Wiki source code of AE 01 Use of Force

Version 3.1 by Ryan Larkin on 2016/09/12 18:06

version	line-number	content
2.1	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
3.1	21	PJ 40, PJ 41, PJ 42, PJ 44a, PJ 44b, PZ 201, AE 01 08/31/2010
2.1	22
	23	Published:
	24
	25	08/31/2009
	26
	27	Review Date:
	28
3.1	29	09/12/2016
2.1	30
	31
3.1	32	Sheriff Cory C. Pulsipher
2.1	33
3.1	34	Undersheriff James Standley
2.1	35
	36
	37	__TABLE OF CONTENTS__
	38
3.1	39	AE 01_101 Definitions
2.1	40
3.1	41	AE 01_102 References
2.1	42
3.1	43	AE 01_103 General
2.1	44
3.1	45	AE 01_104 Appropriate Level and Form of Force
2.1	46
3.1	47	AE 01_105 Use of Weapons and Control Devices
2.1	48
3.1	49	AE 01_106 Deadly Force
2.1	50
3.1	51	AE 01_107 Animals
2.1	52
3.1	53	AE 01_108 Medical Follow-up
2.1	54
3.1	55	AE 01_109 Justification and Documentation
2.1	56
3.1	57	AE 01_110 Verbal Warnings
2.1	58
3.1	59	AE 01_111 Warning Shots
2.1	60
3.1	61	AE 01_112 Video Recording
2.1	62
3.1	63	AE 01_113 Sample Force Decision Wheel
2.1	64
	65
3.1	66	AE 01_101 __DEFINITIONS__
2.1	67
	68	1. WCSO: Washington County Sheriff's Office
	69	1. PCF: Purgatory Correctional Facility
	70	1. Force: Physical or mechanical exertion to overcome or restrain an individual against his/her will.
	71	1. Deadly Force (a.k.a. Lethal Force): Any force that is reasonably likely to cause death or serious bodily injury.
	72	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.
	73	1. Restraint Device: Any device used to secure or control the hands, arms, feet, legs, head, or torso of a prisoner.
	74
3.1	75	AE 01_102 __REFERENCES__
2.1	76
	77	1. Utah Counties Insurance Pool:
	78	11. ML-IV.A.1.
	79	1. Utah Sheriff's Association Jail Standards:
	80	11. F05.01.01: Written Use of Force Policies and Procedures Required
	81	11. F05.01.02: Use of Force Policy Content
	82	11. F05.02.01: Purpose of Use of Force
	83	11. F05.02.02: Use of Deadly Force
	84	11. F05.02.03: Prohibited Use of Force
	85	11. F05.04.01: Medical Examination and Treatment Following Use of Force/Restraint
	86	11. F05.04.02: Documentation Requirements
	87
3.1	88	AE 01_103 __GENERAL__
2.1	89
3.1	90	1. Policy:
2.1	91	11. Force shall be used in a reasonable manner consistent with state and federal laws.
	92	11. The use of force is authorized for the purposes of:
	93	111. Self-defense;
	94	111. Protection of others;
	95	111. Preventing escapes;
	96	111. Restoring and maintaining order and discipline;
	97	111. Overcoming resistance to lawful orders;
	98	111. Protection of property;
	99	111. As detailed in section: MEDICAL FOLLOW-UP.
	100	11. Officers shall not use force:
	101	111. As a punishment;
	102	111. In a purposeless, malicious, or sadistic manner; or
	103	111. For the very purpose of causing harm.
	104	1. Rationale:
3.1	105	11. The constitutions and laws of the United States and State of Utah protect individuals 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.
2.1	106	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.
	107	11. Use of force in violation of the limitations herein may violate the constitutional rights of the individual against whom the force is used.
	108
3.1	109	AE 01_104 __APPROPRIATE LEVEL AND FORM OF FORCE__
2.1	110
	111	1. Policy:
	112	11. Staff shall use the lowest level of force necessary to accomplish the lawful intentions of the use of force.
	113	1. Rationale:
	114	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.
	115	1. Procedure:
	116	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.
