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HomeMy WebLinkAbout[08a] Police Policy Update Council Agenda Item 8(a) CITY of ST.JOSEPH g MEETING DATE: April 15,2013 AGENDA ITEM Police Policy Update SUBMITTED BY: Police Chief BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: From time to time the policy and procedures manual of the police department needs to be updated. MN POST Board may make a change or industry standards change. I have been working on updating the manual and have these new policy changes.These changes come from information generated from the International Chiefs of Police and the MN POST Board. I have also given these changes to our City Attorney. Tom has made his recommendations and they are now ready for your approval. Once they approved they will become the policy of the department. We have enclosed a copy of the new policies and a table of contents with the requested changes. Also during the update we have abolished the policies that have become outdated and are no longer needed. The Council should also discuss whether or not the policy updates need to be approved by the City Council. The policies are generally regulated by other agencies. In discussing this matter with the Sartell Police Chief,they are not approved by the Council. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Request for Council Action Fire Arms Policy Predatory Offender/Notification Policy Use of Force Policy Mace Electronic Control Weapons Policy Firearms Policy REQUESTED COUNCIL ACTION: Approve changes to policy manual decide whether or not the Council needs to review the policies provided they are reviewed by the City Attorney. This page intentionally left blank St. Joseph Police Department FIREARMS Policy 303 Effective 2013 I.PURPOSE It is the purpose of this policy to provide officers with guidelines associated with the use, maintenance, and safety of agency-authorized firearms and the qualification requirements related to them. II. POLICY It is the policy of this law enforcement agency that officers shall adhere to the requirements established herein in order to ensure the safe handling and use of firearms. III. DEFINITIONS Authorized Firearm: Any make, model, or caliber of firearm that meets this agency's designated requirements and specifications, and has been formally approved by the agency armorer and the Chief for general or individual use by sworn law enforcement personnel. This includes primary service handguns, alternate service handguns, backup handguns, shotguns, and rifles used for law enforcement purposes and any firearm carried as an off-duty weapon. Primary Service Handgun: The firearm authorized by this agency to be carried as part of the service uniform and related equipment for uniformed personnel or the authorized firearm to be carried by plainclothes officers. Backup Handgun: Any authorized handgun other than the primary service handgun that is carried in an authorized concealed manner. Firearms Qualification: Periodic testing required of officers to determine their competency to carry authorized firearms. Restricted Duty: In the context of this policy, an assignment that does not require an officer to be armed to take enforcement actions. IV. PROCEDURES A.General Provisions 1. Officers when on or off duty shall carry only authorized firearms. 2. Only ammunition that has been approved by this agency shall be used in authorized firearms. 1 3. Only sworn officers who have successfully passed firearms qualification and the use-of-force training course prescribed by this agency shall be authorized to carry a firearm. 4. The primary service handgun shall be carried in accordance with uniform and related requirements and as otherwise specified by this policy. 5. Officers shall be issued fresh duty ammunition in the specified quantity for all authorized firearms during the officer's first scheduled qualification each year. When needed in accordance with established policy, the armorer shall dispense replacements for defective or depleted ammunition. 6. Officers on special assignment and other officers with an articulable need may request written authorization to carry alternate service firearms, backup firearms, or alternate ammunition on an ongoing or periodic basis. B.Off-Duty Firearms 1. Officers may, but shall not be required to, carry an authorized firearm while off duty. But officers shall be required to carry an authorized firearm when in uniform or when operating a marked patrol vehicle whether on or off duty. 2. Backup and off-duty firearms shall be carried concealed when the officer is in plain clothes or in uniform unless a. the officer is in the workplace, and the officer's badge is prominently displayed next to the firearm; b. the officer is engaged in law enforcement actions that may reasonably require quick access to the firearm, and the officer's badge is prominently displayed near the weapon; or c. the officer is engaged in activities where it would be permissible for a citizen to carry an exposed firearm, such as in hunting or target practice. 3. When armed, whether on or off duty, officers shall carry their badge and agency identification. C.Firearms Qualifications 1. All officers authorized to carry firearms shall be required to qualify with each authorized firearm on at least a semi-annual basis. Quarterly qualification is a desirable objective. 2. All officers shall be graded on a pass or fail basis for purposes of firearms qualification. 2 3. At least once a year, all officers authorized to carry firearms shall receive and shall be required to demonstrate their understanding of the law and agency policy and procedures relating to the use of force. 4. Officers who fail to qualify with the primary service firearm or any firearm that is otherwise required for the officer's duty assignment shall be relieved of those firearms, and be subject to the following requirements: a. The Chief shall be notified and shall rom tl arrange with the p P Y arran g training coordinator for a period of formal remedial firearms training not to exceed one week in duration. Such training does not preclude an officer from engaging in any additional informal practice or training sessions that the officer may deem necessary. b. The officer shall be given additional attempts to re-qualify within a reasonable period of time. A written report shall be forwarded to the Chief of any officer who fails to re-qualify within a reasonable period of time. The report shall include the training officer's recommendations for corrective action. c. If the officer fails to qualify within a reasonable period of time he or she shall be subject to termination of employment. 