Act 218 took effect in 2023, requiring all law enforcement agencies to adopt and implement a set of minimum standards. The law allows departments to establish additional standards that are more restrictive.
The Municipal Association’s Risk Management Services drafted model policies for each of the standards, available for use by all cities and towns. Departments that are not SC Municipal Insurance Trust or SC Municipal Insurance and Risk Financing Fund members should reach out to the SC Criminal Justice Academy for policy questions.
The third model policy on the list is the “Duty to Intervene.” The policy is based on the statement that a “law enforcement officer has an affirmative duty to intervene on behalf of a citizen whose constitutional rights are being violated in his or her presence by other officers.”
The policy requires officers to act to prevent or stop any of these things:
- The unreasonable use of force.
- Any act that is unethical.
- Any act that violates state or federal law, ordinance or agency policy. This can include excessive force, theft, fraud, inappropriate language, sexual misconduct, harassment, falsifying documents or inappropriate behavior, among other things.
It notes that officers should intervene when they see another officer about to violate a person’s rights — first verbally, and then physically if necessary. Afterward, the officer would report the intervention to the supervisor. If physical intervention was necessary, the officer will make a written report of the intervention within 24 hours.
Once supervisors are aware of the situation, the policy requires them to separate all officers involved in the incident before conducting an investigation. After determining whether an officer’s actions took place that would constitute misconduct, unethical behavior or potential criminal conduct, the supervisor creates a report on the event.
Learn more about Act 218 model policies.