF No. 11.)

The narrow issue before us is whether, at this early stage of the litigation, qualified immunity shields Officer DM from liability. We conclude that it does not.

I. BACKGROUND On April 15, 2017, DM , a Philadelphia Police Officer, was on duty and assigned to a special detail to confiscate dirt bike and All-Terrain Vehicles ("ATVs") operated on Philadelphia streets.1 (Am. Compl. ¶¶ 11-12.)2 At roll call, Officer DM 's supervisors, Lt. Ruff and Lt. Frisco, instructed all members of the special detail to not pursue ATVs or dirt bike riders, or any vehicle unless they witnessed a violent felony. (Id. ¶¶ 13, 15.) Members of the special detail were provided copies of Philadelphia Police Directive 9.4, which strictly prohibits initiating a vehicular or ATV pursuit solely for traffic [*3] violations, and it advises that a police pursuit may not continue outside of the boundaries of Philadelphia without permission by a higher-ranking supervisor. (Id. ¶¶ 14, 16-17; Directive 9.4 at 1-4, Am. Compl. Ex. B.) At about 1:05 p.m., Lt. Frisco spotted a green and white motorcycle and called for units to respond to it.

(Report 18, Am. Compl. Ex. A, ECF No. 10.) Several minutes later, Officer DM observed Douglass operating a green and white motorcycle on Philadelphia streets.3 (Am. Compl. ¶¶ 18-19.) Officer DM activated the lights and sirens on his marked police motorcycle and initiated a vehicle stop of Douglass. (Id. ¶¶ 12, 19.) Douglass did not stop. (Id. ¶ 20.)

Douglass, followed by Officer DM , engaged in an eight-to-ten-minute high-speed chase, at times reaching

...alleging that the high-speed pursuit created a state-created danger and violated their substantive due process rights under the Fourteenth Amendment. Officer DM now seeks dismissal of the Amended Complaint.

(ECF No. 11.) The narrow issue before us is whether, at this early stage of the litigation, qualified immunity shields Officer DM from liability.

16

LEGAL UPDATE FOR LAW ENFORCEMENT

Approximately 26 seconds after the collision, Officer DM travelled through the pedestrian crosswalk, and past Stubbs and Z.C. (Am. Compl. ¶¶ 36, 37.) He did not stop and render aid or secure the scene of the accident, nor did he notify emergency services or Upper Darby Police of the injured persons, as directed by Philadelphia Police Directive 4.1. (Am. Compl. ¶¶ 38-39; Report 16.)

During the high-speed chase, Douglass, followed by Officer DM , drove through Southwest Philadelphia and crossed city lines into Upper Darby, Pennsylvania.

(Am. Compl. ¶¶ 22, 24.) Some of these areas were densely populated, and there were a lot of pedestrians and vehicles. (Id. ¶¶ 22, 34.) Officer DM did not have permission from a higher-ranking supervisor to continue the pursuit outside of the boundaries of Philadelphia into Upper Darby. (Id. ¶ 25.) Officer DM did not notify his supervisors that he had crossed into Upper Darby and he stopped broadcasting his location. (Id. ¶¶ 25, 35.)

Officer DM never notified his supervisors, police radio, or Upper Darby police about his pursuit of Douglass or Douglass's collision with Stubbs and Z.C. (Id.)

Meanwhile in Upper Darby, at 1:27 p.m., Lillie Mae Stubbs and her minor niece, Z.C., were crossing 69th Street in a clearly marked pedestrian crosswalk near the 69th Street Transportation Center. (Id. ¶ 26.) While travelling northbound on 69th Street, Douglass struck Stubbs and Z.C. (Id. ¶ 27.) Stubbs and Z.C. were thrown about forty-two feet, lost consciousness, and sustained serious injuries. (Id.) Stubbs was taken to Penn Presbyterian Hospital with head and extremity injuries, and Z.C. was taken to Children's Hospital of Philadelphia with head, neck, and extremity [*5] injuries.

(Id. ¶ 57.) Stubbs and Z.C. underwent extensive treatment and continue to suffer from these injuries. (Id.)

Upper Darby police contacted Lt. Ruff and Lt. Frisco about the pursuit and the injuries sustained by Stubbs and Z.C. (Id. ¶ 44.) Lt. Ruff and Lt. Frisco each confronted Officer DM .

(Id.) At first, Officer DM denied the pursuit of Douglass and he denied having seen Douglass's collision with Stubbs and Z.C. (Id.) Then, Officer DM admitted to the pursuit of Douglass on the green and white motorcycle, and he completed Philadelphia Police and Pennsylvania State Police pursuit memoranda. (Id. ¶ 47.) However, Officer [*6] DM stated in the memoranda that the pursuit only lasted for eight city blocks and two minutes, and he did not mention the collision. (Id.) Later, Officer DM explained that he did not previously report it accurately because "he was fearful of getting into trouble." (Id. ¶ 48.)

An Internal Affairs Bureau investigation concluded that: (1) Officer DM was in violation of Directive 9.4; (2) Officer DM had falsified official documents; (3) Officer DM had committed insubordination; (4) Officer DM was in violation of Directive 4.1; and (5) Officer DM had provided false statements to a supervisor. (Am. Compl. ¶ 51; Report 15-21.)

Plaintiffs filed an Amended Complaint, asserting a claim under 42 U.S.C. § 1983 against Officer DM . Specifically, Plaintiffs allege that by engaging in an unjustified and dangerous high-speed chase, Officer DM violated Plaintiffs' Constitutional rights—specifically the Fourteenth Amendment—by creating a state-created danger. Plaintiffs also assert a Monell claim against the City of Philadelphia. Plaintiffs' claim against the City is not at issue in this Motion.

II. LEGAL STANDARD Under Federal Rule of Civil Procedure 8(a)(2), "[a] pleading that states a claim for relief must contain a short and plain [*7] statement of the claim showing that the pleader is entitled to relief." Rule 12(b)(6) provides for the dismissal of a complaint, in whole or in part, for failure to state a claim upon which relief can be granted. A motion under Rule 12(b)(6) tests the sufficiency of the complaint against the pleading requirements of Rule 8(a). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Iqbal, 556 U.S. at 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

A claim is plausible "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged."

Id. A complaint that merely alleges entitlement to relief, without alleging facts that show entitlement, must be dismissed. See Fowler, 578 F.3d at 211.

Courts need not accept "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements. . . ." Iqbal, 556 U.S. at 678.

"While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations." Id. at 679. This "'does not impose a probability requirement CONTINUED ON NEXT PAGE

17

SPRING 2021 BULLETIN

60 miles per hour. (Id. ¶¶ 23-24.) At about 1:20 p.m., Officer DM began broadcasting his changing location.

(Report 2-3, 19.) Three minutes later, over police radio, Lt. Frisco instructed Officer DM both to not pursue Douglass and "[l]et's try to get a last location and try to box him in."4 (Am. Compl. ¶ 30, 54; Report 2-3.) Officer DM continued to pursue Douglass and broadcast his location. [*4] (Am. Compl. ¶ 31; Report 3.)

LEGAL UPDATE FOR LAW ENFORCEMENT

at the pleading stage,' but instead 'simply calls for enough facts to raise a reasonable expectation that discovery will reveal [*8] evidence of' the necessary element." Phillips v.

Cnty. of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008) (quoting Twombly, 550 U.S. at 556).

PA CHIEFS OF POLICE ASSOCIATION

III. DISCUSSION Plaintiffs allege that, pursuant to Section 1983, Officer DM violated their substantive due process rights guaranteed by the Fourteenth Amendment.

The Fourteenth Amendment provides that "[n]o State shall . . . deprive any person of life, liberty, or property, without due process of law." U.S. Const. Amend.

XIV. Specifically, Plaintiffs allege that by engaging in an unjustified and reckless high-speed chase that was in violation of police directive, Officer DM 's conduct evinced a state-created danger that caused Plaintiffs' injuries.

Officer DM argues that the Section 1983 claim against him should be dismissed because he is entitled to qualified immunity. Qualified immunity protects government officials from civil damages for conduct that "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Pearson v. Callahan, 555 U.S. 223, 231 (2009) (citation omitted). When assessing a claim for qualified immunity, we must answer two questions: "One is whether the defendant's conduct violated a statutory or constitutional right. The other is whether the right at issue was clearly established when the conduct took place. We have discretion to address either inquiry first." Sauers v. Borough of Nesquehoning, 905 F.3d 711, 716 (3d Cir. 2018) (citing [*9] Pearson, 555 U.S. at 236). First, we address whether Officer DM had fair warning that he could be subject to constitutional liability for his pursuit of

Douglass. We then address whether the Amended Complaint pleads a plausible Section 1983 claim against Officer DM .

A. Plaintiffs' Constitutional Rights Were Clearly Established We begin by assessing whether Officer DM had fair warning that he could be subject to constitutional liability for his pursuit of Douglass.

In other words, we must determine whether at the time of the accident, Officer DM had been put on notice that his actions violated constitution rights.

"For a constitutional right to be clearly established, '[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.'" Starnes v. Butler Cty. Court of Common Pleas, 50th Judicial Dist., 971 F.3d 416, 426 (3d Cir. 2020) (quoting Anderson v. Creighton, 483 U.S. 635, 640 (1987)). Courts must determine "if the case law at the time of the violation would have put the official on 'fair notice' that his conduct violated the plaintiff's rights.'" Id. (quoting Hope v. Pelzer, 536 U.S. 730, 739 (2002)). "In other words, the 'existing precedent must have placed the statutory or constitutional question beyond debate.'" Id. (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011)). To determine whether a right is clearly established, we first [*10] look to applicable Supreme Court precedent. If none exists, then "it may be possible that a 'robust consensus of cases of persuasive authority' in the Courts of Appeals could clearly establish a right for purposes of qualified immunity." L.R. v. Sch. Dist. of Phila., 836 F.3d 235, 247-48 (3d Cir. 2016) (citation omitted).

On April 15, 2017, the date of the accident, a police officer in the Third Circuit would have understood that he could be subjected to constitutional liability for a police

18

pursuit if he acted with an intent to cause harm. Supreme Court precedent dictates this notice. In 1998, the Supreme Court held that "highspeed chases with no intent to harm suspects physically or to worsen their legal plight do not give rise to liability under the Fourteenth Amendment, redressible by action under § 1983."

Cnty. of Sacramento v. Lewis, 523 U.S. 833, 854 (1998). A year later, the Third Circuit similarly held that "[t]he critical factor in determining whether Fourteenth Amendment liability for a high-speed chase may be imposed is whether the officer's conduct can be found to shock the conscience, for which the evidence must show intent to harm the suspect physically."

Davis v. Twp. of Hillside, 190 F.3d 167, 171 (3d Cir. 1999) (emphasis added).

In light of Lewis and Davis, the standard of constitutional liability at the time of Officer DM 's unauthorized pursuit was whether police officer actions [*11] during a high-speed chase shock the conscience and evince an intent to cause harm.5See Wilson v. Doe, No. 19-5015, 2020 U.S. Dist. LEXIS 62202, at *16 (E.D. Pa. Apr. 8, 2020) ("In light of [Lewis and Davis], the Court notes that at the time of the police pursuit in this matter [on October 25, 2017], the state of the law was such that police officers may have understood they could be exposed to constitutional liability for actions taken during a police pursuit only when they had an intent to harm.") (emphasis added).

B. Plaintiffs' Amended Complaint Pleads a Plausible State-created [*12] Danger Claim against Officer DM Next, we address whether the Amended Complaint pleads a plausible Section 1983 claim against Officer DM . The parties' dispute centers on whether the factual allegations support an inference that Officer DM acted with an intent to harm when he pursued Douglass.

LEGAL UPDATE FOR LAW ENFORCEMENT SPRING 2021 BULLETIN

Again, a purpose to cause harm in a police pursuit context is shown when a police officer "[intended] to harm suspects physically or to worsen their legal plight." Lewis, 523 U.S. at 854.

The facts alleged in the Amended Complaint plausibly support the inference that Officer DM acted with a purpose to cause harm.

Officer DM 's dangerous pursuit of Douglass in defiance of a direct order from his supervisors earlier that day to not pursue any dirt bikes could support an inference that Officer DM acted with intent to harm. Undeterred by his supervisors' direct order, Officer DM pursued Douglass for eight to ten minutes, at 60 miles per hour, in the middle of the afternoon, near a major transportation center, and through densely populated areas with clearly marked pedestrian crosswalks. There was no urgency to pursue Douglass.

In fact, Officer DM was specifically ordered not to pursue him. Officer [*13] DM 's dangerous and unauthorized

pursuit of Douglass could support an inference that Officer DM acted with the requisite intent to harm. See, e.g., Johnson v. Balt. Police Dep't, No. 182375, 2020 U.S. Dist. LEXIS 61052, at *36-37 (D. Md. Apr. 7, 2020) (finding that plaintiffs had plausibly alleged a purpose to cause harm where, "without observing any suspicious or ongoing criminal conduct," officers intentionally misused a police vehicle to "spe[e]d after [plaintiffs] down residential streets, running stop signs in five different intersections, without ever activating their vehicles' emergency equipment"); McGowan v. Cnty. of Kern, No. 15-01365, 2018 U.S. Dist. LEXIS 96236, at *28-29 (E.D. Cal. June 7, 2018) (finding that plaintiff had plausibly alleged a purpose to cause harm where officer drove through "an intersection [with no visibility] against a red light travelling at 85 miles per hour" even though there was no "necessity and urgency" that the officer respond

to the call in this manner and there was "virtual certainty that he would kill someone and for a reason other than a legitimate law enforcement objective.").

