New Hampshire Revised Statutes 106-L:19 – Law Enforcement Agencies; Duty to Adopt a Valid Internal Affairs Program
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I. Within 9 months of the effective date of this section, each law enforcement agency shall adopt an internal affairs program in order to conduct internal investigations and manage complaints regarding their agency’s law enforcement officers.
II. An internal affairs program shall include all of the following:
(a) A written policy that defines code of conduct and/or misconduct and defines the internal investigation process.
(b) A written procedure for accepting a properly filed complaint against a law enforcement officer.
(c) A written procedure to assign an investigator to conduct an investigation as determined by the written policy to determine whether an officer has committed an act or acts of misconduct.
(d) A written policy, or provisions in the applicable collective bargaining agreement, that outline for its officers the acts of misconduct enumerated in this chapter, the expectations of employment or prohibited activities of the agency, and the due process rights for its officers.
(e) Due process for the accused officer, including addressing discipline based on just cause, establishing a set range of discipline for offenses, and consideration of mitigating and aggravating circumstances.
III. The chief executive officer of every law enforcement agency in the state shall be responsible for the implementation of this section and shall file copies of all written policies required by this section with the police standards and training council.
IV. The council shall create an effective internal affairs program model policy that may be used by law enforcement agencies to meet the requirements of this section.
II. An internal affairs program shall include all of the following:
Terms Used In New Hampshire Revised Statutes 106-L:19
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) A written policy that defines code of conduct and/or misconduct and defines the internal investigation process.
(b) A written procedure for accepting a properly filed complaint against a law enforcement officer.
(c) A written procedure to assign an investigator to conduct an investigation as determined by the written policy to determine whether an officer has committed an act or acts of misconduct.
(d) A written policy, or provisions in the applicable collective bargaining agreement, that outline for its officers the acts of misconduct enumerated in this chapter, the expectations of employment or prohibited activities of the agency, and the due process rights for its officers.
(e) Due process for the accused officer, including addressing discipline based on just cause, establishing a set range of discipline for offenses, and consideration of mitigating and aggravating circumstances.
III. The chief executive officer of every law enforcement agency in the state shall be responsible for the implementation of this section and shall file copies of all written policies required by this section with the police standards and training council.
IV. The council shall create an effective internal affairs program model policy that may be used by law enforcement agencies to meet the requirements of this section.