Some may be interested in the differences and similarities between Constables and Reserve deputies. While both are volunteer law enforcement officers recognized by the South Carolina code of law, there are significant differences. For the purpose of comparison, the Constables are Group III (Basic or Advanced).
A comparison of each volunteer law enforcement credential is presented. The two primary sources of this comparison information are the 2023 revision of the Administrative Guide issued by the South Carolina Criminal Justice Academy (SCCJA) for South Carolina Reserve Officer Training Program, and the July 2021 version of the South Carolina State Constable Program Policy and Procedure issued by SLED. Some information is based on experience and expectations. Subjects/Issues are presented in alphabetical order.
| Subject/Issue | Constable | Reserve |
|---|---|---|
| Ammunition | Constables provide all their own practice and duty ammunition. Opportunity to choose. | Agency provides duty and some practice ammunition. |
| Arrests | Per Policy, Advanced may issue Uniform Traffic Tickets (UTT) with agency approval. Advanced who generate criminal charges must cooperate fully in the disposition of those charges, including cooperation as a witness and appearances before investigative bodies and courts. Basic are not approved to issue UTT. | Arrests may be made per agency policy. |
| Baton | SLED training & annual recertification required to carry. Baton purchased by Constable. Opportunity to choose. | Agency training & annual recertification required to carry. Baton issued by agency. Some agencies are not using batons anymore. |
| Body worn camera | Agency camera may be worn at agency discretion. | Issued by agency. |
| Bullet proof vest | All gear is purchased by the Constable and must meet uniform requirements. Opportunity to choose. | All uniforms and components are issued by the agency. |
| Compensation | Constables do not receive any compensation for any service. | Reserves may receive compensation for working certain special events. Work performed for compensation must be in excess of the minimum logged service time required by code of law Section 23-28-70. |
| Concealed carry (off-duty) | Per SC state law section 16-23-20, Constables are exempt from state concealed carry restrictions just like any other LEO. | Per SC state law section 16-23-20, Reserves are exempt from state concealed carry restrictions just like any other LEO. |
| Duty time | Consists of: 1) routine patrol, 2) special events, 3) administrative duties at law enforcement agencies, 4) training attended with local agency law enforcement officers, 5) annual training, and 6) commuting to and from duty. Constable tracks own duty time and files quarterly report with SLED. Great flexibility and opportunity. | Consists of: 1) routine patrol and response activities, 2) special events (non-paid), and administrative duties at law enforcement agencies. Duty time does NOT consist of: 1) training (monthly, annual, etc.), 2) commuting to and from duty, 3) or working in a paid non-law enforcement position, special events when paid, or at reserve officer’s regular employment. |
| Duty weapon | SLED training & annual qualification required to carry. Weapon purchased by Constable. Off-duty carry (concealed) allowed per state law. Opportunity to choose. | Agency training & annual qualification required to carry. Weapon issued by agency. Off-duty carry (concealed) allowed per state law, but may be restricted by agency policy. |
| Electronic control device (Taser) | Per SLED policy, Constables are not allowed to carry. | Issued by agency. Agency Training & qualification required. |
| Handcuffs | Constables provide their own handcuffs. Opportunity to choose. | Handcuffs may be provided by the agency. |
| LEO apparel (off-duty) | State Constables are not authorized to wear a uniform, or identifiable parts of a uniform, such as a hat, shirt, jacket, or uniform accessories, except as described herein, and only when working assignments approved by SLED, or when attending official meetings and functions of State Constable associations, or official training. | Reserves are required to follow agency policies. No further restrictions are applied. |
| Liability & Worker’s compensation | State Constables performing any law enforcement activity while not affirmatively covered by a law enforcement agency do not have Worker’s Compensation or tort liability insurance coverage and are solely and individually liable and responsible for injuries and damages to themselves, and for torts committed against others. | Liability is not addressed in the program. Per state law 23-28-110, Workers’ compensation benefits may be provided for reserves by the governing body in the same manner as benefits are provided for full-time officers. |
| Meeting time | Meeting time counts towards minimum required service time. Meetings may include, but are not limited to: monthly Constable association meetings, agency meetings to discuss/plan work, etc. | Meeting time is not specifically addressed in program. |
| Minimum hours | Advanced: minimum of 240 hours per year. Basic: minimum of 120 hours per year. No restrictions on hours per month or quarter. Quarterly report of hours to SLED required. Great flexibility. | Minimum 240 hours per year. Required service time of 20 hours each month or 60 hours each quarter. |