Officer DM 's repeated attempts to conceal, coverup or simply lie about the circumstances of his unauthorized pursuit of Douglass also support an inference that he acted with a purpose to cause harm. Plaintiffs allege that Officer DM actively and repeatedly [*14] attempted to conceal his pursuit of Douglass from his supervisors. When he crossed into Upper Darby, Officer DM did not notify his supervisors and he stopped broadcasting his location over police radio. When Officer DM ended his pursuit of Douglass, he re-entered Philadelphia and did not contact his supervisors, police radio, or Upper Darby police about the pursuit.

His supervisors only learned of the pursuit when they were contacted by Upper Darby police. Then, when first CONTINUED ON NEXT PAGE

19

LEGAL UPDATE FOR LAW ENFORCEMENT

confronted by his supervisors, Officer DM denied the pursuit altogether.

When confronted a second time by his supervisors, Officer DM admitted only to pursuing Douglass for eight city blocks. Officer DM even lied about the pursuit when completing official police memoranda.

PA CHIEFS OF POLICE ASSOCIATION

These facts support a plausible inference that Officer DM acted with the requisite intent to harm. See, e.g., Johnson, 2020 U.S. Dist. LEXIS 61052, at *36-37 (finding that plaintiffs' plausible allegation that officers had intentionally misused their vehicle was further "fortified" by the allegation that the officers had also "falsified police reports" to justify their pursuit after the fact); Knox v. City of Blue Ash, No. 08-577, 2009 U.S. Dist.

LEXIS 91639, at *12-13 (S.D. Ohio Sep. 30, 2009) (finding that plaintiff had plausibly alleged a purpose to cause harm [*15] where officer repeatedly lied to justify his pursuit); Black v. City of Blue Ash, No. 08-00584, 2009 U.S. Dist. LEXIS 23751, at *17 (S.D. Ohio Mar. 23, 2009) (same). Moreover, Officer DM 's repeated lies suggests that his pursuit of Douglass did not have a "legitimate" law enforcement objective. See Lewis, 523 U.S. at 836; Davis, 190 F.3d at 169.

Accordingly, the Amended Complaint's factual allegations support a plausible theory that Officer DM acted with an intent to cause harm. At this juncture, we will permit Plaintiffs to proceed on a Section 1983 claim against Officer DM .

IV. CONCLUSION For the foregoing reasons, Defendant Officer DM 's Motion to Dismiss Amended Complaint will be denied.

An appropriate Order follows.

1 At the time, Officer Merrell had worked as a Philadelphia Police Officer for twenty years. (Report 1, Am. Compl. Ex. A, ECF No. 10.) For

the last eight years, he had been assigned to the 16th District. (Id.) 2 When considering a motion to dismiss, the Court must accept as true all factual allegations in plaintiffs' complaint and construe the facts alleged in the light most favorable to the plaintiffs. Fowler v.

UPMC Shadyside, 578 F.3d 203, 21011 (3d Cir. 2009) (citing Ashcroft v.

Iqbal, 556 U.S. 662, 677 (2009)).

The Court "consider[s] only the complaint, exhibits attached to the complaint, matters of public record, as well as undisputedly authentic documents if the complainant's claims are based upon these documents." Mayer v. Belichick, 605 F.3d 223, 230 (3d Cir. 2010). Plaintiffs attached the following two exhibits to the Amended Complaint: the Internal Affairs Division Investigation Report ("Report") (Exhibit A); and Philadelphia Police Department Directive 9.4 ("Directive 9.4") (Exhibit B).

3 A motorcycle is considered a type of dirt bike. (See Report 3, 8, 11-12.)

4 Boxing in is a technique for stopping a fleeing vehicle by surrounding the fleeing vehicle with police vehicles. (Report 18.) This technique is prohibited by Directive 9.4.

(Directive 9.4 at 5; Report 18.) The Internal Affairs Division sustained a violation against Lt. Frisco for failing to recognize Officer Merrell's pursuit and for failing to correct or clarify the "box him in" recommendation.

(Report 18.)

5A cknowledging the high bar created by the intent-to-harm standard of liability, in October of 2018, the Third Circuit lowered the degree of culpability required to assert a police pursuit statecreated danger claim. In Sauers v. Borough of Nesquehoning, 905 F.3d 711, 723 (3d Cir. 2018), the Third Circuit concluded:

20

These facts support a plausible inference that Officer DM acted with the requisite intent to harm.

Police officers now have fair warning that their conduct when engaged in a high-speed pursuit will be subject to the full body of our state-created danger case law.

That law clearly establishes that the level of culpability required to shock the conscience exists on a spectrum tied to the amount of time a government official has to act. . . . [W]hen there is no compelling justification for an officer to engage in a high-speed pursuit and an officer has time to consider whether to engage in such inherently risky behavior, constitutional liability can arise when the officer proceeds to operate his vehicle in a manner that demonstrates a conscious disregard of a great risk of serious harm.

Sauers was decided more than a year after Officer Merrell's unauthorized pursuit. Therefore, the conscious disregard standard does not apply here. Plaintiffs do not attempt to argue that it does.

The material in this law alert has been prepared by Chris Boyle. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. To be removed from my list of subscribers who receive these complimentary Law Enforcement updates, utilize the “Unsubscribe” link below, or contact ChrisBoyle125@gmail.com . If however you continue to receive the alerts in error, please send a note to: ChrisBoyle125@gmail.com

The Pennsylvania Chiefs of Police

TESTING PROGRAM

Are you hiring new officers or dispatchers?

Are you planning an upcoming promotional process?

Try these quality written examinations developed by Stanard & Associates, Inc. Exams are easy to administer, job-related, and affordable.

• The National Police Officer Selection Test (POST) • The National Dispatcher Selection Test (NDST) • The National First and Second Line Supervisor Tests (NFLST/NSLST) • The National Detective/Investigator Test (NDIT) Ask about our Online Employment Application Service.

To see a demo, please visit: www.ApplyToServe.com/appdemo

Contact the Pennsylvania Chiefs of Police Association at

717-236-1059 with any questions. For an order form, go to https://www.pachiefs.org/police-testing.

Stanard & Associates, Inc. is a preferred corporate partner of the Pennsylvania Chiefs of Police Association. This program supports the PCPA.

LEGISLATIVE REPORT: SPRING 2021

LEGISLATIVE REPORT

PA CHIEFS OF POLICE ASSOCIATION

The following is a list of bills that have been introduced that are of interest to the Association. This list does not consist of all bills related to police and criminal justice matters, as there are numerous bills coming in on a weekly basis.

If you have knowledge of a bill or questions, please contact Jerry Miller, jmiller@pachiefs.org or Scott Bohn at sbohn@pachiefs.org.

2222

LEGISLATIVE REPORT: SPRING 2021

HB 84

Miller, Daniel(D) Amends Title 42 (Judiciary and Judicial Procedure) in juvenile matters, providing for instructions upon arrest and custody.

Remarks:

Simplified Miranda Rights for Minors

Last Action:

1-11-21 H Introduced and referred to committee on House Judiciary

HB 103

Schmitt, Lou(R) Amends Title 18 (Crimes & Offenses), in assault, providing for the offense of harassment of law enforcement officer; and imposing penalties.

Remarks: provides that if a person intentionally or knowingly causes the officer to come into contact with saliva or other bodily fluid by throwing, tossing, or spitting the bodily fluid, the person would commit a criminal offense. If the individual knew, should have known, or believed such fluid or material had been obtained from an individual who was infected by a communicable disease the offense is a felony of the third degree. In any other situation the offense is graded as a misdemeanor of the first degree Last Action:

3-15-21 H Set on the House Calendar

HB 112

Miller, Daniel(D) Amends Title 75 (Vehicles), in licensing of drivers, providing for digitized driver's licenses.

Last Action:

1-11-21 H Introduced and referred to committee on House Transportation

HB 113

Stambaugh, Perry (F)(R) Amends Title 75 (Vehicles), in general provisions, for obedience to authorized persons directing traffic and providing for drivers in organized motorcycle processions; and, in rules of the road, providing for following too closely.

Remarks: Establishes that except in first or second class cities, drivers in organized motorcycle processions may park or stand or proceed past a red signal indication if the lead vehicle started through the intersection.

Establishes that provisions relating to following too closely shall not apply to drivers in funeral processions or organized motorcycle processions Last Action:

3-15-21 H Set on the Tabled Calendar

HB 133

Rothman, Greg(R) Amends Title 75 (Vehicles), in penalties and disposition of fines, further providing for surcharge; providing for automated license plate reader systems; imposing penalties; and establishing the ALPR Equipment Fund.

Last Action:

1-12-21 H Introduced and referred to committee on House Transportation

HB 134

Rothman, Greg(R) Amends Titles 44 (Law & Justice) and 75 (Vehicles), codifying prohibition on political subdivisions and Commonwealth agencies imposing quotas on the issuance of citations for certain offenses and prohibiting the practice of station averaging.

Last Action:

1-12-21 H Introduced and referred to committee on House Transportation

HB 146

Bernstine, Aaron(R) Amends Title 61 (Prisons and Parole), in Pennsylvania Board of Probation and Parole, further providing for parole power.

Remarks: to preclude the parole board from prematurely releasing an inmate at the expiration of his minimum sentence if the inmate was convicted of a violent offense while incarcerated.

Last Action:

3-15-21 H Set on the House Calendar CONTINUED ON NEXT PAGE

23

SPRING 2021 BULLETIN

Legislative Bills to Watch

LEGISLATIVE REPORT: SPRING 2021

HB 156

Owlett, Clint(R) Amends Title 42 (Judiciary), in depositions and witnesses, further providing for admissibility of certain statements.

Remarks: depositions and witnesses, providing that an out-of-court statement made by a child victim who at the time of the statement was 16 years of age or younger describing any offenses is admissible in evidence in any criminal or civil proceeding Last Action:

3-15-21 H Set on the House Calendar

HB 163

Staats, Craig(R) Amends Title 18 (Crimes & Offenses) in other offenses, further providing for the offense of invasion of privacy.

Remarks: "Upskirting" - to increase the charges that can be brought against teachers and adults who victimize students and minors by transferring, transmitting or receiving an image or video in violation of the statute by live or recorded telephone message, electronic mail or the Internet or by any other transfer of the medium on which the image is stored. Makes the offense a felony of the third degree for a first violation and a felony of the second degree for subsequent offenses.

Last Action:

3-15-21 H Set on the House Calendar

HB 184

Keefer, Dawn(R) Amends Title 18 (Crimes & Offenses), in criminal homicide, further providing for the offense of causing or aiding suicide.

Remarks: any individual who intentionally aids or solicits another to commit suicide is guilty of a felony of the second degree if his conduct causes such suicide; otherwise, the offense is graded as a misdemeanor of the second degree.

Last Action:

3-15-21 H Set on the House Calendar

HB 185

Struzzi, James(R) Amends Title 18 (Crimes & Offenses), in assault, further providing for the offense of aggravated assault.

Remarks: Cody’s Law to Protect Those That Cannot Protect Themselves (Former HB 2056) amends Section 2702 (relating to aggravated assault) of the Crimes Code to provide that any individual that intentionally causes bodily injury to a person with a physical or intellectual disability is guilty of aggravated assault, a felony of the second degree.

Last Action:

3-15-21 H Set on the House Calendar

HB 204

Gainey, Ed(D) Amends the Controlled Substance, Drug, Device and Cosmetic Act, further providing for prohibited acts and penalties.

PA CHIEFS OF POLICE ASSOCIATION

Remarks: would downgrade the possession of a small amount of marijuana from a misdemeanor to a summary offense.

Last Action:

1-22-21 H Introduced and referred to committee on House Judiciary

HB 233

Warren, Perry(D) Amends Title 18 (Crimes & Offenses), in criminal history record information, further providing for expungement.

Remarks: legislation will delay expungement by five years for individuals who have received ARD for any offense that was committed in the presence of a child under the age of 14. Such individuals may still participate in the ARD program, but the five year time period prior to expungement of the offense will ensure that parents and childcare providers can fully analyze a person’s background before entrusting him or her to watch over a child.

Last Action:

1-25-21 H Introduced and referred to committee on House Judiciary

HB 235

Warren, Perry(D) Amends Title 18 (Crimes & Offenses), in firearms and other dangerous articles, further providing for sale or transfer of firearms.

Remarks: legislation will eliminate the “gun show loophole” in the Commonwealth to ensure that all firearm sales must be subject to a background check. The legislation would not require a background check for firearms transfers between direct family members Last Action:

1-25-21 H Introduced and referred to committee on House Judiciary 24

LEGISLATIVE REPORT: SPRING 2021

HB 237

Warren, Perry(D) Amends Title 18 (Crimes & Offenses), in firearms and other dangerous articles, providing for safe storage of a firearm when residing with a person not to possess a firearm.

Remarks: legislation would require firearm owners to safely store all of their firearms when residing with a person who cannot legally possess a firearm, requiring firearm owners to be responsible in ensuring that their guns do not fall into the wrong hands.

Last Action:

1-25-21 H Introduced and referred to committee on House Judiciary

HB 246

Mihalek, Natalie(R) Amends Title 18 (Crimes and Offenses) in human trafficking, further providing for evidence and defenses to human trafficking.

Remarks: will amend the Human Trafficking statute, specifically Section 3018 of Title 18, to prohibit defendants from introducing evidence of a human trafficking victim’s past sexual victimization and allegations of past sexual victimization in any prosecution arising under Chapter 30 (relating to human trafficking Last Action:

1-25-21 H Introduced and referred to committee on House Judiciary

HB 248

Miller, Daniel(D) Amends Titles 18 (Crimes & Offenses), 34 (Game), 42 (Judiciary) & 75 (Vehicles), in human trafficking, for restitution; in sentencing, for fines; repealing provisions; for license; in financial responsibility, for defs.

