Legislation

* § 214-j. Critical incident policy. 1. As used in this section, the
following terms shall have the following meanings:

(a) "Critical incident" shall mean the following actions when
performed by a member or experienced by a member in the course of
official duties: (i) an action that directly causes serious physical
injury or death to another person or member; (ii) a discharge of a
firearm by a member directed at another person; (iii) a traffic accident
or incident involving a division vehicle, aircraft, or vessel that
results in serious physical injury or death; or (iv) any other incident
deemed appropriate by the superintendent or their designee.

(b) "Serious physical injury" shall mean an injury that, based on the
facts and circumstances reasonably known at the time of the incident,
appears to involve a substantial risk of death or an obvious and severe
impairment of a major bodily function, such that a reasonable person
would conclude the injury is life-threatening or significantly
life-altering, without regard to later medical findings, prognosis, or
outcome. The determination of a "serious physical injury" shall be made
by the superintendent or their designee based on the observable
conditions and available information at the time the supervisor arrives
at the scene of the critical incident, and shall not be affected by
subsequent medical evaluation or recovery. "Serious physical injury"
shall include, but not be limited to, suspected spinal cord injury or
paralysis, severe penetrating head injury, massive blood loss, or loss
of limb.

(c) "Directly involved" shall mean any member who was physically
present within the immediate proximity of a critical incident at the
time it occurred and whose direct exposure to the incident placed the
member within the immediate zone of operational engagement, regardless
of whether the member discharged a weapon or otherwise used force.

(d) "Primary member" means any directly involved member who
justifiably used deadly physical force during the critical incident, or
whose actions during the critical incident appear to be the most
immediate and substantial cause of death or serious physical injury to a
person.

2. The superintendent shall develop, maintain, and disseminate to all
members of the division of state police a critical incident paid leave
policy that provides for paid critical incident leave in accordance with
this section.

3. Such critical incident paid leave policy shall guarantee: (a) paid
critical incident leave of at least twenty calendar days for any primary
member whose official actions were the direct and proximate cause of the
death of another person; (b) paid critical incident leave of at least
ten calendar days for any other member directly involved in the critical
incident; and (c) paid critical incident leave under such other
circumstances the superintendent or their designee determines
appropriate. Such leave shall constitute a separate category of leave
and shall not count against vacation, sick, or personal leave accruals.
Such leave, where appropriate, shall be designated as family and medical
leave act and/or count against a member's workers' compensation leave
entitlement.

4. Critical incident paid leave shall begin as soon as possible after
the critical incident, provided that initial supervisory inquiries of
the involved members shall occur before leave commences. Critical
incident leave may only be delayed to ensure minimum necessary staffing
levels or protect community safety. Delays shall only be as long as
necessary to address such concerns. Upon agreement of the member and the
superintendent or their designee, the member shall be allowed to return
to duty prior to the completion of the period of critical incident
leave.

5. In any case where critical incident paid leave has been made to a
member, and it is thereafter determined that a critical incident did not
occur or that the member's actions that resulted in the serious physical
injury or death of another person were not justified, the superintendent
or their designee may order the deduction of equivalent vacation or
personal leave days and/or the withholding of future paid leave to such
member, provided that the amount of days deducted and/or withheld shall
not be more than the critical incident paid leave days that were
originally provided.

6. The superintendent shall be prohibited from taking any punitive
administrative action against any member granted critical incident leave
under this section solely on the basis of the provision of such leave
unless the leave was provided, at least in part, based upon the member's
fraud, deceit, or misrepresentation.

7. The superintendent is authorized to promulgate rules and
regulations to implement, administer, and enforce the provisions of this
section.

* NB Effective September 24, 2026