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HomeMy WebLinkAbout04/15/2008 15 Police Department Policy and Procedure Manual Contract with Lexipol LLC BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No. �S For Meeting of April 15, 2008 ITEM TITLE: Consideration of a Contract with Lexipol LLC for Development and Training on a New Police Department Policy and Procedure Manual. SUBMITTED BY: Chief Granato, Police Department CONTACT PERSON/TELEPHONE: Lt. Steve Finch, 575 -6145 SUMMARY EXPLANATION: The Police Department has identified a critical need to update and redevelop its Policy and Procedure Manual. The recent LEMAP report on Department operations also recommends development of a new Policy and Procedure Manual. Lexipol LLC provides a service wherein the Police Department is provided a Washington State specific Policy and Procedure Manual development tool. This tool allows us to develop a customized, legally defensible manual in much less time than would otherwise be possible. This development tool costs $9,950. After initial development the annual subscription rate is $3,900 per year. This includes yearly State specific policy updates. • In addition Lexipol LLC provides a one year training module once the manual is developed. This training module allows Department -wide training and training verification on critical elements of the manual. Cost of this module is $9,000 per year. This training module would only be needed once every three years. Total first year cost is $18,950 for the development tool and the training module. Resolution X Ordinance Contract X Other (Specify) Funding Source Police Professional Services Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: It is recommended the Council authorize and direct the City Manager to enter into a contract with Lexipol LLC for development of a Police Department Policy and Procedure Manual and a one year training module. BOARD /COMMISSION RECOMMENDATION: Approved by Council Public Safety Committee. COUNCIL ACTION: • • • RESOLUTION NO. R -2008- A RESOLUTION authorizing and directing the City Manager to enter into a contract with Lexipol LLC for development of a Police Department Policy and Procedure Manual, and for a training module on said manual. WHEREAS, the. Police Department has identified a critical need to modernize and redevelop the Department's Policy and Procedure Manual; and WHEREAS, the LEMAP report on Police Department operations recommends development of a new and improved Policy and Procedure Manual; and WHEREAS, Lexipol LLC offers a Washington State specific Policy and Procedure development tool for $9,950; and WHEREAS, Lexipol LLC offers a one year training module on said manual, once developed, for $9,000; and WHEREAS, the City Council finds that it would be in the best interest of the City to enter into a contract with Lexipol LLC for development of a Policy and Procedure Manual and for training on the newly developed manual, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby authorizes and directs the City Manager to enter into a contract with Lexipol LLC for development of a Police Department Policy and Procedure Manual, and for a one year training module on said manual. ADOPTED BY THE CITY COUNCIL this 15th day of April, 2008. ATTEST: David Edler, Mayor City Clerk • (1k)res-police vehicle surplus 04po Lexipol LLC 68 Liberty #200 Aliso Viejo, CA 92656 l PH: 949-484-4444 L'p1 FAX: 949 - 484 -4443 November 15, 2007 Chief Sam Granata Yakima Police Department 200 S. 3 Street Yakima, WA 98901 . Dear Chief Granata : I hope the following will answer a few questions that may arise in your consideration of our services. Lexipol provides a continuous improvement system for Public Safety agencies. The system uses tools and content built around our Co- President Gordon Graham's 5 Pillars of Success: People, Policy, Training, Supervision and Discipline. We are very proud of our standard setting policy manual tool we have published over the past ten years, as it is increasingly adopted throughout the country. Development of policy content for an agency is the core first step in our system. We develop content specific to each state using our own legal expertise and the combined efforts of top law enforcement command staff. Our policy manual tool is arranged consistent with the way Law Enforcement operates and can be indexed to be compliant with state or national accreditation standards. Our proprietary software allows efficient and accurate generation of a draft version of the manual from an online questionnaire taking less than a half day of agency input. The entire draft content is color coded to inform the user of the origin, be it federal, state, best practices or discretionary and relative importance of the policy language. The draft is a complete regulatory and operational policy manual and may be accepted for use immediately. Most agencies want