Last Action:

1-25-21 H Introduced and referred to committee on House Judiciary

HB 254

Toohil, Tarah(R) Amends Title 42 (Judiciary), in availability of otherwise confidential information, providing for reports on domestic violence by law enforcement agencies.

Last Action:

1-26-21 H Introduced and referred to committee on House Judiciary

HB 271

Shusterman, Melissa(D) Amends title 18 (Crimes & Offenses), in inchoate crimes, for prohibited offensive weapons; in assault, for discharge of a firearm; in firearms & other dangerous articles, for persons not to possess, use, manufacture, control, sell, trade.

Remarks: legislation would ensure a 3D-printed firearm is treated as standard firearm under law and is subject to all standing regulation. In addition, my proposal would prohibit anyone from printing a firearm without a license from the federal government to manufacture firearms.

Last Action:

1-26-21 H Introduced and referred to committee on House Judiciary

HB 279

Burgos, Danilo(D) Amends Title 75 (Vehicles), in licensing of drivers, further providing for application for driver's license or learner's permit, for issuance and content of driver's license and for expiration and renewal of drivers' licenses.

Remarks: Helping Undocumented Residents Secure a Driver’s License. legislation allowing individuals without a Social Security Number to apply for a driver’s license or learner’s permit using secure alternatives such as a federal taxpayer identification number or any combination of documents that reliably proves the applicant’s name and date of birth.

Last Action:

1-27-21 H Introduced and referred to committee on House Transportation CONTINUED ON NEXT PAGE

25

SPRING 2021 BULLETIN

Any individual who intentionally aids or solicits another to commit suicide is guilty of a felony of the second degree if his conduct causes such suicide; otherwise, the offense is graded as a misdemeanor of the second degree.

LEGISLATIVE REPORT: SPRING 2021

HB 298

Diamond, Russ(R) Amends Title 75 (Vehicles), in miscellaneous provisions relating to operation of vehicles, further providing for accident reports by police.

Remarks: Former HB 381 to increase the fee for a local police report of a vehicle accident as permitted under § 3751 of Title 75. Currently, the maximum fee local police departments are permitted to charge for furnishing a copy of an accident report is $15. This figure was set in 1992 and inflation would dictate that the same figure should now be $27.42. Current law allows for a $25 fee in a city of the first class, but the rest of our local police departments are capped at $15. My legislation increases that maximum fee to $22 to be in-line with the cost of a state police report, and allows police departments to issue an initial basic report to help victims file timely insurance claims.

Last Action:

1-27-21 H Introduced and referred to committee on House Transportation

HB 334

Jozwiak, Barry(R) Amends Title 75 (Vehicles), in registration of vehicles, further providing for display of registration plate.

Remarks: legislation (Previous House Bill 1509) that will require PennDot to issue registration expiration stickers on Pennsylvania registration plates.

Last Action:

1-29-21 H Introduced and referred to committee on House Transportation

HB 349

Krueger, Leanne(D) Amends Title 53 (Municipalities Generally) in employees, providing for police canine training standards.

Remarks: legislation aims to better standardize municipal K-9 team training in Pennsylvania by requiring the Municipal Police Officer’s Education and Training Commission to work together with the State Police to establish K-9 team and K-9 specialty team training and certification standards following those used by the United States Police Canine Association.

Last Action:

2- 3-21 H Introduced and referred to committee on House Judiciary

HB 352

Isaacson, Mary(D) Amends Title 18 (Crimes & Offenses), in sexual offenses, providing for the offense of unsolicited dissemination of intimate image.

Last Action:

2- 3-21 H Introduced and referred to committee on House Judiciary

HB 361

Isaacson, Mary(D) Amends Title 18 (Crimes and Offenses) and 53 (Municipalities) in firearms, further providing for limitation on the regulation of firearms and ammunition: and in general home role provisions, providing for limitation on municipal powers.

PA CHIEFS OF POLICE ASSOCIATION

Remarks: legislation that would allow political subdivisions to regulate the possession and transportation of firearms when carried or transported on public grounds, including but not limited to: buildings, parks, and conveyances or vehicles.

Last Action:

2- 3-21 H Introduced and referred to committee on House Judiciary

HB 378

Davis, Austin(D) Act providing for a prohibition on employer prescreening of criminal records and history of job applicants; establishing the Ex-offender Increased Access to Employment Enforcement Fund; and imposing penalties.

Remarks: legislation will give people with criminal records a fair chance at employment, by prohibiting any employer from inquiring about a criminal history until a conditional offer of employment has been made to the applicant. Employers who are required by state or federal law to inquire about criminal histories will still be allowed to do so at the appropriate and required time.

Last Action:

2- 3-21 H Introduced and referred to committee on House Labor and Industry

26

LEGISLATIVE REPORT: SPRING 2021

Davis, Austin(D) Amends Title 75 (Vehicles), in other required equipment, further providing for windshield obstructions and wipers; and abrogating regulations.

Remarks: legislation to lessen window tinting restrictions in our state. bill would remove window tinting restrictions for rear windows on all vehicles to modernize our laws, to make our laws uniform, and to help those with light sensitivity.

Last Action:

2- 3-21 H Introduced and referred to committee on House Transportation

HB 382

Davis, Austin(D) Amends Title 18 (Crimes and Offenses), in criminal history record information, further providing for expungement.

Remarks: Automatic Expungement of Criminal and Driving Records legislation would make it easier for pardoned individuals to have their rights and privileges fully restored Last Action:

2- 3-21 H Introduced and referred to committee on House Judiciary

HB 383

Davis, Austin(D) Amends Title 53 (Municipalities Generally), in general provisions, providing for Municipal Police Enhancement Consolidation Grant Program and establishing the Municipal Police Enhancement Consolidation Grant Program Fund.

Remarks: legislation to create the Municipal Police Enhancement and Consolidation Program to encourage reasonable consolidation, provide funding for training, and ensure police officers have access to the services they need to successfully perform their duties. This legislation charges the Pennsylvania Commission on Crime and Delinquency (PCCD) with oversight of a vital new program that will make grants available to municipal police departments for the following: Consolidation (25% of funding); Achieving accreditation standards of the International Association of Chiefs of Police or similar accrediting authority; Training and certification of municipal police officers; Community outreach programs; and Enhanced mental health services for municipal police officers.

Last Action:

2- 3-21 H Introduced and referred to committee on House Local Government

HB 393

Sims, Brian(D) Amends Title 18(Crimes and Offenses) in firearms and other dangerous articles, for retail dealer required to be licensed and for licensing of dealers and providing for ammunition purchase authorization permits and transporting ammunition

Remarks: legislation that would only allow licensed firearms dealers to sell ammunition and would allow businesses to use existing licenses to sell both firearms and ammunition. When a person wishes to purchase ammunition, the licensee would contact the Pennsylvania Instant Check System (PICS), and the Pennsylvania State Police (PSP) would conduct a background investigation.

Last Action:

2- 3-21 H Introduced and referred to committee on House Judiciary

HB 413

Zabel, Michael(D) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, providing for a limit on handgun purchases; and establishing the Violence Prevention Account.

Remarks: legislation would place a limit on purchases of handguns in Pennsylvania, allowing one handgun per individual within any 30-day period - with exceptions for licensed firearm dealers, licensed firearm collectors, law enforcement and correction facilities, licensed private security companies, antique firearms and stolen firearms, as well as a pathway for civilians to earn advance permission to purchase more than one gun during a 30-day period.

Last Action:

2- 4-21 H Introduced and referred to committee on House Judiciary

HB 414

Zabel, Michael(D) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, providing for the offense of undetectable firearms.

Remarks:

Prohibiting Undetectable Firearms

Last Action:

2- 4-21 H Introduced and referred to committee on House Judiciary CONTINUED ON NEXT PAGE

27

SPRING 2021 BULLETIN

HB 380

LEGISLATIVE REPORT: SPRING 2021

HB 431

DeLuca, Anthony(D) Act providing for the termination of law enforcement officers upon testing positive for a controlled substance.

Remarks: The Law Enforcement Officer Drug Screening Act provides police officers, probation officers, prison guards, parole officers or any individual with arrest powers in the commonwealth who has tested positive for a controlled substance shall be terminated.

Last Action:

2- 8-21 H Introduced and referred to committee on House Labor and Industry

HB 469

Daley, Mary Jo(D) Amends Title 61 (Prisons & Parole), for State recording system for application of restraints to pregnant prisoners or detainees; and in miscellaneous provisions, further providing for healthy birth for incarcerated women.

Last Action:

2- 9-21 H Introduced and referred to committee on House Judiciary

HB 479

Howard, Kristine(D) Amends Title 23 (Domestic Relations) and 42 (Judiciary), in protection from abuse, further providing for definitions and for relief; and, in protection of victims of sexual violence or intimidation, further providing for relief.

Remarks: would amend Titles 23 (Domestic Relations) and Title 42 (Judiciary and Judicial Procedure) by clearly outlining the types of communication that are prohibited after a restraining order is put in place, including: attempts to contact in person, by phone, e-mail or social media, including following or requests to follow public web pages, or knowingly attending events where the victim will be in attendance.

Last Action:

2- 9-21 H Introduced and referred to committee on House Judiciary

HB 487

Howard, Kristine(D) Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary) in assault, further providing for the offense of ethnic intimidation; and making an editorial change.

Remarks: legislation that adds “intellectual or physical disability” to the list of elements that prosecutors can consider when contemplating hate crime charges.

Last Action:

2- 9-21 H Introduced and referred to committee on House Judiciary

HB 606

Rothman, Greg(R) Amends Title 75 (Vehicles), in rules of the road in general, further providing for speed timing devices.

Remarks: a local police department, both part-time and full-time, would be permitted to use RADAR/LIDAR contingent upon the following:

PA CHIEFS OF POLICE ASSOCIATION

A municipality would need to first pass an ordinance authorizing the use of RADAR/LIDAR. A municipality must install signs advertising the use of RADAR/LIDAR at the municipality’s border. The municipal share of revenue collected from fines may not exceed 10% of the municipality’s budget for the previous budget year. Local police officers would be required to complete a training course before use. RADAR/LIDAR may only be used when the officer is in or adjacent to a clearly marked law enforcement vehicle. Only written warnings for violations are permitted for the first 90 days of enforcement using RADAR/LIDAR. 02-19-21 H Filed Last Action: 02-24-21 H Introduced and referred to committee on House Transportation HB 488

Boback, Karen(R) Amends Title 18 (Crime and Offenses) in offenses against the family, further providing for the offense of endangering welfare of children.

Remarks: will require a report to be made about a missing child within 24 hours after his or her whereabouts became unknown, but will also require proof that parent’s silence exhibited a reckless disregard for a risk of harm to a child, or for the child’s health, safety, or welfare under the circumstances. The requirement that the parent act with recklessness will, for example, protect a divorced parent who may not have knowledge of their child’s whereabouts, but who has a reason to believe the child is with the other parent or at a friend’s. That would not amount to recklessness even if, in hindsight, the belief could be considered unreasonable Last Action:

2- 9-21 H Introduced and referred to committee on House Judiciary 28

LEGISLATIVE REPORT: SPRING 2021

Phillips-Hill, Kristin (F)(R) Amends the Dog Law, in licenses, tags and kennels, further providing for transfer of dog licenses or tags and other licensing requirements and for service dogs and dogs used by municipal or State Police departments.

Remarks: Amends the Dog Law waiving the cost of dog licensure for individuals that use a service dog for aid or for municipal or state police departments or agencies that use the dog in the performance of the functions and duties of the department or agency.

Last Action:

2- 5-21 S Rereferred to Senate Appropriations

SB 43

Hughes, Vincent(D) Amends Title 18 (Crimes & Offenses), in falsification and intimidation, further providing for false reports to law enforcement authorities.

Remarks: Would deter racially and ethnically motivated 911 calls. Too often police are called to respond to the innocuous activities of black and brown citizens, such as waiting in a Starbucks, using the private pool in a gated community, napping in a dorm common area, or even golfing. This legislation would criminalize making a false report to law enforcement based solely on the alleged race or ethnicity of the alleged perpetrator.

Last Action:

1-20-21 S Introduced and referred to committee on Senate Judiciary

SB 45

Hughes, Vincent(D) Act providing for the adoption of a Statewide model policy related to the prevention of excessive force by law enforcement officers and school security personnel.

Remarks: would create a more explicit and just standard for the use of force by police. Included in this standard would be: Requiring the exhaustion of all reasonable alternatives before using force; Requiring the use of force be reported, including when force has been threatened but not used; Banning chokeholds and strangleholds; Establishing a use of force continuum that limits the type of force and weapons that can be used for specific types of resistance; Requiring the use of de-escalation measures prior to the use of force; Establishing a duty to intervene and stop excessive force by another officer, as well as immediately reporting incidents to a supervisor; Banning shooting at a moving vehicle; and, Requiring a warning be given prior to the use of fatal force.

Last Action:

1-20-21 S Introduced and referred to committee on Senate Law and Justice

SB 79

Hughes, Vincent(D) Amends Title 46 (Legislature), providing for racial impact statements in consideration of legislation.

Remarks: reintroducing Senate Bill 1197 from the 2019-2020 legislative session. The bill would allow a member of the General Assembly to request a racial impact statement on any piece of legislation proposing changes to the crimes and offenses in Title 18 or the sentencing laws in Title 42.

Last Action:

1-22-21 S Introduced and referred to committee on Senate State Government

SB 81

Langerholc, Wayne(R) Amends Title 42 (Judiciary), in depositions and witnesses, further providing for expert testimony in certain criminal proceedings.

Remarks: re-introduce legislation, Senate Bill 1170, which will amend the Judicial Code to permit the Commonwealth to call expert witnesses in cases of domestic violence and human trafficking in order to explain victim behavior.

