SDTMA FW: NEW Requirements for Use of Force Courses. AB392, SB230, PC 835a REQUIRED BY DEC 31, 2020

Tue Dec 1 09:36:41 CST 2020

Good Morning SDTMA!

Please see the below email from POST

Brooke Amash
Training Coordinator
San Diego County Probation
10111 Carroll Canyon Rd.
San Diego, CA 92131
(858) 267-5919
Brooke.Amash at sdcounty.ca.gov<mailto:Brooke.Amash at sdcounty.ca.gov>
Mailstop: P-83

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From: Schmitt, Daniel at POST <Daniel.Schmitt at post.ca.gov>
Sent: Monday, November 30, 2020 2:22 PM
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Subject: NEW Requirements for Use of Force Courses. AB392, SB230, PC 835a REQUIRED BY DEC 31, 2020

Hello Fellow LETMA Trainers,

Last week there was a POST PASS announcement regarding the new requirements signed by the Governor regarding what is NOW also required in ANY Use of Force Course.  If you do not have a course submitted to me approval, please place ANY existing course you have which will constitute any "Use of Force" into modification and make the following updates below.  Please submit the updated courses to me for approval.  Remember there are two locations which need to be updated  (ADMIN page and ECO)

A POST PASS notice:
[POST PASS]

Use of Force Course Content Updates - AB 392, PC 835a, SB 230

Due to changes in law, regulation and directives from the POST Executive Office, any course that discusses the Use of Force (UoF) will need to be modified to ensure that the expanded course outline (ECO) contains all of the updated landmark elements to include AB 392<http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB392>, PC 835a<http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=835a&lawCode=PEN>, and SB 230<https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB230> in the discussion. Additionally, please update all Use of Force courses that you have certified in your respective agencies to update the Course description on the Course Administration Page in EDI to include the following:

  *   "This Course complies with the legislative content and mandates of AB 392, SB 230, PC835a"

POST has updated the ECO for the AB 392 course (November 2020). There is an addition at the end to include a discussion of SB 230 as it relates to agency UoF policies. The ECO on the POST website has also been updated. This course is not mandatory; however, if you have certified an AB 392 course to your agency please review the course and add the updated information.

POST staff is working through the process to identify courses potentially affected by the required updates; however, it is highly encouraged that each presenter begin the process of self-identifying and modifying these courses immediately. All UoF related course modifications should be completed by December 31, 2020. Any affected courses not modified by this date will be placed in modification by POST staff and may be suspended until the update is complete. Presenters will not be able to pull presentations or submit rosters during course modification or suspension. As an additional reminder, presenters should note in the "Comments" section of EDI why they are making a modification to the course.

For questions or additional information, please contact your Regional Consultant<https://post.ca.gov/regional-training-map>.

________________________________
©2020 Commission on Peace Officer Standards and Training, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605-1630 · (916) 227-4357 · PASSHelp at post.ca.gov<mailto:PASSHelp at post.ca.gov>

This email was sent to you by the Commission on POST's PASS system. You can unsubscribe to these emails by going to the Unsubscribe<https://account.post.ca.gov/Profile/Account/Unsubscribe?t=ADN2X91V5G1X7B> page. You can manage your email preferences by visiting the Email Preferences<https://account.post.ca.gov/Profile/Profile/EmailAddresses> page.

Please include these "bills" and PC 835a in your ECO. It is simple but will need to be added and covered during instruction.

There are only 2 components agencies and private presenters need to add to comply with the Use of Force requirement bills the Governor signed.  Please Add to your ADMIN PAGE:

  *    "This course complies with the legislative content and mandates of AB 382, SB230 and PC 835a" as the last sentence in the description on the ADMIN page..
  *   Add these in your ECO for your topics for discussion AB392, SB230 and PC 835a as topics in your legal discussions or updates on your ECO and discuss them.

  *
There are numerous courses that address use of force, so any of the applicable courses should contain the language above.  Some samples include: Active Shooter Response/Instructor course; an "Advanced Officer course;" any Arrest & Control, Baton course; any Baton Impact Weapons course; Bicycle Patrol; Boating & Safety Ops; Chemical Agents; Critical Incident Management; Crowd Control/Crowd Management; any Defensive Tactics course; K9; Diversionary Devices; De-Escalation Training; any Electronic Weapons course; any Firearms course; Internal Affairs Investigation; any Legal Update course; any Less Lethal course; etc. - pretty much any course where the officer will be involved in the decision-making process of de-escalation and UoF.

Here are examples of what each bill describes and what is required to be discussed during your training: (These are just snippets of each bill, refer to the entire bill for complete description of the bill for discussion during class)

AB 392:

AB 392 redefines the circumstances under which a homicide by a peace officer is deemed justifiable to include when the officer reasonably believes, based on the totality of the circumstances, that deadly force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or to another person, or to apprehend a fleeing person for a felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless the person is immediately apprehended.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB392
Bill Text - AB-392 Peace officers: deadly force. - California<https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB392>
This bill would redefine the circumstances under which a homicide by a peace officer is deemed justifiable to include when the officer reasonably believes, based on the totality of the circumstances, that deadly force is necessary to defend against an imminent threat of death or serious bodily injury to the officer or to another person, or to apprehend a fleeing person for a felony that ...
leginfo.legislature.ca.gov

PC 835a:

That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force." (Italics added.)  Importantly, this standard incorporates the "reasonable officer" standard, which has been in effect under federal law since Graham v. Connor.  In addition, this subdivision incorporates Graham's "totality of the circumstances" test, and requires those judging an officer's use of force do so by placing themselves in the officer's shoes at the time the officer utilized force, rather than with the benefit of infallible hindsight.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=835a.&lawCode=PEN

Law section - California<https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=835a.&lawCode=PEN>
835a. (a) The Legislature finds and declares all of the following: (1) That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.
leginfo.legislature.ca.gov

SB 230

Its the requirement of each law enforcement agency to maintain a policy that provides guidelines on the use of force, utilizing de-escalation techniques and other alternatives to force when feasible, specific guidelines for the application of deadly force, and factors for evaluating and reviewing all use of force incidents, among other things. The bill would require each agency to make their use of force policy accessible to the public. By imposing additional duties on local agencies, this bill would create a state-mandated local program.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB230

On a side note, as discussed at our LETMA group meetings, POST will place ALL courses into modification in June 2021 so they can be updated per Reg 1052 and 1053.  Since you will be updating your courses with the above info with respect to the "BILLS" I recommend also updating your ECO with your Departments Name, Course Control Number and Revision date (POST 1052 & 1053).  Also provide a PURPOSE for the training and have page numbers.

Thank you
Dan Schmitt POST
Region 10
916-215-4435
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