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Full text of "Report of the Special House Committee investigating the policies and practices of the Criminal Justice Training Council"

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SPECIAL HOUSE COMMITTEE 
INVEST I GA TING 
THE POLICIES AND PRACTICES 

OF THE 
CRIMINAL JUSTICE TRAINING COUNCIL 



Christopher J. Hodgkins 

Chairman , Special House 
Committee 






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Since it was established under the General Laws in 1964, the 
intended role of the Criminal Justice Training Council has been 
to provide a legitimate and effective program for training 
of criminal justice professionals in the Commonwealth. This role 
was seriously compromised when the council became characterized 
by an administrative structure prone to mismanagement and the 
failings of individuals at all its levels. These circumstances 
led to the events of September 19, 1989 at the Edward W. Connelly 
Training Center in Agawam. 

The charge of this Special House Committee, as adopted 
by House Order 6174 of September, 1988, was to investigate and 
study the training policies and practices of the Massachusetts 
Criminal Justice Training Council. The Special Committee 
believes that its deliberations have culminated in findings 
and recommendations that will help to achieve necessary reform. 
The goal of such reform should be to establish a premium law 
enforcement program in the state that will instill the highest 
performance standards of a career in criminal justice. 

In the eulogy of Cadet Timothy M. Shepard, Bishop Joseph 
Maguire of the Springfield Diocese, said that it was perhaps Mr. 
Shepard 's role in his life to bring about the end of a police 
training program that had become so misdirected and injurious 
that tragedy was inevitable. This is the legacy that Timothy 
Shepard has left: that no physical harm ever occur again to 
a cadet, and moreso, that no one ever be killed; and that the 
policies and personnel behind past and future events of the 
Criminal Justice Training Council be held accountable. 



FINAL REPORT 



The following report and attendant legislation by the Special 
Committee to investigate and study the policies and practices 
of the Criminal Justice Training Center is being submitted in 
accordance with House Order No. 6174 of September 1988, and House 
Order No. 5017 of February 1989. 

On December 30, 1988, the Special Committee submitted to 
the Clerk of the House an interim report containing its findings 
and recommendations at that point in time. It was the feeling of 
the Special Committee then that sufficient information had been 
gathered and assimilated to offer recommendations as a guideline 
for any immediate responses to the shortcomings of the Criminal 
Justice Training Council as it continued to provide police 
training in the Commonwealth. The interim report was also 
submitted to highlight a number of deficiencies that the 
committee felt warranted either immediate attention or believed 
should be a focus for subsequent and ongoing investigations. 

At that time, the Special Committee also felt that the 
complexity of the task and the many remaining documents to be 
studied warranted a continuation of its investigation beyond the 
deadline designated by House Order 6174. House Order No. 5017, 
dated Feb. 13, 1989 authorized the Special Committee to continue 
its investigation and study until June 30, 1989. 
The incidents that prompted the appointment of the Special 
Committee occurred during the week of September 19, 1988 on the 
first day of training for the 50 police cadets of the 12th class 
of recruits to enter the Edward W. Connelly Police Training 



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■Center. The injury to several cadets was extensive and has 
been well documented. An investigative report conducted by the 
Attorney General, which included a comprehensive environmental 
analysis by the Department of Public Health, concluded that 
within a week of September 19, 1988, every trainee of that 
particular class had been suffering some degree of rhabdomyolysis 
- muscle deterioration caused by a lack of sufficient water 
intake during a regimen of rigorous physical activity. At least 
sixteen of the cadets suffered serious enough effects to require 
admittance to a hospital. One of the cadets who was hospitalized, 
Timothy M. Shepard of PittsfieJd, underwent a liver transplant 
and later died. 

At the time the Special Committee was appointed, two other 
official investigations had already commenced to look into the 
incidents at the Edward W. Connelly Police Training Center. The 
report of the Attorney General issued October 28, 1988 focused 
on the specific incidents at the Agawam academy during its first 
week of training that led to the incidents and injury to several 
of its cadets. In addition, the governor appointed a Criminal 
Justice Training Council Review Board to study the standards for 
police cadet training statewide. That board has since issued its 
report and is referred to below. 

Also, during the course of the Special Committee's 
deliberations, a Special Senate Committee was appointed to study 
the composition and management of the Massachusetts Criminal 
Justice Training Council and its curriculum and training 
procedures. The report of that committee is also referred to in 



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this document. 

From the outset, it was the stated intent of the Special 
Committee to augment these investigations and to attempt to 
bring special attention upon those deficiencies perceived to have 
special impact upon the the training programs of the council. 
To accomplish its objectives during the initial course of its 
investigation, the Special Committee met formally with the 
Attorney General and members of his staff to discuss in detail 
the progress of their report. The same was accomplished with John 
Callahan, the head of the governor's Review Board. Four members 
of the Special Committee also served on the Review Board. There 
was also a substantial exchange of communication and points 
of view between the Special Committee and Charles Barry, the 
secretary of public safety, with particular time and emphasis 
placed upon the proposals and analyses of Peter Agnes, the 
assistant secretary of public safety who served as the interim 
director of the Criminal Justice Training Council for a period of 
approximately three months. 

The deliberations with the principals above also involved 
an extensive sharing of documentation pertaining to the 
investigations and the operations of the Criminal Justice 
Training Council. A particular focus of the Special Committee was 
the study of documentation solicited from several other states 
that included descriptions, policies and philosophies of their 
criminal justice training programs. The information gathered from 
these documents provided several ideas and models for improving 
police training methods in the Commonwealth. Over 30 states 



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Responded to requests for information from the Special Committee. 