further customization to address their unique mission and community needs. The agency then has complete editing control available 24/7 to add, change, delete or add subsections. These changes are logged and a new policy manual is generated with revised table of contents, indexes and search features. All changes are archived to allow specific document access years later to support litigation defense or other. needs. The tool includes optional policy content for K -9, SWAT, Taser, or other areas that assist the agency in further refining the document for its needs. We constantly monitor issues affecting law enforcement to develop new policies and improve existing policies to reflect changes from precedent setting court decisions, legislation, best practices, and new issues facing our more than 400 subscribing agencies. Each subscriber also has access to our online Forum site where our staff and other subscribers ask questions, post messages, archive articles and discuss issues related to Law Enforcement. Upon completion the manual will be published with the agency receiving 3 -ring bound copies with the agency's graphics on the cover. The manual is also delivered as a PDF electronic file with a built in search engine compatible to any existing local computer network for easy access. This allows all policies to be searched by subject matter, title or keyword. Our Update subscription is initiated at the time of publication. This service includes: 1) Urgent updates prompted by changes to policy we believe needing immediate adoption, 2) Agency generated changes addressing the normal evolution of an agency, 3) Maintenance updates including all new policies and changes made through the previous calendar quarter. This service allows you to keep your policy manual current with all areas affecting Law Enforcement. An agency can have a complete Policy Manual after merely completing the questionnaire. It is highly advisable however to take the time to review the draft thoroughly and make changes that reflect the unique needs of the agency. The . greatest areas of editing typically are in sections where the agency wishes to have more detailed procedural guidelines than our policy content provides. The amount of time taken is completely dependent on the agency. Policy manuals are a perishable tool and need regular review and updating. The Lexipol tool is designed to allow the agency maximum flexibility with well researched guidance from our content. Our development fee for your agency is $9,950. This includes full access to the online development tools and access to our support staff for a 12 month period. Thereafter, subscription to the update service is only $3,900 each subsequent year. The savings in staff time alone far exceeds the nominal cost of the manual and you will never have to burden reluctant staff with the arduous task of updating the manual with less than adequate resources. We have also developed a Daily Training Bulletin (DTB) service under Training tools to efficiently allow officers to learn the content of the manual and the practical applications of policy. We develop 365 unique scenario based, one page, training bulletins for your agency that include the following sections: 1) A three to four sentence scenario, 2) The policy reference from your manual that should guide actions in this scenario, 3) An analysis of why this policy applies and what went rightlwrong in the scenario, 4) Lastly, one lesson for the day summarizing the training. The DTB is designed to be covered during roll call in about 6 minutes. Officers may log on to a secure Web site that records their training which is compiled in a searchable data base accessible by the Agency. The cost for this service is $9,000 for your entire department for each full year of Daily Training Bulletins. To summarize the five primary advantages to our integrated continuous improvement system: 1. A customized, usable, state specific, real world policy manual developed by experienced law enforcement personnel and legal defense experts. 2. Policies that are court tested and successful in withstanding the numerous legal challenges prevalent today. 3. A Forum site to access other Lexipol subscribers and Policy experts. 4. Content updates keeping the agency compliant with changes from the variety of influences affecting policy. 