CC: LEOs. Your Input on the Detainment Timer Law

DPS only has jurisdiction over like: POST, SCFD, DPW, DOC, and POST.

They do not have jurisdiction over: FNG, DHS, DOA, DOS, FBI, etc.

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And that’s where the DoD comes in. They can work with DPS to push that directive to departments they oversee.

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DOD is not active in the IA area to my knowledge because both DHS and FNG have their own IA that are very effective.

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DHS has a very solid internal affairs, so I would be definitely okay with letting them deal with their own employees.

I am not sure about FNG’s internal affairs, but regardless they are still a child of the Department of Defense. They don’t need to have prior experience to begin establishing an oversight for such directive as they could work with the Governor and DPS to ensure it runs smooth.

At the end of it, I’m sure there is a solution as they still have a department that oversees them, it’s just a matter of how the governor, dps, and dod approaches it.

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You can fire them and remove their POST Cert for incompetence.

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We don’t have any committees rn besides CAC??? Also, to my knowledge, the DPS Sec and POST Director are on none of the Executive Committees enumerated by law, and certainly no legislative ones.

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These are valid points. I’m certainly leaning less towards a set in stone timer and more a baseline that can be ignored for probative gain, transportation, etc. But I’m still iffy on trusting the departments to handle it themselves; frankly, every LEA should have had a detainment policy in their SOP from day 1. They certainly should have had one from v2, and even more certainly as of recent events. As for allowing EB regulatory bodies discretion (DPS or DOD), also iffy but less iffy. The issue with that is even if they make policies, what stops a Governor from, in an attempt to gain political capital, curbing those efforts through his executive authority? Or what stops the DPS Sec or DOD Sec from doing it themselves for similar reasons? Unless you want to, say, give the AG power over this kinda shit and then make the AG unfireable by the Governor (like some US states), that isn’t a particularly good solution. By making set legislation that is enforceable in civil court, one can eliminate the risk of political interference; the courts are apolitical by nature and anyone can file a lawsuit, after all.

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I personally agree with Env, the real major issue is some regular LEOs. DHS/NG hasn’t really had issues with detainment problems. This is where we’ve all said together where DPS should in fact be held completely reliable. I’m not sure what they’ve have been doing recently but I sorta feel that some law should be created but not something super major but more in the less requires those who oversee certain departments to create some form of policies/directives. So far from what I’ve heard these issues have arisen from SCSO, that’s where DPS and or the county should create something. Idk if this made any sense but hope it did :rofl:

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If you plan on making a bill like this there has to be a clause for investigations, supervisor requests, awaiting others to id a suspect etc. as these can all take some time and are necessary duties when it comes to certain aspects of policing.

As for just an leo going afk for 15 minutes then yes that needs to be addressed, although as another individual said it isnt even really a widespread issue in FS.

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what stops someone from just recuffing them when the timer is up

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Checks and balances. At that point, Congress should not fear to impeach the Governor for misuse of his position.

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There was a video I saw where IO was holding on to someone for an investigation that didn’t go anywhere, started with an SCSO pulling someone over for headlights but there’s a loophole with “over 0 studs” regardless SCSO isn’t the only department that does this every one does this I’ve seen it both on and off duty.

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It’s within his Constitutional authority to mandate action or inaction by his employees. If no law requires x to occur within the EB, or prohibits it, the Governor can do what he wishes.

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Then instead of making a legislature that essentially gives criminals a much freer leash, make the law mandating the Governor to do what you are afraid that might happen.

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i recon it should be at least 7 hours tbh

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Yup I remember the pre-reforms bit, and me suggesting quite a few things. But yeah as you said, there’s still quite a bit left to finish up.

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yes (5char)
maybe only DHS CRT and IO though. maybe SS. probably not fps. theyre glorified patrol.

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The DPS Secretary and the POST Director are both in BREC (which is enumerated by law). There is also the Pardon Board which was created through a constitutional amendment.

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