Since the issuance of its interim report, the Special 
Committee has met formally to monitor progress on its own 
investigations, deliberate upon new developments regarding the 
Criminal Justice Training Council and discuss the issuance of 
reports on the council by the Senate Select Committee and the 
Review Board appointed by the governor. As in the initial stage 
of its investigations, members of the committee held ongoing 
communications with various parties associated with the 
council's activities and with members of the other investigating 
committees. Further developments have included the indictment by 
a Suffolk County Grand Jury of Gary F. Egan, the former executive 
director of the Criminal Justice Training Council, and two others 
for mismanagement and financial and contractual irregularities. 
These indictments involve allegations to defraud the council of 
funds, are awaiting trial in Suffolk County. Also, Judge Irving 
Goldblatt of Springfield District Court has issued a report on 
his findings following an inquest into the death of Cadet Timothy 
Shepard. Both the indictments and the inquest report have been 
referred to the Attorney General for disposition as of this 
writing . 

As mentioned above, the Special Committee has taken special 
interest in the reports issued by the Senate Select Committee 
and the governor's Review Board. The Special Committee commends 
the work of those panels and recognizes them for their merit 
in striving to achieve goals common with the Special House 
Committee: to prevent the type of incidents that occurred at the 



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Edward W. Connelly Criminal Justice Training Council from ever 
reoccurring, to completely restructure an organization that was 
totally remiss in carrying out its intended task, and to provide 
a blueprint for improving criminal justice training in the 
Co mmonwealth . 

The Special Committee also recognizes that a tremendous 
amount of resources and time have been employed by the Senate 
Select Committee and the governor's Review Board, and that it 
will be unnecessary to reiterate or dwell upon all of their 
findings. Consequently, this report will largely focus upon those 
points that the Special Committee feels require special emphasis 
or need to be further addressed. The Special Committee's interim 
report, which has addressed many of the relevant topics, will 
form the basis for this document. It is the intent of the 
legislation filed by the Special Committee to incorporate and 
reflect as much as possible a common thread of findings and 
recommendations by the three panels appointed to investigate the 
policies and practices of the Criminal Justice Training Council. 

REPORT OF THE SENATE COMMITTEE 

The Special House Committee agrees with the findings of the 
Senate Select Committee and feels the Senate report offers 
innovative and substantive recommendations toward rectifying 
the inadequacies of the Criminal Justice Training Council. The 
Special Committee especially endorses the recommendation to 
utilize the campus resources and facilities of the Massachusetts 
Community Colleges, as mentioned in the Special Committee's 



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interim report and further below. However, the Special Committee 
feels that such a proposal should be developed so that it remains 
clear that the responsibility of directing criminal justice 
training lies solely with the council, as restructured, and that 
the community college's role will be to offer its facilities and 
academic resources of established, accredited criminal justice 
departments . 

The Special Committee also endorses the recommendation 
to abolish the Criminal Justice Training Council. However, 
the Special Committee feels that its own suggested makeup of 
a reduced council membership with an advisory role, within the 
context of its other recommended administrative changes, would 
result in a more representative and accountable reorganization of 
the Criminal Justice Training Council . 

The Special Committee feels that the Senate Select 
Committee's recommendation to separate and establish training of 
correctional and court-related personnel under the Department of 
Human Services has merit and warrants consideration. However, the 
Special Committee feels that the restructuring of the Criminal 
Justice Training Council can be sufficiently brought about to 
accommodate its other criminal justice training obligations. 

REPORT OF THE GOVERNOR'S REVIEW BOARD 

The report filed by the governor's Review Board is detailed and 
comprehensive, and the Special Committee commends the Review 
Board for its exhaustive efforts and contribution in shedding 
light upon the activities and policies of the Criminal Justice 



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Training Council. The Special Committee notes a consensus 
with the Review Board on several recommendations and findings. 
The Special Committee particularly supports those findings 
and recommendations in such areas as medical and physical 
pre-screening of cadets, in-service training, training and 
certification of instructors, selection process of trainees, 
development of training environment and curricula, and code of 
ethics. The Special Committee especially endorses the report's 
recommendation for psychological pre-screening of recruits 
and its unqualified dismissal of any merit in modified stress 
training . 

However, the Special Committee takes exception to the 
subsequent legislation filed by the governor in the wake of the 
report of the Review Board, H.5770. The Special Committee feels 
that adherence to the sweeping recommendations contained in 
this 209-page report warrant legislation more substantive if the 
problems and inadequacies revealed by an investigation entailing 
more than nine months are truly to be addressed . The Special 
Committee fails to see how legislation, characterized by its 
brevity and generality, sufficiently follows the wide array of 
findings and recommendations of the Review Board's report. 

Significant progress was made under the interim directorship 
of Peter Agnes of the Executive Office of Public Safety. The 
policies and reforms that were implemented under Mr. Agnes set 
the council on the road toward the establishment of meaningful 
criminal justice in the Commonwealth. However, that momentum 
must be maintained. The findings and recommendations of the 



9 - 



investigations form the basis for a thorough, comprehensive and 
necessary reform, and should be acted upon vigorously. The filing 
of H.5770 has raised a question of whether there is sufficient 
impetus to carry out these reforms. 

As the Special Committee stated in its interim report, and 
which has been further substantiated by subsequent reports, the 
most widespread indictment that has resulted from the September 
incidents at the Agawam training facility has been against the 
administration and operations of the Criminal Justice Training 
Council. Clearly, from top to bottom, the council failed in its 
most basic, primary task - to provide and oversee training for 
municipal police cadets. Other additional statutory mandates, 
such as providing training for corrections officers and other 
criminal justice personnel, were being completely ignored. An 
ag ency supported by almost $3 million in state funds was not 
delivering the goods . The Criminal Justice Training Council was 
deficient in its policies, its programs, and what became most 
apparent in the end, its accountability. At the top of the ladder 
was the 23-member council. By statute, it was only required 
to meet four times a year. Meetings were characterized by poor 
attendance. Not only was there an apparent lack of interest, 
some members did not even know they were a part of the board by 
statute. This failure of council administrators to communicate 
even the most basic information, i.e. council membership, was a 
representation of the level of operations into which the council 
had sunk. This and other failures of the council administration 
were further exacerbated by the fact that, under the current 



