§ 23-20-40 — Required mutual aid agreement provisions.

(A) All mutual aid agreements for law enforcement services must be in writing and include, but may not be limited to, the following: (1) a statement of the specific services to be provided; (2) specific language dealing with financial agreements between the parties; (3) specification of the records to be maintained concerning the performance of services to be provided to the agency; (4) language dealing with the duration, modification, and termination of the agreement; (5) specific language dealing with the legal contingencies for any lawsuits or the payment of damages that arise from the provided services; (6) a stipulation as to which law enforcement authority maintains control over the law enforcement provider's personnel; (7) specific arrangements for the use of equipment and facilities; and (8) specific language dealing with the processing of requests for information pursuant to the Freedom of Information Act for public safety functions performed or arising under these agreements. (B) Except as provided in subsection (C), a mutual aid agreement entered into on behalf of a law enforcement authority must be approved by the appropriate governing bodies of each concerned county, incorporated municipality, or other political subdivision of this State. Agreements entered into are executed between governing bodies, and, therefore, may last until the agreement is terminated by a participating party of the agreement. (C) An elected official whose office was created by the Constitution or by general law of this State is not required to seek approval from the elected official's governing body in order to participate in mutual aid agreements. (D) Provided the conditions and terms of the mutual aid agreements are followed, the chief executive officers of the law enforcement agencies in the concerned counties, incorporated municipalities, or other political subdivisions have the authority to send and receive such resources, including personnel, as may be needed to maintain the public peace and welfare. (E) The officers of the law enforcement provider have the same legal rights, powers, and duties to enforce the laws of this State as the law enforcement agency requesting the services.

Legislative History

HISTORY: 2000 Act No. 382, SECTION 1; 2016 Act No. 222 (H.3653), SECTION 1, eff June 3, 2016. Effect of Amendment 2016 Act No. 222, SECTION 1, rewrote the section.