Should the Commission approve the amendment to Regulation 1005(d)(4) to add Use of Force training as a requirement of the Perishable Skills Program (PSP)?

With the passage of SB 230 and AB 392, respectively, the California Legislature and Governor have signaled that the topic of use of force will remain a focus for California law enforcement.

Peace officers are required to complete a POST-approved academy prior to entering a POST-approved field training program. The profession of law enforcement is dynamic and ever-changing. As such, the laws, equipment, and policies concerning the use of force and available force options are fluid. There is a need for peace officers to receive continuous training to remain current in best practices and emerging strategies in relevant case law, legislative mandates, and policies related to force options.

POST staff have identified a need to amend Regulation 1005(d)(4) to add Use of Force training as a requirement of the Perishable Skills Program (PSP). 

Peace officers are expected to be professional and judicious practitioners of force options that can range from command presence and to verbal commands to the application of deadly force. There is an expectation that all peace officers maintain the ability for critical decision-making when faced with making split-second decisions in circumstances that are tense, uncertain, and rapidly evolving.

Use of force incidents have become a point of controversy in communities across the country. Numerous events over the course of the last year, such as the George Floyd case and continuing civil unrest related to a variety of issues, highlight the need for the inclusion of Use of Force as a topic in the Perishable Skills Program (PSP).

POST staff utilized Learning Domain 20 to identify minimum topics related to Use of Force for inclusion in Commission Regulation 1005(d)(4). POST participating agencies will be expected to meet this requirement during the 2021-2022 Continuing Professional Training cycle.

The Commission approved the revisions of Minimum Topics for the PSPs and the removal of Minimum Topics from Commission Procedure D-2 at the October 2020 Commission meeting. This is currently pending review and approval by the Office of Administrative Law. As such, amendments to Commission Procedure D-2 are not included in this request.

POST staff recommend the Commission approve the proposed changes to Regulation 1005(d)(4) as specified. 

If the Commission concurs, the appropriate action would be a MOTION to approve the recommended changes specified in this report.