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statute, most of the council's members were not accountable 
to any person, agency or the public. At the bottom of the 
bureaucratic setup were the State Police implementing the 
training. As instructors delivering the end product, the State 
Police were either not receiving, or unwilling to accept, 
direction from the agency that was supposed to be in charge. 
Memos from the top administrators were not being received or 
heeded, policies were not being implemented, and in the case 
of the Agawam facility in particular, screening and training 
practices were in disarray. Although the Special Committee was 
unable to interview any of the involved State Police instructors 
because of pending litigation, there is clear indication, 
particularly from the report of the Attorney General, that the 
State Police must share the blame for the incidents that occurred 
in Sept embe r at the Agawam training facility. Circumstances 
dictate that determining the extent of any responsibility shared 
by the State Police in these incidents belongs in an impartial 
judicial setting, free from influence or bias, political or 
otherwise. An inquest into the death of Cadet Timothy Shepard, 
conducted by Judge Ira Goldblatt in Springfield District Court y 
b egan that process. Although no other issue has more acutely 
aroused public sentiment, the Special Committee recognizes that 
it is the carefu l consideration of facts and evidence, as they 
apply toward current law, that must now determine the resolution 
of this question. As of this writing, the Attorney General is 
reviewing the inquest report of Judge Goldblatt and is preparing 
for adjudication the indictments involving financial, hiring 



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and contractual irregularities, and conflict of interest in the 
operations of the council. 

The Special Committee feels that consideration of events 
and all the findings thus far of investigating committees and 
the attorney general, compels it to conclude that the Criminal 
Justice Training Council's operations were a travesty and the 
death of a cadet was a tragedy waiting to happen. Consequently , 
the Special Committee feels the Criminal Justice Training Council 
should not only be abolished, it should also be disbanded. The 
Special Committee feels that criminal justice training in the 
Commonwealth should start anew, with new policies, new programs, 
new organization and new personnel . 



The current administrative structure of the Criminal Justice 
Training Council has been proven by events to be a grossly 
inefficient system totally incapable of providing police and 
criminal justice training in the Commonwealth. Therefore, the 
Special Committee recommends that Chapter Six, Sections 116 
through 118, of the General Laws should be repealed. The Criminal 
Justice Training Council should be abolished and restructured as 
the Criminal Justice Training Commission, within the Department 
of Public Safet y. The commission would be comprised of ten 
members appointed by the governor, and the secretary of public 
safety, who shall serve as chairman. The secretary of public 
safety will work with the commission in assisting and advising 
the executive director in implementing training programs and all 
other aspects of the operation of the commission. The findings 



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and recommendations of the investigations of the council shall be 
used as a guideline for the operations of the commission, along 
with models from the criminal justice training programs of other 
states. Commission members, with a majority vote, can present 
recommendations for hiring or firing, which must be ratified 
by the secretary of public safety. Membership of the commission 
would be relegated to those with either a professional interest 
or expertise relevant to criminal justice training, and a 
capacity for constructive oversight for the commission's 
operations . 

The Special Committee recommends that members of the 
commission be drawn from the following professions: a president 
of a Massachusetts community college or a member of the Board of 
Regents of Higher Education; a police chief; a police officer, 
who may or may not be retired from police work; a district 
attorney; a county sheriff; a corrections officer, who may or may 
not be retired from corrections work; an exercise physiologist 
or physician specializing in physical fitness or sports medicine, 
and two elected municipal officials who serve in the capacity of 
a mayor or as a member of a city council or board of selectmen. 

Members of the commission would serve three-year terms, and 
would be unpaid. Meetings would be conducted monthly, with an 
agenda and under the provisions of the open meeting law. The 
meetings of the commission should be conducted openly, with 
opportunity for public comment and a forum for trainees under 
the jurisdiction of the commission to voice their opinions or 
complaints. No designees for any of the members would be allowed. 



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Members missing more than four meetings would be subject to 
dismissal by the secretary of public safety. 

The secretary of public safety, the commission's chairman, 
shall have the sole responsibility of appointing the executive 
director . 

The executive director shall have, at a minimum, an advanced 
degree in criminal justice or public administration with at least 
two years of experience in a criminal justice profession under 
the jurisdiction of the commission. The executive director 
will be responsible for implementing all aspects of training, 
management, administration and budgetary operations of the 
commission. The executive director will work with the commission 
to establish and apply minimum standards for training, screening, 
curricula, physical and psycho] ogical fitness, certification and 
qualification of instructors and evaluation of council programs. 
The executive director will coordinate his training curricula 
with the criminal justice departments of community colleges 
participating with the commission. The executive director will 
also establish an organizational chart, and present a plan to the 
commission for advertising and filling the positions under the 
newly created commission. At any point in time, the executive 
director can be removed by a majority vote of the council with 
ratification by the secretary of public safety, or by the order 
of the secretary of public safety. 

The Special Committee feels that such a reorganization would 
result in an administrative structure more representative of the 
professions for which the Criminal Justice Training Council was 



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mandated to provide training. Also, true accountability would be 
established by placing ultimate responsibility in the lap of the 
se cretary of public safety . 

During the deliberations of the Special Committee and 
its analysis of documents pertaining to training programs from 
several other states, a wide array of proposals and models have 
been suggested or studied. The Special Committee feels that the 
model in which training would be conducted within the facilities 
and accredited criminal justice departments of the Massachusetts 
Community College has the most merit. 

Therefore, the Special Committee recommends that the 
newly created Criminal Justice Training Commission place police 
cadet and other criminal justice training programs within the 
appropriate physical facilities on campuses of the Massachusetts 
Community Colleges, and integrate that training with the relevant 
academic programs of established criminal justice departments . 
To date, seven community colleges in separate geographical areas 
of the state have endorsed a proposal to participate in such a 
program. Siting the training programs at these colleges would 
provide the advantages of superior facilities and academic 
programs that are in proximity to police departments and houses 
of correction - all provided at a cost more cheaply than the 
current budget of the Criminal Justice Training Council. 