5. Other firearms: any officer who fails to qualify (in accordance with Y q fY ( provisions set forth in items C.4.a. and b.) with a firearm that is not required for the officer's du ty assignment shall not be permitted to carry that firearm. The officer may remain on duty if qualified with the primary duty firearm. 6. Officers shall be required to qualify with their primary service handgun and additional firearms (as appropriate) following return to duty after a leave of absence when it reasonably appears necessary or if they have missed their qualification date. 7. All officers shall be required to qualify using additional proficiency standards established by their department or the training officer. These include but are not limited to proficiency testing at night and in reduced light situations, in combat simulation, and when using both weak and strong hands. 8. Pregnant officers shall be notified of the potential risks to the fetus associated with lead and noise toxicity during firearms qualification. Should the officer choose to qualify, the department shall take such precautionary measures reasonably possible to reduce potential contamination from these sources.1 3 D.Firearms Modifications 1. Modifications to any agency-authorized firearm require the written approval of the Chief with the written input of designated armorer. This includes but is not limited to modifications involving grips, spring kits, sights, or finishes. 2. Defective, unsafe, or unauthorized firearms shall be reported to the armorer. 3. Repairs or alterations to agency-authorized firearms shall be made only by an armorer employed or authorized by this agency. 4. Authorized firearms shall be maintained in a clean and safe operating condition and shall be inspected periodically by the Chief and or Sgt. and by the armorer annually at the time of qualification. E.Shotguns and Rifles 1. Shotguns shall be carried in a secure rack as provided in patrol vehicles, with the magazine loaded to full capacity and with no shell in the chamber. 2. Officers shall carry and use only ammunition authorized by this agency unless the Chief grants approval for an exception and the officer qualifies with that ammunition. (This includes but is not limited to rifled slugs and magnum loads.) F.Firearms Safety 1. Officers shall not carry a firearm when on or off duty if they are mentally or physically impaired. 2. Officers shall report, in writing, to their immediate supervisor any use of prescription drugs or other medication or any physical ailment or injury that they reasonably believe could impair their ability or judgment to use a firearm. 3. Officers s hall be responsible for the safe storage of their duty wea p on and any other personally owned firearms when not in their personal possession by using trigger locks, safes, gunlock boxes, or other means approved by the department armorer or range master as designated by this department. Firearms shall not be stored in patrol or personally owned vehicles except for temporary storage when at court, when other options for safekeeping are not available, or if authorized by the department. 4. All authorized firearms shall be carried in a safe and secure manner as authorized by this agency. 4 5. Removal of firearms from their holster or other carrying devices for other than authorized purposes—such as tactical use, training and qualification, inspection, or cleaning and maintenance—shall be prohibited. Any careless, flippant, or casual use or display of a firearm shall constitute grounds for discipline. 6. Firearms shall not be permitted in holding facilities, lockups, or jails of this or other law enforcement agencies. 7. Each year, during firearms qualification, the range master shall provide officers with refresher training and additional information as available - concerning firearms safety and the use-of-force policy. G.Carrying Firearms on Commercial Aircraft 1. Officers are governed by federal regulations for carrying firearms on commercial aircraft. All officers acting in these capacities shall familiarize themselves with these provisions as contained in 14 CFR § 1544.221 and related documentation. 2. All officers shall be required to complete the training program "Law Enforcement Officers Flying Armed" as required by federal law in order to carry a firearm aboard a commercial aircraft.2 3. When conducting official business that requires commercial airline travel, officers shall check their firearm in checked baggage if it is not needed while in flight to guard a prisoner or for other purposes. In these cases, officers are required by federal regulations to certify to the airline that a firearm is in the baggage and that it is unloaded. 4. When officers need to carry a firearm aboard a commercial airline for purposes of prisoner transportation or other reasons, officers shall submit a letter on agency stationery addressed to the commercial airline carrier that details the need for the officer to be armed. The letter shall be submitted to the agency chief executive or his or her designee for approval and signature. 5. When officers need to carry a firearm aboard a commercial airline for purposes of prisoner transportation or other reasons, officers shall arrive at the airport in sufficient time, or in an emergency as soon as practicable prior to departure, present the letter to the airline ticket agent together with agency badge and identification card (with full-face photograph), declare possession of a firearm, and request that the necessary security and airline personnel be notified. 6. When officers need to carry a firearm aboard a commercial airline for purposes of prisoner transportation or other reasons, officers shall request that they be notified of any other persons who are traveling armed aboard the aircraft. 5 7. When officers need to carry a firearm aboard a commercial airline for purposes of prisoner transportation or other reasons, officers should refer to this agency's policy on transporting prisoners for additional agency requirements concerning the transportation of prisoners aboard commercial aircraft. 