AE 01 Use of Force

Washington County Sheriff's Office

ADMINISTRATIVE DIVISION

Policy Manual

Volume:

Use of Force

Chapter:

AE 01

Use of Force

Replaces and/or Supersedes:

PJ 40, PJ 41, PJ 42, PJ 44a, PJ 44b, PZ 201

Published:

08/31/2009

Review Date:

08/31/2010 County Commission

Sheriff Kirk Smith County Attorney's Office

Undersheriff Jake Adams

TABLE OF CONTENTS

AE 01_101  Distribution

AE 01_102  Definitions

AE 01_103  References

AE 01_104  General

AE 01_105  Appropriate Level and Form of Force

AE 01_106  Use of Weapons and Control Devices

AE 01_107  Deadly Force

AE 01_108  Animals

AE 01_109  Medical Follow-up

AE 01_110  Justification and Documentation

AE 01_111  Verbal Warnings

AE 01_112  Warning Shots

AE 01_113  Video Recording

AE 01_114  Sample Force Decision Wheel

AE 01_101  DISTRIBUTION

1. Standard distribution

AE 01_102  DEFINITIONS

1. WCSO:  Washington County Sheriff's Office
2. PCF:  Purgatory Correctional Facility
3. Force:  Physical or mechanical exertion to overcome or restrain an individual against his/her will.
4. Deadly Force (a.k.a. Lethal Force):  Any force that is reasonably likely to cause death or serious bodily injury.
5. 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.
6. Restraint Device:  Any device used to secure or control the hands, arms, feet, legs, head, or torso of a prisoner.

AE 01_103  REFERENCES

1. Utah Counties Insurance Pool:
   1. ML-IV.A.1.
2. Utah Sheriff's Association Jail Standards:
   1. F05.01.01:  Written Use of Force Policies and Procedures Required
   2. F05.01.02:  Use of Force Policy Content
   3. F05.02.01:  Purpose of Use of Force
   4. F05.02.02:  Use of Deadly Force
   5. F05.02.03:  Prohibited Use of Force
   6. F05.04.01:  Medical Examination and Treatment Following Use of Force/Restraint
   7. F05.04.02:  Documentation Requirements

AE 01_104  GENERAL

1. It is the policy of the WCSO that:
   1. Force shall be used in a reasonable manner consistent with state and federal laws.
   2. The use of force is authorized for the purposes of:
      1. Self-defense;
      2. Protection of others;
      3. Preventing escapes;
      4. Restoring and maintaining order and discipline;
      5. Overcoming resistance to lawful orders;
      6. Protection of property;
      7. As detailed in section: MEDICAL FOLLOW-UP.
   3. Officers shall not use force:
      1. As a punishment;
      2. In a purposeless, malicious, or sadistic manner; or
      3. For the very purpose of causing harm.
2. Rationale:
   1. 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.
   2. 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.
   3. Use of force in violation of the limitations herein may violate the constitutional rights of the individual against whom the force is used.

AE 01_105  APPROPRIATE LEVEL AND FORM OF FORCE

1. Policy:
   1. Staff shall use the lowest level of force necessary to accomplish the lawful intentions of the use of force.
2. Rationale:
   1. 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.
3. Procedure:
   1. 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.
   2. 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.

AE 01_106  USE OF WEAPONS AND CONTROL DEVICES

1. Officers should include all weapons and control devices that they have received training for in their individualized Force Decision Wheel.
2. Officers should not ordinarily use weapons and control devices that they have not received training on.

AE 01_107  DEADLY FORCEU

1. Policy:
   1. Deadly force shall be limited to:
      1. 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;
      2. Protecting or rescuing a hostage;
      3. 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
      4. As detailed in the following section (AE 01_02.05).
2. Rationale:
   1. 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.

AE 01_108  ANIMALS

1. Officers may use deadly force to destroy an animal when the animal:
   1. Presents a threat to public safety;
   2. Is seriously injured (humane action).
2. 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.
3. 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.

AE 01_109  MEDICAL FOLLOW-UP

1. Policy:
   1. 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.
2. Rationale:
   1. 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:
      1. Identify obvious injuries requiring treatment;
      2. Discover and treat undetected injuries;
      3. Document the absence of injuries; and
      4. Provide medical documentation to protect staff members from false or exaggerated claims of injury.

AE 01_110  JUSTIFICATION AND DOCUMENTATION

1. Policy:
   1. Documentation in the Spillman computer system shall be completed for:
      1. Use of force events;
      2. Use of restraint devices in conjunction with a use of force event; and
      3. Any use of the following restraint devices:
         1. Handcuff mitts;
         2. Restraint chair;
         3. Restraint board.
2. Rationale:
   1. 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:
      1. Justification for the use of force or restraints;
      2. What officials knew at the time;
      3. How the force and/or restraints were employed;
      4. What efforts were made to achieve compliance, maintain discipline, or assert control prior to the use of physical force or restraint devices;
      5. What, if any, injuries resulted to those involved;
      6. The actions of the those involved; and
      7. Other information necessary for criminal complaints and prosecution, disciplinary proceedings, and/or defense of civil litigation.
3. Procedure:
   1. The justification of force shall be guided by the components related to the following five criteria:
      1. The threat reasonably perceived by staff involved;
      2. The need for force;
      3. The relationship between the need for force and the amount of force used;
      4. Any efforts that were made to temper the severity of a forceful response;
      5. The extent of any injuries suffered by the non-officer person(s) involved.
   2. Documentation in use of force reports shall include, at a minimum, detailed information related to the above five criteria.

AE 01_111  VERBAL WARNINGS

1. Verbal warnings are recommended in order to help temper the circumstances of a situation.
2. It is understood that verbal warnings may not be possible and/or appropriate in all situations.
3. The use of verbal warnings shall be at the discretion of the individual officer or incident commander (if applicable).

AE 01_112  WARNING SHOTS

1. Shall not be used.

AE 01_113  VIDEO RECORDING

1. All use of force situations should be video recorded whenever possible.

AE 01_14  SAMPLE FORCE DECISION WHEEL