Last Action:

2- 4-21 H Received in the House and referred to House JudiciarySB 87

Baker, Lisa(R) Amends Titles 18 (Crimes & Offenses), 23 (Domestic Relations) & 42 (Judiciary), in minors, for offense of sexual abuse; in child protective services, for task force; and, in sentencing, for offenses involving sexual abuse of children.

Remarks: legislation that will: Increase penalties for those convicted of child pornography, where those images or videos depict a victim that is younger than 10 years of age, or prepubescent; and Permit the Pennsylvania Commission on Sentencing to provide a sentence enhancement for those convicted of the sexual abuse of children, when the person depicted is known to the defendant; and Establish a two-year, 23-member Task Force on Child Pornography. Several of the members have experience in the treatment of victims and prevention of child pornography and child sexual abuse. The Task Force will develop a report with guidance, tools, and actionable items for sexual abuse prevention and intervention mechanisms.

Last Action:

1-28-21 H Received in the House and referred to House Judiciary CONTINUED ON NEXT PAGE

29

SPRING 2021 BULLETIN

SB 36

LEGISLATIVE REPORT: SPRING 2021

SB 88

Hughes, Vincent(D) Amends Title 18 (Crimes & Offenses), in firearms and other dangerous articles, further providing for sale or transfer of firearms.

Remarks: reintroduce Senate Bill 88 from last session. This legislation eliminates most of the exceptions to the requirement of a background check prior to the purchase or transfer of a firearm. The close familial transfer exception to the background check requirements would remain under this legislation.

Last Action:

1-22-21 S Introduced and referred to committee on Senate Judiciary

SB 105

Street, Sharif(D) Amends Title 44 (Law & Justice), in preliminary provisions, providing for limitations on procurement of military equipment by local law enforcement agencies.

Remarks: A local law enforcement agency may not, regardless of the source of funding, procure military equipment from or through a Federal program, State program, third party, law enforcement foundation or organization or any other person or by any other means unless: (1) The local law enforcement agency requests written approval for the procurement from the governing body of the municipality that the local law enforcement agency serves. (2) The local law enforcement agency publishes notice of Last Action:

1-22-21 S Introduced and referred to committee on Senate Law and Justice

SB 107

Street, Sharif(D) Amends the Controlled Substance, Drug, Device and Cosmetic Act, further providing for prohibited acts and penalties.

Remarks: Decriminalization of Cannabis in Pennsylvania reintroduce SB233 from the previous session which amends Pennsylvania's Controlled Substances Act changing the grading of possession of a "small amount" of marijuana from a misdemeanor to a summary offense.

Last Action:

1-22-21 S Introduced and referred to committee on Senate Judiciary

SB 114

Boscola, Lisa(D) Amends Title 75 (Vehicles), in miscellaneous provisions, repealing provisions relating to snow and ice dislodged or falling from moving vehicle and providing for snow and ice.

PA CHIEFS OF POLICE ASSOCIATION

Remarks: legislation that would require all motorists driving in Pennsylvania to clear snow and ice from the top of their vehicles before driving on our roadways.

Last Action:

1-28-21 S Introduced and referred to committee on Senate Transportation

SB 127

Fontana, Wayne(D) Amends Title 53 (Municipalities Generally) in general provisions relating to government and administration, providing for law enforcement review boards.

Remarks:

creates a Civilian Police Review Board

Last Action:

1-26-21 S Introduced and referred to committee on Senate Law and Justice

SB 134

Fontana, Wayne(D) Amends Title 42 (Judiciary and Judicial Procedure)in actions, proceedings and other matters generally, providing for extreme risk protection orders.

Remarks: Extreme Risk Protection Order grants family members and law enforcement the ability to petition a court to temporarily suspend an individual’s access to firearms if there is documented evidence that an individual is a threatening harm to themselves or others. The person subject to that order must surrender their guns to police and will not be able to buy, sell, or possess other firearms with a judge determining the time frame of this suspension not to exceed one year.

Last Action:

1-27-21 S Introduced and referred to committee on Senate Judiciary

30

LEGISLATIVE REPORT: SPRING 2021

Hutchinson, Scott(R) Amends Title 42 (Judiciary and Judicial Procedure) in budget and finance, establishing the Drug Recognition Expert Training Fund.

Remarks: establishes a special fund in the State Treasury may only be used for purposes of drug recognition expert training, which shall include training of law enforcement officers to detect if an individual is impaired by or under the influence of alcohol, intoxicating liquor, drugs, narcotics, controlled substances Last Action:

2- 1-21 S Meeting cancelled for 02/02/21, Senate Judiciary

SB 138

Bartolotta, Camera(R) Amends Title 61 (Prisons & Parole), in general admin., for State recording system for application of restraints; and, in misc. provisions, for restrictive housing prohibited, for feminine hygiene, for postpartum recovery & education.

Remarks: Applies to Sheriff's, Constables and all law enforcement agencies, to establish guidelines intended to protect the health and safety of pregnant inmates. Safety measures will include limits on shackling and body cavity searches, as well as the provision of appropriate prenatal nutrition and a bed not elevated more than three feet from the floor. The bill will ensure that female inmates have access to menstrual hygiene products at no cost to the inmate.

Last Action:

1-28-21 S Introduced and referred to committee on Senate Judiciary

SB 142

Street, Sharif(D) Amends Title 53 (Municipalities Generally), in employees, providing for use of force and deadly force policy for law enforcement agencies.

Remarks:

legislation that will prohibit the use of chokeholds by those in law enforcement.

Last Action:

1-28-21 S Introduced and referred to committee on Senate Judiciary

SB 146

Langerholc, Wayne(R) Amends Title 18 (Crimes and Offenses) in assault, providing for the offense of hate crimes against law enforcement officers and first responders.

Remarks: bill will create a new offense specifically targeted at persons, who commit crimes against law enforcement officers or first responders, who are motivated by their hatred toward the police.

Last Action:

1-29-21 S Introduced and referred to committee on Senate Judiciary

SB 148

Ward, Judy (F)(R) Amends the Police Officer, Firefighter, Correction Employee and National Guard Member Child Beneficiary Education Act, extending benefits to certain surviving spouses; and Postsecondary Educational Gratuity Program & report.

Remarks: By amending the act, the benefits of the tuition free program will also apply to surviving spouses of police officers, correction employees, sheriffs, deputy sheriffs, National Guard members and certain other individuals on active military duty who are killed in the line of duty.

Last Action:

2- 1-21 S Introduced and referred to committee on Senate Education

SB 158

Regan, Mike(R) Amends Title 53 (Municipalities Generally), in employees, providing for medals honoring law enforcement officers.

Last Action:

2- 5-21 S Rereferred to Senate Appropriations

31

SPRING 2021 BULLETIN

SB 137

Pennsylvania Chiefs of Police Association

108 Annual Education & Training Conference th

July 18 – 21, 2021

Kalahari Resorts and Conventions – Pocono Mountains Adventure seekers will be amazed when they set their eyes on America’s largest indoor waterpark. Join us in the Poconos for an experience you and your family will never forget.

•9 77 Guest Rooms & Suites •A merica’s Largest Indoor Waterpark - 220,000 square feet •2 30,000 square feet of flexible meeting space for conventions and events •D ining options include Double Cut Charcoal Grill, Sortino’s Italian Kitchen, B-Lux Bar and Grill, the Great Karoo Marketplace Buffet, Ivory Coast Restaurant, Felix’s Bar and The Last Bite Candy & Ice Cream Shoppe

PA CHIEFS OF POLICE ASSOCIATION

Great getaway for you and What to expect at the 2021 your family on Father’s Conference: Day weekend!

• Powerful Education & Training Presentations • Exciting Exhibitions • Accreditation • Annual General Association Meeting • Annual Installation Banquet & Reception • Great Networking Opportunities • Live Entertainment • Hospitality Every Night • President’s Reception & Dinner • Raffle Drawings • Activities & Special Events for Spouses & Children • Great Memories!

You and your family will never have a dull moment with the rides, slides and pools in America’s largest indoor waterpark! Play away the days with family and friends, and rest in well-appointed guestrooms and suites. Enjoy an extreme Family Entertainment Center and arcade, full-service spa, fitness center, restaurants, retail shops and much more all under one roof.

3905 North Front Street Harrisburg, PA 17110 717-236-1059

250 Kalahari Boulevard Pocono Manor, PA 18349 1-877-KALAHARI

PCPA Conference information & registration is available at www.pachiefs.org.

For questions, please contact: Marcia at mnixon@pachiefs.org or 717-236-1059 ext. 106 32

One World Trip

Rooms

Each year, our family travels there in search of African art, ideas and experiences to bring back to our resorts. We’re passionate about digging deep into the majestic lands and exploring the incredible treasures to bring the thrill, the adventure and the best of Africa home to you. Our greatest joy is discovering new ways to introduce our guests to the spirit of Africa.

Continue your adventure and tune in to Kalahari TV — check out our One World Adventures, as seen on Discovery Family.

Everything we say and do at Kalahari Resorts & Conventions stems from our love for family and our goal of creating an oasis for spending time with those you care about most. Being a family ourselves, we really took the time to develop a multigenerational adventure unique from anything else out there, which is how Africa became the source of our inspiration.

The African adventure doesn’t end after you dry off. Every suite at Kalahari Resorts & Conventions is decorated with imported art and artifacts, designed to inspire your imagination. Along with authenticity, your comfort is a top priority. Plush pillows and soft sheets await you after every adventure, so you’ll be invigorated and refreshed for whatever tomorrow has in store. Check out KalahariResorts.com for more room options and additional details.

Food & Beverage

Although some see meals as just something you do between waterslide runs, part of your one world experience at Kalahari Resorts & Conventions will be world-class dining. Every location features restaurants to satisfy every taste, from steakhouses to ice cream shops. You’ll never have to eat in the same spot twice, but you just might want to.

Spa

Another important part of your adventure is making time to relax. When you want to slow down and indulge in “you” time, our first-class spa offers services to relax and rejuvenate the mind, body and spirit. Authentically African art and artifacts create an exotic ambiance, allowing you to slip into a relaxing experience that feels a world away. Our spa offers body treatments, luxurious massages, skin care, nail care and a salon.

Waterpark & Entertainment

What makes Kalahari Resorts & Conventions the world’s coolest indoor waterpark? It’s more than just the sheer size. It’s the dedication to re-creating the thrills of Africa in experiences the whole family will love. Splash, swirl and twirl through the Tanzanian Twister, or surf the perfect wave at our FlowRider®.

Slow it down a bit and float down the Lazy River, or try the Swim-Up Bar. Take the little adventureseekers to Crocodile Cove and Tiko’s Watering Hole. If you’re looking for the ultimate splash, take a ride on the water coaster. Waterpark admission is included for every registered hotel guest, and we also offer day rentals of cabanas and bungalows around the parks.

All this, and much more, makes for a wet and wild adventure that your family will never forget.

33

SPRING 2021 BULLETIN

About Kalahari

ENABLE PENNSYLVANIA: ACTIVE BYSTANDER TRAINING FOR LAW ENFORCEMENT

EnABLE Pennsylvania: Active Bystander Training for Law Enforcement By: Scott L. Bohn, Executive Director, PCPA

It has long been the mission of the Pennsylvania Chiefs of Police Association (PCPA) to promote and provide innovative evidence-based programs to law enforcement throughout the Commonwealth. To that end, I

PA CHIEFS OF POLICE ASSOCIATION

am excited to introduce the Georgetown University Law Center’s Active Bystander for Law Enforcement (ABLE) Project. ABLE teaching a skill that will protect officers and community members from unnecessary harm. I am proud to be working closely with the ABLE team to train, recruit, and roll out this incredible program.

Soon after May 31, 2020 at 9:25 p.m., following George Floyds death, I asked myself, “why are officers so quick to risk their lives for their peers, but so slow to stop them before they do something that may end their career?” The pursuit of an answer to this question led me to Commissioner Danielle Outlaw, Georgetown Law Center, the Georgetown Innovative Policing Program, the global law firm Sheppard Mullin, and the ABLE Project. According to Jonathan Aronie, the Chair of the ABLE Project Board of Advisors, “the ABLE Project teaches the tactics and skills of intervention to prevent harm to community members and police officers.” I’ve been through the training program and can say without hesitation that it will work.

Active bystandership – that is, the willingness of one officer to intervene on the actions of another officer regardless of rank – is not a new concept,

but its effectiveness is becoming more evident in policing. In 2015, the New Orleans Police Department developed a departmentwide bystandership program called EPIC (Ethical Policing Is Courageous) as part of their broad reform efforts.

Scott L. Bohn That successful program Executive Director now has grown into the PCPA Active Bystandership for Law Enforcement (ABLE) Project, a national best practice program administered out of the Georgetown University Law School's Innovative Policing Program.

It is common sense that agencies that incorporate a culture of Bystander Intervention are less likely to end up with the types of horrific and preventable incidents and crimes that destroy lives and communities. A culture of Active Bystandership not only saves lives and officer careers, but also avoids the unrest and erosion of trust that results when we fail to stop harm before it occurs. Police executives are driven by a tremendous sense of service and duty to their communities. The community understands that we as police officers make mistakes. But the community does not understand how one officer can stand by while another engages in harmdoing – nor should they.

34

ENABLE PENNSYLVANIA: ACTIVE BYSTANDER TRAINING FOR LAW ENFORCEMENT

BENEFITS The benefits of ABLE are significant, and include: • Reduced unnecessary harm to civilians.