6 St. Joseph Police Department PREDATORY OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION POLICY 704 MN STAT 243.166, 243.167, 244.10, 244.052, 244.053, and MN STAT Chapter 13 I. POLICY It is the policy of the St. Joseph Police Department to protect the public by disclosing information on predatory offenders residing in this agency's community. This agency will decide what information to disclose and who to disclose it to based on the level of danger posed by the offender, the offender's pattern of offending behavior and the needs of community members to enhance their individual and collective safety. II. DEFINITIONS A. Predatory Offender Registration and Community Notification refers to the Minnesota law that requires certain predatory offenders to register with the Minnesota Department of Public Safety Predatory Offender Unit. The law also provides for community notification about certain adult predatory offenders who have been incarcerated by the Minnesota Department of Corrections (DOC) or confined by the Minnesota Department of Human Services (OHS). B. Offender Risk Levels means the level of notification is governed by the level of risk assigned by the DOC. Three possible risk levels can be assigned to an offender. They are: • Level 1 —low risk of re-offending • Level 2— moderate risk of re-offending • Level 3—high risk of re-offending Note: Some offenders who are required to register as predatory offenders are not assigned a risk level because their sentence was completed prior to predatory offender legislation or because they have not spent time in state or federal prison. These offenders are not subject to community notification. III. REGISTRATION PROCEDURES For questions concerning predatory offender registration refer to the Bureau of Criminal Apprehension (BCA)'s Predatory Offender Registration website at www.dps.state.mn.us/bca for detailed information, or contact the Predatory Offender Unit (BCA-POR) by calling (651) 793-7070 or 1-888-234-1248. When an offender arrives to register with this agency, determine what state the offense was committed in and if the individual is required to register by reviewing the list of registrable offenses on the POR website. If the offender is required to register, contact the BCA POR to verify the offender is already registered and a DNA sample has been submitted. Page 1of4 • If the offender is already registered, complete a Change of Information Form included on the BCA's website at www.dps.state.mn.us/bca. • If the offender is not registered, complete a Predatory Offender Registration Form included on the BCA's website at www.dps.state.mn.us/bca. • If the offender is from another state, contact the state (information for each state is listed on the BCA's website at www.dps.state.mn.us/bca) and request a copy of the offender's original registration form, criminal complaint and sentencing documents. It is recommended the agency verify the address of offenders living in their community. • If the offender is not living at the registered address, contact the BCA-POR to determine if a Change of Information Form was submitted. If it was not, the offender may be charged with failure to notify authorities of a change in residence. To make this charge, contact the BCA-POR to request a prosecution packet. Submit the packet to the county attorney's office to file a formal charge. Note: It must be verified that the offender is no longer residing at his/her last address prior to submitting the prosecution packet for charging. Depending on the county attorney, formal statements may be needed from friends, co-workers, neighbors, caretakers, etc. IV. COMMUNITY NOTIFICATION PROCEDURES For questions regarding community notification or the risk level assigned to an offender contact the Risk Assessment/Community Notification Unit of the Department of Corrections (DOC RA/CN Unit)at 651-361-7340 or at notification.doc @state.mn.us. The DOC will answer questions about the notification process and agency responsibilities. The DOC is also available to assist agencies in conducting public notification meetings when an offender subject to notification moves into a law enforcement jurisdiction. Attached to this policy are examples of forms that are provided to law enforcement agencies by the DOC to assist them in performing community notifications: 1. CONFIDENTIAL- Fact Sheet- Law Enforcement Agency Use Only 2. Law Enforcement Agency Fact Sheet- Notification of Release in Minnesota-Risk Level Two 3. Law Enforcement Agency Fact Sheet- Notification of Release in Minnesota-Risk Level Three 4. Law Enforcement Fact Sheet- Health Care Facility Notification - Information on a Registered Offender Not for Distribution to Facility Residents 5. Law Enforcement Fact Sheet- Health Care Facility Notification - Information on a Registered Offender for Distribution to Facility Residents 6. VICTIM DATA- CONFIDENTIAL - For Law Enforcement Agency Use Only A. Notification Process Law enforcement agencies receive information from the BCA and DOC pertaining to the risk levels of offenders. The duty of law enforcement to provide notification depends on the risk level assigned as described below. Public notification must not be made if an offender is placed or resides in one of the DOC licensed residential facilities (halfway Page 2 of 4 houses) operated - ouses) pe ated by RS Eden, Alpha House, 180 Degrees, Damascus Way, or Bethel Work Release. Do NOT disclose any information until the law enforcement agency is notified the offender will move to a residential location. Level 1 — Information maintained by law enforcement and may be subject to limited disclosure. See attachment 1: Confidential Fact Sheet—For Law Enforcement Agency Use Only. • Mandatory disclosure o Victims who have requested disclosure • Discretionary disclosure o Other witnesses or victims o Other law enforcement agencies. Level 2— Information subject to limited disclosure for the purpose of securing institutions and protecting individuals in their care while they are on or near the premises of the institution. See attachment 2: Law Enforcement Agency Fact Sheet—Notification of Release in Minnesota—Risk Level 2. • In addition to Level 1 disclosures, the law enforcement agency may disclose information to: o Staff members of public and private educational institutions, day care establishments and establishments that primarily serve individuals likely to be victimized by the offender. o Individuals likely to be victimized by the offender. • Discretionary notification must be based on the offender's pattern of offending or victim preference as documented by DOC or DHS. Level 3— Information subject to disclosure, not only to safeguard facilities and protect the individuals they serve, but also to protect the community as a whole. See attachment 3: Law Enforcement Agency Fact Sheet—Notification of Release in Minnesota. • In addition to Level 2 disclosures, law enforcement shall disclose information to other members of the community whom the offender is likely to encounter, unless public safety would be compromised by the disclosure or a more limited disclosure is necessary to protect the identity of the victim. • A good faith