| OC spray | SLED training & annual recertification required to carry. OC spray purchased by Constable. Opportunity to choose. | Agency training & annual recertification required to carry. OC spray issued by agency. |
| Patrol rifle | Per SLED policy, Constables are not allowed to carry. | Agency training & annual qualification required to carry. Weapon issued by agency. |
| Patrol vehicle | Basic are not allowed to operate LE vehicle on patrol. Advanced may be allowed to operate LE vehicle on patrol, if approved by agency. Basic & Advanced may operate LE vehicle for “administrative” purposes (e.g., relocate, repair shop). | EVO training is required. After solo qualified, Reserve may check out and operate patrol vehicle without further restrictions. Reserves may be issued a patrol vehicle per agency policy and availability. |
| Personal vehicle | Constables are not allowed to have blue lights on personal vehicle. | Blue lights on personal vehicle(s) falls under agency policy. |
| Radio | Constables are not normally issued an agency radio. Instead, an “extra” radio is borrowed while on patrol. | Radio is issued by the agency. |
| Regulator | Constables are regulated by SLED. | Reserves are regulated (first) by the agency. The reserve officer is appointed by and serves at the pleasure of the agency head. |
| SCCJA ACADIS account | Constables are not allowed to have/access an ACADIS account. | Reserves may be issued an ACADIS account. |
| Schedule | Constables must coordinate their service time with a full-time class 1 officer, especially for patrol activities. The contact officer is usually the shift sergeant. Opportunity for greater personal relationships. | Reserves must coordinate their service time per agency policy. This may offer more flexible options. |
| Shotgun | After qualification, Constables may carry per agency policy. Shotgun and ammunition is purchased by the Constable. Opportunity to choose. | Agency training & annual qualification required to carry. Weapon issued by agency. Some agencies are not using shotguns anymore. |
| Special events | Basic and Advanced may work special events and count the time towards the minimum required service time. SLED Policy is less restrictive on allowed activities for special events than for patrol. | Reserves may work special events. If compensated, time does not count towards the minimum required service time. Must have completed minimum service time to be eligible for compensation. |
| Tax deduction ($3,000) | Basic and Advanced may take the state tax deduction. | Reserves may take the state tax deduction. |
| Training time | All law enforcement training counts towards minimum required service time. | No training counts towards minimum required service time— even the required monthly training or annual inservice. |
| Travel time | Travel time, to and from, an agency counts towards minimum required service time. | No travel time counts towards minimum required service time. |
| Undercover | Constables are prohibited from performing undercover work of any kind, making any type of undercover narcotics or alcohol purchases, or performing law enforcement duties in civilian clothing except as specified within the Policy. | Reserves are required to follow agency policies. No further restrictions are applied. |
| Uniform | All uniforms and components are purchased by the Constable and must meet uniform requirements. Opportunity to choose. | Uniforms and components are issued by the agency. |
| Work Location | Constables may assist any LE agency in SC that will request their assistance (Ride List issued by SLED). Constable jurisdiction is state-wide, but limited to the agency assisted at the time of assistance. State-wide opportunities to assist multiple agencies may provide numerous broad experiences and is a unique benefit. | Reserves are limited to the one agency and that jurisdiction at all times. |
| Work Location | Constables may assist any LE agency in SC that will request their assistance (Ride List issued by SLED). Constable jurisdiction is state-wide, but limited to the agency assisted at the time. | Reserves are limited to the one agency and that jurisdiction at all times. |
In the comparison table above, it is important to note the opportunities and flexibility afforded to Constables. This is particularly apparent when comparing equipment common to the profession (e.g., firearms, handcuffs, baton, OC spray, bullet proof vest, uniform, etc.). It is tempting to hear that something is free because it is issued by an agency. There is nothing free. Anything issued by an agency comes with some set of expectations or firm requirements. At a minimum, anything issued by an agency must be returned to the agency upon leaving the agency or upon request. On the other hand, a Constable that purchases their own equipment not only retains that equipment, but has the opportunity to select the items that match their individual preferences (while within SLED policy limitations). The limited selection, expectations, and requirements of issued equipment may solicit reference to the familiar concept that “I can’t afford free.”
Flexibility is also significant in several of the subjects/issues compared. For example, Constables have great flexibility in terms of the hours credited towards the minimum required, and which agencies they assist. Thus, the opportunities and flexibility afforded to Constables may be more valuable than what is represented by a dollar value.