Page 33 - PCPA Spring 2024 Bulletin Magazine

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SPRING 2024 BULLETIN
5 LAW ENFORCEMENT POLICY TRENDS FOR 2024
victim privacy. This underscores the importance of
reviewing how your officers handle biological evidence
and sexual assault investigation procedures.
TIP: Whether or not your state has enacted new laws
regarding the processing of sexual assault evidence,
it’s worth the time to review and update your agency’s
policies in this area.
3. Excited Delirium
All too often, patrol officers encounter subjects in mental
crisis, many exhibiting symptoms such as profuse
sweating, combativeness and the inability to follow
commands. Historically, law enforcement used the
term “excited delirium” to describe these cases, but
controversies surrounding its use prompted major medical
and psychological organizations to disavow the term. In
2023, California banned the use of “excited delirium” in
police and medical examiner reports, with other states
considering similar measures.
Encounters with highly agitated individuals — especially
those under the influence of substances — may
necessitate immediate medical intervention and restraint.
However, using outdated terminology can perpetuate
misconceptions and fuel distrust in your community.
Note that Lexipol removed “excited delirium” from
relevant policies in 2022 while maintaining guidance for
recognizing symptoms and treating such cases as medical
emergencies. Further insights can be found on the Lexipol
blog in “Excited Delirium: Understanding the Evolution
Away from a Controversial Term” and “Understanding
Excited Delirium: 4 Takeaways for Law Enforcement
Officers.”
TIP: It’s important to review policies regarding the term’s
usage, train officers in proper response and reporting, and
collaborate with medical examiners to discuss terminology
and symptoms associated with severely agitated subjects.
4. Post-Traumatic Stress
On average, a law enforcement officer will experience 188
critical events over a career. This puts officers at a high risk
for post-traumatic stress, both cumulative and associated
with a specific event. As municipalities struggle with
officer retention and skyrocketing FMLA leave, legislators
at both the state and federal level are moving to extend
protections.
At the national level, the Public Safety Officer Support
Act recently extended benefits under the Public Safety
Officers’ Benefits Program to certain public safety officers
and survivors who suffer from post-traumatic stress
disorder (PTSD) following stressful situations while on
duty. This legislation affects agency policies around line-
of-duty death and officer wellness.
On the state level, there are moves to mandate mental
health leave following a critical incident (Texas) and to
expand mental health resources to more personnel,
including retired or separated members (Utah). Addressing
wellness holistically, including post-traumatic stress, is
becoming a standard practice in law enforcement.
TIP: If your agency doesn’t yet have a wellness program
policy, you can use Lexipol’s national policy as a starting
point. Remember to incorporate state-specific mandates.
Agencies that subscribe to Lexipol’s policy management
solution receive state-specific policy guidance. Learn
more.
5. Pregnancy Protection
New federal legislation, the Pregnant Workers Fairness
Act, strengthens legal protections for employees who are
pregnant or nursing. The law mandates that employers
provide accommodations for pregnancy-related
limitations, barring undue hardship on employees. Unlike
previous laws, which require proof of an ADA-qualifying
disability for accommodation, this legislation automatically
extends coverage to any physical or mental condition
related to pregnancy or childbirth.
TIP: Agencies offering modified (“light-duty”) assignments
may need to update law enforcement policies to comply
with the new requirements. Having a clear and legally
sound modified duty policy is crucial for avoiding liability
and ensuring fair treatment.
Staying abreast of changes to legislation and best practices
poses a significant policy challenge for law enforcement
leaders. However, it's vital for legal compliance, delivering
quality service and fostering community trust.
You can read more about these topics in the Lexipol tip
sheet: “5 Policy Trends for Law Enforcement Leaders in
2024.”
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info@lexipol.com