Metro East Police District Policy Manual

Transcription

1 CHIEFS' PREFACE The provides the framework to perform our law enforcement mission. These policies have been established as a result of an ever-changing assimilation of legal principles and best-practice principles in the law enforcement profession. These policies, coupled with professional training, provide you with the tools to carry out your law enforcement responsibilities and mission. We are tasked with providing effective services to our community in a professional and ethical manner. All members of the East Saint Louis, Alorton, Brooklyn and Washington Park Police Departments are held to the highest standard by the citizens we serve and adherence to these policies is one of the requirements of these standards. We are honored to serve with outstanding officers to improve the public safety of our communities. Chief of Police of East Saint Louis Chief of Police of Alorton Chief of Police of Brooklyn Chief of Police of Washington Park

2 Law Enforcement Code of Ethics As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession... law enforcement.

3 MISSION STATEMENT OF THE METRO EAST POLICE DISTRICT COMMISSION Under Illinois law, 70 ILCS 1750, there is created within the County of St. Clair a special district, named the. The territory of the District shall include the City of East Saint Louis, the Village of Washington Park, the Village of Alorton, and the Village of Brooklyn. The District is created to advance the cause of public safety and law enforcement for the residents of the District. The governing and administrative powers of the are vested in a body politic and corporate named the Commission, whose powers include establishing, by resolution, rules and regulations that the police departments within the District may adopt. Any police department located within the that does not adopt any rule or regulation established by resolution by the Commission shall not be eligible to receive funds from the Metro East Police District Fund and may not be approved for applications of federal, state, local or private funding for the purposes of law enforcement within the District. It is the mission of the Commission to raise and hold these Departments to the highest standards of the law enforcement profession on behalf the citizens of East Saint Louis, Alorton, Brooklyn and Washington Park. For the purposes of accomplishing that mission, the policies contained herein have been written and approved by a resolution of the Commission.

4 Table of Contents CHIEFS' PREFACE...1 Law Enforcement Code of Ethics...2 MISSION STATEMENT OF THE METRO EAST POLICE DISTRICT COMMISSION...3 Chapter 1 - Law Enforcement Role and Authority Law Enforcement Authority Chief Executive Officer Oath of Office Chapter 2 - Organization and Administration Organizational Structure and Responsibility Departmental Directive Emergency Management Plan Electronic Mail Administrative Communications Retired Officer Concealed Carry Chapter 3 - General Operations Use of Force Use of Force Review Boards Handcuffing and Restraints Control Devices and Techniques Conducted Energy Device Officer-Involved Shooting Firearms and Qualification Vehicle Pursuit Policy Officer Response to Calls Canines Domestic Violence Search and Seizure Temporary Custody of Juveniles Elder Abuse Discriminatory Harassment Child Abuse Missing Persons Public Alerts Victim and Witness Assistance Hate Crimes Conduct Department Technology Use Table of Contents - 4

5 344 - Report Preparation News Media Relations Court Appearance and Subpoenas Auxiliary Officers Mutual Aid and Outside Agency Assistance JOINT PATROL AND INVESTIGATIONS BY DEPARTMENTS WITHIN THE METRO EAST POLICE DISTRICT Registered Offender Information Major Incident Notification Death Investigation Identity Theft Limited English Proficiency Services Communications with Persons with Disabilities Chaplains Public Safety Camera System Child and Dependent Adult Safety Service Animals Abandoned Newborn Infant Protection Volunteer Program Off-Duty Law Enforcement Actions Sex Assaults SEX ASSAULTS OF MINORS Chapter 4 - Patrol Operations Patrol Function Racial- or Bias-Based Profiling Roll Call Training Crime and Disaster Scene Integrity Ride-Along Policy Hazardous Material Response Hostage and Barricade Incidents Response to Bomb Calls Mental Illness Commitments Cite and Release Policy Arrest or Detention of Foreign Nationals Rapid Response And Deployment Policy Reporting Law Enforcement Activity Outside of Jurisdiction Immigration Violations Emergency Utility Service Patrol Rifles Aircraft Accidents Field Training Officer Program Obtaining Air Support Assistance Detentions And Photographing Detainees Criminal Street Gangs Table of Contents - 5