5. An efficient and track -able training system generated from your manual. Please contact me directly with any questions that you or your associates may have. I have enclosed: a Subscription Agreement, a Table of Contents showing what we include as a starting point, a sample policy & the review guide sheet, and a DTB. Our web site is at Lexipol.com and contains more•detailed information along with answers to "frequently asked questions ". We look forward to working with you and your agency. At your service, Janet Perez Northwest Regional Coordinator Lexipol LLC "14 6B Liberty #200 Aliso Viejo, CA 92656 Lexiso Tel: 949-484-4444 Fax: 949-484-4443 TERMS AND CONDITIONS FOR USE OF SUBSCRIPTION MATERIAL I. ACCEPTANCE OF TERMS The services that Lexipol, LLC, a Califomia Limited Liability Company (hereinafter ° Lexipol"), provides to. Agency, Customer, User, Purchaser are subject to the following Terms and Conditions of Use. These Terms and Conditions are valid through the subscription period of one year. Lexipol reserves the right to update /change the Terms and Conditions of Use on the renewal date of the subscription agreement period whereas those updates /changes on the Terms and Conditions of Use will be valid for the new subscription period. This document represents the most current version of the Terms and Conditions of Use. Any changes or updates can be reviewed by clicking on the "Terms and Conditions of Use" hypertext link located on Lexipol's Forum page once Agency becomes a subscriber. AGENCY MUST AGREE WITH THESE TERMS AND CONDITIONS OF USE BEFORE AGENCY CAN USE THIS WEB SITE. II. DESCRIPTION OF SERVICES Through Lexipol's Web site, Lexipol provides Agency with access to the Lexipol Knowledge Management System. Lexipol provides numerous subscriptions to this system, each with varying • • services depending on the level of subscription. The different subscriptions are: 12 month Policy Development Subscription, 12 month Policy Update Subscription, and 12 month Daily Training Bulletin Subscription. III. MEMBER ACCOUNT, PASSWORD AND SECURITY If any of the Services provided to Agency by this website requires Agency to open an account, Agency must complete the registration process by providing Lexipol with current, complete and accurate information as prompted by the applicable registration form. Agency will also [choose /be provided] a password and a user name. Agency is entirely responsible for maintaining the confidentiality of Agency's password and account. Furthermore, Agency is entirely responsible for any and all activities that occur under Agency's account. Agency agrees to notify Lexipol immediately of any unauthorized use of Agency's account or any other breach of security. Agency may not use anyone else's account at any time, as Agency's password and user name are for the purchaser's sole use. Purchasers of premium content through this Web site are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. Significant or unusual use of a single user name and password (including, but not limited to, significant use of a single user name and password on multiple computers) could result in suspension of that password. IV. NOTICES Any notice to be given to the parties shall be sent to Lexipol at the address above or if to the Agency to the contact person registered as the primary user. 0 V. PAYMENT TERMS Agency agrees to pay the current fees for all services purchased using Agency's user name and password. All services are payable in full within forty-five (45) days from subscription start date. Any amounts past sixty (60) days from due date shall accrue interest at one (1 %) percent per month for past due accounts. Invoices are sent thirty (30) days previous to the subscription start date and anniversary date thereafter. VI. PRIVACY POLICY Lexipol shall keep all information Agency provides confidential and private in accordance with Lexipol's privacy policy. Because security is important to Lexipol and our users, Lexipol will always make reasonable efforts to ensure the security of Lexipol's systems. Lexipol employs security systems to protect the information Lexipol receives from Agency's users. The Lexipol Policy Web site uses Secure Socket Layer (SSL) Protocol for browsers that support 12 8-bit encryption (such as Microsoft Internet Explorer 5 and greater). SSL encrypts information as it travels between customer and Lexipol. Please be aware that Internet data transmission is not always 100% secure and Lexipol cannot warrant that information Agency transmits utilizing Lexipol's Service or Web site is 100% secure. VII. APPLICATION OF LAW AND JURISDICTION Agency agrees that any claim, action, or proceeding arising out of these Terms and Conditions of Use, or Agency's use of the Web site, shall be govemed by and construed in accordance with the laws of the State of California applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Orange County, California. This Agreement shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. . VIII. INDEMNIFICATION III Agency understands that Lexipol and its agents, employees and representatives have developed policy guidelines and content in a good faith effort to comply with all applicable statutes, case law and industry standards in effect at the time such policies were approved and adopted by Agency. Agency acknowledges that Lexipol shall not be responsible for updating these policies to adhere to subsequent changes in the law or other conditions