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edited by Ryan Larkin
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1 -AE 01 Use of Force
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1 -Policy.Administrative.WebHome
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1 -**Washington County Sheriff's Office**
2 -
3 -**ADMINISTRATIVE DIVISION**
4 -
5 -Policy Manual
6 -
7 -
8 -Volume:
9 -
10 -Use of Force
11 -
12 -Chapter:
13 -
14 -AE 01
15 -
16 -Use of Force
17 -
18 -
19 -Replaces and/or Supersedes:
20 -
21 -PJ 40, PJ 41, PJ 42, PJ 44a, PJ 44b, PZ 201
22 -
23 -Published:
24 -
25 -08/31/2009
26 -
27 -Review Date:
28 -
29 -08/31/2010 County Commission
30 -
31 -
32 -Sheriff Kirk Smith County Attorney's Office
33 -
34 -Undersheriff Jake Adams
35 -
36 -
37 -**__TABLE OF CONTENTS__**
38 -
39 -AE 01_101 Distribution
40 -
41 -AE 01_102 Definitions
42 -
43 -AE 01_103 References
44 -
45 -AE 01_104 General
46 -
47 -AE 01_105 Appropriate Level and Form of Force
48 -
49 -AE 01_106 Use of Weapons and Control Devices
50 -
51 -AE 01_107 Deadly Force
52 -
53 -AE 01_108 Animals
54 -
55 -AE 01_109 Medical Follow-up
56 -
57 -AE 01_110 Justification and Documentation
58 -
59 -AE 01_111 Verbal Warnings
60 -
61 -AE 01_112 Warning Shots
62 -
63 -AE 01_113 Video Recording
64 -
65 -AE 01_114 Sample Force Decision Wheel
66 -
67 -
68 -**AE 01_101 __DISTRIBUTION__**
69 -
70 -1. Standard distribution
71 -
72 -
73 -**AE 01_102 __DEFINITIONS__**
74 -
75 -1. WCSO: Washington County Sheriff's Office
76 -1. PCF: Purgatory Correctional Facility
77 -1. Force: Physical or mechanical exertion to overcome or restrain an individual against his/her will.
78 -1. Deadly Force (a.k.a. Lethal Force): Any force that is reasonably likely to cause death or serious bodily injury.
79 -1. Force Decision Wheel: A guide for application of force which provides staff an array of force options to control or subdue prisoners. The force wheel does not require incremental steps. Instead, it guides the level of force to be appropriate and specific to the need for force to be used.
80 -1. Restraint Device: Any device used to secure or control the hands, arms, feet, legs, head, or torso of a prisoner.
81 -
82 -
83 -**AE 01_103 __REFERENCES__**
84 -
85 -1. Utah Counties Insurance Pool:
86 -11. ML-IV.A.1.
87 -1. Utah Sheriff's Association Jail Standards:
88 -11. F05.01.01: Written Use of Force Policies and Procedures Required
89 -11. F05.01.02: Use of Force Policy Content
90 -11. F05.02.01: Purpose of Use of Force
91 -11. F05.02.02: Use of Deadly Force
92 -11. F05.02.03: Prohibited Use of Force
93 -11. F05.04.01: Medical Examination and Treatment Following Use of Force/Restraint
94 -11. F05.04.02: Documentation Requirements
95 -
96 -
97 -**AE 01_104 __GENERAL__**
98 -
99 -1. It is the policy of the WCSO that:
100 -11. Force shall be used in a reasonable manner consistent with state and federal laws.
101 -11. The use of force is authorized for the purposes of:
102 -111. Self-defense;
103 -111. Protection of others;
104 -111. Preventing escapes;
105 -111. Restoring and maintaining order and discipline;
106 -111. Overcoming resistance to lawful orders;
107 -111. Protection of property;
108 -111. As detailed in section: MEDICAL FOLLOW-UP.
109 -11. Officers shall not use force:
110 -111. As a punishment;
111 -111. In a purposeless, malicious, or sadistic manner; or
112 -111. For the very purpose of causing harm.
113 -1. Rationale:
114 -11. The constitutions and laws of the United States and State of Utah protect prisoners from excessive and unreasonable use of force. Use of force which exceeds the allowances of law and/or policy may subject WCSO to civil liability and its officials to civil and/or criminal sanctions.
115 -11. Situations often occur which require the use, or threatened use, of force to protect persons, protect property, to respond to disturbances, to respond to escape attempts, and/or respond to physical resistance to the lawful orders of WCSO staff. Situations requiring the use of force may not always provide staff with adequate time to fully consider the benefits and drawbacks of all possible options. Comprehensive directives and training will help to ensure better preparation of staff to make rational judgments under circumstances which may require the use of force. Policies and procedures should assist officials to identify circumstances which may require the use of force and formulate strategies and options in advance of the crisis.
116 -11. Use of force in violation of the limitations herein may violate the constitutional rights of the individual against whom the force is used.
117 -
118 -
119 -**AE 01_105 __APPROPRIATE LEVEL AND FORM OF FORCE__**
120 -
121 -1. Policy:
122 -11. Staff shall use the lowest level of force necessary to accomplish the lawful intentions of the use of force.