6 444 - Shift Commanders Mobile Audio Video Mobile Digital Terminal Use Use of Audio/Video Recorders Bicycle Patrol Unit Citation Dismissal, Correction, and Voiding Foot Pursuit Policy Homeless Persons Chapter 5 - Traffic Operations Traffic Function and Responsibility Traffic Crash Reporting Vehicle Towing Policy Vehicle Tow, Storage and Impound Hearings Impaired Driving Disabled Vehicles Abandoned or Derelict Vehicle Violations Chapter 6 - Investigation Operations Investigation and Prosecution Asset Forfeiture Confidential Informants Felony Investigation Discovery Eyewitness Identification Brady Material Disclosure Chapter 7 - Equipment Department Owned and Personal Property Personal Communication Devices Vehicle Maintenance Vehicle Use Chapter 8 - Support Services Communication Operations Property and Evidence central records Procedures Restoration of Firearm Serial Numbers Records Release and Security Illinois Law Enforcement Agencies Data System (LEADS) Computers and Digital Evidence Jeanne Clery Campus Security Act Chapter 9 - Custody Temporary Holding Facility Custody Searches Prison Rape Elimination Table of Contents - 6

7 Chapter 10 - Personnel Recruitment and Selection Evaluation of Employees Promotional and Transfer Policy Grievance Procedure Reporting of Employee Convictions Drug- and Alcohol-Free Workplace Sick Leave Reporting Communicable Diseases Smoking and Tobacco Use Personnel Complaints Seat Belts Body Armor Peace Officer Personnel Files Request for Change of Assignment Commendations and Awards Fitness for Duty Meal Periods, Breaks, Restricted Leave Lactation Break Policy Payroll Record Procedures Overtime Compensation Requests Outside Employment On Duty Injuries Personal Appearance Standards Uniform Regulations Nepotism and Conflicting Relationships Department Badges Modified Duty Assignments Performance History Audits Employee Speech, Expression and Social Networking Table of Contents - 7

8 Chapter 1 - Law Enforcement Role and Authority

9 Policy 100 Law Enforcement Authority PURPOSE AND SCOPE Law enforcement officers are granted the authority to perform their function based on established legal authority. This department does not tolerate abuse of law enforcement authority PEACE OFFICER POWERS The authority of a person who by virtue of his/her office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State (720 ILCS 5/2-13) AUTHORITY TO ARREST A peace officer may arrest a person when: The peace officer has a warrant commanding that such person be arrested; or The peace officer has reasonable grounds to believe that a warrant for the person's arrest has been issued in this State or in another jurisdiction; or The peace officer has reasonable grounds to believe that the person is committing or has committed an offense (725 ILCS 5/107-2) CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person's clearly established rights under the federal and state Constitutions. Law Enforcement Authority - 9

10 Policy 102 Chief Executive Officer PURPOSE AND SCOPE The Illinois Law Enforcement Training Standards Board (ILETSB) has mandated that all sworn officers within the State of Illinois receive certification and training within prescribed time periods CHIEF EXECUTIVE OFFICER REQUIREMENTS Any Chief Executive Officer and Deputy Police Chief of this department must complete a minimum of 20 hours of certified training annually as prescribed by the Illinois Police Training Act (50 ILCS 705/10.7). The sole authority to issue certificates of appointment shall be vested in the City and all certificates of appointments issued to any officer or member of the police department of a municipality shall be signed by the presiding authority of the City, upon appointment of such officer or member of the police department of such municipality by action of the City (65 ILCS 5/ ). Chief Executive Officer - 10

11 Policy 104 Oath of Office PURPOSE AND SCOPE Officers of this department are sworn to uphold the federal and state constitutions and to enforce federal, state and local laws OATH OF OFFICE Upon employment, all sworn employees shall be required to swear or affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer. Oath of Office - 11