An “active bystander” intervenes when he or she sees something happening or about to happen that is wrong. “Passive bystanders” fail to intervene for various reasons. They may be afraid they are interpreting the situation incorrectly, or they think it is not their job to intervene, or they have a misplaced sense of loyalty to a colleague. Frankly, police officers are Active Bystanders every day when it comes to protecting the community. Sadly, however, like most other professions, most of us are less “active” when it comes to each other. Our willingness to intervene in a colleague’s conduct often is stymied by a number of long-studied “inhibitors.” The ABLE training attacks these “inhibitors” to intervention head-on.

Passive bystandership not only allows bad things to happen – to community members and officers – it also has a corrosive effect on the culture of policing.

The PCPA promotes best practices and standards in the Commonwealth (PLEAC). If no one intervenes to stop mistakes or misconduct, it creates a sense that such things are normal behavior, resulting in more mistakes and misconduct.

• Improved police/community relations.

• Reduced unnecessary harm to officers.

• Improved officer health and wellness.

• Reduced risk of officers losing their jobs.

• Improved officer job satisfaction, • Reduced risk of lawsuits against the department, the municipality, and individual officers.

• Improved citizen satisfaction with their law enforcement agency, • Prevention of costly misconduct.

• Fewer costly mistakes.

Importantly, ABLE is not a disciplinary program or a “rat-on-your-colleagues” program, nor is it an extension or arm of Internal Affairs. ABLE is a practical prevention program tailored to the reality that officers too often lose their careers to misconduct or mistakes that could have been avoided. Deputy Superintendent Paul Noel of the New Orleans Police Department noted, “[ABLE] is designed to save officer careers and save their lives by keeping officers out of the disciplinary system. What union leader is going to say, ‘I don’t want that’?”

Police officers operate in a stressful environment. Our profession suffers from depression, alcoholism, family problems, and suicide more than most professions.

We need tools to help recognize moments when that stress is getting the better of one of our colleagues or employees. ABLE gives officers a new tool to step in and offer help. I believe the program will save families and lives.

ABLE is not a 21st century invention.

I discovered that the medical, airline, and education professions have been applying peer intervention techniques for years. The military likewise has embraced this philosophy.

Elementary schools, high schools and Mr. Aronie is a partner universities have figured at Sheppard Mullin out that peer intervention L.L.P.; chair of the programs are an effective ABLE Project Board of Advisors; the federal tool for combating bullying, monitor over the New sexual abuse, and mental Orleans, Louisiana, health issues.

However, Police Department; few law enforcement and a regular guest agencies have realized instructor at the FBI the advantages of giving National Academy. officers these same careersaving and life-saving tools. Chair of the ABLE Project Board of Advisors, Jonathan Aronie, added, “Intervening in another’s action is harder than it looks after the fact, but it’s a skill we all can learn. And, frankly, it’s a skill we all need – police and non-police.

ABLE teaches that skill.”

CONTINUED ON NEXT PAGE

35

SPRING 2021 BULLETIN

As officers, we all will be confronted with significant ethical, emotional, and procedural dilemmas over the course of our jobs. And we all will have opportunities to take action or note in the face of such dilemmas.

Now more than ever, communities across the Commonwealth, and the law enforcement agencies that serve those communities, are recognizing that officers must do a better job intervening when necessary to prevent our colleagues from causing harm or making costly mistakes.

ENABLE PENNSYLVANIA: ACTIVE BYSTANDER TRAINING FOR LAW ENFORCEMENT

Danielle Outlaw, Commissioner, Philadelphia Police Department currently serves on the ABLE Project Board Advisors. Outlaw says “ABLE will prioritize the well-being of our officers, but its training will also focus on a department-wide duty to intervene.

You get instances like George Floyd, and others like it in over 18,000 police departments, where officers stand there and do nothing when misconduct is going on. This will make us a trailblazer.”

"Taking the ABLE training course has enABLEed me to enABLE others to help save lives, careers, reputations, and police-to-community relationships. I have been empowered to empower other police personnel strategically and tactically, regardless of rank, to invoke themselves into others' situations, personal and/or professional, for the subject's best interests.

This course literally teaches 'trained observers' how to look for and recognize often overlooked crises. Every professional, especially those in high stress/ high-risk positions, MUST receive ABLE training. It is literally a life-saving, career-saving empowerment!" Timothy Veal Sr., Philadelphia Police Department

Philadelphia has now trained almost 10 officers as ABLE instructors. There reactions to the training are inspiring:

I was fortunate to have the opportunity, along with Deputy Chief Paul Noel, New Orleans Police Department, and Jonathan Aronie to introduce ABLE to the Executive Board of the FBINAA. The National Academy is committed to training 25 atlarge instructors across our country as certified ABLE instructors to help bring the program to a greater number of agencies. Ken Truver, the Chief of Police in Castle Shannon (Allegheny County) is a PCPA Executive Board member and the 1st vice President of FBINAA. “It was coincidental timing that both of these law enforcement leadership bodies were exploring this terrific training initiative at the

Commissioner Danielle Outlaw, Philadelphia Police Department

“Having been in Law Enforcement for 30 years and an Instructor for 17, we have always taught the importance of helping other officers in stressful situations. ABLE training has significantly improved that concept by providing concrete, down to earth ways of giving and receiving interventions before issues arise.” Alfredo Lopez, Philadelphia Police Department.

PA CHIEFS OF POLICE ASSOCIATION

Harrisburg, Pennsylvania - June 3, 2020 - Community Members of Harrisburg March through the city in support Black Lives Matter Movement and Police Reform. Photo by Jelani Photography.

36

ENABLE PENNSYLVANIA: ACTIVE BYSTANDER TRAINING FOR LAW ENFORCEMENT

same time. The concept of Active Bystandership is fundamental intervening in a situation gone awry, in an attempt to save all participants from harm.

It uses a commonsense approach to ingrain skills in the student to recognize opportunities to take Chief Ken Truver, action, where there have Castle Shannon Police traditionally been various Department cultural or subconscious impediments.

The Pa Chiefs of Police and the FBINAA are among many other law enforcement leaders who recognize that this “train the trainer” program has the ability to exponentially increase awareness.”

The City of Allentown Police Department, led by Chief Glenn Granitz Jr, has committed to the ABLE program and now has two ABLE trained instructors. Allentown Police Chief Glenn Granitz Jr. said the decision to apply for inclusion in the ABLE Project reflects important priorities for the department.

“Allentown Police Department officers and the community are always looking for new and meaningful training opportunities. We are City of Allentown currently training in these Police Department, areas, however, being one Chief Glenn Granitz Jr., M.S. CJA of the first agencies in the country to be selected for

37

this program is testament to the commitment of our men and women to policing with our community in Allentown.”

One of the ten law enforcement standards for the ABLE program is “Paying It Forward.” Agencies employing ABLE-certified instructors must make reasonable efforts to make ABLE training (by those certified instructors) available to surrounding law enforcement agencies that have been admitted into the ABLE program. This training assistance is provided at no charge (other than necessary travel expenses).

As a thirty-five-year practitioner of policing, a thought leader, ABLE Instructor, a law enforcement advocate, and Executive Director of the PCPA, I strongly encourage the law enforcement agencies in Pennsylvania to look into and submit an application to become part of ABLE as soon as possible. In Pennsylvania, accountability is what we have every right to expect from law enforcement. We are committed to the ethical, brave, and honest men and women who keep our communities safe, enforce the law, and meet the needs of victims of crime.

We have a moral obligation to reflect the values of our communities and are proud and committed to upholding this obligation. ABLE is part of the solution.

The Pennsylvania Police of Chiefs Association will be introducing the ABLE program in a 2-hour session at our July Conference at Kalahari Resorts in the Poconos. Pennsylvania is at the forefront of progressive policing in the country. Do not miss this presentation and keep Pennsylvania at the forefront of progressive policing in our nation. In the meantime, if you want to learn more about the ABLE Project, visit www.law.georgetown.edu/ABLE.

SPRING 2021 BULLETIN

As a thirty-five-year practitioner of policing, a thought leader, ABLE Instructor, a law enforcement advocate, and Executive Director of the PCPA, I strongly encourage the law enforcement agencies in Pennsylvania to look into and submit an application to become part of ABLE as soon as possible. In Pennsylvania, accountability is what we have every right to expect from law enforcement.

LAW ENFORCEMENT

Customized, Confidential, Mobile Wellness Applications

Law enforcement has never been more challenging. Nationwide, officers overwhelmingly report job-related stress has affected their mental health—yet 90% of officers say cultural stigma creates a barrier to getting help for emotional or behavioral issues. Left unaddressed, stress can lead to destructive behaviors and poor decisionmaking, including excessive use of force.

When you deploy CordicoShield in your agency, you will: Connect your personnel to confidential assessments and counseling resources

Cordico’s wellness solutions address these challenges, providing officers and their family members with on-demand access to relevant, trusted and effective wellness resources.

Our CordicoShield law enforcement wellness app offers a complete range of self-assessments as well as continuously updated videos and guides on more than 60 behavioral health topics—all designed specifically for first responders. And it’s backed with 5-star customer service covering design, implementation and ongoing support.

www.cordico.com www.lexipol.com

844-267-3426 844-312-9500

Strengthen your wellness culture & empower your peer support team Help officers cope with the effects of critical events & chronic exposure Improve officer decision-making, empathy & resiliency, which in turn enhances police/ community relations Support department retirees & family members (included with agency subscription)

Trusted, Tailored Behavioral Health Support

Cordico’s wellness tools and self-assessments are designed to keep your personnel healthy and effective at work. Created by our experienced clinical and scientific staff, these resources are built for both prevention and treatment.

Wellness Tools

CordicoShield includes videos, articles and guides on more than 60 topics. From trouble sleeping to dealing with tough calls to work/life balance, these resources are created specifically for law enforcement officers.

• • • •

Alcohol and Substance Abuse Burnout and Compassion Fatigue COVID-19 Dr. Gilmartin’s Emotional Survival

• • • •

Family Support Financial Fitness ICAC Coping and Resiliency Mindfulness

• • • •

Parenting Tips Posttraumatic Stress Psychological First Aid Suicide Prevention

Anonymous Self-Assessments

Often, officers suspect they are battling a mental health issue but are unsure where to start. CordicoShield self-assessments are completely confidential and deliver highly specific results aimed at providing instant feedback and next-step guidance.

• • • •

Adult ADHD Adverse Childhood Experiences Alcohol Abuse Cordico Anger Scale

• • • •

Compassion Fatigue Depression Posttraumatic Stress Resilience

Available Features

• Customized with your agency’s badge, images, engagement incentives & more • Confidential access & utilization • Apple iOS & Android compatible

• • • •

Cordico Sleep Test Social Isolation Stress Well-Being

•One-touch calling to peer support & chaplains •Teletherapy portal with HIPAA encryption •Therapist finder •Wellness push notifications

Serving First Responders Since 2002 “Cordico is connecting officers to innovative mental and behavioral health tools. Cordico’s wellness app helps me take care of my officers. It will save lives.”

Police Chief Neil H. Gang Pinole (CA) Police Department Chair, California Police Chiefs Association Wellness Committee

“If you do one thing for your agency this year, get this app. It will show that employee wellness is a priority, you truly care, and you want to make the best tools and resources accessible to your officers 24/7.”

Kimberly A. Miller, Ph.D. Chair, National Sheriffs’ Association, Psychological Services Committee Police Psychologist, Consultant, Coach & Trainer

www.cordico.com

| 844-267-3426

FITNESS TESTING POLICE CANDIDATES: TWO METHODS; AND, A FOLLOW-UP OF THE RESULTS TO CHAMBERSBURG PD’S NEW RECRUITING EFFORTS

Fitness Testing Police Candidates: Two Methods; and, a follow-up of the results to Chambersburg PD’s new recruiting efforts By: Gregory M. Bean, Consulting Services Coordinator, Pennsylvania Chiefs of Police Association

PA CHIEFS OF POLICE ASSOCIATION

In the last quarter of the Bulletin, our article entitled, The State of Recruitment: A Crisis for Law Enforcement, we reviewed the low numbers of persons seeking police officer positions. We also spoke of the efforts by police agencies to make changes and improve our recruitment numbers.

We highlighted Chief Ron Camacho’s department, Chambersburg PD, and reviewed their efforts to improve their recruiting pool of applicants. We will see what their final numbers looked like and review their successes and challenges.

First, an important, but somewhat misunderstood, topic of entry-level fitness testing.

Many questions and comments that arrive at our Consulting Services desk deal with the many aspects concerning Fitness Testing of new candidates.

Many departments are rightfully concerned with their failure rate with fitness testing. It is difficult getting a decent pool of applicants.

It is additionally disheartening that many apparent “good” candidates fail in this area.

There are two standards that are used in PA for the required physical fitness testing. The first are the standards used by the police academy. These standards (available on the MPOETC website) are the minimum to get into the

academy. Some experts will argue that they are not valid because they have never been validated by a work-related relevancy test. The scores needed for each candidate to pass, will differ because of age and gender.

Technically, this is not allowed according to certain employment regulations. The PA Chiefs does not use these testing standards for these reasons; but many agencies do.

The PCPA relies upon the “Cooper National Test Battery.” These are actual work related and tested requirements from the field; things that officers need to be able to perform to successfully accomplish their daily tasks. The test standards are based on the Equal Employment Opportunity Commission (EEOC) requirement that police fitness testing should be “job related and business necessity.” This is then legally defensible if a candidate will challenge the validity of your exam.

In reviewing the results of our fitness testing, many candidates do not pass because they are either using poor technique in the test or don’t know how to train properly for the testing. To assist in the reduction of these issues when using the Cooper Standards, our lead instructor will attend a coaching session for the candidates; normally 30-45 days prior to the exam. The municipality

40

lets the candidates know of this option and sets up a day/time to meet with our instructors. In addition, the day of the exam, the instructors will provide demonstrations as to the best way to perform the events.