effort must be made to complete the disclosure within 14 days of receiving documents from DOC. • The process of notification is determined by the agency. The current standard for a Level 3 offender is to invite the community to a public meeting and disclose the necessary information. Assistance is available from DOC RA/CN Unit. B. Health Care Facility Notification Upon notice that a registered predatory offender without a supervising agent has been admitted to a health care facility in its jurisdiction, law enforcement shall provide a fact sheet to the facility administrator with the following information: name and physical description of the offender; the offender's conviction history, including the dates of conviction; the risk level assigned to the offender, if any; and the profile of likely victims. See attachment 4: Law Enforcement Agency Fact Sheet- Health Care Facility Notification Information on a Registered Offender Not For Distribution to Facility Residents & attachment 5: Law Enforcement Agency Fact Sheet- Health Care Facility Notification Information on a Registered Offender For Distribution to Facility Residents. Page 3 of 4 C. Specialized Notifications 1. Offenders from Other States and Offenders Released from Federal Facilities Subject to Notification • If a local law enforcement agency learns that a person under its jurisdiction is subject to registration and desires consultation on whether or not the person is eligible for notification, the agency must contact the DOC. The DOC will review the governing law of the other state and, if comparable to Minnesota requirements, inform law enforcement that it may proceed with community notification in accordance with the level assigned by the other state. • If DOC determines that the governing law in the other state is not comparable, community notification by law enforcement may be made consistent with that authorized for risk level 2. • In the alternative, if a local law enforcement agency believes that a risk level assessment is needed, the agency may request an end-of-confinement review. The local law enforcement agency shall provide to the DOC necessary documents required to assess a person for a risk level. 2. Victim Notification Law enforcement agencies in the area where a predatory offender resides, expects to reside, is employed, or is regularly found shall provide victims who have requested notification with information that is relevant and necessary to protect the victim and counteract the offender's dangerousness. DOC will provide victim contact information to the law enforcement agency when there is a victim who has requested notification. See attachment 6: VICTIM DATA — CONFIDENTIAL—For Law Enforcement Agency Use Only. Law enforcement personnel may directly contact the victim. Community victim advocacy resources may also be available to assist with locating a victim and with providing notification. Assistance is also available from the DOC Victim Services staff. Law enforcement also may contact other victims or witnesses as well as other individuals who are likely to be victimized by the offender. 3. Homeless Notification Process If public notice (Level 2 or 3) is required on a registered homeless offender, that notice should include as much specificity as possible, for example "in the vicinity of ". These offenders are required to check in with local law enforcement on a weekly basis. PB Rev 01/2011 Page 4 of 4 St.Joseph Police Department USE OF FORCE AND DEADLY FORCE POLICY Section 302 MN STAT 626.8452 Updated 2013 I. POLICY It is the policy of the St. Joseph Police Department to provide officers with guidelines for the use of force and deadly force in accordance with: MN STAT 626.8452 DEADLY FORCE AND FIREARMS USE; POLICIES AND INSTRUCTION REQUIRED; MN STAT 609.06 AUTHORIZED USE OF FORCE; MN STAT 609.065 JUSTIFIABLE TAKING OF LIFE; and MN STAT 609.066 AUTHORIZED USE OF FORCE BY PEACE OFFICERS. This policy applies to all peace officers and part-time peace officers engaged in the discharge of official duties. II. DEFINITIONS A. Bodily Harm: means physical pain or injury. B. Great Bodily Harm: means bodily injury which creates a high probability of death, or which causes serious, permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. C. Deadly Force: means force used by an officer that the officer knows, or reasonably should know, creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. D. Other Than Deadly Force: means force used by an officer that does not have the purpose of causing, nor creates a substantial risk of causing, death or great bodily harm. E. Authorized Device: means a device an officer has received permission from the agency to carry and use in the discharge of that officer's duties, and for which the officer has: • obtained training in the technical, mechanical and physical aspects of the device; and • developed a knowledge and understanding of the law, rules and regulations regarding the use of such a device. Page 1 of 3 Ill. PROCEDURE A. Force Considerations In determining what force is reasonable under the circumstances, an officer should consider: • the severity of the crime at issue; • whether the suspect poses an immediate threat to the safety of the officer or others; • whether the suspect is actively resisting arrest or attempting to evade arrest by flight; and • other relevant information the officer reasonably believes to be true at the time. B. Use of Deadly Force It is the policy of this agency to accord officers discretion in the use of force to the extent permitted by Minnesota Statute. An officer is authorized to use deadly force only when the officer perceives it is necessary given the circumstances known to the officer at the time in order to: 1. protect the officer or another from apparent death or great bodily harm; 2. effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony • involving the use or threatened use of deadly force; or • if the officer believes that the person will cause death or great bodily harm if the person's apprehension is delayed. If feasible, an officer should give a verbal warning before using or attempting to use deadly force. C. Use of Other Than Deadly Force It is the policy of this agency to accord officers discretion in the use of other than deadly force to the extent permitted by Minnesota Statute. An officer is authorized to use reasonable force when the officer perceives it is necessary given the circumstances known to the officer at the time in: • effecting a lawful arrest; or • the execution of legal process; or • enforcing an order of the court; or • executing any other duty imposed upon the public officer by law; or • defense of self or another. D. General Rules Governing Use of Force 1. Before carrying a firearm all officers shall receive training and instruction with regard to the proper use of deadly force and to the agency's policies and State statutes with regard to such force. Such training and instruction shall continue on an annual basis. Page 2 of 3 2. Before carrying an authorized device all officers shall receive training and instruction in the use of the device including training as it relates to its use in deadly force and/or other than deadly force situations. Such training and instruction shall continue on an annual basis. 