and those changes and updates will only be provided by Lexipol as a part of an annual subscription. While Lexipol has made a good faith effort to develop all policies and training in accordance with existing law and standards, Agency acknowledges that neither Lexipol nor any of its agents, attomeys, employees or representatives are obligated to provide legal representation, defense, or indemnification for any litigation in which said policies are subject to challenge. To the fullest extent permissible under applicable law, Lexipol and /or other persons creating or transmitting the information and the service will in no event be liable to Agency or anyone else for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages for the information, even if Lexipol or other persons creating or transmitting the information or the service shall have been advised of the possibility of such damages. To the fullest extent permitted by law, Lexipol or other persons creating or transmitting the service and the information shall have no responsibility or liability to Agency or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions of use thereto. IX. COPYRIGHT Agency expressly acknowledges and agrees that each and every policy provided by Lexipol, its agents, 0 employees, and representatives including, but not limited to, all updates, revisions the entire Policy Manual and. Daily Training Bulletins purchased from Lexipol were expressly created for Agency's • exclusive use. Agency further agrees that all policy, update, revision or Daily Training Bulletins originally provided by Lexipol are protected under copyright agreements and may not be sold. Nothing in this statement is intended to prohibit or restrict Agency from access and reproduction for department functions and providing any policies contained within the Policy Manual pursuant to and authorized by a request under the Public Records Act, pursuant to Court order or any other lawful process. X. DISCLAIMER OF WARRANTIES The service and all information is provided "as is" without warranties, express or implied, or representations of any kind whatsoever. There shall be no warranties of merchantability, fitness for a particular use, non- infringement of proprietary rights, enjoyment of the information or service, system integration, or accuracy of the information. To the fullest extent permitted by law, Lexipol disclaims any warranties for the security, reliability, timeliness, and performance of the information and the service. The entire risk as to satisfactory quality, performance, accuracy and effort is with Agency. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to Agency insofar as they relate to implied warranties. In those jurisdictions Lexipol shall use its best efforts, including industry standards of care, to insure satisfactory quality, performance and accuracy. XI. NON - WAIVER AND SEVERABILITY Lexipol's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this Agreement remain in l e full force and effect. XII. POLICY ADOPTION The Agency hereby agrees and certifies that any and all policies developed and provided by LEXIPOL LLC and its agents, employees and representatives have been individually reviewed, customized and adopted for the exclusive use of the AGENCY. It is further acknowledged and agreed that LEXIPOL LLC and its agents, employees and representatives shall not be considered "policy makers" in any legal or other sense and that, upon acceptance of the policy manual and execution of this Agreement, the chief executive of the AGENCY for all purposes be considered the "policy maker" with regard to each and every policy contained in said manual. XIII. TERMINATION This Subscription Agreement may be terminated at the annual anniversary date of the subscription . period by written notice to the other party at least 15 days preceding the anniversary date. III Agency is purchasing the following Service: Manual Development Subscription Update Subscription Daily Training Bulletins 0 The subscription agreement is authorized and approved by: Yakima City Council The Yakima Police Department (Name of Agency as you want it to appear on the manual) l R. A. Zais, Jr., City Manager (Name and Title of authorized signer) I - / (Date) (Risk Management Group / Insurance Pool) 200 S. 3rd Street (Street Address) Yakima, WA 98901 - Yakima County (City) (County) (State) (Zip Code) 1 WA 98901 (City) (State) (Zip Code) 0 (Billing Address) _ ( tY) (509) 575 -6145 (509) 575 -6007 sfinch @ci.yakima.wa.us ` (Phone) (Fax) (Email) 1 133 _ (Number of Sworn Officers)' Steve Finch (509) 575 -6145 (Primary user full Name) (Phone) sfinch @L.... ima.wa.us (Primary user email address) I ,....._._....