These two enhancements have been shown to increase the skills of the candidates. There is no extra charge for the assessors holding a training session or the extra instruction.

The Cooper Standards requirements; with no adjustments for age or gender.

Vertical jump - 15.5 inches Sit-ups - 30 reps - no time limit 300 meter run - 66 seconds Push-ups - 25 reps - no time limit 1.5 mile run - 15:54 minutes The PA Chiefs employs Michael Grogan to administer our fitness testing. Mike is an officer himself and certified as a Supervisory Physical Fitness Coordinator and Instructor.

For questions of Mike, please feel free to email him at pafitcop@ yahoo.com.

THE CHAMBERSBURG POLICE RECRUITING EFFORTS AND RESULTS In last month’s PCPA BULLETIN, we highlighted Chambersburg Police Department’s efforts to increase their pool of candidates and to make that pool more diverse. Now

FITNESS TESTING POLICE CANDIDATES: TWO METHODS; AND, A FOLLOW-UP OF THE RESULTS TO CHAMBERSBURG PD’S NEW RECRUITING EFFORTS

Their numbers: Applications Received

314

(100 applied in a previous process)

Attended Written Exam

129

Passed Written Exam

112

Attended Fitness Test

89

Passed Fitness Test

48

REVIEW The numbers reveal several things.

Their final pool of candidates for the position is very encouraging. In order to finish with a large pool of candidates, you need to start with a large pool of candidates. Here is what worked for Chambersburg: Advertising – Along with magazines and billboards, Chambersburg was pleased with “PoliceApp.” The department chose not to charge a fee for applying and there is no additional fee to the municipality.

The App does charge the candidate $25. They also advertised on the PAChiefs.org website. In January, the “Jobs” part of our website received nearly 10,000 views.

Recruitment Team – This volunteer group of three officers made a difference. The candidates could ask them questions about the job and about the hiring process (and they asked a lot!). They believe this personal attention proved beneficial.

Tutoring for the Written Exam – Seven training sessions were offered. This instruction reviewed sample questions from the study guide offered by the PA Chiefs. A schoolteacher volunteered her time and spoke on “how” to effectively take an exam. Their passing rate

Bilingual Test Candidates

3

(all passed)

46

Candidates are on the certified list / over one-third are minority and female persons Employment offers have been made to

three (3) candidates

41

was excellent. 112 of the 129 (87%) candidates passed the exam.

Several areas posed a challenge; and very typical of what we are seeing across the State.

Only 41% of the candidates who signed up, showed up – Explanations include the ease of signing up (and not being serious about their interest), COVID, weather, and competition from other employers.

Only 43% of the candidates who passed the written exam, chose to take the fitness test and also passed the fitness test. Several of the reasons include poor technique in taking the tests and poor training and overall physical condition of the candidates.

Again, these challenging numbers are very typical across Pennsylvania.

What made the Chambersburg case such a success is that they started with a large number of initial candidates. This contributed to positive overall results and they felt that they met or exceeded their goals of finding a large diverse pool of quality candidates.

For more information about the Chambersburg Police Department’s hiring efforts, feel free to contact Sgt. Jon Greenawalt at jgreenawalt@

SPRING 2021 BULLETIN

that their process is complete and after my conversation with Sgt. Jon Greenawalt, I am pleased to share their results.

PA CAPITAL AREA: A BRING YOUR OWN SYSTEM APPROACH TO DATA SHARING

PA Capital Area: A Bring Your Own System Approach to Data Sharing By: Myles Tillotson, freelance author for police and public-safety

The Capital Area Police Exchange (CAPE) affords 33 agencies real-time unified search and sharing across their diverse Records Management System (RMS) platforms. This article explores a unique approach adopted

by Dauphin and Cumberland Counties that allows contributing agencies to share data, regardless of the RMS system they use at the agency.

PA CHIEFS OF POLICE ASSOCIATION

Almost a decade ago, the Dauphin County selected a common RMS platform to allow participating agencies to share summary master index information with each other and the DA’s Office. However, as several departments transitioned away from the common RMS to other RMS platforms that better met their respective needs, they grew concerned about the future of their data-sharing capabilities. “We questioned how we could maintain and improve our information sharing if we weren’t on the same RMS,” said Chief Garth Warner of the Derry Township Police Department. “We couldn’t lose the ability to search county-wide. One key piece of information from another RMS can break a case.”

With agencies jumping ship off of the common RMS, a new approach to sharing was needed. This also presented the perfect opportunity to expand their data sharing beyond just summary master index information and beyond county lines across the Capital region.

Dave Holl, Director of Public Safety for Lower Allen Township, appreciates the value of a multi-county information sharing consortium. “The more data the better”, he says. “It helps us all to work smarter, not harder, especially during a pandemic.”

42

PA CAPITAL AREA: A BRING YOUR OWN SYSTEM APPROACH TO DATA SHARING WINTER 2020 BULLETIN

The Dauphin County DA’s Office agreed.. According to Catharine Kilgore, the Administrator of the Dauphin County Criminal Justice Advisory Board, “it was imperative to improve the county-wide data gathering and advanced crime statistical analysis capabilities” for the DA’s staff and participating departments.

COBRAnet: Bring Your Own System Data Sharing Representatives of the DA’s Office and police chiefs associations in Dauphin and Cumberland joined to find a solution. The leadership team, including Garth Warner, Catharine Kilgore and Dave Holl didn’t have to look far.

A data-sharing platform called COBRAnet, deployed

by CODY Systems, was already being used by counties across PA oo seamlessly share data across different RMS, CAD, JMS and similar platforms. Not only did COBRAnet clearly meet the team’s technical requirements but it was also already hosted and supported by Dauphin County as a regional data sharing pilot funded initially through a Federal Homeland Security grant.

The idea for expanding the regional pilot to serve as the new information sharing platform came from the Dauphin County DA’s Office. For Catharine Kilgore, “it was important for us to give each police department flexibility to choose the RMS best for its needs while giving us the ability to analyze and map incidents across the county to support data-driven predictive policing.”

Plus, COBRAnet also afforded participation in a broader

information sharing network called PA SuperCOBRA. This network currently links more than 225 police departments in 16 counties across the Commonwealth providing a real-time, unified, statewide crime picture.

The COBRAnet search app, accessible from virtually any desktop, tablet or smartphone, provides authorized users instant search access across the data from all participating agencies. The platform allows each agency full control over what information to share and what users are able to see.

Ownership, Trust and Governance: The Keys to CAPE Success A primary challenge facing the leadership team – and the key to long-term success – was creating and maintaining a strong sense of ownership among participating agencies. The team started by choosing a name to encourage participation across the capital

A primary challenge facing the leadership team – and the key to long-term success – was creating and maintaining a strong sense of ownership among participating agencies. The team started by choosing a name to encourage participation across the capital region -and thus was born the Capital Area Police Exchange or CAPE. CONTINUED ON NEXT PAGE

43

PA CAPITAL AREA: A BRING YOUR OWN SYSTEM APPROACH TO DATA SHARING

PA CHIEFS OF POLICE ASSOCIATION

region -and thus was born the Capital Area Police Exchange or CAPE. Today CAPE includes thirty-three agencies from four counties, including the City of Harrisburg, the Commonwealth capital.

However, they all agreed that fostering ownership extended far beyond the name. One initial and crucial component to establishing a sense of ownership was the formation of the CAPE Users Group, comprised of experienced and enthusiastic end users. The group meets consistently to capture and promote success stories, best practices and identify potential improvements and new features. “At the County level we can talk about what we want, but what really matters is that CAPE gives the police what they need in real-time,” Kilgore says.

Garth, Catharine and Dave all agreed that creating and maintaining ownership are consistent, on-going endeavors that rely on three common themes: • Building Trust • Establishing Governance and Securing Long-Term Commitment • Promoting Success

Software Built to Build Trust Chief Garth Warner emphasizes how important building trust is to any cross-agency information sharing relationship. The trust that has grown across the CAPE agencies has been a direct result of the confidence the agencies have in both the control and security of their data within the larger sharing network.

Each participating agency decides what information it wants to share and what level of user in other agencies can see that information. “We initially granted access to our chief detective and one other user. Our use was limited, and we restricted access to information such as case narratives.” But, he continued, “As we began to see how valuable information from other agencies can be and how secure COBRAnet is, we realized we should share more information, like case narratives” he notes.

The more information is shared, the more valuable CAPE is for all.

His advice to counties or agencies just starting to share through COBRAnet is to “see how it’s used and then tailor it to what you’re comfortable with. Starting out restricting some information and easing into it is easy with the COBRAnet platform.”

44

PA CAPITAL AREA: A BRING YOUR OWN SYSTEM APPROACH TO DATA SHARING

In addition to CAPE’s impact on the quality of information available to detectives and field officers, Holl emphasizes its labor efficiency benefits. “If I assign someone a case and he has to make 20 phone calls or field visits, there’s a time and cost factor. With CAPE we can potentially reduce that by 80-90%. This is the kind of benefit that chiefs and agencies need to understand.”

Chief Warner adds that confidence about data security is the other essential ingredient to building trust. CAPE requires CJIS-compliant two-factor authentication at log on. This security feature built into the COBRAnet framework ensures that only authorized users have access and only at defined levels.

Holl highlights two strategies for reinforcing the value of a data sharing initiative that have worked for the CAPE and its COBRAnet deployment.

Establishing Governance & Securing Long-Term Commitment For any sharing consortium, establishing a set of sharing guidelines is an absolute must. Kilgore manages the memorandum of understanding (MOU) negotiated with each agency specifying requirements for authorizing users and handling information. However, she also recognizes that a broader governance responsibility at the chief level is essential for long-term success.

“Strong leadership at that level is crucial for long-term sustainment.”

Achieving such success required incorporating management and oversight of the system into existing standard operating procedures. The standing RMS subcommittees to the chiefs’ associations in Dauphin and Cumberland counties have taken an active role in governance. CAPE is on the regular agenda at chiefs meetings, raising its profile and building ownership and commitment.

“CAPE is successful,” Kilgore says, “but as with any successful project, we have to continue to highlight the value to sustain and expand that success.”

Promoting Success For other information sharing initiatives to similarly succeed, Dave Holl believes it’s critical to quantify and document the actual benefit of the shared information.

“No one’s going to pay for something unless they truly understand the benefit.” To recruit potential new agencies to CAPE and to sustain buy-in among existing ones means stressing how it can help officers in the field, not just the detectives who were the pilot’s initial users. “You have to constantly be a ‘missionary,’” Holl says, “and always reinforce the benefits.”

45

First, “internal monitoring by command staff must occur,” he maintains. “If you review a case in which an officer didn’t use CAPE to save time or optimize results, you need to learn why and reinforce the importance of doing so.”

Second, beyond reinforcing the benefits to individual users, it’s crucial to spread the word. Building enthusiasm for something that works as well as CAPE is “simply a marketing process.” Holl says. Once folks see what the CAPE does, the system sells itself.

Holl emphasizes the importance of success stories in creating the viral buzz to encourage even more use, and to ensure CAPE has the visibility at the Chief level necessary for its long-term support. “There have been countless success stories with the system,” he says.

As with every successful project, the steps taken to build trust, establish governance and promote success continue to be refined, and are always ongoing. The Pennsylvania Capital Police recently became the 33rd agency to join CAPE. Join the COBRA Movement Dave Holl urges: "Get on board. The more data we can share, the more effective we can all be”.

Your agency doesn’t have to be in the Capital Region to realize the benefit of SuperCOBRA and have access to statewide information CAPE users enjoy. Any law enforcement agency in Pennsylvania, regardless of its current RMS platform, can participate in SuperCOBRA through a CJIS-compliant, cloud-based COBRAnet network. Contact CODY at (610) 326-7476 or info@ codysytems.com to learn more.

SPRING 2021 BULLETIN

However, he believes agencies quickly see how valuable the information is, especially in context of the statewide search capability CAPE offers as a SuperCOBRA node.

CAPE users can easily define the parameters of a specific search, from a single participating agency to the entire CAPE network, or to any or all of the agencies’ data linked through SuperCOBRA.

ACTIVE BYSTANDERSHIP CAN BE TAUGHT AND LEARNED

Active Bystandership Can Be Taught and Learned By: Jonathan Aronie, J.D., and Edward Yeung, M.A.S. This Article originally published in the FBI Law Enforcement Bulletin

PA CHIEFS OF POLICE ASSOCIATION

Across the country, decision makers at all levels—departmental, local, state, and federal—are taking steps to include “duty to intervene” language in their policies, ordinances, and legislation. However, the law has imposed such a duty upon law enforcement officers for years. According to the U.S. Court of Appeals decades ago, “it is clear that one who is given the badge of authority of a police officer may not ignore the duty imposed by his office and fail to stop other officers who summarily punish a third person in his presence or otherwise within his knowledge.”1 As it turns out, it is not the duty that is lacking but meaningful training on how to perform that duty consistently, safely, and effectively.

While it is easy to look at the tragic videos that have gone viral over the past decade and say, “You shouldn’t have to teach an officer to step in and stop that!” intervening in another’s conduct is much harder than it looks in hindsight. The inhibitors to intervention, especially in a hierarchical organization like policing, are strong and pervasive.

Fortunately, meaningful training 1

Byrd v. Brishke, 466 F.2d 6 (7th Cir. 1972).

Mr. Aronie is a partner at Sheppard Mullin L.L.P.; chair of the ABLE Project Board of Advisors; the federal monitor over the New Orleans, Louisiana, Police Department; and a regular guest instructor at the FBI National Academy.

Jonathan Aronie, J.D.