3. Officers will carry and use only authorized devices unless circumstances exist which pose an immediate threat to the safety of the officer or the public requiring the use of a device or object that has not been authorized to counter such a threat. 4. With agency approval officers may modify, alter or cause to be altered an authorized device in his or her possession or control. 5. Protracted force encounters jeopardize the safety of the public, law enforcement personnel and the person being arrested or captured. Accordingly, an officer should use discretion to determine reasonable force options to bring a subject under control. This policy should not be construed to require officers to first attempt using types and degrees of force that reasonably appear to be inadequate to accomplish the intended objective. 6. An officer may announce their intention to use reasonable force. E. Recordkeeping Requirements The chief law enforcement officer will maintain records of the agency's compliance with use of force training requirements. Page 3 of 3 St. Joseph Police Department p p PEPPER AEROSOL RESTRAINT SPRAY Policy304 Effective 2013 PURPOSE The purpose of this policy is to establish guidelines for the use of oleoresin ca p sicum (OC) aerosol restraint spray. II. POLICY This agency has issued OC aerosol restraint spray to provide officers with additional use- of-force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations. It is the policy of this agency that officers use OC when warranted,but only in accordance with the guidelines and procedures set forth here and in this agency's use-of-force policy. III. PROCEDURES A. Authorization 1. Only officers who have completed the prescribed course of instruction on the use of OC are authorized to carry the device. 2. Officers whose normal duties/assignments may require them to make arrests or supervise arrestees shall be required to carry departmentally authorized OC while on duty. 3. Uniformed officers shall carry only departmentally authorized OC canisters in the prescribed manner on the duty belt. Non-uniformed officers may carry OC in alternative devices as authorized by the agency. B. Usage Criteria 1. OC spray is considered a use of force and shall be employed in a manner consistent with this agency's use-of-force policy. OC is a force option following verbal compliance tactics on the use-of-force continuum. 2. OC maybe used when a. verbal dialogue has failed to bring about the subject's compliance, and b. the subject has signaled his intention to actively resist the officer's efforts to make the arrest. 3. Whenever practical and reasonable, officers should issue a verbal warning prior to using OC against a suspect. 4. An officer may use deadly force to protect himself from the use or threatened use of OC when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated. 5. Once a suspect is incapacitated or restrained, use of OC is no longer justified. 1 C. Usage Procedures 1. Whenever possible, officers should be upwind from the suspect before using OC and should avoid entering the spray area. 2. An officer should maintain a safe distance from the suspect of between two and 10 feet. 3. A single spray burst of between one and three seconds should be directed at the suspect's eyes, nose and mouth. Additional burst(s)may be used if the initial or subsequent burst proves ineffective. 4. Use of OC should be avoided, if possible,under conditions where it may affect innocent bystanders. D. Effects of OC and Officer Response 1. Within several seconds of being sprayed by OC, a suspect will normally display symptoms of temporary blindness,have difficulty breathing,burning sensation in the throat, nausea, lung pain and/or impaired thought processes. 2. The effects of OC vary among individuals. Therefore, all suspects shall bhandcuffed as soon as possible after being sprayed. Officers should also be prepared to employ other means to control the suspect—to include, if necessary, other force options consistent with agency policy—if he does not respond sufficiently to the spray and cannot otherwise be subdued. 3. Immediately after spraying a suspect, officers shall be alert to any indications that the individual needs medical care. This includes, but is not necessarily limited to,breathing difficulties, gagging,profuse sweating and loss of consciousness. Upon observing these or other medical problems or if the suspect requests medical assistance,the officer shall immediately summon emergency medical aid. 4. Suspects that have been sprayed shall be monitored continuously for indications of medical problems and shall not be left alone while in police custody. 5. Officers should provide assurance to suspects who have been sprayed that the effects are temporary and encourage them to relax. 6. Air will normally begin reducing the effects of OC spray within 15 minutes of exposure. However, once the suspect has been restrained, officers shall assist him by rinsing and drying the exposed area. 7. Assistance shall be offered to any individuals accidentally exposed to OC spray who feel the effects of the agent. All such incidents shall be reported as soon as possible to the officer's immediate supervisor and shall be detailed in an incident report. E. Reporting Procedures 1. Accidental discharges as well as intentional uses of OC spray against an individual in an enforcement capacity shall be reported to the officer's immediate supervisor as soon as possible. 2. A use-of-force report shall be completed following all discharges of OC spray except during testing, training,malfunction or accidental discharge. 2 F. Replacement 1. All OC spray devices shall be maintained in an operational and char g ed state by assigned personnel. Replacements for damaged, inoperable or empty devices are the responsibility of officers to whom they are issued. 2. Replacements of OC spray canisters shall occur when the unit is less than half full, as determined by weighing the canister. 3. 