12 Policy PURPOSE AND SCOPE The manual of the is hereby established and shall be referred to as The ". The is a statement of the current policies, procedures, rules, and guidelines of this department. All employees are to conform to the provisions of this manual. All prior and existing manuals, orders, and regulations which are in conflict with this manual are revoked, except to the extent that portions of existing manuals, orders, and other regulations which have not been included herein shall remain in effect where they do not conflict with the provisions of this manual. Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized, however, that police work is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident DISCLAIMER The provisions contained in this are not intended to create an employment contract, nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the and shall not be construed to create a higher standard or duty of care for civil or criminal liability against any municipality, its officials or employees. Violations of any provision of any policy contained within this manual shall only form the basis for departmental administrative action, training or discipline. The reserves the right to revise any policy content, in whole or in part RESPONSIBILITIES The ultimate responsibility for the contents of the manual rests with the Metro East Police District Commission and the Chiefs of Police CHIEF OF POLICE The Chief of Police shall be considered the ultimate authority for the provisions of this manual and shall continue to issue Departmental Directives which shall modify those provisions of the manual to which they pertain. Departmental Directives shall remain in effect until such time as they may be permanently incorporated into the manual. Since it is not practical for the Chief of Police to prepare and maintain the manual, delegation of various tasks are made to other staff members STAFF Staff shall consist of the following: Chief of Police The Captain from each division or designee(s) of the Chief of Police The staff shall review all recommendations regarding proposed changes to the manual at staff meetings. - 12

13 OTHER PERSONNEL All Department employees suggesting revision of the contents of the shall forward their suggestion, in writing, through the chain of command who will consider the recommendation and forward to the Chief of Police or the Commission FORMATTING CONVENTIONS FOR THE POLICY MANUAL The purpose of this section is to provide examples of abbreviations and definitions used in this manual ACCEPTABLE ABBREVIATIONS The following abbreviations are acceptable substitutions in the manual: Departmental Directives may be abbreviated as DD sections may be abbreviated as Section 106.X or 106.X DEFINITIONS The following words and terms shall have these assigned meanings, unless it is apparent from the content that they have a different meaning: Adult - Any person 21 years of age or older. CFR - Code of Federal Regulations. City - municipalities within the District. Delinquent Minor - Any minor who, prior to his/her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or state law, county or municipal ordinance, and any minor who prior to his/her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, State, county or municipal law or ordinance classified as a misdemeanor offense. Department - Police Departments within the. Dependent Minor - A person under the age of 18 years who is not an emancipated minor and is without parent, guardian or legal custodian or who is without proper care because of the physical or mental disability of his/her parent, guardian, or custodian, or who is without proper medical or other remedial care. Employee/Personnel - Applies to any person employed by the Department. IDOT - The Illinois Department of Transportation. ILETSB - The Illinois Law Enforcement Training Standards Board (50 ILCS 705/1). Juvenile - Any person under the age of 18 years. Law enforcement officer - Any officer of a local governmental agency who is primarily responsible for prevention or detection of crime and the enforcement of the criminal code, traffic, or highway laws of this State or any political subdivision thereof. Manual - Refers to the. May - Indicates a permissive, discretionary or conditional action. - 13

14 Member - Any person who is employed or appointed by a police department within the, including sworn officers, civilian employees and volunteers. Minor Any person under the age of 21 years. Civilian - Employees and volunteers who are not sworn peace officers. Officer/Sworn - Those employees, regardless of rank, who are sworn employees of departments within the. On-Duty - Employee status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. Part-time police officer - A law enforcement officer who has completed his/her probationary period and is employed on a part-time basis as a law enforcement officer. Rank - The job classification title held by an employee. Shall or Will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. USC - United States Code DISTRIBUTION OF MANUAL Copies of the shall be distributed to the following: Chief of Police Captains Administrative Lieutenant Administrative Sergeant Personnel and Training Bureau Shift Commander Field Sergeant's Office Detective Bureau Officer's Report Room. Temporary Holding Facility An electronic version of the will be made available to all employees on the Department network. The electronic version will be limited to the viewing and printing of specific sections. No changes shall be made to the electronic version without authorization MANUAL ACCEPTANCE As a condition of employment, all employees are required to read and obtain necessary clarification of this department's policies. All employees required to sign a statement of receipt acknowledging that they have received a copy, or have been provided access to the and understand they are responsible to read and become familiar with its contents - 14

