Transcript OODA Loop

Malibu/ Lost Hills Station
FORCE POLICY 2013
FORCE POLICY 2013
There are five main points regarding changes to the Use of Force policy:
I.
FORCE PREVENTION EFFORTS
II. NEW FORCE DEFINITIONS AND CATEGORIES (CAT-1, CAT-2, CAT-3)
III. THOROUGH AND TIMELY REPORTING REQUIREMENTS
IV. PROTOCOLS FOR VIEWING VIDEO OF FORCE INCIDENTS
V. ACCOUNTABILITY TO FORCE STANDARDS AND CORE VALUES
FORCE POLICY 2013
SIGNIFICANT CHANGES TO USE OF FORCE POLICY
Effective January 1, 2013, the Sheriff’s Department is implementing
significant changes to our Use of Force Policy. The restructured Use of Force
Policy consolidates all policies and procedures relating to use of force into one
single, comprehensive, easy to understand document, located in the Manual
of Policies and Procedures, Volume 3, Chapter 10. For clarity and
convenience, the Department is also creating a link to all policies relating to
force (entitled “Force Manual”) on the Department’s Intranet.
FORCE POLICY 2013
I) FORCE PREVENTION POLICY
The Sheriff’s Department’s Use of Force Policy is based on the “objectively
reasonable” standard established by the Supreme Court decision of Graham
v. Connor, 490 U.S. 386 (1989). Objectively reasonable means that
Department members shall evaluate each situation requiring the use
of force in light of the known circumstances, including, but not
limited to, the severity of the crime at issue, whether the suspect
poses an immediate threat to the safety of the deputy
or others, and whether the suspect is actively resisting in determining the
necessity for force and the appropriate level of force.
FORCE POLICY 2013
In an inmate related ruling, Hudson v McMillian, 503 U.S. 1 (1992), the
Supreme Court of the United States identified five (5) factors to
consider when determining if force was justified:
1. The extent of the injury suffered.
2. The need for the application of force.
3. The relationship between that need and the amount of force
used.
4. The threat reasonably perceived by responsible officials.
5. Any efforts made to temper the severity of a forceful response.
To ensure consistency with established legal standards, the Sheriff’s Department
added a Force Prevention/Preamble in its Use of Force Policy, starting with
Section 3-10/000.00. The policy states:
FORCE POLICY 2013
The Los Angeles County Sheriff’s Department is committed to the sanctity and
preservation of life, human rights, and the dignity of every individual as
described in Our Core Values. Department members are sometimes required
to use force in self-defense, defense of others, and during the execution of
lawful duties. In all situations, Department members are required to conduct
themselves in accordance with lawful and constitutional standards.
As leaders on the Sheriff’s Department, all members shall view their duties in
the context of safety for themselves and others, with an emphasis on respect,
professionalism, and reverence for human life, even when force is required.
In cases where Sheriff’s Department personnel must take action to conduct
lawful duties where there is not necessarily an immediate physical threat,
members shall take into account and communicate (where applicable) tactical
considerations predicated on preventing the use of force whenever possible.
FORCE POLICY 2013
For planned tactical operations, such as service of warrants, parole
compliance searches, tactical cell extractions and prolonged passive
resistance, members shall develop a tactical plan predicated on preventing
the use of force whenever possible. Supervisors shall be present during
planned tactical operations.
Department members shall only use that level of force which is objectively
reasonable, and force should be used as a last resort. Department members
should endeavor to de-escalate confrontations through tactical
communication, warnings, and other common sense methods preventing the
need to use force whenever reasonably possible.
FORCE POLICY 2013
When force must be used, deputies and staff shall endeavor to use restraint
techniques when possible, and use only that level of force necessary for the
situation.
The Sheriff’s Department is committed to upholding lawful, professional, and
ethical standards through assertive leadership and supervision before, during,
and after force incidents. This includes force prevention efforts, effective
tactics, dispassionate and objective review, and analysis of every incident.
FORCE POLICY 2013
II. NEW FORCE DEFINITIONS AND CATEGORIES
The Sheriff’s Department continues to define force as any physical effort used to
control or restrain another, or to overcome the resistance of another.