___ (Unique User 1D number 2 -5 digits i.e. (badge number, employee number) Signature R. A. Zais, Jr. Date City Manager 0 River Town Police Department 410 , Medical Marijuana 253 Bicycle Patrol Unit 257 \ Chapter 5 - Traffic Operations 261 Traffic Function and Responsibility 262 Traffic Collision Reporting 265 Vehicle Towing Policy 267 Drunk Driving and Evidence Collection 270 Traffic Citations 272 Disabled Vehicles 274 Unauthorized 24 Hour Vehicle Violations 275 Vehicle Seizure and Forfeiture 276 Chapter 6 Investigation Operations 279 Investigation and Prosecution 280 Asset Forfeiture Policy 281 Confidential Informants 284 Chapter 7 - Equipment .288 Department Owned and Personal Property 289 Personal Communication Devices 291 Vehicle Maintenance 293 0 Vehicle Use Policy 295 - Support Services Chapter 8 pp 299 Crime Analysis 300 Communication Operations 301 Property Procedures 303 [Records Bureau] Procedures 310 Restoration of Firearm Serial Numbers 311 Release of Records and Information 313 Criminal History Record Information (CHRI) 320 Computers and Digital Evidence 323 Animal Control Procedures 327 Chapter 9 - Custody 330 Temporary Holding Facility 331 Custody Searches 344 Custodial DNA Samples 347 Chapter 10 - Personnel 349 Recruitment and Selection 350 Evaluation of Employees 355 Promotional and Transfer Policy 358 Grievance Procedure. 360 III Reporting of Employee Convictions 362 Alcohol and Drug Use Policy 364 Table of Contents - 4 River Town Police Department Hate Crimes 125 III Disciplinary Policy 129 Department Computer Use 138 Report Preparation 140 News Media Relations 143 Court Appearance & Subpoenas 146 Reserve [Officers/Deputies] 150 Outside Agency Assistance 155 Handcuff Policy 156 Community Protection Act 157 Major Incident Notification 159 Death Investigation 161 Identity Theft 163 Limited English Proficiency Services 164 Hearing Impaired /Disabled Communications 168 DNA Samples 173 Chaplain Program 175 - chapter 4 Patrol Operations 179 Patrol Function 180 Racial /Bias Based Profiling 182 [Briefing] Training 184 Crime and Disaster Scene Integrity 185 0 Crisis Response Unit 187 Ride -Along Policy 196 Hazardous Material Response 199 Hostages and Barricaded Suspects 201 Response to Bomb Calls 202 Mental Illness Commitments 205 Cite and Release Policy 209 Arrest or Detention of Foreign Nationals 212 Rapid Deployment Team Policy 219 Reporting Police Activity Outside of Jurisdiction 221 Immigration Violations 222 Emergency Utility Service 225 Patrol Rifles 226 Aircraft Accidents 228 Field Training Officer Program 231 Obtaining Helicopter Assistance 234 Field Interviews and Photographing of. Field Detainees 235 Criminal Street Gangs 239 [Watch Commanders 243 Mobile Audio Video Procedure 244 [Mobile Digital Terminal] Use 248 Use of Audio Recorders 250 0 Table of Contents - 3 ! Table of Contents River Town Police Department Blank for Chief's Preface 1 Law Enforcement Code of Ethics 1 Blank for Mission Statement • 1 Chapter 1- Law Enforcement Role and Authority 6 Law Enforcement Authority 7 Law Enforcement Certification 8 Oath of Office 9 Policy Manual 10 Chapter 2 - Organization and Administration 13 Organizational Structure and Responsibility 14 [Departmental Directives] 15 Disaster Plan 16 Training Policy 17 Electronic Mail 18 Administrative Communications 20 411 Staffing Levels 24___-- �.._._ Concealed Pistol License Retired [ Officer/Deputy] CPL Endorsements 26 Chapter 3 - General Operations 27 Use of Force 28 Deadly Force Review 33 Shooting Policy 35 Leg Restraint Device 37 Control Devices and Techniques 39 [EMDT TM device] Guidelines 44 Officer- Involved Shooting 48 Firearms 54 Vehicle Pursuit Policy 60 [Officer/Deputy] Response to Calls 73 Canine Program 76 Domestic Violence 84 Search & Seizure 92 Temporary Custody of Juveniles 95 Abuse of Vulnerable Adults 106 Discriminatory Harassment 110 . Child Abuse Reporting 114 Missing Person Reporting 117 0 AMBER Alerts 121 Table of Contents - 2 Wal Police Department Use of Force III 300.41 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practical following the application of physical force, under any of the following circumstances: (a) The application of force appears to have caused physical injury. (b) The individual has expressed a complaint of pain. (c) Any application of a control device. (d) The individual has been rendered unconscious. 300.42 MEDICAL ATTENTION FOR INJURIES SUSTAINED USING FORCE Prior to booking or release, medical assistance shall be obtained for any person(s) who has sustained visible injury, expressed a complaint of pain, or who has been rendered unconscious. If any individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practical, should be witnessed by another officer and /or medical personnel. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible. Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond physical characteristics, unusually high tolerance to pain, or who require a protracted physical encounter with multiple officers, to bring under control may be at an increased risk of sudden death and should be examined by qualified medical personnel as soon as practicable. Any individual exhibiting signs of distress after such an encounter shall be medically cleared prior to booking. 