Interaction of Law Enforcement Officer With Person Who Exhibits Characteristics of Acquired Brain Injury, Intellectual Disability, or Developmental Disability
Interaction of Law Enforcement Officer With Person Who Exhibits Characteristics of Acquired Brain Injury, Intellectual Disability, or Developmental Disability
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Any law enforcement officer who interacts with a person who is a victim, witness, or suspect, or is otherwise stopped by a law enforcement officer in relation to an offense or violation, and who exhibits characteristics of an acquired brain injury, an intellectual disability, or a developmental disability shall make a good faith effort to immediately contact the parent or guardian of a minor, or a person's conservator regarding the interaction.
A law enforcement officer shall, upon the request of a person diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or the parent or guardian of a minor, or the person's conservator, make a good faith effort to ensure that a psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional is present at all interviews with the person. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or must be certified in special education with a concentration focused on persons with an acquired brain injury, an intellectual disability, or a developmental disability.
If the person who has an acquired brain injury, an intellectual disability, or a developmental disability, or if the parent or guardian of a minor or the person's conservator, requests the presence of a professional at an interview, except for expenses related to accommodations mandated by state or federal disability law, the person shall initially be responsible for any costs or fees charged by the professional related thereto. If the person is a victim or witness, the defendant shall reimburse the victim or witness for all expenses related to the attendance of the professional at the interview, in addition to other restitution or penalties provided by law, upon conviction related to the offense involving the victim or witness.
Failure to have a professional present at the time of the interview is not a basis for suppression of the statement or the contents of the interview or for a cause of action against the law enforcement officer or agency.
This subsection (b) applies to a person who is the victim, a suspect, or a defendant formally accused of a crime.
Each law enforcement agency shall ensure that appropriate policies are developed that implement this section and that training is provided to law enforcement officers based on such policies.
For purposes of this section:
“Acquired brain injury” means an alteration in brain function or other evidence of brain pathology; and
“Developmental disability” and “intellectual disability” have the same meanings as defined in § 33-1-101.