15 POLICY MANUAL REVISIONS All employees are responsible for keeping abreast of all revisions. All changes to the will be posted on the Department Intranet Home Page under the title Recent Revisions. The Training Officer will forward revisions to the as needed to all personnel via electronic mail. Each employee shall acknowledge receipt by return , review the revisions and seek clarification as needed. Each unit commander/manager will ensure that employees under his/her command are aware of relevant revisions. - 15

16 Chapter 2 - Organization and Administration

17 Policy 200 Organizational Structure and Responsibility PURPOSE AND SCOPE The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public DIVISIONS The Chief of Police is responsible for administering and managing their Department within the. Each department may have divisions within their Police Department as follows based on each department's manning and needs: Administration Division Operations Division Investigation Division ADMINISTRATION DIVISION The Administration Division is commanded by the designee of the Chief of Police whose primary responsibility is to provide general management direction and control for the Administration Division. The Administration Division consists of Technical Services and Administrative Services OPERATIONS DIVISION The Operations Division is commanded by the designee of the Chief of Police whose primary responsibility is to provide general management direction and control for that Division. The Operations Division may consist of Uniformed Patrol and Special Operations, which includes Traffic, Communications Center and Police Aides/Assistants CRIMINAL INVESTIGATIONS DIVISION The Investigation Division is commanded by a Captain whose primary responsibility is to provide general management direction and control for the Investigation Division. The Investigation Division consists of the Investigations Bureau, Crime Analysis Unit, Property Bureau, and Forensic Services COMMAND PROTOCOL SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During planned absences the Chief of Police will designate a subordinate to serve as the acting Chief of Police. Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: Uniform Patrol Division Commander Criminal Investigations Division Commander Administration Division Commander Organizational Structure and Responsibility - 17

18 Organizational Structure and Responsibility Shift Commander UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., K-9, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists ORDERS Members shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority. Organizational Structure and Responsibility - 18

19 Policy 204 Departmental Directive PURPOSE AND SCOPE Departmental Directives establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes to policy and procedure consistent with personnel rules and applicable guidelines. Departmental Directives will immediately modify or supersede sections of this manual to which they pertain DEPARTMENTAL DIRECTIVE PROTOCOL Departmental Directives will be incorporated into the manual as required upon approval of Staff. Departmental Directives will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing Departmental Directives have now been incorporated in the updated Policy Manual as of the below revision date. Any Departmental Directives issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year. For example, signifies the first Departmental Directive for the year RESPONSIBILITIES STAFF The staff shall review and recommend Departmental Directive for incorporation as revisions to the ACCEPTANCE OF DEPARTMENTAL DIRECTIVES All employees are required to read and obtain any necessary clarification of all Departmental Directives. All employees are required to acknowledge in writing the receipt and review any new Departmental Directive. Signed acknowledgement forms and/or receipts showing an employee's acknowledgement will be maintained by the Training Officer. Departmental Directive - 19

20 Policy 206 Emergency Management Plan PURPOSE AND SCOPE The City has prepared an Emergency Management Plan Manual for use by all employees in the event of a major disaster or other emergency event. The manual provides for a strategic response by all employees and assigns specific responsibilities in the event the plan is activated ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated in a number of ways. For the Police Department, the Chief of Police or the highest ranking official on duty may activate the Emergency Management Plan in response to a major emergency RECALL OF PERSONNEL In the event that the Emergency Management Plan is activated, all employees of the departments within the are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee. Failure to promptly respond to an order to report for duty may result in discipline LOCATION OF MANUALS Manuals are available in Administration and the Shift Commander's office. All supervisors should familiarize themselves with the Emergency Management Plan and what roles personnel will play when the plan is implemented BUILDING EVACUATION PLAN In the event of a disaster or emergency which requires evacuation of the public safety services building, all employees shall follow implemented evacuation plans and posted exit strategies. The posted exit strategies shall include any special directions for physically impaired employees UPDATING OF MANUALS The Chief of Police or designee shall review and update, if necessary, the Emergency Management Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS). Emergency Management Plan - 20

