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AGENDA ITEM REPORT

Title: Report on POST Use of Force Guidelines Update
REPORT PROFILE
MEETING DATE
3/2/2022
BUREAU SUBMITTING THIS REPORT
Management Counseling and Projects Bureau
RESEARCHED BY (PRINT NAME)
Brad NewMyer
REVIEWED BY (PRINT NAME)
Drew Wyant
REPORT DATE
01/18/2022
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
01/24/2022
PURPOSE
Information Only
FINANCIAL IMPACT
No

ISSUE:
This report is for information only regarding an update to the POST Use of Force Guidelines.
BACKGROUND:

Assembly Bill No. 26 (Holden) was chaptered on September 30, 2021, and became effective on January 1, 2022. The bill added new definitions and standards regarding use of force by law enforcement agencies. 

POST staff were directed to conduct a review of the legislation and update the existing Use of Force Guidelines. 

ANALYSIS:

In October 2021, POST staff established a workshop in collaboration with the original Subject Matter Expert (SME) group used to create the existing Use of Force Guidelines in 2019. The group reviewed the new legislation and provided input that was used to update the guidelines. The legislation modified California Government Code Section 7286, adding three new definitions, three new standards, and one word to an existing standard. The new definitions include “excessive force,” “intercede,” and “retaliation." The three new standards address policy requirements to address retaliation, limits on officers who train other officers after substantiated abuse of force complaints, and potential punishment for officers that fail to intercede when present during an improper use of force. An existing standard (Standard #10) had the word “immediately” added to the existing requirement to report potential excessive force to a superior officer.

The guidelines were updated and placed on the POST website on November 22, 2021. The updated guidelines included the new definitions and standards as required by law and one recommendation by the the SME group for Standard #19. 

The Use of Force Guidelines are attached. See the definitions section of the appendix for the new definitions, new Standards #18, 19 and 20, and Standard #10 with the added word.

RECOMMENDATION:
This item is presented for information only. No action is required of the Commission. 
 
ATTACHMENT(S):
Name: Type:
Use_Of_Force_Standards_Guidelines.pdf Cover Memo