In 2022, the General Assembly, acting with significant input from the law enforcement community, the Municipal Association of SC and other stakeholders, passed Act 218. This legislation codified many law enforcement standards statewide and became part of an ongoing effort to improve best practices and address the risk management needs of police departments.
The law updated and mandated a set of minimum standards that all law enforcement agencies must adopt and implement. The new standards, developed by the SC Law Enforcement Training Council, took effect at the beginning of 2023. Departments may establish additional standards that are more restrictive, but not less restrictive.
Act 218 established a Compliance Division within the Training Council that will use significant enforcement mechanisms for departments that have not adopted the minimum standards. Penalties include fines of up to $1,000 per violation per day. The Training Council may also "hold in abeyance," or temporarily suspend, the certification of every officer working for a department.
The Association's Risk Management Services drafted model policies for each of the standards, available for use by all cities and towns. Those departments that are not SC Municipal Insurance Trust or SC Municipal Insurance and Risk Financing Fund members should reach out to the SC Criminal Justice Academy for guidance on policy questions.
This article is the first in a series looking at each of the model policies, beginning with the "Response to Active Resistance" the "Response to Active Resistance Investigations" policies.
Use of Force and Response to Active Resistance
The policy asserts that the department will protect residents and respect the rights of suspects while balancing these intentions with the need to keep officers safe in circumstances where they must use force to bring an incident under control.
The policy asserts that "reasonable force is only that force which is necessary to accomplish lawful objectives. All uses of force must be objectively reasonable. The department and all officers recognize that the sanctity of human life serves as the guiding principle in use of force decisions."
The policy outlines force options that officers may use in appropriate situations, ranging from command presence — evoking authority through the officer's uniform and appearance — and verbal commands. Beyond these steps, there is "soft empty hand control," or directing the person's movement using hands; to chemical sprays; electronic control devices such as stun guns; "hard hand control," which involves punches and physical strikes; impact weapons such as batons; and canines to bite and hold a suspect.
Deadly force, according to the policy, can be used "only when the officer reasonably believes that the action is in defense of human life, including the officer's own life, or in defense of any person in imminent danger of serious physical injury."
The policy states that using a chokehold restricting airflow or a carotid hold restricting blood flow is allowed only in cases where the use of deadly force is justified — a specific provision of Act 218. The policy also requires ongoing training for the use of chokeholds and carotid holds.
A "duty to intervene" section requires officers who observe clearly unreasonable use of force to intervene when they can do so safely. Officers must report unreasonable use of force. These policy elements are mandatory under Act 218.
Response to Active Resistance Investigations
This policy requires "an accurate, thorough, fair and impartial investigation of an officer-involved death, or serious bodily injury incident."
It explains the duties of the first uninvolved officer to respond to a scene, those of the on-scene supervisor. It also requires notifying numerous officials of an incident, including the police chief, the deputy chief, investigators and any assistant law enforcement officers, any psychological or peer support personnel, and the representative of the involved officer, if requested.
Learn more about the policies online.