21 Policy 212 Electronic Mail PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of electronic mail ( ) by employees of the Department's electronic ( ) system by employees of this department. is a communication tool available to employees to enhance efficiency in the performance of job duties and is to be used in accordance with generally accepted business practices and current law (e.g., Illinois Freedom of Information Act). Messages transmitted over the system must only be those that involve official business activities or contain information essential to employees for the accomplishment of business-related tasks and/or communication directly related to the business, administration, or practices of the Department RIGHT OF PRIVACY All messages, including any attachments, that are transmitted over department networks are considered department records and therefore are department property. The Department reserves the right to access, audit or disclose, for any lawful reason, any message, including any attachment, that is transmitted over its system or that is stored on any department system. The system is not a confidential system and therefore is not appropriate for confidential communications. If a communication must be confidential, an alternative method to communicate the message should be used. Employees using the department system shall have no expectation of privacy concerning communications transmitted over the system. Employees should not use personal accounts to exchange or other information that is related to the official business of the Department PROHIBITED USE OF Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing, or any other inappropriate messages on the system is prohibited and will not be tolerated and may result in discipline. messages addressed to the entire department are only to be used for official business related items that are of particular interest to all users and must be approved by the Chief of Police or a designee. Personal advertisements are not acceptable. It is a violation of this policy to transmit a message under another user's name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure should minimize the misuse of an individual's , name and/or password by others MANAGEMENT OF Because the system is not designed for long-term retention of messages, that the employee desires to save or that becomes part of an official record should be printed and/or stored in another database. Users of are solely responsible for the management of their mailboxes. Messages should be purged manually by the user at least Electronic Mail - 21

22 Electronic Mail once per week. All messages stored in excess of one month will be deleted at regular intervals from the server computer. Electronic Mail - 22

23 Policy 214 Administrative Communications PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies MEMORANDUMS Memorandums may be issued periodically by the Chief of Police to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status CORRESPONDENCE In order to ensure that the letterhead and name of the Department are not misused, all external correspondence shall be on Department letterhead. All Department letterhead shall bear the signature element of the Chief of Police. Personnel should use Department letterhead only for official business and with approval of their supervisor SURVEYS All surveys made in the name of the Department shall be authorized by the Chief of Police or his or her designee. Administrative Communications - 23

24 Policy 220 Retired Officer Concealed Carry PURPOSE AND SCOPE The purpose of this policy is to outline the process and conditions associated with the issuance, revocation, and denial of a Concealed Carry (CC) endorsement for retired officers of this department QUALIFIED RETIREES Any full-time sworn officer of this department who was authorized to, and did, carry a concealed firearm during the course and scope of their employment may submit an application and required materials to the Illinois Retired Officer Concealed Carry (IROCC) Office. Information is available on the IROCC website MAINTAINING A IROCC CERTIFICATION In order to maintain IROCC certification, the retired officer shall conform with all requirements, including annual firearm certification, as required by state law and ILETSB CARRYING FIREARMS OUT OF STATE Subject to 18 USC 926C and the Firearms and Qualification Policy, qualified retired officers of this department may be authorized to carry a concealed weapon in other states. Retired Officer Concealed Carry - 24

25 Chapter 3 - General Operations

26 Policy 300 Use of Force PURPOSE AND SCOPE This policy provides 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, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained POLICY 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 interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor USE OF FORCE 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 accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force Use of Force - 26

