South Carolina § 23-23-85 - Establishment of required minimum standards for all law enforcement agencies; punitive actions.

§ 23-23-85. Establishment of required minimum standards for all law enforcement agencies; punitive actions.

(A) The council shall establish required minimum standards for all law enforcement agencies. The standards must include, but are not limited to, policies regarding:

(1) the use of force and response to resistance by law enforcement officers. The policy must establish standards limiting officers to force that is objectively reasonable based on the totality of the circumstances involved. The policy must prohibit the use of chokeholds and carotid restraints as less lethal force options;

(2) uniform vehicle pursuit standards and the use of lethal options during pursuit;

(3) an officer's duty to intervene in the actions of other observed officers;

(4) hiring and terminating practices;

(5) mandatory and uniform post basic academy field training;

(6) uniform implementation and the use of body-worn cameras;

(7) the use of "no knock" warrants;

(8) the establishment, implementation, or continuation of systems and processes for filing and investigating complaints, including anonymous complaints, against the law enforcement agency or an employee of the law enforcement agency. The council shall require law enforcement agencies to have a written directive, which must be made available to the public, that delineates how complaints can be made, the investigative process of such complaints, and a maximum timeframe for the resolution of the complaint. All substantiated complaints must be reported to the council through standardized forms as promulgated by the council; and

(9) the establishment, implementation, or continuation of an early warning system that identifies, assesses, reviews, and tracks at-risk behavior of employees and requires intervention where appropriate.

(B) For the purposes of this section, "at-risk behavior" is defined as behavior or action that increases the risk of injury to an employee or to others, that could constitute a civil rights violation, or that could result in the law enforcement agency losing public support and confidence. Examples of "at-risk behavior" shall include, but are not limited to, repeated uses of force, at-fault traffic accidents, repeated founded complaints, improper vehicle pursuits, repeated violations of agency policy or procedures, excessive use of leave, excessive Workers' Compensation Claims, or documented substandard performance.

(C) The council shall have the authority to take punitive action against any law enforcement agency that refuses to comply with standards issued pursuant to this section, including civil fines, as described in Section 23-23-100.

(D) Nothing in this section shall be construed to prevent or prohibit law enforcement agencies from adopting policies that exceed the minimum standards adopted by the council.

HISTORY: 2022 Act No. 218 (H.3050), SECTION 4, eff January 1, 2023.