4. Unexplained depletion of OC canisters shall require an investigation and written report by the officer's supervisor to the commanding officer. 3 St. Joseph Police Department Electronic Control Device April 2013 I. PURPOSE The purpose of this policy is to provide guidance and direction on the use of electronic control devices (ECDs). II. POLICY It is the policy of this agency to use objectively reasonable force to control or overcome the resistance put forth by individuals who are violent, exhibiting threatening or potentially violent behavior, or physically resisting arrest or detention. ECDs may be used by authorized and trained personnel in accordance with this use-of-force policy and additional guidelines established herein. III.DEFINITIONS Electronic controldevice (ECD)): A device that uses electricity to override voluntary motor responses, or apply pain in order to gain compliance or overcome resistance. Passive resistance: A refusal by an unarmed person to comply with an officer's verbal commands or physical control techniques that does not involve the use of physical force, control, or resistance of any kind. Sensitive population groups: Sensitive population groups include those who reasonably appear to be, or are known to be, children, elderly, medically infirm,pregnant,or users of a cardiac pacemaker. IV.PROCEDURES A. Authorized Users Only those who have successfully completed this agency's approved initial and in-service training programs are authorized to use anECD. B. Weapon Readiness 1. The device shall be carried in an approved holster on the side of the body opposite the service handgun. Officers not assigned to uniformed patrol may utilize other department-approved holsters and carry the weapon consistent with department training. 2. The device shall be carried fully armed with the safety on in preparation for immediate use. 3. Officers shall be issued a minimum of one spare cartridge as a backup in case of cartridge failure or the need for redeployment. The spare cartridge shall be stored and carried in a manner consistent with training and the cartridges will be replaced following the manufacturer's expiration requirements. 4. Only manufacturer-approved battery power sources shall be used in the ECD. Y pp �'Y p 5. The ECD shall be subjected to a pre-shift"spark test"as defined in training to ensure that the device is functioning properly. 1 6. No modifications or repairs shall be performed on the device unless authorized by the department in writing. C. Deployment 1. The ECD is generally authorized to be used in circumstances where grounds to arrest or detain are present and the subject's actions cause a reasonable officer to believe that physical force will be used by the subject to resist the arrest or detention. Such actions may include but are not limited to: a. use of force against the officer or another person b. violent,threatening, or potentially violent behavior c. physically resisting the arrest or detention d. flight in order to avoid arrest or detention, in circumstances where officers would pursue on foot and physically effect the arrest or detention e. self-destructive behavior 2. The ECD is most effective at overcoming resistance and assisting officers with subject control when used in the"probe mode,"which is the preferred deployment technique when practical. 3. The device should be aimed at the subject, fired, and cycled in a manner consistent with and as outlined in training. 4. The ECD may also be used in limited close-range, self-defense, and pain- compliance circumstances in the "contact" mode, if there is no opportunity to use the device in the preferred"probe mode." When the device is used in"contact" mode it is: a. primarily a pain compliance tool, b. generally less effective than when probes are deployed with spread in excess of 12 inches, and c. subject to the same deployment guidelines and restrictions as probe deployments. 5. An alternative method of close-range deployment involves firing the ECD cartridge at close range, then applying the ECD in"contact"mode to an alternate part of the body. This creates a"probe spread" effect between the impact location of the probes and the point where the ECD is placed in contact with the subject's body, resulting in an increased probability of subject control as compared to the standard "contact" mode. When the ECD is used in this manner, it is: a. potentially as effective at subject control as a conventional cartridge-type probe spread deployment, and b. subject to the same deployment guidelines and restrictions as any other ECD cartridge deployment. 6. The ECD shall not be used on those who passively resist as defined in this policy, and should generally not be used: a. On a handcuffed or secured prisoner, absent overtly assaultive, self- destructive, or violently resistive behavior that cannot reasonably be controlled by other readily available means. b. In any environment where an officer reasonably believes that a flammable, volatile, or explosive material is present, including but not limited to OC spray with volatile propellant, gasoline,natural gas, or propane. 2 7. In any situation where the officer has a reasonable belief that the subject might fall resulting in death or serious physical injury, and the circumstances presented do not justify that risk.Officers shall be aware of the general concerns raised when an ECW is used on a member of a sensitive population group. Officers are not prohibited from using an ECD on such persons,but use is limited to those exceptional circumstances where the potential benefit of using the device (i.e., injury reduction)reasonably outweighs the risks and concerns. 8. Upon activating the device against a person, the officer shall energize the subject no longer than objectively reasonable to overcome resistance and bring the subject under control. 9. In determining the need for additional energy cycles, officers should be aware that an energized subject may not be able to respond to commands during or immediately following exposure. 10. If the subject does not respond to the ECD deployment in the anticipated control manner based on training and experience,personnel should consider transitioning to alternative resistance control measures. 