The community college system can provide the proper academic 
and training environment, and its contributions would be a 
valuable asset to the training experience of police cadets and 
other criminal justice recruits. However, such programs should 



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be recognizably separate and distinct from others, much like 
the Reserve Officer Training Corps on many campuses. Overall 
responsibility for the coordination and supervision of the 
training program and curricula would be in the hands of the 
commission. However, other courses at participating colleges that 
are outside approved criminal justice curricula could be made 
available to cadets and trainees as deemed appropriate by the 
commission, or recommended by the community college's board 
of trustees and approved by the secretary of public safety. 
The commission should work with the boards of trustees of 
participating colleges to establish a comprehensive training 
and academic program that adheres to the requirements for an 
associate's degree in criminal justice. Such a policy would 
place recruit training on track with the police career incentive 
program under Section 108L of Chapter 41 of the General Laws. 
Emphasis should also be placed upon inculcating the social 
sciences into the curricula. 

To further enhance the relevance and effectiveness of 
training provided under this model, the Special Committee 
r ecommends that the secretary of public safety, in his capacity 
as chairman of the commission, apppoint a five-member advisory 
board for each of the training facilities under the commission's 
jurisdiction . The purpose of the advisory board would be to 
advise the commission on the activities and programs of the 
training facility, and establish a liaison between the commission 
and the communities it is serving. Members of the advisory board 
of each training facility would be composed of a police chief, 



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an elected town official, a police officer, a county corrections 
officer and member from the public at large, each of whom would 
be drawn from a municipality served by the training facility. 

Considering the above model , and the fact that training 
facilities of the Criminal Justice Training Council are either 
in disrepair or woefully inadequate as a forum for this type of 
co mprehensive programming, these facilities should be abandoned . 
The Special Committee recognizes that repairs are under away in 
such facilities as the Agawam training center. The commission 
should begin a study with the division of capital planning 
and operations to find new uses for vacated buildings and the 
resolution of any outstanding leases. 

The executive director would work with the council to 
coordinate its training programs with the trustees of the 
participating community colleges. The boards of trustees would 
share rrsponsibi 1 ity in ensuring that candidates adhered to all 
standards set forth by the executive director and commission. 

Upon completion of an approved criminal justice training 
program, graduates would be required to participate in a 30-day 
probationary period during which they can exercise their official 
police duties only in the accompaniment of a regular police 
officer. Graduates would be issued certificates of completion or 
degrees upon satisfactory completion of the probationary period. 

Candidates who have not been appointed by any authority, but 
wlui meet, t he standard criteria for admittance of the commission, 
could elect to tuition into the commission's criminal justice 
training and educational program, providing vacancies exist after 



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the appointed recruits have been placed. Although no town or city 
or other authority would be obligated to hire such candidates, 
individuals motivated to seek police or other criminal justice 
work would be provided the opportunity to acquire training toward 
the attainment of their professional goal. 



The Special Committee feels that the recommendations 
set forth in its interim report, and further developed and 
embellished by the report of the governor's Review Board, provide 
a good basis from which to work in the commission's work in 
establishing a training policy and a code of ethics for trainers. 

Perhaps the most poignant impressions that are left in the 
wake of this investigation are those portrayed in the report of 
the Attorney General and in a videotape of a "First Day" class 
incorporating the concepts of modified stress training. One of 
the most glari ng deficiencies that have been revealed in the 
st udy of the Criminal Justice Training Council was the lack of 
su pervision, oversight and guidelines , written or otherwise, of 
the council in the actual training practices being carried out by 
t he State Police. Commission policy should reflect and recognize 
that it is the instructors that provide the end product - the 
training - and even the most cursory oversight should ensure 
that, at the very least, the instructors are instructed, 
qu alified and certified to pr o vide their services . Police 
instructors share responsibility for the academic, emotional, and 
physical development of trainees. Not only must instructors be 
completely knowledgeable regarding pertinent goals, objectives 



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and subject matter, they must also zealously protect the health 
and safety of each trainee who is undergoing instruction. 
Instructors serve as role models, teaching trainees how authority 
should be exercised. The pattern of behavior exhibited by 
instructors may often be emulated by trainees when they serve 
their communities. Therefore, instructors must maintain a 
professional manner at all times. Adherence to these principles 
prohibits the use of the training practice referred to as 
modified stress training, which has no place in the instruction 
of any police or other criminal justice recruit . 

Training policy of the Criminal Justice Training Commission 
should also ensure that: 

A. The safety of trainees who are under the immediate 
control and supervision of the instructors. An instructor must 
bf constantly alert to evidence? that a trainee is experiencing a 
medical, physical or emotional problem that affects performance, 
and take immediate corrective action. To ensure that instructors 
are qualified and prepared to respond efficiently, the commission 
should establish as a minimum standard that all instructors be 
certified in cardio-pulmanary resuscitation. Instructors should 
always be attentive to the following conditions. 

1. A trainee should not be denied rest, water or food 
as a punitive measure. 

2. A trainee shall not be required to continue j n 
physical activities that are beyond the individual's 
capability or capacity. 



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3. A trainee shall not be required to assume a position 
that is contrary to accepted positions beyond 
what is required to exhibit motor skills necessary 
to carry out police and other criminal justice 
functions. 
4. A trainee shall not be mistreated or physically 
abused by being intentionally struck, kicked, 
shoved, dragged or otherwise subjected to physical 
abuse. Push-ups, sit-ups, and other exercises should 
be designed to enhance physical fitness. Physical 
contact with trainees should be limited to 
situations where it is essential to demonstrate a 
required training skill or procedure, to prevent 
the occurrence of injury, or to render first aid. 
A trainee should not be the object of foul, 
abusive, profane or insulting language, except in 
role-playing situations when such language is used 
as a training device. A trainee shall not be the 
object of disparaging comments, whether humorous 
or not, with respect to the individual's race, 
religion, sex or ethnic background. 

The commission and the executive director should, according 
t o the above model, define a policy that prohibits the act of 
hazi ng f or conduct t hat end angers the physica l or men tal health 
of recruits, by any of its ins tru ctors. The penalty for viol ation 
s hould be immediate dismissal. As a prerequisite for a position 
under the commission, instructors should be informed of Chapter 



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244 of the Acts of 1989, which establishes the use of abusive and 
injurious conduct in physical exercise as a crime . 