300.5 SUPERVISOR RESPONSIBILITY 4110 When a supervisor is able to respond to an incident in which there has been a reported application -of force, the supervisor shall be responsible for the following: (a) Obtain the basic facts from the involved officer(s). (b) Ensure that any injured parties are examined and treated. (c) Separately interview the subject(s) upon whom force was applied. (d) Ensure that photographs have been taken of any areas involving visible injury or complaint of pain as well as overall photographs of uninjured areas. (e) Identify any witnesses not already included in related reports. (f) Review and approve all related reports. In the event that the supervisor believes that the incident may give rise to potential civil litigation, a separate potential claim form should be completed and routed to appropriate channels. Should the supervisor determine that any application of force was not within policy, a separate intemal administrative investigation shall be initiated. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. • Use of Force - 33 September 2007 m 1995 -2007 Lexipol. LLC ''DRAFT*' Wal Police Department Use of Force (c) The degree to which the pain compliance technique may be controlled in application according to the level of resistance. - - (d) The nature of the offense involved. (e) The level of resistance of the individual(s) involved. (f) The need for prompt resolution of the situation. (g) If time permits (e.g., passive demonstrators), other reasonable altematives. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.25 CAROTID RESTRAINT The proper application of the carotid restraint hold by a trained officer may be effective in quickly restraining a violent individual however due to the potential for injury, the carotid restraint hold may only be applied under the following conditions: (a) The officer shall have received departmentally approved training in the use and application of the carotid restraint. (b) The carotid restraint may only be used when the officer reasonably believes that such a hold appears necessary to prevent serious injury or death to an officer or other person(s). (c) Any individual who has been rendered unconscious by the use of the carotid restraint shall be promptly examined by paramedics or other qualified medical personnel. (d) The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to the carotid restraint hold and whether the subject lost consciousness as a result. (e) Any officer applying the carotid restraint shall promptly notify a supervisor of the use or attempted use of such hold. (f) The use or attempted use of the carotid restraint shall be thoroughly documented by the officer in any related reports. 300.3 DEADLY FORCE APPLICATIONS While the use of a firearm is expressly considered deadly force, other force might also be considered deadly force if the officer reasonably anticipates and intends that the force applied will create a substantial likelihood of causing death or very serious injury. Use of deadly force is justified in the following circumstances: (a) An officer may use deadly force to protect himself /herself or others from what he /she reasonably believe would be an imminent threat of death or serious bodily injury. (b) An officer may not use deadly force to stop a fleeing suspect unless the officer has probable cause to believe that the suspect has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. 300.4 REPORTING THE USE OF FORCE Any use of physical force by a member of this department shall be documented promptly, completely and accurately in an appropriate report depending on the nature of the incident. • The use of particular weapons such as chemical agents may require the completion of additional report forms as specified in departmental policy and /or law. Use of Force - 32 September 2007 © 1995-2007 Lexipol, LLC ***DRAFT* ** Wal Police Department Use of Force of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended (RCW 9A.16.010(1)). 300.22 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether or not to apply any level of force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration. These factors include, but are not limited to: _ (a) The conduct of the individual being confronted (as reasonably perceived by the officer at the time). (b) Officer /subject factors (age, size, relative strength, skill level, injury /exhaustion and number of officers vs. subjects). (c) Influence of drugs/alcohol (mental capacity). (d) Proximity of weapons. (e) Time and circumstances permitting, the availability of other options (what resources are reasonably available to the officer under the circumstances). (f) Seriousness of the suspected offense or reason for contact with the individual. (g) Training and experience of the officer. (h) Potential for injury to citizens, officers and suspects. (i) Risk of escape. (j) Other exigent circumstances. It is recognized that officers are expected to make split- second decisions and that the amount of an officer's time available to evaluate and respond to changing circumstances may impact his /her decision. While various degrees of force exist, each officer is expected to use only that degree of force reasonable under the, circumstances to successfully accomplish the legitimate law enforcement purpose in accordance with this policy. 