11. To minimize the number of cycles needed to overcome resistance and bring the subject under control, the subject should be secured as soon as practical while affected by ECDpower or immediately thereafter. D. Post-Deployment Considerations 1. The ECD darts may be removed from the subject after being restrained following procedures outlined in training. The ECD darts should be treated as a biohazard risk. 2. Personnel shall request EMT response, or the person shall be transported to a medical facility for examination if any of the following occur: a. he or she requests medical attention, or there is an obvious need for medical attention, b. he or she is hit in a sensitive area(for example, eye, face, head,breasts, genitals), c. the officer has difficulty removing the probes, d. he or she does not appear to recover in a reasonable period of time after being exposed, as determined by the officer following training guidelines, e. he or she is part of a sensitive population group as defined in this policy, f. he or she has been exposed to more than three ECD g. cycles, h. he or she has been exposed to the effects of more than one ECD device, i. he or she is reasonably believed to have been exposed to a continuous cycle of 15 seconds or more, or j. he or she has exhibited signs of"excited delirium,"as outlined and defined in training,prior to and/or during ECD exposure. 3. If the probes penetrate the flesh,photographs of the contact area should be taken after they are removed. 4. When the device has been used operationally,the officer should collect the cartridge, wire leads, darts, and AFIDs, and secure them as evidence. E. Reporting 1. The deploying officer shall notify his or her supervisor as soon as practical after 3 using the device, and the appropriate use-of-force report shall be completed. Data from the ECD, including audio/video recordings if the ECD is so equipped, shall be downloaded following use and the file shall be considered a part of the use-of- force review. 2. Officers shall specifically document in their use-of-force report the facts and circumstances that reasonably required the use of the ECD in the following manner: a. in the"contact"mode, b. subject energized more than three cycles, c. subject energized for longer than 15 seconds, d. more than one ECD being used against the subject, e. used on an individual in a sensitive population group as defined in this policy. F. Auditing All agency ECDs will be subjected to periodic and random data downloading. The data obtained will be reconciled with existing use-of-force reports to ensure accountability between the cycles recorded, and those documented in such reports and occurring in pre-shift testing. 4 St. Joseph Police Department FIREARMS Policy 303 Effective 2013 I. PURPOSE It is the purpose of this policy to provide officers with guidelines associated with the use, maintenance, and safety of agency-authorized firearms and the qualification requirements related to them. II.POLICY It is the policy of this law enforcement agency that officers shall adhere to the requirements established herein in order to ensure the safe handling and use of firearms. III. DEFINITIONS Authorized Firearm: Any make, model, or caliber of firearm that meets this agency's designated requirements and specifications, and has been formally approved by the agency armorer and the Chief for general or individual use by sworn law enforcement personnel. This includes primary service handguns, alternate service handguns, backup handguns, shotguns, and rifles used for law enforcement purposes and any firearm carried as an off-duty weapon. Primary Service Handgun: The firearm authorized by this agency to be carried as part of the service uniform and related equipment for uniformed personnel or the authorized firearm to be carried by plainclothes officers. Backup Handgun: Any authorized handgun other than the primary service handgun that is carried in an authorized concealed manner. Firearms Qualification: Periodic testing required of officers to determine their competency to carry authorized firearms. Restricted Duty: In the context of this policy, an assignment that does not require an officer to be armed to take enforcement actions. IV. PROCEDURES A.General Provisions 1. Officers when on or off duty shall carry only authorized firearms. 2. Only ammunition that has been approved by this agency shall be used in authorized firearms. 1 3. Only sworn officers who have successfully passed firearms qualification and the use-of-force training course prescribed by this agency shall be authorized to carry a firearm. 4. The primary service handgun shall be carried in accordance with uniform and related requirements and as otherwise specified by this policy. 5. Officers shall be issued fresh duty ammunition in the specified quantity for all authorized firearms during the officer's first scheduled qualification each year. When needed in accordance with established policy, the armorer shall dispense replacements for defective or depleted ammunition. 6. Officers on special assignment and other officers with an articulable need may request written authorization to carry alternate service firearms, backup firearms, or alternate ammunition on an ongoing or periodic basis. B.Off-Duty Firearms 1. Officers may, but shall not be required to, carry an authorized firearm while off duty. But officers shall be required to carry an authorized firearm when in uniform or when operating a marked patrol vehicle whether on or off duty. 2. Backup and off-duty firearms shall be carried concealed when the officer is in plain clothes or in uniform unless a. the officer is in the workplace, and the officer's badge is prominently displayed next to the firearm; b. the officer is engaged in law enforcement actions that may reasonably require quick access to the firearm, and the officer's badge is prominently displayed near the weapon; or c. the officer is engaged in activities where it would be permissible for a citizen to carry an exposed firearm, such as in hunting or target practice. 3. When armed, whether on or off duty, officers shall carry their badge and agency identification. C.Firearms Qualifications 1. All officers authorized to carry firearms shall be required to qualify with each authorized firearm on at least a semi-annual basis. Quarterly qualification is a desirable objective. 2. All officers shall be graded on a pass or fail basis for purposes of firearms qualification. 2 3. At least once a year, all officers authorized to carry firearms shall receive and shall be required to demonstrate their understanding of the law and agency policy and procedures relating to the use of force. 