Senate Bill 230 requires the Commission to create both a use of force training course, and use of force guidelines for California law enforcement agencies. 

Senate Bill 230 contains the following mandates: 

This bill would require the commission to implement a course or courses of instruction for the regular and periodic training of law enforcement officers in the use of force. The bill would require the commission to develop uniform, minimum guidelines for adoption and promulgation by California law enforcement agencies for the use of force, as specified. The bill would require law enforcement agencies to adopt and promulgate a use of force policy and would state the intent of the Legislature that each law enforcement agency adopt, promulgate, and require regular and periodic training consistent with the agency’s policy that complies with the guidelines developed under this bill.

Penal Code Section 7286(b) requires each law enforcement agency to have, effective January 1, 2021, a policy that minimally includes 20 items identified in the section. See the following:

(b) Each law enforcement agency shall, by no later than January 1, 2021, maintain a policy that provides a minimum standard on the use of force. Each agency’s policy shall include all of the following:

(1) A requirement that officers utilize deescalation techniques, crisis intervention tactics, and other alternatives to force when feasible.

(2) A requirement that an officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance.

(3) A requirement that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer.

(4) Clear and specific guidelines regarding situations in which officers may or may not draw a firearm or point a firearm at a person.

(5) A requirement that officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm.

(6) Procedures for disclosing public records in accordance with Section 832.7.

(7) Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents.

(8) A requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject.

(9) Comprehensive and specific guidelines regarding approved methods and devices available for the application of force.

(10) An explicitly stated requirement that officers carry out duties, including use of force, in a manner that is fair and unbiased.

(11) Comprehensive and specific guidelines for the application of deadly force.

(12) Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, including reporting use of force incidents to the Department of Justice in compliance with Section 12525.2.

(13) The role of supervisors in the review of use of force applications.

(14) A requirement that officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for persons injured in a use of force incident, when reasonable and safe to do so.

(15) Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency’s use of force policy by officers, investigators, and supervisors.

(16) Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.

(17) Comprehensive and specific guidelines under which the discharge of a firearm at or from a moving vehicle may or may not be permitted.

(18) Factors for evaluating and reviewing all use of force incidents.

(19) Minimum training and course titles required to meet the objectives in the use of force policy.

(20) A requirement for the regular review and updating of the policy to reflect developing practices and procedures.

And, it requires the guidelines also contain the use of force course minimum content, as follows:

(b) The course or courses of the regular basic course for law enforcement officers and the guidelines (emphasis added) shall include all of the following:

(1) Legal standards for use of force.

(2) Duty to intercede.

(3) The use of objectively reasonable force.

(4) Supervisory responsibilities.

(5) Use of force review and analysis.

(6) Guidelines for the use of deadly force.

(7) State required reporting.

(8) Deescalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence.

(9) Implicit and explicit bias and cultural competency.

(10) Skills including deescalation techniques to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues.

(11) Use of force scenario training including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot situations, and real-time force option decisionmaking.

(12) Alternatives to the use of deadly force and physical force, so that deescalation tactics and less lethal alternatives are, where reasonably feasible, part of the decisionmaking process leading up to the consideration of deadly force.

(13) Mental health and policing, including bias and stigma.

(14) Using public service, including the rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts.

In response to Senate Bill 230 and the requirements identified above, POST has done the following: 

• Selected a varied group of subject matter experts (SMEs) from both the public and private sectors to assist in the completion of the project.
• Contracted with the Northern California Regional Public Safety Training Center to provide a meeting facilitator, support staff and document writer to complete the guidelines.
• Planned one two-day hybrid meeting, with SMEs in person and online, meeting to create and publish the legislatively required use of force guidelines. The first meeting was held June 24-25, 2020.
• A second one-day Zoom platform meeting was held July 22, 2020, in hopes of completing the final review of the document. The work was not completed and a third meeting was necessary.
• The final meeting was held September 3, 2020, to complete the group review of the information in the document. 
• The technical writers are completing the final draft.

Despite significant challenges encountered by the COVID-19 emergency, POST believes the completed project will be delivered to the field by early to mid-October 2020.  Agencies will be able to use the guidelines to update their use of force policies to comply with the mandate on or before January 1, 2021.