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Subchapter 001: COMPACT
§ 1951. Purposes—Article I
The purposes of this Compact are to:
1. Provide close and effective cooperation and assistance in detecting and apprehending
those engaged in organized criminal activities;
2. Establish and maintain a central criminal intelligence bureau to gather, evaluate
and disseminate to the appropriate law enforcement officers of the party states information
concerning organized crime, its leaders and their associates;
3. Provide mutual aid and assistance in the event of police emergencies, and to provide
for the powers, duties, rights, privileges and immunities of police personnel when
rendering such aid. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
§ 1952. Entry into force and withdrawal—Article II
(a) This Compact shall enter into force when enacted into law by any three of the states
of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter,
this Compact shall become effective as to any other of the aforementioned states upon
its enactment thereof.
(b) Any party state may withdraw from this Compact by enacting a statute repealing the
same, but no such withdrawal shall take effect until one year after the governor of
the withdrawing state has given notice in writing of the withdrawal to the governors
of all other party states. No withdrawal shall affect any liability already incurred
by or chargeable to a party state prior to the time of such withdrawal, and any records,
files or information obtained by officers or employees of a withdrawing state shall
continue to be kept, used and disposed of only in such manner as is consistent with
this Compact and any rules or regulations pursuant thereto. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
§ 1953. The Conference—Article III
(a) There is hereby established the “New England State Police Administrators’ Conference,”
hereinafter called the “Conference,” to be composed of the administrative head of
the state police department of each party state.
(b) If authorized by the laws of his or her party state, the administrative head of the
state police department of a party state may provide for the discharge of his duties
and the performance of his or her functions on the Conference, for periods none of
which shall exceed 15 days, by an alternate. No such alternate shall be entitled to
serve unless notification of his or her identity and appointment shall have been given
to the Conference in such form as the Conference may require.
(c) An alternate serving pursuant to subdivision (b) of this article shall be selected
only from among the officers and employees of the state police department, the head
of which such alternate is to represent.
(d) The members of the Conference shall be entitled to one vote each. No action of the
Conference shall be binding unless taken at a meeting at which a majority of the total
number of votes of the Conference are cast in favor thereof. Action of the Conference
shall be only at a meeting at which a majority of the members of the Conference, or
their alternates, are present.
(e) The Conference shall have a seal.
(f) The Conference shall elect annually, from among its members, a chair, (who shall not
be eligible to succeed himself or herself), a vice chair and treasurer. The Conference
shall appoint an executive secretary and fix his or her duties and compensation.
Such executive secretary shall serve at the pleasure of the Conference, and together
with the treasurer shall be bonded in such amount as the Conference shall determine.
The executive secretary also shall serve as general secretary of the Conference.
(g) Irrespective of the civil service, personnel or other merit system laws of any of
the party states, the executive secretary, subject to the direction of the Conference,
shall appoint, remove or discharge such personnel as may be necessary for the performance
of the Conference functions, and shall fix the duties and compensation of such personnel.
(h) The Conference may establish and maintain independently, or in conjunction with any
one or more of the party states, a suitable retirement system for its full time employees.
Employees of the Conference shall be eligible for Social Security coverage in respect
of old age and survivor’s insurance provided that the Conference takes such steps
as may be necessary pursuant to the laws of the United States, to participate in such
program of insurance as a governmental agency or unit. The Conference may establish
and maintain or participate in such additional programs of employee benefits as may
be appropriate. Employment by the Conference of a retired officer or employee of
a party state shall not affect the pension or other retirement-connected benefits
paid to such officer or employee by a party state.
(i) The Conference may borrow, accept or contract for the services of personnel from any
party state, the United States, or any subdivision or agency of the aforementioned
governments, or from any agency of two or more of the party states or their subdivisions.
(j) The Conference may accept for any of its purposes and functions under this Compact
any and all donations, grants of money, equipment, supplies, materials and services,
conditional or otherwise, from any state, the United States, or any other governmental
agency, or from any person, firm or corporation, and may receive, utilize and dispose
of the same. The Conference shall publish in its annual report the terms, conditions,
character and amount of any resources accepted by it pursuant hereto together with
the identity of the donor.
