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AG Neronha issues updated protocol for Attorney General's review of use of force by law enforcement

The first update to the protocol in over 13 years expands the scope of review beyond deadly force and custodial deaths incidents and includes review of excessive force by the police

PROVIDENCE, RI Attorney General Peter F. Neronha today issued an updated and significantly expanded protocol for the review of use of force by state and municipal law enforcement agencies. While it has been a long-standing practice for Rhode Island law enforcement agencies to report incidents of use of deadly force and custodial deaths to the Attorney General for review and investigation, under the new protocol, they must also report incidents involving alleged use of excessive force and less-than-deadly force resulting in serious bodily injury.

"Even before the tragic events of the last month, the Office had been engaged in an internal review, in consultation with Rhode Island's chiefs of police, of the existing Attorney General protocol for review of deadly force. Current events made the release of the updated protocol all the more urgent," said Attorney General Neronha. "The updated protocol is significant because it expands our review authority to allow for independent review of most police use of force incidents. Our collective goal is to identify, and hold accountable, those officers who use excessive force before it results in death, as happened in the case of George Floyd."

The Office recognized the need to update the protocol to promote greater uniformity, accountability, and impartiality in the investigation of police use-of-force incidents involving deadly force, allegations of excessive force, less-than-deadly force resulting in serious bodily injury, or custodial death. The updated protocol provides more robust guidance about how the investigation of such incidents should proceed.

Under the updated protocol, Rhode Island law enforcement agencies are required to immediately report these incidents to the Attorney General, who will then lead an independent review of the incident and make charging decisions where appropriate.

The protocol had not been updated since 2007.

"I firmly believe that the Attorney General and those in law enforcement have a responsibility to build community trust," said Attorney General Neronha. "A critical component of building that trust is to hold those officers who ignore their training, best practices, use of force policies and the law accountable."

The Attorney General's Protocol for the Review of Incidents Involving the Use of Deadly Force, Excessive Force and Custodial Deaths can be accessed here.


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