3.1	117	11. The options available by the Force Decision Wheel should be specific to the training of the individual officer.
2.1	118
3.1	119	AE 01_105 __USE OF WEAPONS AND CONTROL DEVICES__
2.1	120
3.1	121	1. Policy:
	122	11. Officers should include all weapons and control devices that they have received training for in their individualized Force Decision Wheel.
	123	11. Officers should not ordinarily use weapons and control devices that they have not received training on.
2.1	124
3.1	125	AE 01_106 __DEADLY FORCE__
2.1	126
	127	1. Policy:
	128	11. Deadly force shall be limited to:
	129	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;
	130	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
3.1	131	111. As detailed in the following section ((% class="marker" %)AE 01_107(%%)).
2.1	132	1. Rationale:
	133	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.
	134
3.1	135	AE 01_107 __ANIMALS__
2.1	136
3.1	137	1. Policy:
	138	11. Officers may use deadly force to destroy an animal when the animal:
	139	111. Presents a threat to public safety;
	140	111. Is seriously injured (humane action).
	141	11. 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.
	142	11. 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.
2.1	143
3.1	144	AE 01_108 __MEDICAL FOLLOW-UP__
2.1	145
	146	1. Policy:
	147	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.
	148	1. Rationale:
3.1	149	11. Timely treatment of serious medical needs is constitutionally required for all individuals. Medical examination shall be provided for involved persons as soon as reasonably feasible following a use of force action to:
2.1	150	111. Identify obvious injuries requiring treatment;
	151	111. Discover and treat undetected injuries;
	152	111. Document the absence of injuries; and
	153	111. Provide medical documentation to protect staff members from false or exaggerated claims of injury.
	154
3.1	155	AE 01_109 __JUSTIFICATION AND DOCUMENTATION__
2.1	156
	157	1. Policy:
	158	11. Documentation in the Spillman computer system shall be completed for:
	159	111. Use of force events;
	160	111. Use of restraint devices in conjunction with a use of force event; and
	161	111. Any use of the following restraint devices:
	162	1111. Handcuff mitts;
	163	1111. Restraint chair;
	164	1111. Restraint board.
	165	1. Rationale:
	166	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:
	167	111. Justification for the use of force or restraints;
	168	111. What officials knew at the time;
	169	111. How the force and/or restraints were employed;
	170	111. What efforts were made to achieve compliance, maintain discipline, or assert control prior to the use of physical force or restraint devices;
	171	111. What, if any, injuries resulted to those involved;
	172	111. The actions of the those involved; and
	173	111. Other information necessary for criminal complaints and prosecution, disciplinary proceedings, and/or defense of civil litigation.
	174	1. Procedure:
	175	11. The justification of force shall be guided by the components related to the following five criteria:
	176	111. The threat reasonably perceived by staff involved;
	177	111. The need for force;
	178	111. The relationship between the need for force and the amount of force used;
	179	111. Any efforts that were made to temper the severity of a forceful response;
	180	111. The extent of any injuries suffered by the non-officer person(s) involved.
	181	11. Documentation in use of force reports shall include, at a minimum, detailed information related to the above five criteria.
	182
3.1	183	AE 01_110 __VERBAL WARNINGS__
2.1	184
3.1	185	1. Policy:
	186	11. Verbal warnings are recommended in order to help temper the circumstances of a situation.
	187	11. It is understood that verbal warnings may not be possible and/or appropriate in all situations.
	188	11. The use of verbal warnings shall be at the discretion of the individual officer.
2.1	189
3.1	190	AE 01_111 __WARNING SHOTS__
2.1	191
3.1	192	1. Policy:
	193	11. Warning shots should not be used.
2.1	194
3.1	195	AE 01_112 __VIDEO RECORDING__
2.1	196
3.1	197	1. Policy:
	198	11. All use of force situations should be video recorded whenever possible.
2.1	199
3.1	200	AE 01_113 __SAMPLE FORCE DECISION WHEEL__
2.1	201
3.1	202	Attached
2.1	203
	204	[[image:Use of Force Wheel.png\|\|height="420" width="579"]]