123 -1. Rationale:
124 -11. Use of force in excess of the lowest level of force necessary to accomplish the lawful intentions of the force could result in an increase in liability for the individual officer and/or the WCSO.
125 -1. Procedure:
126 -11. WCSO staff are trained to be guided by the Force Decision Wheel in order to make appropriate decisions regarding the level of force to be used.
127 -11. The options available by the Force Decision Wheel should be specific to the training of the individual officer. For example: An officer should not ordinarily consider using an electronic control device if the officer has not received specialized training for the device.
128 -
129 -
130 -**AE 01_106 __USE OF WEAPONS AND CONTROL DEVICES__**
131 -
132 -1. Officers should include all weapons and control devices that they have received training for in their individualized Force Decision Wheel.
133 -1. Officers should not ordinarily use weapons and control devices that they have not received training on.
134 -
135 -
136 -**AE 01_107 DEADLY FORCEU**
137 -
138 -1. Policy:
139 -11. Deadly force shall be limited to:
140 -111. Self-defense or defense of a third party when the officer reasonably believes that deadly force is necessary to prevent death or serious bodily injury;
141 -111. Protecting or rescuing a hostage;
142 -111. Preventing an escape from custody when the officer reasonably believes that deadly force is necessary to prevent escape and the officer has probable cause to believe that the prisoner poses an imminent threat of death or serious bodily injury to the officer or to a third party if apprehension is delayed; or
143 -111. As detailed in the following section (AE 01_02.05).
144 -1. Rationale:
145 -11. Deadly force is such an extreme action that the justification for its use is narrowly limited to situations in which the officer reasonably believes that it is necessary to protect himself or another's life.
146 -
147 -
148 -**AE 01_108 __ANIMALS__**
149 -
150 -1. Officers may use deadly force to destroy an animal when the animal:
151 -11. Presents a threat to public safety;
152 -11. Is seriously injured (humane action).
153 -1. Deadly force to destroy an animal shall only be used when the officer reasonably believes that deadly force can be used without causing harm to the officer or others.
154 -1. When destroying an animal as a humane action, the officer shall use the safest means available at the time of need. Undue delay may be considered inhumane.
155 -
156 -
157 -**AE 01_109 __MEDICAL FOLLOW-UP__**
158 -
159 -1. Policy:
160 -11. Following the use of force, any person against whom physical force was employed should be given an opportunity for a medical examination and, if needed, medical treatment in a timely manner.
161 -1. Rationale:
162 -11. Timely treatment of serious medical needs is constitutionally required for prisoners. Medical examination shall be provided for involved prisoners as soon as reasonably feasible following a use of force action to:
163 -111. Identify obvious injuries requiring treatment;
164 -111. Discover and treat undetected injuries;
165 -111. Document the absence of injuries; and
166 -111. Provide medical documentation to protect staff members from false or exaggerated claims of injury.
167 -
168 -
169 -**AE 01_110 __JUSTIFICATION AND DOCUMENTATION__**
170 -
171 -1. Policy:
172 -11. Documentation in the Spillman computer system shall be completed for:
173 -111. Use of force events;
174 -111. Use of restraint devices in conjunction with a use of force event; and
175 -111. Any use of the following restraint devices:
176 -1111. Handcuff mitts;
177 -1111. Restraint chair;
178 -1111. Restraint board.
179 -1. Rationale:
180 -11. Events, actions, or other information which are not documented may result in greater difficulty in defending the proper use of force. Documentation is essential to preserve the following for future criminal, civil, or administrative proceedings:
181 -111. Justification for the use of force or restraints;
182 -111. What officials knew at the time;
183 -111. How the force and/or restraints were employed;
184 -111. What efforts were made to achieve compliance, maintain discipline, or assert control prior to the use of physical force or restraint devices;
185 -111. What, if any, injuries resulted to those involved;
186 -111. The actions of the those involved; and
187 -111. Other information necessary for criminal complaints and prosecution, disciplinary proceedings, and/or defense of civil litigation.
188 -1. Procedure:
189 -11. The justification of force shall be guided by the components related to the following five criteria:
190 -111. The threat reasonably perceived by staff involved;
191 -111. The need for force;
192 -111. The relationship between the need for force and the amount of force used;
193 -111. Any efforts that were made to temper the severity of a forceful response;
194 -111. The extent of any injuries suffered by the non-officer person(s) involved.
195 -11. Documentation in use of force reports shall include, at a minimum, detailed information related to the above five criteria.
196 -
197 -
198 -**AE 01_111 __VERBAL WARNINGS__**
199 -
200 -1. Verbal warnings are recommended in order to help temper the circumstances of a situation.
201 -1. It is understood that verbal warnings may not be possible and/or appropriate in all situations.
202 -1. The use of verbal warnings shall be at the discretion of the individual officer or incident commander (if applicable).
203 -
204 -
205 -**AE 01_112 __WARNING SHOTS__**
206 -
207 -1. Shall not be used.
208 -
209 -
210 -**__AE 01_113 VIDEO RECORDING__**
211 -
212 -1. All use of force situations should be video recorded whenever possible.
213 -
214 -
215 -**AE 01_14 __SAMPLE FORCE DECISION WHEEL__**
216 -
217 -[[image:Use of Force Wheel.png||height="420" width="579"]]