B. The State Police should not be assigned any supervisory or 
direct role in the administrative or day-to-day activities of the 
council and its training programs. However, a member of the State 
Police can be called upon to serve as an instructor, providing 

he or she meets the minimum qualifications and standards 
for instructors established by the commission, including a 
demonstrated expertise in the field of instruction, and follows a 
code of conduct that protects the health and safety of recruits. 

C . In-service training should be established as a priority. 
The increa sin g pressures and c omplexity of police and other 
crim inal justice work require an ongoing need for training to 
meet, thoderaands of the job . Tn-service programs currently in 
progress at the Criminal Justice Training Council should be 
upgraded, made more rigorous and challenging, and modernized to 
meet the contemporary needs of criminal justice professionals. 
Comments solicited by the Special Committee from municipal 
police who enrolled in in-service training programs at the Agawam 
training facility since the Jan. 1, 1989, has indicated that 
inconsistencies remain in the quality, relevance and content 

of instruction. The Special Committee feels the results are of 
i nt oiost in pointiny out potential deficiencies of the current 
in-service training. 

D. The use of simulated role-playing, reflecting the many 



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and varied situations that confront a police officer and other 
criminal justice professionals, has become an accepted and 
effective training tool in many states. A particular advantage of 
sjmulated role-playing is that it can help to instruct trainees 
how police work does not have to be confrontational to be 
effective. The Special Committee recommends that the commission 
incorporate this method into its training regimen. 

E. In general, the commission's training policies should 
reflect the importance of choosing a career in law enforcement. 
The increasing complexity of today's society, and the growing 
stresses placed upon its order from an array of socioeconomic 
factors, require that an individual who is responsible for 
keeping that order - by protecting and serving the public - 
he responsible, principled, dedicated and both physically and 
psychologically fit. Anything less would fall short of the 
expectations of an individual whose job is to respond to the 
day-to-day emergencies and situations that confront a police 
officer . 

The Special Committee refers to the report of the governor's 
Review Board as a further model for training practices of the 
Criminal Justice Training Commission. 

It is the feeling of the Special Committee after all the 
effort and attention that has been focused upon the events at 
Agawam in September, and consideration of the findings that 
have resulted from the scrutiny of the Criminal Justice Training 
Council, certain apparent injustices remain. Those events and 



- 22 - 



findings are significant enough to justify an obligation by the 
Commonwealth to rectify these injustices. 

Therefore , the Special Committee recommends that the 
respective Ways and Means Committees approve an authorization to 
prov ide Holly Shepard, the widow of Timothy Shepard, the maximum 
annuity received by a police officer of Mr. Shepard's grade 
who has died in the line of duty . In the event of the death or 
remarriage of Holly Shepard, that annuity should continue to be 
paid to the legal guardian of the surviving child of Tim Shepard 
until the child has reached the age of eighteen, or twenty-one 
if a full-time student. Holly Shepard should also be reimbursed 
for funeral costs and any outstanding medical bills incurred by 
her husband following training at the Agawam training facility. 
In addition, the Special Committee recommends that this 
a i j t ho r i z atio n s hou Id in clude fi in ds for reimbursement to 
m unicipalities incurring medical bills that resulted from the 
in cidents at the Agawam Training Facility on the first three days 
of training in September for the twelfth class of the Edward W. 
Co nnelly Training Center. 

The Special Committee also recommends that the governor 
appoint an independent committee to investigate and pursue 
complaints issued by any former cadet of the the Criminal Justice 
Training Council, arising from any alleged inappropriate behavior 
or ha rmful tactics e mploye d b y its tr ainers and instruc t ors, 
includi ng mod if ied stress training . The investigation should 
consider complaints occurring within the last three years, or 
longer if accompanied by medical records, to the present. The 



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report should be submitted to the secretary of public safety for 
appropriate action, including compensation, if the results so 
warrant within six months to a year of the appointment of the 
independent committee. The Special Committee recognizes that an 
inquest was conducted by the District Court of Framingham into 
the death of Cadet Whitehouse at the State Police Training 
Academy in Framingham in 1985, and the results are pending. 

As a consequence of its deliberations and activities, the 
Special Committee feels it is appropriate to present the findings 
and recommendations of this report. The Special Committee hopes 
it will contribute toward establishing a sound, comprehensive and 
progressive policy for police training in the Commonwealth, and 
ensuring that the incidents in September at Agawam never occur 
again. It is the feeling of the undersigned members that those 
recommendations should be addressed in the attendant legislation. 
It is also the hope of the Special Committee that any future 
judicial proceedings into these events, if they are held, rectify 
those injustices that remain extant or unresolved. 



- 24 - 



APPENDIX A 




$lj? Qlommonmralttj of iiaaBarijuBrttB 



IN THE YEAR ONE THOUSAND NINE HUNDRED AND EIGHTY- NINE 



AN ACT ESTABLISHING THE CRIMINAL JUSTICE TRAINING COMMISSION 



Whereas, the deferred operation of this act would tend to defeat 
its purpose which is to immediately reorganize the administration 
of law enforcement and criminal justice training throughout the 
commonwealth, therefore it is hereby declared to be an emergency 
law necessary for the preservation of the public safety. 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the 
authority of the same, as follows: 

SECTION 1. 