Edward Yeung, M.A.S.

and deliberate practice can help overcome those inhibitors.2 In 2015, the New Orleans, Louisiana, Police Department (NOPD) developed a departmentwide program to do just that. The program, called EPIC (Ethical Policing Is Courageous), is founded upon decades of research (and an early peer intervention program) by renowned psychologist Dr. Ervin 2

For additional information, see Ervin Staub, The Roots of Goodness and Resistance to Evil: Inclusive Caring, Moral Courage, Altruism Born of Suffering, Active Bystandership, and Heroism (New York, NY: Oxford University Press, 2015); Ervin Staub, “Preventing Violence and Promoting Active Bystandership and Peace: My Life in Research and Applications,” Peace and Conflict: Journal of Peace Psychology 24, no. 1 (2018): 95–111, accessed November 10, 2020, https://doi. org/10.1037/pac0000301; and Ervin Staub, “Promoting Healing and Reconciliation in Rwanda, and Generating Active Bystandership by Police to Stop Unnecessary Harm by Fellow Officers,” Perspectives on Psychological Science 14, no. 1 (2019), accessed November 10, 2020, https://doi. org/10.1177/1745691618809384.

46

Mr. Yeung served as a police officer in New Jersey, retired as an FBI supervisory special agent, and currently is a leadership instructor at the FBI National Academy.

Staub.3 Dr. Staub’s and others’ work have demonstrated without question that “active bystandership”—that is, the art and science of intervening in another’s actions—can be taught and learned.

Within 2 weeks of the George Floyd killing, more than 100 police agencies across the country had reached out to the developers of the NOPD EPIC Program for help establishing active bystandership programs of their own. It quickly became apparent that NOPD could not meet this overwhelming demand. Enter the Georgetown University Law Center (GULC) and global law firm Sheppard Mullin.

Working closely with NOPD, the 3

S ee Caroline Modarressy-Tehrani, “The Holocaust Survivor Hoping to Change American Police Culture,” NBC News, July 19, 2020, accessed October 28, 2020, https://www.nbcnews.com/news/ us-news/holocaust-survivor-hoping-changeamerican-police-culture-n1234166.

ACTIVE BYSTANDERSHIP CAN BE TAUGHT AND LEARNED

experts who helped create the EPIC Program, and a host of other national thought leaders, GULC and Sheppard Mullin established the Active Bystandership for Law Enforcement (ABLE) Project.4 New Project The ABLE Project, part of GULC’s Innovative Policing Program, serves as a national hub for bystandership scholarship, resources, and training.

Through a series of train-the-trainer events, the ABLE Project will offer bystandership training to law enforcement agencies across the United States. Like the EPIC Program upon which it is based, ABLE training is grounded in evidence and involves a deliberate mix of presentations, thought-provoking discussions, interactive small-group activities, and actual practice.

4

ee Sheppard Mullin, “Joint Project Between S Georgetown University Law Center’s Innovative Policing Program and Sheppard Mullin Aims to Help Prevent Police Misconduct,” press release, June 15, 2020, accessed October 28, 2020, https://www.sheppardmullin.com/pressrelease-663; and “Active Bystandership for Law Enforcement (ABLE) Project,” Georgetown Law, accessed October 28, 2020, https://www.law. georgetown.edu/IPP/ABLE.

ABLE training also incorporates social science, much of it taken from Dr. Staub’s bystandership experiments in the lab and the field.

For example, one unit of the 8-hour training asks officers how they think the inaction of one bystander will impact the willingness of a second bystander to take action in a given event.

The experiment used in this unit has nothing to do with policing. It involves an individual (the subject) sitting in a waiting room when he or she hears a loud crash and sounds of distress from the adjoining room, as if someone has fallen from a height and is hurt. This experiment explores whether the subject is more or less likely to enter the adjoining room based on the actions of a stranger (a second person in the waiting room who is a confederate of the experimenter).

In one version of the experiment, the stranger does not react to the noise; in the other, the stranger reacts in a meaningful, proactive way. After hearing about the experiment, the

Through such interactive projects, officers come face to face with the sociological and psychological inhibitors—like apprehension about making a mistake, fear of being ostracized, obedience to authority, pluralistic ignorance, and others— that keep people from being active bystanders as often as they would like. The officers then learn practical strategies and tactics to overcome those inhibitors; they practice them during facilitated scenario-based role play.

Active Bystandership and Policing Active bystandership training to prevent harm to others is not new.

Other professions have used it as a powerful tool for years. The medical profession uses it to teach and empower nurses to intervene to prevent harm caused by inadvertent doctor errors in the operating room.6 The military and the airline industry use it to empower aircraft crews to intervene to prevent pilot error in the cockpit. In the university setting, active bystandership training has helped reduce sexual assault on F or additional information, see Ervin Staub, “Our Power as Active Bystanders,” Psychology Today, January 7, 2012, accessed October 29, 2020, https://www.psychologytoday.com/us/blog/ in-the-garden-good-and-evil/201201/our-poweractive-bystanders.

6 S ee Jonathan Aronie and Christy E. Lopez, “Keeping Each Other Safe: An Assessment of the Use of Peer Intervention Programs to Prevent Police Officer Mistakes and Misconduct, Using New Orleans’ EPIC Program as a Potential National Model,” Police Quarterly 20, no. 3 (June 2017), accessed October 29, 2020, https://epic.nola.gov/ epic/media/Assets/Aronie-Lopez,-Keeping-EachOther-Safe.pdf.

5

CONTINUED ON NEXT PAGE

47

SPRING 2021 BULLETIN

officers guess whether the actions of the stranger (i.e., the bystander) will have an impact on the subject.

The discussion then feeds into an exploration of the power of bystander police officers on other bystander police officers. It is an engaging and powerful way to see the impact of social science on reallife events.5

ACTIVE BYSTANDERSHIP CAN BE TAUGHT AND LEARNED

PA CHIEFS OF POLICE ASSOCIATION

campus.7 Notwithstanding these successes, active bystandership never has been systematically taught to law enforcement officers.

To be clear, many academies emphasize the moral and legal obligations to intervene to prevent harm by another officer, but few teach how to intervene effectively.

And, fewer still give their officers the opportunity to practice an intervention. This lack of meaningful teaching and deliberate practice has a significant impact on officers’ willingness to use the tools of intervention in the field. It should not surprise anyone to learn that police officers, like other professionals, more likely will use skills they have become familiar with and practiced.

Law enforcement agencies know the importance of practice in ensuring that skills and tactics become “muscle memory.” Every officer in the United States has practiced being in a gun fight, 7

S ee Keith Hautala, “’Green Dot’ Effective at Reducing Sexual Violence,” University of Kentucky News, September 10, 2014, accessed October 29, 2020, https://uknow.uky.edu/research/green-doteffective-reducing-sexual-violence.

although, fortunately, such a scenario is unlikely. This is done so if such a scenario were to unfold, the muscle memory would kick in and the officer hopefully would react smartly and swiftly.

However, few officers ever have had the opportunity to practice active bystandership—for instance, telling peers they are making a mistake; saying to a colleague, “I’ll take it from here”; or demanding a senior officer to remove his knee from someone’s neck. But, such training is crucial.

Evidence of Success While it is hard to quantify the success of an active bystandership program—because when it works, nothing happens—there is no shortage of evidence vouching for its effectiveness. Several examples serve to illustrate.

• Decades of research by Dr. Staub and other academics demonstrate that active bystandership can be taught and learned. The research has revealed the universal inhibitors to active bystandership as well as the practical strategies

48

and tactics for overcoming them.

• Many lab and field studies by Dr. Staub and others have highlighted the power bystanders have over the actions of others. Without question, passivity among bystanders encourages passivity in others, whereas the positive action of one often prompts positive action by others.

• The success of active bystandership is demonstrated in other areas, such as hospitals, aircraft, and college campuses.

• Survey data documents the not-surprising fact that police officers believe themselves more likely to intervene to prevent harm after participating in active bystandership training.8 8

S ee Office of the Consent Decree Monitor, New Orleans, LA, and Sheppard Mullin Richter & Hampton, Special Report of the Consent Decree Monitor for the New Orleans Police Department Consent Decree Reporting the Results of the Third Biennial Community Survey, Consent Decree Monitor Document no. 581-1, November 12, 2019, accessed October 29, 2020, http://nopdconsent. azurewebsites.net/Media/Default/Documents/ Reports/581-1%203rd%20Biennial%20Special%20 Report.pdf.

ACTIVE BYSTANDERSHIP CAN BE TAUGHT AND LEARNED

• It has worked on the ground in New Orleans.9 Regarding the last bullet, NOPD implemented its EPIC program in 2015 and had most officers trained in 2016. Over the last several years, NOPD has experienced a reduction in police misconduct, uses of excessive force, and citizen complaints. During the same period, it has seen an increase in citizen satisfaction with and respect for the 9

S ee multiple articles at “Active Bystandership in the News,” Georgetown University Law Center, accessed October 29, 2020, https://www.law. georgetown.edu/innovative-policing-program/ active-bystandership-for-law-enforcement/ active-bystandership-in-the-news/.

police and in officer job satisfaction.10 While NOPD has undertaken other innovative initiatives that likely have contributed to these encouraging statistics, the EPIC program deserves at least some of the credit.

But, as probably the most powerful evidence, those who have been through active bystandership training passionately vouch for its effectiveness. For instance, Baltimore, Maryland, police 10

e e, among other reports, Loyola University New Orleans School of Law, Path to Reform: Report to Judge Morgan On NOPD Progress Under the Consent Decree, Consent Decree Monitor Document no. 575, January 2019, accessed October 29, 2020, http://nopdconsent.azurewebsites. net/Media/Default/Documents/Docket%20 Items/575%20Monitor's%20Report%20On%20 NOPD%20Progress%20Under%20The%20Consent%20Decree.pdf.

commissioner Michael Harrison, just one of many who have become vocal proponents, describes active bystandership training as transforming police loyalty from “covering for one another” to “showing loyalty on the front end” by preventing the misconduct or mistake in the first place. According to Commissioner Harrison, active bystandership training “prevents an injury, it saves a broken relationship between police and community, and it saves an officer’s career.”11 Other police leaders speak just as eloquently on the subject.12 A combination of the evidence upon which active bystandership is based coupled with the strong support the training has garnered from both law enforcement leaders and civil rights leaders (the ABLE Project Board of Advisors includes both) prompted the FBI National Academy (NA) to reach out to GULC to explore ways of working together.13 Such a partnership builds upon the NA’s long interest in active bystandership as a means of preventing harm to civilians and police officers.

The developers of the NOPD EPIC Program long have been guest instructors at the NA, and NA instructors have presented at NOPD’s annual EPIC Leadership Conference. But, the national demand for quality active bystandership training prompted the NA to take even broader strides in this area. Accordingly, the NA now is working toward incorporating " Duty to Intervene Policies Aim to Prevent Officers from Using Excessive Force,” Robin Young, Here & Now, aired July 20, 2020, on WBUR, accessed October 29, 2020, https://www.wbur.org/hereandnow/2020/07/20/duty-to-intervene-police-force.

12 S ee Larry Platt, “An Argument for Funding the Police,” Philadelphia Citizen, July 31, 2020, accessed October 29, 2020, https://thephiladelphiacitizen. org/danielle-outlaw-policing-plan/.

13 S ee ”ABLE Board of Advisors,” Georgetown University Law Center, accessed October 29, 2020, https://www.law.georgetown.edu/innovativepolicing-program/active-bystandership-for-lawenforcement/able-board-of-advisors/.

11

CONTINUED ON NEXT PAGE

49

SPRING 2021 BULLETIN

“While it is hard to quantify the success of an active bystandership program— because when it works, nothing happens—there is no shortage of evidence vouching for its effectiveness.”

ACTIVE BYSTANDERSHIP CAN BE TAUGHT AND LEARNED

ABLE training into the NA’s core curriculum and will partner with the ABLE Project to offer ABLE certification training as an elective to all NA participants. With nearly 1,000 senior police executives from across the United States and the world attending the NA each year, this partnership will help ensure the concepts and pillars of active bystandership spread quickly through the law enforcement community.

PA CHIEFS OF POLICE ASSOCIATION

Training for Officers The GULC-Sheppard Mullin ABLE Project is offering a series of trainthe-trainer events, which started in late September 2020. While the training (along with the curriculum, materials, and facilitators’ manuals) is free, participating agencies must commit to 10 ABLE standards.

As social activist Ted Quant, a supporter of the ABLE Project, put it during a recent virtual ABLE Project open house, “We don’t want anyone pimping the program for publicity.”14 In short, police agencies not sincerely interested in creating a culture in which active bystandership can thrive need not apply.

Among the ABLE Project standards that serve as the “price of entry” for the ABLE train-the-trainer event are 1) a letter from the agency head, 2) a letter from the mayor/ town manager, and 3) two letters from community groups vouching for the department’s sincerity in the program. Other standards include a strong no-retaliation policy, a respectable officer wellness program, and a commitment to “pay it forward”—that is, to go back and train one’s own department and take reasonable efforts to invite a neighboring jurisdiction to the training.

14

T ed Quant, comments made during the 3rd Annual EPIC Police Peer Intervention Executive Leadership Conference in New Orleans, LA, in August 2020.

The ABLE standards are a small price to pay for entry into an evidencebased program that teaches a lifeand career-saving skill. The list of agencies already in line to receive the training is long and prestigious.

Examples include the—

when it comes to intervening in another officer’s actions—especially those of a senior officer—to avert mistakes, prevent misconduct, and even to promote officer health and wellness, police officers are no better than anyone else.

• Baltimore, Maryland, Police Department;

While we all are active bystanders from time to time, we are passive bystanders far more often than we think. But, decades of research, ingenuous field experiments, and onthe-ground experience all tell us that active bystandership can be taught.