300.23 NON - DEADLY FORCE APPLICATIONS Any application of force that is not reasonably anticipated and intended to create a substantial likelihood of death or very serious injury shall be considered non - deadly force. Each officer is provided with equipment, training and skills to assist in the apprehension and control of suspects as well as protection of officers and the public. Non - deadly force applications may include but are not limited to leg restraints and control devices described in Policy Manual §§ 306, 308, and 309 respectively. 300.24 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be very effective in controlling a passive or actively resisting individual. Officers may only apply those pain compliance techniques for which the officer has received departmentally approved training and only when the officer reasonably believes that the use of such a technique appears necessary to further a legitimate law enforcement purpose. Officers utilizing any pain compliance technique should consider the totality of the circumstance including, but not limited to: (a) The potential for injury to the officer(s) or others if the technique is not used. (b) The potential risk of serious injury to the individual being controlled. Use of Force - 31 September 2007 m 1995 -2007 Lexipol, LLC ''DRAFT"** Policy W al Police Department 300 Use of Force 300.1 PURPOSE AND SCOPE This policy recognizes that the use of force by law enforcement requires constant evaluation. Even at its lowest level, the use of force is a serious responsibility. The purpose of this policy is to provide officers of this department with guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, each officer is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. 300.11 PHILOSOPHY The use of force by law enforcement personnel is a matter of critical concern both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied human encounters and when warranted, may use force in carrying out their duties. Officers must have an understanding of, and true appreciation for, the limitations of their authority. This is especially true with respect to officers overcoming resistance while engaged in the performance of their duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. It is also understood that vesting officers with the authority to use reasonable force and protect the public welfare requires a careful balancing of all human interests. 300.2 POLICY It is the policy of this department that officers shall use only that amount of force that reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control. Reasonableness of the force used must be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any interpretation of reasonableness must allow for the fact - that police officers are often forced to make split - second decisions in circumstances that are tense, uncertain and rapidly evolving about the amount of force that is necessary in a particular situation. Given that no policy can realistically predict every possible situation an officer might encounter in the field, it is recognized that each officer must be entrusted with well- reasoned discretion in determining the appropriate use of force in each incident. While it is the ultimate objective of every law enforcement encounter to minimize injury to everyone involved, nothing in this policy requires an officer to actually sustain physical injury before applying reasonable force. 300.21 USE OF FORCE TO EFFECT AN ARREST Any peace officer may use all necessary means to effect an arrest if, after notice of the intention to arrest the defendant, he /she either flees or forcibly resists. (RCW 10.31.050). The use, attempt or offer to use force upon or toward another person is not unlawful • whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the Wa1 Police Department's direction. (RCW 9A.16.020(1)). Necessary means that no reasonably effective alternative to the use Use of Force - 30 September 2007 © 1995-2007 Lexipol, LLC "**DRAFT*** 1�1up D aily Training Bulletin - Review Question Partners Against tusk ` s / 1 / 2007 Please answer the following question, and submit your response using the button at the bottom of the page. You may change your answer at any time prior to submission. DEADLY FORCE (Furtive Movements) While patrolling late one night, you monitor