27 Use of Force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force USE OF FORCE TO EFFECT AN ARREST An officer may use any force which he/she reasonably believes to be necessary to effect an arrest and may use any force which he/she reasonably believes to be necessary to defend him/herself or another from bodily harm while making an arrest (720 ILCS 5/7-5) FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) Immediacy and severity of the threat to officers or others. The conduct of the individual being confronted, as reasonably perceived by the officer at the time. Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). The effects of drugs or alcohol. Subject's mental state or capacity. Proximity of weapons or dangerous improvised devices. The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. The availability of other options and their possible effectiveness. Seriousness of the suspected offense or reason for contact with the individual. Training and experience of the officer. Potential for injury to officers, suspects and others. Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. The risk and reasonably foreseeable consequences of escape. The apparent need for immediate control of the subject or a prompt resolution of the situation. Use of Force - 27

28 Use of Force (o) (p) (q) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. Prior contacts with the subject or awareness of any propensity for violence. Any other exigent circumstances PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider: The degree to which the application of the technique may be controlled given the level of resistance. Whether the person can comply with the direction or orders of the officer. Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved CAROTID CONTROL HOLD The proper application of the carotid control hold may be effective in restraining a violent or combative individual. However, due to the potential for injury, the use of the carotid control hold is subject to the following: The officer shall have successfully completed department-approved training in the use and application of the carotid control hold. The carotid control hold may only be used when circumstances perceived by the officer at the time indicate that such application reasonably appears necessary to control a person in any of the following circumstances: 1. The subject is violent or physically resisting. 2. The subject, by words or actions, has demonstrated an intention to be violent and reasonably appears to have the potential to harm officers, him/herself or others. (e) The application of a carotid control hold on the following individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective, or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of applying a carotid control hold: 1. Females who are known to be pregnant 2. Elderly individuals 3. Obvious juveniles Any individual who has had the carotid control hold applied, regardless of whether he/she was rendered unconscious, shall be promptly examined by paramedics or other qualified medical personnel and should be monitored until examined by paramedics or other appropriate medical personnel. 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 control hold and whether the subject lost consciousness as a result. Use of Force - 28

29 Use of Force (f) (g) Any officer attempting or applying the carotid control hold shall promptly notify a supervisor of the use or attempted use of such hold. The use or attempted use of the carotid control hold shall be thoroughly documented by the officer in any related reports DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes any of the following: 1. The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2. The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle REPORTING THE USE OF FORCE Any use of 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 officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure or law NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: The application caused a visible injury. The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. Use of Force - 29

30 Use of Force (e) (f) (g) (h) (i) The individual subjected to the force complained of injury or continuing pain. The individual indicates intent to pursue litigation. Any application of an TASER device or control device. Any application of a restraint device other than handcuffs, shackles or belly chains. The individual subjected to the force was rendered unconscious. An individual was struck or kicked. An individual alleges any of the above has occurred MEDICAL CONSIDERATION Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor, or if not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called excited delirium ), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. Ensure that any injured parties are examined and treated. When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply: 1. The content of the interview should not be summarized or included in any related criminal charges. Use of Force - 30

31 Use of Force 2. The fact that a recorded interview was conducted should be documented in a property or other report. 3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (e) (f) (g) (h) Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. Identify any witnesses not already included in related reports. Review and approve all related reports. Determine if there is any indication that the subject may pursue civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. 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 SHIFT COMMANDER OR POLICE CHIEF RESPONSIBILITY The Shift Commander of the Chief of Police or his or her designee shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. Use of Force - 31

32 Policy 302 Use of Force Review Boards PURPOSE AND SCOPE This policy establishes a process for departments within the to review the use of force by its employees. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force POLICY Departments within the will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever an employee's actions or use of force in an official capacity, or while using department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case REVIEW BOARD The Use of Force Review Board will be convened when the use of force by a member results in very serious injury or death to another. The Use of Force Review Board will also investigate and review the circumstances surrounding every discharge of a firearm, whether the employee was on- or off-duty, excluding training or recreational use. The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident. The involved employee's supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board COMPOSITION OF THE BOARD The Chief should select five Use of Force Review Board members from the following, as appropriate: Representatives of other divisions Commanding officer in the involved member's chain of command Training Officer Non-administrative supervisor A peer officer A sworn peace officer from an outside law enforcement agency Department instructor for the type of weapon, device or technique used Use of Force Review Boards - 32