Chapter 6 of the General Laws, as appearing in the 

1088 Official Edition, is hereby amended by striking section lib 

and inserting in place thereof the following section: -- 

Section 116. Criminal Justice Training Commission; members; 
chairman; appointments 

There shall be a Massachusetts criminal justice training 
commission, hereinafter called the commission, which shall be 
within and subject to the control of the executive office of 
public safety. The commission shall consist of the secretary of 
public safety, hereinafter called the secretary, who shall serve 
us chairman, and ten other members appointed by the governor, one 
of whom shall be a member of the board of regents of higher 

NOTE. - Use ONE side of paper ONLY. DOUBLE SPACE. Insert additional leaves, if necessary. 



education or a president of a community college having degree 
granting authority and participating in commission training 
programs, one of whom shall be a police chief who shall be 
selected from two nominees submitted by the board of directors of 
the Massachusetts Chiefs of Police Association, Inc., one of 
whom shall be a police officer who may be retired from police 
work who shall be selected from two nominees submitted from the 
board of directors of a labor organization representing municipal 
police officers, one of whom shall be a district attorney who 
shall be selected from two nominees submitted by the 
Massachusetts District Attorney Association, one of whom shall be 
a sheriff who shall be selected from two nominees by the 
Massachusetts Sheriffs Association, one of whom shall be a county 
corrections officer who may be retired from corrections work who 
shall be selected from two nominees from the board of directors 
of a labor organization representing corrections officers of the 
commonwealth, one of whom shall be a person who is licensed to 
practice medicine in the commonwealth and who has an expertise in 
sports medicine, physical fitness, or a related discipline, and 
two of whom shall be elected municipal officials serving as 
mayor, selectman, alderman, or city councillor who shall be 
selected from four nominees from the board of directors of the 
Massachusetts Municipal Association. Each member appointed by 
the Governor shall serve for a term of three years. Upon the 
expiration of the term of a member, his successor shall be 
appointed in the same manner f>>r a like term. 



The secretary in consultation with the commission shall establish 
municipal and state police training programs and facilities, 
except those established by the commissioner of public safety 
pursuant to the provisions of section nine A of chapter 
twenty-two. Such programs and facilities shall be designed and 
equipped to provide training programs required and authorized by 
law including, without limitation, recruit, in-service, 
specialized and advanced training programs. The commission shall 
also provide such other assistance as the secretary may deem 
necessary for the purposes of this section. Said secretary shall 
also approve all training programs for municipal police and other 
criminal justice professionals in accordance with the provisions 
of this section and of section ninety-six B of chapter forty-one 
and shall promulgate rules and regulations for the implementation 
thereof, relating to courses of study, attendance requirements, 
equipment, facilities, and instructor qualifications. The 
secretary shall review such rules and regulations, such courses 
of study and such qualifications of instructors annually and 
shall make such changes as he deems necessary. Said secretary 
shall distribute copies of such rules and regulations and updates 
thereof to each administrator, instructor, police officer or 
other criminal justice professional and recruit at each training 
school within the jurisdiction of the commission. No municipal 
police training school shall be approved unless it provides for 
training members of the rape prevention and prosecution unit 
established by section ninety-seven B of chapter forty-one. 



SECTION 2. Section 116A of said chapter 6, as so appearing, is 
hereby amended in lines 1 and 2 by striking the words 
"Massachusetts criminal justice training council" and inserting 
in place thereof the following words: -- 

The secretary of public safety in consultation with the criminal 
justice training commission 

SECTION 3. Said section 116A of said chapter 6, as so appearing, 
is hereby further amended in line 59 by striking the words 
"Massachusetts criminal justice training council in consultation" 
and inserting in place thereof the following words: — 

secretary of public safety in consultation with the criminal 
justice training commission and 



SECTION 4. Said section 116A of said chapter 6, as so appearing, 
is hereby further amended in line 62 by striking the words 
"Massachusetts criminal justice training council" and inserting 
in place thereof the following words: — 

criminal justice training commission 

SECTION 5. Said chapter 6, as so appearing, is hereby further 
amended by adding the following section: 



Section 116B. The secretary of public safety, in consultation 
with the commission, shall appoint an advisory board for each of 
the academies operated by the commission from a town or city 
served by the academy, one of whom shall be a police chief, one 
of whom shall be an elected town or city official, one of whom 
shall be a police officer, one of whom shall be a correctins 
officer, and one of whom shall be a member of the public at 
large, for the purpose of advising the commission on the 
operations and programs of their respective academies. 

SECTION 6. Said chapter 6, as so appearing, is hereby further 
amended by striking section 117 and inserting in place thereof 
the following section: -- 

Section 117. Meetings; compensation of members 

The commission shall meet at least nine times per annum and at 
such other times as may be requested by the chairman or upon the 
written request of at least six members of the commission. Each 
member of the commission shall serve on the commission without 
compensation but shall receive their necessary expenses incurred 
in the discharge of their official duties. The appointments of 
members of the commission absent from more than four meetings in 
any twelve month period shall be reviewed by the chairman who 
shall submit a recommendation for retention or dismissal to the 
governor . 



SECTION 7. Said chapter 6, as so appearing, is hereby further 
amended by striking section 118 and inserting in place thereof 
the following section: -- 

Section 118. Executive director for commission; qualifications 
and requirements; compensation 

The secretary of public safety shall appoint, after consultation 
with the criminal justice training commission, an executive 
director. The position of the executive director shall not be 
subject to the provisions of chapter thirty-one, nor shall the 
person serving in such position be subject to the provisions of 
section nine A of chapter thirty. Said executive director shall 
be classified Ln accordance with the provisions of chapter 
forty-five of chapter thirty and the salary therefor shall be 
determined in accordance with the provisions of section 
forty-five C of said chapter thirty. 

The executive director shall serve at the pleasure of the 
secretary of public safety; but may be removed from office by a 
majority vote of the commission with ratification by said 
secretary. The executive director shall be a person familiar 
with the principles and experienced with the methods and practice 
of criminal justice training. Any person appointed to said 
position of executive director shall have received a graduate 
degree in criminal justice or public administration from an 



accredited institution of higher learning and five years of 

management experience with a demonstrated record of achievement 

in a criminal justice profession within the jurisdiction of the 
commission . 

Said executive director may employ, subject to the approval of 
the secretary of public safety, such assistants as he deems 
necessary for the effective execution of municipal police and 
other criminal justice training. Suitable offices in the state 
house or elsewhere shall be provided for the administrative 
activities of the commission. 