The skills of active bystandership can be learned, practiced, and absorbed just like any other skill. Those skills then can be used to do all manner of good, including preventing harm to civilians and officers and fighting against racial injustice, on the street as well as within a law enforcement agency.

• Philadelphia, Pennsylvania, Police Department; • Washington State Criminal Justice Training Commission; • New Hampshire Police Standards and Training Council; • Northern Virginia Criminal Justice Training Academy; • Fayetteville, North Carolina, Police Department; and • Wilmington, North Carolina, Police Department.

The list grows every day, probably because active bystandership training offers so many benefits to agencies, their officers, and their communities.

Conclusion Police officers are active bystanders in many ways. They put themselves in danger to help others every day.

They run toward the gun shots, not away. They show courage when so many others would show fear. Yet,

50

Endnotes The Article was originally published in the FBI Law Enforcement Bulletin "Active Bystandership Can Be Taught", by Jonathan Aronie, J.D., and Edward Yeung, M.A.S., 12.08.2020, FBI Law Enforcement Bulletin, https://leb.fbi.gov/articles/featuredarticles/active-bystandership-canbe-taught-and-learned. Reprinted with permission.

TECHNOLOGY UPDATE

By: Christopher J. Braun MSIT, PCPA Technology Coordinator

PAVTN

These new 2021 courses were available on January 1, 2021: 21-001 Legal Update - A mandatory three-hour course highlighting pertinent court decisions and significant pieces of legislation passed after July 1, 2019 that affect police operations and investigations.

Lessons will address changes and updates to the Pennsylvania Crimes Code, Vehicle Code, and Rules of Criminal Procedures as well as decisions from Pennsylvania’s Commonwealth, Superior and Supreme Courts, various Federal Courts, and the United States Supreme Court. A final segment of the course will focus on topics such as the issue of excessive charging by police officers and the different jurisdiction and authority of the various law enforcement agencies and officers throughout the Commonwealth.

21-002 Juvenile Justice- A threehour elective course providing a review of the Juvenile Act to include: juvenile custody, placement procedures and options, segregation from adult prisoners, information needed for the juvenile allegation, and the juvenile court process and proceedings. The course will have focused discussions on juveniles in holding and interviewing juveniles.

The training will include resource information which is available to the officers for assistance and support.

21-003 Child Victims of Human Trafficking - A three-hour elective course discussing Human Trafficking with a focus on child victims and sex trafficking. The course will teach a Victim Centered Response, as victims are the key to successful investigation and prosecution of sex traffickers, but surviving victims are typically severely traumatized with both immediate and long-term consequences. Lessons will define child sex trafficking, identify who is at risk, explain the consequences of child sex trafficking, and offer

suggestions for addressing the expanding problem of child sex trafficking.

21-004 Recognizing and Responding to Individuals with Special Needs - A mandatory three-hour course focusing on timely recognition and appropriate law enforcement response to individuals with special needs. The course will teach officers to employ appropriate communication techniques and de-escalation tactics when interacting with individuals who have special needs or who exhibit behaviors associated with mental illness, intellectual and physical disabilities, and/or autism. The training will include information and instruction for officers regarding available services and support systems for individuals with special needs.

It is encouraging to see since January 1, 2021, over 7300 officers have logged on to the PAVTN to start their annual training. While many are taking the two MPOETC electives, there are other interesting electives available, especially on CONTINUED ON NEXT PAGE

51

SPRING 2021 BULLETIN

Technology Update

TECHNOLOGY UPDATE

PA CHIEFS OF POLICE ASSOCIATION

the topics of STOP violence against women and helping crime victims.

However, electives only count the first time you take them and for the calendar year you take them.

Occasionally officers take a course that they took several years ago.

While that is a great refresher to help them, it will not count as credit again.

Our new Forensic program to help police departments be better equipped and trained to process crime scenes and collect evidence has finally started. The project supports improving the quality and frequency of collected latent evidence from crime scenes across the Commonwealth.

Through a sustained effort of training, equipment, and agency executive support, a collaborative enterprise can be substantiated to educate and equip larger police departments, District Attorney Offices, Sheriff Offices, and/or regional partnerships (for the smaller agencies) to employ the latest discovery, collection, preservation, and development tools for processing latent evidence.

Since it will be impossible to conduct this training in a classroom for at least six more months or more, we are taking it virtual. The first course “Video Literacy | What Every Investigator & Prosecutor need to know” a 16-hour Online

course, February 25, 26 and March 1, 2021 was completely booked in days.

Mobile Fingerprint Identification Devices

We continue to plan how to provide additional training either online or in social distanced classes. Please check our web site and your email for future courses.

Body Worn Camera Grant

Our body worn Camera grant has now help ten police departments deploy 150 body worn cameras.

Through the grant these departments received policy and technical advice through the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance launched the Body-Worn Camera Policy Implementation Program (PIP). For any department that is considering or starting body worn camera program PIP has a web site with a wealth of information, resources, podcasts, and newsletters to assist you. Here is their web site: www. bwctta.com. Using BWCs in police work is a project that requires careful development of policy and deployment. PIP is a resource that has all the experience of those that were the early adopters of this technology and that can be used to help new departments avoid errors.

52

The PCPA Mobile Fingerprint Identification Project is still operating. In the month of January 489 inquiries were made through our 274 deployed devices. This is about half of the number before the pandemic. However, this is a valuable device in the pandemic, for when you have cause to identify someone by fingerprints, you do not have to transport them to a livescan location.

We are now again delivering devices and we are doing the limited in person training according to the COVID guidelines with personal distancing.

However, training on the devices is also available on the PAVTN. Hundreds of uses proved the effectiveness of these devices identifying suspects in the field that do not have other identification.

In some cases, wanted persons were discovered in others new crimes were both identified and prevented. While the grant funding is gone, there are still a few refurbished devices available for just the annual operating cost of $990. That provides the device, full system/device maintenance and one year of secure cellular service.

Any department interested can see the requirements on our web page https://pcpa.memberclicks.net/ mobile-fingerprint-id or contact me by email cjbraun@pachiefs.org.

America’s largest and most experienced law enforcement accreditation consulting company is proud to be working with the Pennsylvania Chiefs of Police Association in bringing our suite of services to the Keystone State.

Our holistic business model includes distributing the system, developing customized policies for your department and assisting your agency gather the appropriate proofs of compliance required by the accrediting body. To date, we have directly assisted in excess of one hundred fifty law enforcement agencies succeed in their goal of becoming accredited.

The Rodgers Group is proud to announce our partnership with Chris Boyle Law Enforcement Consulting and our expansion of TRGs Accreditation Consulting, Online In- Service Training and Policy Writing Services with Law Enforcement Agencies throughout Pennsylvania.

Mr. Boyle is a retired Police Lieutenant, licensed attorney, and currently holds a position as a Criminal Justice Instructor at the Temple University Municipal Police Academy. He began his law enforcement career in the Philadelphia Police Department, serving as a Patrol Officer, Detective, Sergeant and Lieutenant in the Patrol, Detective, Narcotics and Training Bureaus. He retired as the Department Advocate in 2005 where he was responsible for the coordination with the Internal Affairs Bureau and adjudication of all disciplinary matters for the 6500 member Department. Since 2005, he has served as a civil rights trial attorney and law enforcement consultant where he routinely reviewed police policies and procedures regarding pursuits, search and seizure, the use of force and other law enforcement topics. He is a contributing editor to The BULLETIN and TRUST CONNECTIONS, the

quarterly publication of the Delaware Valley Property and Liability Trust. He is frequently called upon to present seminars and training to law enforcement and the legal profession on topics from liability and defenses, to racial profiling and in-custody deaths.

“We are excited to welcome Chris to our team and look forward to the future as we continue our expansion across Pennsylvania and beyond”, said Frank Rodgers, president of The Rodgers Group. “His extensive experience, outstanding reputation and shared vision for assisting the law enforcement community and the public they serve make him a perfect fit for our team.”

“The chance to work with Maddie Lewis, Jenn Ruggeri and the rest of the Rodgers Group team is an incredible opportunity to put my thirty-two years of law enforcement experience to use for the betterment of our profession. I see policy, training and accreditation as three of the fundamentals of professional policing, and The Rodgers Group as the perfect partner to work with.

Given the experience of Jenn, Maddie and myself working with Pennsylvania Police Departments and municipalities, and The Rodgers Group’s decades-long track record and infrastructure, I see us doing great things together.”

Also leading our growing efforts in Pennsylvania are Officer Madeline Lewis of the Lower Merion Township Police Department and Mrs. Jennifer Ruggeri of the Newtown Township Police Department; both of whom have lead their agencies to PLEAC and CALEA accreditation.

To learn more about The Rodgers Group and how we can assist your agency meet its accreditation and training goals, please visit www.RodgersGroupLLC.com or email Info@RodgersGroupLLC.com.

P E N N S Y LV A N I A CHIEFS OF POLICE ASSOCIATION

APPLICATION TYPE:

APPLY ONLINE!

oA ctive Membership $150 per year plus $100 Initiation Fee ($250 to accompany application) oA ffiliate Membership $150 per year plus $100 Initiation Fee ($250 to accompany application)

3905 North Front Street | Harrisburg, PA 17110 | Tel: 717-236-1059 | Fax: 717-236-0226 | www.pachiefs.org ¨ CHECK HERE FOR A MAILED COPY OF THE BULLETIN...$25 PER YEAR Please type or print clearly.

APPLICANT INFORMATION

RECOMMENDING MEMBER

Full Name of Employer_______________________________

Please list a current member of the Pennsylvania Chiefs of Police Association who has recommended that you apply for membership. If the applicant holds a rank lower than Chief, your recommending member must be your Chief, Superintendent or Commissioner.

Office Address _____________________________________

Recommending Member Name and Title:

________________________________________________

________________________________________________

Name____________________________________________ Rank ___________________________ Date of Appt_______

________________________________________________

Department Name and Phone Number:

County _____________________ Phone ________________

________________________________________________

Fax ___________________ Email _____________________

APPLICANT DEPARTMENT INFORMATION

Are you a sworn police officer? Y or N

Provide the number of sworn police officers in your department

Full time police officer in above department? Y or N

Full time ___________ Part time __________

MPOETC # ________________________________________ If not applicable, please explain why MPOETC number is not

If industry, number of security officers under applicant’s command ___________

present ___________________________________________

If other, state nature of business in relation to law enforcement

________________________________________________

________________________________________________

Residence Address _________________________________

________________________________________________

________________________________________________

________________________________________________

________________________________________________

MEMBERSHIP QUALIFICATIONS

PA CHIEFS OF POLICE ASSOCIATION

County ____________________ Region ________________

Section 4. Active Membership. “Active” membership shall be open to the following: (a) All full-time sworn chiefs of police, superintendents, or commissioners of municipal police agencies in the Commonwealth of Pennsylvania who have police powers and MPOETC Certification (b) All full-time sworn municipal police officers in the Commonwealth of Pennsylvania who have police powers, MPOETC Certification and hold the rank of captain or above and persons who hold the rank of Captain or above that are members of the Pennsylvania State Police; (c) Special agents in charge, assistant special agents in charge, and resident agents of any law enforcement entity of the United States government if, at the time of application, such persons are headquartered in the Commonwealth of Pennsylvania; and; full-time persons with command-level responsibility in any law enforcement agency of the Commonwealth of Pennsylvania provided that these individuals are not elected to their position by a popular vote of citizens Section 5. Affiliate Membership. “Affiliate” membership shall be open to those persons who, by occupation are Chiefs of Police who work part time, Police Officers In Charge of Police Departments, Directors of Police Agencies, and Ranking officers who have a supervisory role in a police department. This category also includes agency heads of Corporate Security and Police Academies . These individuals must share a mutuality of interests with the Association and its membership, enabling them access to information from the Association that is regularly provided to Active Members. Affiliate members may attend the Association’s Annual Meeting at the invitation of the Executive Board and under no circumstances shall such members have or exercise the privilege of voting, either by voice or ballot, on Association business. For the full by-laws regarding membership, please visit our website at www.pachiefs.org.

Date of Birth _______________ Phone _________________ Have you ever been convicted by a Court of Record of the commission of a felony or misdemeanor? Y or N

If yes, explain on a separate sheet of paper and attach to application form.

Signature of Applicant: ______________________________________________________

MAIL TOTAL FEE AND THIS FORM TO: PA Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 For office use: Check Amount & No. ______________ Date _______________________

54

When storage is more than just a solution.

Datum’s line of heavy-duty steel weapon racks and lockers offer the customizable, secure storage you need when readiness and efficiency matter most.

• Durable, heavy-duty steel construction • Customizable to weapons, gear, and evidence • Made in the USA since 1968 • Exclusive Lifetime Product Warranty

PROUD SPONSOR

bydatum.com | 800.828.8018 | sales@datumstorage.com

Most training is good training; however, training developed specifically for YOUR Department and training that reflects YOUR policies and YOUR values is what separates most training from great training; it’s what separates good departments from great departments. At The Rodgers Group (TRG), this is the standard we hold ourselves to, and the standard your Department will be held to.

Every year, departments spend thousands of dollars on cookie cutter training that results in little to no performance improvement. Training by The Rodgers Group is developed specifically for your agency by MPOETC-certified instructors to withstand the rigors of an academic review and ensure a demonstrated knowledge transfer. Our trainings are delivered to your agency through your Department’s site, which means it can be completed any time, reducing training expenses and enhancing scheduling flexibility.

DON’T SETTLE FOR GOOD.

One Team, One Mission: Committed to Public Safety Professionalism.

To learn more about The Rodgers Group and how we can assist your agency meet its training goals, please visit our website at www.RodgersGroupLLC.com or email us at Info@RodgersGroupLLC.com.