4. Officers who fail to qualify with the primary service firearm or any firearm that is otherwise required for the officer's duty assignment shall be relieved of those firearms, and be subject to the following requirements: a. The Chief shall be notified and shall promptly arrange with the training coordinator for a period of formal remedial firearms training not to exceed one week in duration. Such training does not preclude an officer from engaging in any additional informal practice or training sessions that the officer may deem necessary. b. The officer shall be given additional attempts to re-qualify within a reasonable period of time. A written report shall be forwarded to the Chief of any officer who fails to re-qualify within a reasonable period of time. The report shall include the training officer's recommendations for corrective action. c. If the officer fails to qualify within a reasonable period of time he or she shall be subject to termination of employment. 5. Other firearms: any officer who fails to qualify (in accordance with provisions set forth in items C.4.a. and b.) with a firearm that is not required for the officer's duty assignment shall not be permitted to carry that firearm. The officer may remain on duty if qualified with the primary duty firearm. 6. Officers shall be required to qualify with their primary service handgun and additional firearms (as appropriate) following return to duty after a leave of absence when it reasonably appears necessary or if they have missed their qualification date. 7. All officers shall be required to qualify using additional proficiency standards established by their department or the training officer. These include but are not limited to proficiency testing at night and in reduced light situations, in combat simulation, and when using both weak and strong hands. 8. Pregnant officers shall be notified of the potential risks to the fetus associated with lead and noise toxicity during firearms qualification. Should the officer choose to qualify, the department shall take such precautionary measures reasonably possible to reduce potential contamination from these sources.' 3 D.Firearms Modifications 1. Modifications to any agency-authorized firearm require the written approval of the Chief with the written input of designated armorer. This includes but is not limited to modifications involving grips, spring kits, sights, or finishes. 2. Defective, unsafe, or unauthorized firearms shall be reported to the armorer. 3. Repairs or alterations to agency-authorized firearms shall be made only by an armorer employed or authorized by this agency. 4. Authorized firearms shall be maintained in a clean and safe operating condition and shall be inspected periodically by the Chief and or Sgt. and by the armorer annually at the time of qualification. E.Shotguns and Rifles 1. Shotguns shall be carried in a secure rack as provided in patrol vehicles, with the magazine loaded to full capacity and with no shell in the chamber. 2. Officers shall carry and use only ammunition authorized by this agency unless the Chief grants approval for an exception and the officer qualifies with that ammunition. (This includes but is not limited to rifled slugs and magnum loads.) F.Firearms Safety 1. Officers shall not carry a firearm when on or off duty if they are mentally or physically impaired. 2. Officers shall report, in writing, to their immediate supervisor any use of prescription drugs or other medication or any physical ailment or injury that they reasonably believe could impair their ability or judgment to use a firearm. 3. Officers shall be responsible for the safe storage of their duty weapon and any other personally owned firearms when not in their personal possession by using trigger locks, safes, gunlock boxes, or other means approved by the department armorer or range master as designated by this department. Firearms shall not be stored in patrol or personally owned vehicles except for temporary storage when at court, when other options for safekeeping are not available, or if authorized by the department. 4. All authorized firearms shall be carried in a safe and secure manner as authorized by this agency. 4 5. Removal of firearms from their holster or other carrying devices for other than authorized purposes—such as tactical use, training and qualification, inspection, or cleaning and maintenance—shall be prohibited. Any careless, flippant, or casual use or display of a firearm shall constitute grounds for discipline. 6. Firearms shall not be permitted in holding facilities, lockups, or jails of this or other law enforcement agencies. 7. Each ear y , during firearms qualification, the range master shall provide officers with refresher training and additional information as available - concerning firearms safety and the use-of-force policy. G.Carrying Firearms on Commercial Aircraft 1. Officers are governed by federal regulations for carrying firearms on commercial aircraft. All officers acting in these capacities shall familiarize themselves with these provisions as contained in 14 CFR § 1544.221 and related documentation. 2. All officers shall be required to complete the training program "Law Enforcement Officers Flying Armed" as required by federal law in order to carry a firearm aboard a commercial aircraft 2 3. When conducting official business that requires commercial airline travel, officers shall check their firearm in checked baggage if it is not needed while in flight to guard a prisoner or for other purposes. In these cases, officers are required by federal regulations to certify to the airline that a firearm is in the baggage and that it is unloaded. 4. When officers need to carry a firearm aboard a commercial airline for � purposes of prisoner transportation or other reasons, officers shall submit a letter on agency stationery addressed to the commercial airline carrier that details the need for the officer to be armed. The letter shall be submitted to the agency chief executive or his or her designee for approval and signature. 5. When officers need to carry a firearm aboard a commercial airline for purposes of prisoner transportation or other reasons, officers shall arrive at the airport in sufficient time, or in an emergency as soon as practicable prior to departure, present the letter to the airline ticket agent together with agency badge and identification card (with full-face photograph), declare possession of a firearm, and request that the necessary security and airline personnel be notified. 6. When officers need to carry a firearm aboard a commercial airline for purposes of prisoner transportation or other reasons, officers shall request that they be notified of any other persons who are traveling armed aboard the aircraft. 5 7. When officers need to carry a firearm aboard a commercial airline for purposes of prisoner transportation or other reasons, officers should refer to this agency's policy on transporting prisoners for additional agency requirements concerning the transportation of prisoners aboard commercial aircraft. 6