SECTION 8. Said chapter 6, as so appearing, is hereby amended by 
striking section 119 and inserting in place thereof the following 
section : -- 

The secretary of public safety, in consultation with the criminal 
justice training commission and the executive director of said 
commission , 



SECTION 9. Section 18 of chapter 6A of the general laws, as so 
appearing, is hereby amended in line 10 by striking the words 
"the Massachusetts criminal justice training council" and 
inserting in place thereof the following words:— 

the Massachusetts criminal justice training commission 



SECTION 10. Section 96B of chapter 41 of the general laws, as so 
appearing, is hereby amended in lines 10 through 12, inclusive, 
by striking the words "the Massachusetts criminal justice 
training council, hereinafter referred to as the council" and 
inserting in place thereof the following words: — 

criminal justice training commission 



SECTION 11. Said section 96B of said chapter 41, as so 
appearing, is hereby further amended in lines 23, 28, 34, 35, 37, 
39 and 44 by striking the word "council" and inserting in place 
thereof the following word:-- 

commissi on 



SECTION 12. Said section 96B, as so appearing, is hereby further 
amended in lines 53 and 56 and 57 by striking the words 
"Massachusetts criminal justice training council" and inserting 
in place thereof the following word:-- 

commission 



SECTION 13. Said section 96B, as so appearing, is hereby further 
amended in line 47 by adding after the word "authority." the 
following sentence: — 

Each person who receives an appointment on a full-time basis in 
which he or she will exercise police powers in a municipal police 
department and who has successfully completed the course of study 
prescribed by the commission shall serve a probationary period of 
thirty days during which time such person shall exercise said 
police powers only when accompanied by a tenured regular 
full-time police officer. 



SECTION 14. Notwithstanding the provisions of any general or 
special law or rule to the contrary, the secretary of public 
safety, in consultation with the criminal justice training 
commission and the executive director of said commission, shall 
submit a report to the clerks of the house of representatives and 
the senate on or before July 1, 1990 on the reorganization of the 
criminal justice training council as the criminal justice 
training commission in accordance with the provisions of 
sections one through twelve of this act. Said report shall 
include, but not be limited to, the standards for qualification, 
certification and recertif ication of instructors; curricula 
including academic skills; medical and psychological prescreening 



of candidates; physical fitness training; examination and testing 
of recruits and law enforcement officers; and an in-service 
training program. 

Said report shall also include a comprehensive plan to locate and 
incorporate the training programs of the criminal justice 
training commission into the facilities of the community colleges 
of the commonwealth and to integrate the academic and training 
requirements, including at least sixteen hours of instruction in 
the social sciences, into established criminal justice 
departments or said colleges so that those requirements are 
applicable to the attainment of an associate's degree in criminal 
justice. Said plan shall be submitted in consultation with the 
Massachusetts Presidents of Community Colleges. 

Said report shall also include an organizational plan for the 
appointment of such staff personnel as the secretary of public 
safety deems necessary to fulfill the commission's 
responsibilities in accordance with provisions one through twelve 
of this act. 

Said report shall also include standards under which instructors 
shall be prohibited, from conduct that willfully or recklessly 
endangers the physical or mental health of any recruit 
participating in a commission training program. Such conduct 
shall include the denial of rest, water or food as a punitive 
measure, physical activities that are beyond an individual's 
capability, striking, kicking, shoving, or dragging, the use of 



foul , abusive or profane language except when used in 
role-playing situations, and disparaging remarks with respect to 
a trainee's race, religion, sex or ethnic background. 

The secretary of public safety, in consultation with the 
commission, shall establish a basic program for law enforcement 
and criminal justice training schools in accordance with said 
report on or before January 1, 1991. 



SECTION 15. For the purpose of fulfilling a moral obligation of 
the commonwealth and notwithstanding any other general or special 
law to the contrary, there shall be paid out of the state 
treasury to Holly Shepard an annuity equal to the difference 
between i) the benefits payable to her under section nine of 
chapter thirry-two of the General Laws on account of the death of 
her husband, Timothy M. Shepard, while a police recruit at the 
municipal police training school at Agawam, and ii) the benefits 
which would have been payable to her had said Timothy Shepard 
died under the conditions set forth in section one hundred of 
said chapter thirty-two. Such annuity shall be payable as of the 
effective date of this act. Such payments shall be made to said 
Holly Shepard in monthly installments until her death or 
remarriage, provided that the City of Pittsfield shall certify to 
the state treasurer any increase in the amount of salary which 
would have been paid to said Timothy Shepard had he continued in 
service as a police officer in the city of Pittsfield and had he 



received the maximum salary in such position. Any amounts payable 
hereunder shall be in a addition to and not exclusive of amounts 
payable to said Holly Shepard or to any other beneficiary of said 
Timothy Shepard under the provisions of said section nine of said 
chapter thirty-two. 

There shall be allowed and paid out of the state treasury, 
subject to appropriation, to the Dery Funeral Home, Inc. of 
Pittsfield a sum in full satisfaction of the bill for funeral and 
cemetery expenses of Timothy M. Shepard. No such payment shall be 
made hereunder unless a certificate has been signed and filed 
with the state treasurer by the chief executive officer of said 
Dery Funeral Home, Inc. certifying under pains and penalties of 
perjury that the amount payable hereunder represents the fair 
market value for goods and services rendered relative to said 
funeral and cemetery expenses, provided that the amounts payable 
hereunder to said Dery Funeral Home, Inc. shall be reduced by any 
amounts received by said Funeral Home from any other source on 
account of such goods and services, and said Dery Funeral Home, 
Inc. shall certify to the state treasurer under pains and 
penalties of perjury any such amounts so received, and the source 
of such payments. Any such amounts paid to said Dery Funeral 
Home, Inc. by the city of Pittsfield under the provisions of 
section one hundred G or one hundred G and one-quarter, as 
applicable, of chapter forty-one of the General Laws shall be 
reimbursed by the commonwealth to said city of Pittsfield, upon 



the filing with the state treasurer of such documentation as he 
shall require. Any such amounts paid by a member of the family of 
said Timothy M. Shepard shall be reimbursed by the commonwealth 
to such family member, upon the filing with the state treasurer 
of such documentation as he shall require. 