(k) The Conference may establish and maintain such facilities as may be necessary for
the transacting of its business. The Conference may acquire, hold and convey real
and personal property and any interest therein.
(l) The Conference shall adopt bylaws for the conduct of its business and shall have the
power to amend and rescind these bylaws. The Conference shall publish its bylaws
in convenient form and shall file a copy thereof and a copy of any amendment thereto,
with the appropriate agency or officer in each of the party states. The bylaws shall
provide for appropriate notice of the Conference members of all Conference meetings.
(m) [Repealed.] (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968; amended 2003, No. 122 (Adj. Sess.), § 294v.)
§ 1954. Conference powers—Article IV
The Conference shall have power to:
(a) Establish and operate a New England criminal intelligence bureau, hereinafter called
“the bureau,” in which shall be received, assembled and kept case histories, records,
data, personal dossiers and other information concerning persons engaged or otherwise
associated with organized crime.
(b) Consider and recommend means of identifying leaders and emerging leaders of organized
crime and their associates.
(c) Facilitate mutual assistance among the state police of the party states pursuant to
article VII of this Compact.
(d) Formulate procedures for claims and reimbursements, pursuant to article VII.
(e) Promote cooperation in law enforcement and make recommendations to the party states
and other appropriate law enforcement authorities for the improvement of such cooperation.
(f) Do all things which may be necessary and incidental to the exercise of the foregoing
powers. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
§ 1955. Disposition of records and information—Article V
The bureau established and operated pursuant to article IV(a) of this Compact is hereby
designated and recognized as the instrument for the performance of a central criminal
intelligence service to the state police departments of the party states. The files,
records, data and other information of the bureau and, when made pursuant to the bylaws
of the Conference, any copies thereof shall be available only to duly designated officers
and employees of the state police departments of the party states acting within the
scope of their official duty. In the possession of the aforesaid officers and employees,
such records, data, and other information shall be subject to use and disposition
in the same manner and pursuant to the same laws, rules and regulations applicable
to similar records, data and information of the officer’s or employee’s agency and
the provisions of this Compact. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
§ 1956. Additional meetings and services—Article VI
The members of the Conference from any two or more party states, upon notice to the
chairman as to the time and purpose of the meeting, may meet as a section for the
discussion of problems common to their states. Any two or more party states may designate
the Conference as a joint agency to maintain for them such additional common services
as they may deem desirable for combating organized crime. Except in those cases where
all party states join in such designation for common services, the representative
of any group of such designating states in the Conference shall constitute a separate
section of such Conference for the performance of the common service or services so
designated provided that, if any additional expense is involved, the state so acting
shall provide the necessary funds for this purpose. The creation of such a section
or joint agency shall not affect the privileges, powers, responsibilities or duties
of the states participating therein as embodied in the other articles of this Compact. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
§ 1957. Mutual aid—Article VII
(a) As used in this article:
1. “Emergency” means an occurrence or condition, temporary in nature, in which the state
police department of a party state is, or may reasonably be expected to be, unable
to cope with substantial and imminent danger to the public safety, and in which the
cooperation of or aid from local police forces within the state is, or may reasonably
be expected to be insufficient. Also “emergency” shall mean a situation in which
an investigation of an aspect of organized crime or events connected with organized
crime require augmentation, for a limited time, of the investigative personnel of
the state police department from without the state.
2. “Requesting state” means the state whose state police department requests assistance
in coping with an emergency.
3. “Responding state” means the state furnishing aid, or requested to furnish aid, pursuant
to this article.
(b) In case of emergency, upon the request of the administrative head of the state police
department of a party state, the administrative head of the state police department
of each responding state shall order such part of his state police forces as he, in
his discretion, may find necessary to aid the state police forces of the requesting
state in order to carry out the purposes set forth in this Compact. In such case,
it shall be the duty of the administrative head of the state police department of
each responding state to issue the necessary orders for such use of state police forces
of his state without the borders of his state, and to direct such forces to place
themselves under the operational control of the administrative head of the state police
department of the requesting state.
(c) The administrative head of the state police department of any party state, in his
discretion, may withhold or recall the police forces of his state, or any part or
any member thereof, serving without its borders.