Effective, January 1, 2013, Force shall be statistically captured as Category 1,
Category 2, or Category 3.
Category 1 encompasses specific uses of force where there is no
identifiable injury, including any force which only results in a complaint
of pain, or temporary discomfort.
Category 2 encompasses all force resulting in identifiable injuries, not
rising to the level of an Internal Affairs Bureau (IAB) roll-out.
FORCE POLICY 2013
Category 3 encompasses any force requiring an Internal Affairs Bureau
roll-out (IAB Response Team). Generally, these incidents result in
serious injury or involve a major application of force, such as use of a
firearm or head strikes with impact weapons. The specific details of
each category are defined in Section 3-10/100.00. All instances of
Category 3 Force shall be investigated by IAB and reviewed by the
Executive Force Review Committee, with an additional level of oversight
conducted by the Office of Independent Review and monitoring by
Special Counsel.
In addition to classifying a use of force as “Directed” for statistical tracking
purposes in PPI, two new classifications have also been added:
FORCE POLICY 2013
3-10/050.00 RESCUE FORCE DEFINED
When a Department member is compelled to use force in order to prevent harm
from occurring to medical staff, professional staff, or any non-Department
member, the force used in such instances shall be classified as Rescue Force.
3-10/060.00 MEDICAL ASSISTANCE FORCE DEFINED
When a Department member restrains an individual under the immediate
direction and supervision of medical staff, any force used in such instances shall
be classified as Medical Assistance Force.
Additionally, the description of certain prohibited uses of force was revised as
follows: “Deliberately or recklessly striking an individual’s head against a hard,
fixed object,” and/or “deliberately or recklessly causing their head to strike the
ground, floor, or other hard, fixed object,” are prohibited unless circumstances
justify the use of deadly force. These updates can be found in 3-10/030.00.
FORCE POLICY 2013
III) THOROUGH AND TIMELY REPORTING REQUIREMENTS
The restructured Use of Force Policy more clearly defines requirements for
thorough and timely reporting, and accountability to that standard. Section 310/100.00 in the Use of Force Policy now specifies:
All reports or memorandums required by this section shall be completed prior to
the member going off duty, unless otherwise specifically directed by the Watch
Commander/Supervising Lieutenant.
Another addition to the policy is that for all Category 3 force incidents, supervisors
shall ensure members who used force or witnessed force do not communicate with
each other about the incident, until they have prepared their report or have been
interviewed by investigators.
FORCE POLICY 2013
IV) PROTOCOLS FOR VIEWING VIDEO SURVEILLANCE OF FORCE
INCIDENTS
The Sheriff’s Department is expanding the use of video surveillance in the jails,
patrol, and throughout the Department. To uphold the public’s trust and preserve
the integrity of video evidence, the Department has developed clear policy and
protocols for viewing video surveillance of force incidents.
The policy takes into consideration the importance of preserving the integrity of a
deputy’s “state of mind” during an incident, while also recognizing that viewing a
video could refresh recollection of specific details for accurate reporting.
FORCE POLICY 2013
The policy is detailed in Section 3-10/100.00, and is summarized by the following
main points:
1. Personnel are first required to provide a written report describing the actions of
the suspect necessitating the use of force, and the specific force used in
response to the suspect’s actions;
2. Personnel may review the video and continue their report, and/or provide a
supplemental report to account for more specific details if necessary;
3. Prior to reviewing video of an incident, supervisors are required to provide
personnel with a video admonition form (3-01/110.00).
FORCE POLICY 2013
V) ACCOUNTABILITY TO FORCE STANDARDS AND CORE VALUES
Department policies regarding the use of force are based upon governing statutes
and established case law. Department members are required to understand the Use
of Force Policy, and acknowledge they will be held accountable to such standards
both criminally and administratively.
Unit commanders are required to engage their personnel in detailed briefing
sessions regarding the Department’s Use of Force Policy and Our Core Values. All
personnel are required to sign an acknowledgement that they have a copy of the
Use of Force policy, and understand they are accountable to the new standards,
and to Our Core Values.