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County of Los Angeles Sheriff’s Department Headquarters 4700 Ramona Boulevard Monterey Park, California 91754-2169

SHERIFF’S BULLETIN

#591

Date: December 7, 2012

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. All Department personnel are required to formally acknowledge, in writing, they have read and understand the Department’s Use of Force Policy. Unit commanders are required to conduct training for all of their assigned sworn personnel, Custody Assistants, Security Assistants, and Security Officers. Unit commanders are required to place a copy of the signed acknowledgement form into each employee’s personnel file, and submit APIS Rosters to their respective Division Chief, no later than December 31, 2012. There are five main points regarding changes to the Use of Force policy: I. II. III. IV. V.

FORCE PREVENTION EFFORTS NEW FORCE DEFINITIONS AND CATEGORIES (CAT-1, CAT-2, CAT-3) THOROUGH AND TIMELY REPORTING REQUIREMENTS PROTOCOLS FOR VIEWING VIDEO OF FORCE INCIDENTS ACCOUNTABILITY TO FORCE STANDARDS AND CORE VALUES

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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. Furthermore, 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. 2. 3. 4. 5.

The extent of the injury suffered. The need for the application of force. The relationship between that need and the amount of force used. The threat reasonably perceived by responsible officials. 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: 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.

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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. 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.

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. In the past, force was categorized as either “Significant” or “Less Significant.” This policy may have unnecessarily labeled incidents based on mere categorical definitions. For example, if minimal force was applied to overcome the resistance of a suspect, yet he complained of pain, the incident was labeled as “Significant Force.” Conversely, there have been incidents where there was no indication of injury until the following day. Labeling the incident as “Less significant” could have appeared as an understatement or discounting of the seriousness of the incident. 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.

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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: 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 nonDepartment 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. These categories and additional classification options will be added to the revised SH-R-438P, Supervisor’s Report on Use of Force, which the Department will begin using January 1, 2013. An updated guide will also be included in All Forms. 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.

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 3-10/100.00 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.

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Additional requirements have also been outlined for supervisors, who are now required by policy to: Ensure that Department members who used force or witnessed force prepare required reports in a timely manner; and to review first reports and separate supplemental reports to ensure that they describe in detail the actions of the suspect necessitating the use of force and the specific force used in response to the suspect’s actions. Finally, the policy has been amended to include due dates for the timely completion of force investigations conducted at the unit level. The old policy simply stated that the Watch Commander/Supervising Lieutenant was required to complete his review and forward the package to the Unit Commander “as soon as possible.” The new policy now additionally requires this action to be completed no later than 21 days after the incident. Unit Commanders have also been tasked with ensuring that supervisors are held accountable for the quality and timeliness of all use of force investigations, and that force incidents are entered into the Preliminary Data Entry (PDE) system within 24 hours. The Unit Commander is now required to send the completed review package to his Division Chief no later than 35 days after the incident, and the entire package is due to the Discovery Unit no more than 60 days after the incident. 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.

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.

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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).

Supervisors should refer to Section 3-10/100.00 for specific policy details when dealing with force cases involving video surveillance.

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. Any personnel with questions regarding Use of Force training are encouraged to contact Captain Robert Esson at Headquarters Training Bureau, at (562) 946-7801.

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