a BOLO broadcast on a vehicle containing multiple armed robbery suspects. The suspects committed a robbery of a convenience store, killing the clerk with a shotgun. Several minutes later, you observe the suspect vehicle turn in front of you, in a remote part of the city. You begin following the vehicle and advise dispatch of its location. Before backup officers arrive, the vehicle abruptly stops at the right curb of the highway. You stop behind the vehicle, at which time the suspects begin looking in your direction and making numerous furtive movements within the vehicle. ISSUE: An officer may use deadly force to protect him or herself or others from what they reasonably believe would be an immediate threat of death or serious bodily injury. ❑ True ❑ .False REFERENCE: 300 DEADLY FORCE APPLICATIONS ANALYSIS: Policy and law allow an officer to use deadly force to protect him or herself or others from what they reasonably believe would be an immediate threat of death or serious bodily injury. When determining: whether or not to apply any level of force and evaluating whether an officer has used reasonable force, a number of factors should betaken into consideration. In this worst - case scenario, you are suddenly confronted with a potential threat of death or serious bodily injury. Any evaluation of the use of deadly force must include whether or not the threat was immediate. Because you are outnumbered by armed suspects without backup officers present, you should take immediate steps, consistent with your training, to place yourself in a position of cover. Although the use of deadly force would not be immediately appropriate in this situation, the circumstances could rapidly change if the suspects were to exit their vehicle and /or display a weapon. Another tactical option to consider in this scenario would have been to continue driving past the suspect vehicle once it stopped at the right curb. Apprehension can then be accomplished after sufficient resources arrive on scene to better protect the safety of officers and citizens. CONCLUSION: This scenario represents a high -risk, low frequency event. It is recognized that officers are expected to make split - second decisions and that the amount of an officer's time available to evaluate and respond to changing circumstances may impact his/her decision. Constant training in tactics and policy is the key to ensuring a successful resolution. © 2007 Lexipol LLC Policy Manual Guide Sheet Lexipol 300 - Use of Force As most of you know, we have strongly advocated against the inclusion of any sort of "continuum of force" or "escalation scale" for many years based upon very favorable language from the courts. Without going into great detail (additional printed material available upon request), the Supreme Court has determined that the single question to be asked is whether or not a particular application of force was "reasonable" under the circumstances presented to the officer at the time the decision was made and not whether some sort of alternative level of force could have been used. Because we strive to provide you with policies which are based upon the most current law, it is our firm belief that your policy should mirror the latest standards provided by the courts. As such, you will see that our use of force policy is expressly void of any sort of escalation scale or continuum and we urge you to follow our lead. You will also notice that we have provided you with some specific types of applications of force (e.g. carotid restraint, pain compliance, etc.) in this policy. If, for any reason, your agency would prefer to . not permit the use of the carotid restraint for example, you can easily restrict or omit this from your policy. Please recognize, however, that any such absolute omission may prove to be detrimental at some later point if your officer(s) nonetheless apply such force in a situation which would have otherwise justified its use. You will also note that we have intentionally placed other specific forms of force (e.g. impact weapons, OC spray, etc.) within their own separate policies since these each carry their own unique issues and considerations. If you are wondering why we do not include canines in the Use of Force policy, you will see that we have dedicated an entire, very comprehensive policy to the use of the dogs and the application of the dog in an apprehension is covered in detail in that policy. As with any policy, you are encouraged to review this very important policy to make sure that it fits the needs and philosophy of your agency. While we remain open to modifications of this policy, we feel that it is important that you have a brief understanding of the format we have provided. Should you have any questions or desired modifications to this policy, please don't hesitate to call or simply make your suggested changes on your DRAFT version. © 2007 Lexipol LLC 1