(d) Whenever any of the state police forces of any party state are engaged outside their
own state in carrying out the purposes of this Compact, the individual members so
engaged shall have the same powers, duties, rights, privileges and immunities as members
of the state police department of the state in which they are engaged, but, in any
event, a requesting state shall save harmless any member of a responding state police
department serving within its borders for any act or acts done by him in the performance
of his duty while engaged in carrying out the purposes of this Compact.
(e) All liability that may arise under the laws of the requesting state or under the laws
of the responding state or under the laws of a third state on account of or in connection
with a request for aid shall be assumed and borne by the requesting state.
(f) Any responding state rendering aid pursuant to this Compact shall be reimbursed by
the requesting state for any loss or damage to, or expense incurred in the operation
of, any equipment answering a request for aid, and for the cost of the materials,
transportation and maintenance of state police personnel and equipment incurred in
connection with such request; provided, that nothing herein contained shall prevent
any responding state from assuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts and manner, as if they were on
duty within their state, for the pay and allowances of the personnel of its state
police department while engaged without the state pursuant to this Compact and while
going to and returning from such duty pursuant to this Compact.
(h) Each party state providing for the payment of compensation and death benefits to injured
members and the representatives of deceased members of its state police department
in case such members sustain injuries or are killed within their own state shall provide
for the payment of compensation and death benefits in the same manner and on the same
terms in case such members sustain injury or are killed while rendering aid pursuant
to this Compact. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
§ 1958. Finance—Article VIII
(a) The Conference shall submit to the governor or designated officer or officers of each
party state a budget of its estimated expenditures for such period as may be required
by the laws of that party state for presentation to the legislature thereof.
(b) Each of the Conference’s budgets of estimated expenditures shall contain specific
recommendations of the amount or amounts to be appropriated by each of the party states.
The total amount of appropriation under any such budget shall be apportioned among
the party states as follows: one third in equal shares; one third divided among the
party states in the proportions that their populations bear to the total population
of all the party states; and one third divided among the party states in the proportions
that the major crimes committed in each party state bear to the total number of major
crimes committed in all the party states.
In determining population pursuant to this paragraph, the most recent decennial census
compiled by the United States government shall be used. Numbers of major crimes shall
be as reported in the most recent annual “Uniform Crime Report” compiled by the Federal
Bureau of Investigation of the United States Department of Justice, or by any agency
which may assume responsibility for such compilation in the place of such Bureau.
In the event that any source of information required to be used for the purpose of
this paragraph shall be discontinued, the Conference shall make its calculations on
the basis of the best alternative sources of information and shall identify the sources
used.
(c) The Conference shall not pledge the credit of any party state. The Conference may
meet any of its obligations in whole or in part with funds available to it under article
III(j) of this Compact, provided that the Conference takes specific action setting
aside such funds prior to incurring any obligation to be met in whole or in part in
such manner. Except where the Conference makes use of funds available to it under
article III(j) hereof, the Conference shall not incur any obligation prior to the
allotment of funds by the party states adequate to meet the same.
(d) The Conference shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Conference shall be subject to the audit and accounting
procedures established under its rules. However, all receipts and disbursements of
funds handled by the Conference shall be audited yearly by a qualified public accountant
and the report of the audit shall be included in and become part of the annual report
of the Conference.
(e) The accounts of the Conference shall be open at any reasonable time for inspection
by duly constituted officers of the party states and any persons authorized by the
Conference.
(f) Nothing contained herein shall be construed to prevent Conference compliance with
laws relating to audit or inspection of accounts by or on behalf of any government
contributing to the support of the Conference. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
§ 1959. Construction and severability—Article IX
This Compact shall be liberally construed so as to effectuate the purpose thereof.
The provisions of this Compact shall be severable and if any phrase, clause, sentence
or provision of this Compact is declared to be contrary to the constitution of any
state or the United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, validity of the remainder of this Compact
and the applicability thereof to any government, agency, person or circumstance shall
not be affected thereby. If this Compact shall be held contrary to the constitution
of any state participating herein, the Compact shall remain in full force and effect
as to the remaining party states and in full force and effect as to the state affected
as to all severable matters. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)