SECTION 16. For the purpose of fulfilling a moral obligation of 
the commonwealth, and notwithstanding any other general or 
special law to the contrary, there shall be paid out of the state 
treasury, subject to appropriation, sums in full satisfaction of 
any medical bills incurred by a cadet of the twelfth class of the 
Edward W. Connelly Training Center, or the city or town to which 
the cadet was appointed, that resulted from from participating in 
modified stress training, so-called, in September 1908 during the 
first three days of training at the Edward W. Connelly Training 
Center in Agawam. No such payment shall be made hereunder unless 
a certificate has been signed and filed with the state treasurer 
by the auditor of the town or city to which the cadet was 
appointed, certifying under pains and penalties of perjury that 
the amount payable hereunder represents the medical bills 
rendered relative to said training, provided that the amounts 
payable hereunder to said individuals, towns or cities shall be 
reduced by any amounts received from any other source. Any such 
amounts paid by said individuals, towns or cities shall be 
reimbursed by the commonwealth to such individual, town or city 
upon the filing with the state treasurer of such documentation as 
he shall require. 



APPENDIX B 




®he Commontoealtt) of Jfla&sacfjusetts! 



IN THE YEAR ONE THOUSAND NINE HUNDRED AND EIGHTY-NINE 



RESOL VE 

RESOLVE PROVIDING FOR AN INVESTIGATION AND STUDY BY A 
SPECIAL COMMISSION RELATIVE TO TRAINING CONDUCTED BY THE 

CRIMINAL JUSTICE TRAINING COUNCIL 

&egolbeb, 



RESOLVED, That a special commission to consist of 
two members of the senate, two members of the house of 
representatives, and five to be appointed by the governor, one 
of whom shall be a chief of police of a town or city, two of whom 
shall be a policeman of a town or city, and two of whom shall be 
a an elected official of a city or town serving in the capacity 
as a selectmen, alderman, city councilman or mayor, is hereby 
established for the purpose of making an investigation and study 
relative to determining the validity of any complaints issued by 
a former cadet of the Criminal Justice Training Council arising 
from any alleged inappropriate behavior or harmful tactics 
employed by the council's trainers or instructors since Jan. 1, 
1985 and resulting in the former cadet leaving a training academy 
of the council before the completion of a training program. 

Said commission will further study and determine the 
conditions under which such former cadets may be reinstated 

NOTE. — Use ONE side of paper ONLY. Insert additional leaves, if necessary. Dates and numbers should be written in words. 



for eligibility as a policeman or other criminal justice 
professional . 

Said commission may also request that officials of 
the commonwealth or its various subdivisions provide it with 
information it may desire to study. 

Said commission shall report to the general court the 
results of investigation and study and its recommendations, 
if any, together with drafts of legislation to carry its 
recommendations into effect, by filing the same with the clerk of 
the house of representatives on or before the first Wednesday in 
June, nineteen hundred and ninety. 



HOUSE No. 6174 



Zfft Comrnontnealty of 4Has*adm*erte 



HOUSE OF REPRESENTATIVES, September 29, 1988. 

The committee on Rules, to whom was referred the Order (filed 
by Messrs. Hodgkins of Lee, Bosley of North Adams, Guernsey of 
Williamstown and Walsh of Agawam) relative to the appointment of 
a special committee of the House to make an investigation and study 
of the policies and practices of the Massachusetts Criminal Justice 
Training Council and the police training schools under the jurisdiction 
of said council (House, No. 6174), reports that the same ought to be 
adopted. 

For the committee, 

ROBERT CORREIA. 



HOUSE — No. 6174 [September 1988] 

Zf)t Comtfumtoealtft of 4Hatf*ad)tt*etts 






In the Year One Thousand Nine Hundred and Eighty-Eight 



1 Ordered, That a special committee of the House, to consist of 

2 eleven members of the House of Representatives including three 

3 members of the minority party, be appointed by the Speaker for 

4 the purpose of making an investigation and study of the policies 

5 and practices of the Massachusetts Criminal Justice Training^ 

6 Council. 

7 Such investigation and study shall include the training and 

8 physical testing methods used at the various regional and 

9 municipal police training schools under the jurisdiction of said 

10 Council with special emphasis on the facilities and qualifications 

1 1 of instructors at the Criminal Justice Training Center located in 

12 the city known as the town of Agawam. 

13 Said committee shall report to the General Court the results 

14 of its investigation and study, and its recommendations, if any, 

15 together with drafts of legislation necessary to carry such 

16 recommendations into effect by filing the same with the Clerk of 

17 the House of Representatives on or before the thirty-first day of 

18 December, nineteen hundred and eighty-eight. 



ThU Document Hm Bmo Maud On 100% Recycled Pcpcr. 



HOUSE No. 5017 



tlfce €ommoittoeal$ of 4ltattacf)a*ett* 



HOUSE OF REPRESENTATIVES, February 13, 1989. 

The committee on Rules, to whom was referred the Order relative 
to reviving and continuing the special committee of the House estab- 
lished to make an investigation and study of the policies and prac- 
tices of the Massachusetts Criminal Justice Training Council and the 
police training school under the jurisdiction of said council (House, 
No. 5017), reports that the same ought to pass. 

For the committee, 

ROBERT CORREIA. 



HOUSE — No. 5017 [February 1989] 

tBfte Cotranonlnealtf) of 4&utta4ra**tttf 



In the Year One Thousand Nine Hundred and Eighty-Nine. 



1 Ordered, That the special committee of the House established 

2 (under House order No. 6174 of 1988) to make an investigation 

3 and study of the policies and practices of the Massachusetts 

4 Criminal Justice Training Council and the police training schools 

5 under the jurisdiction of said council, is hereby revived and 

6 continued. 

7 Said committee shall file its final report on or before June 

8 thirtieth in the current year. 



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