5.11 Use of Force Pursuant Section 1357

 

Chapter 5
Section 5.11
Subject Use of Force Pursuant Section 1357
Effective Date 12/4/2023
  1. This policy was developed in the cooperation with the responsible physician and provides guidance and direction in the use of force by Juvenile Hall sworn personnel in the lawful performance of their duties.  Force shall never be applied as punishment, discipline, retaliation, or treatment.
  2. DEFINITIONS
    1. Physical Force:  The use of hands, other parts of the body, objects, instruments, chemical devices, or other physical methods to restrain, subdue, or to compel youth to act in a particular way, or to stop acting in a particular way.   Pointing oleoresin capsicum (OC pepper spray) or other approved force instrument at a person for the purposes of gaining control or compliance is a reportable action under this policy.
    2. Non-Deadly Force:  Physical force other than deadly force.  A type or amount of force that does not carry a substantial risk of causing death.
    3. Deadly Force: Physical force that has substantial risk of causing death.
    4. Reactive Use of Force:  The use of force in situations where time and circumstances do not permit approval by higher-ranking staff, or consultation or planning.  Situations which may call for the reactive use of force include, but are not limited to, a youth climbing the perimeter fence, a youth beating another youth or staff member in front of an officer, a youth repeatedly battering his head into a concrete wall, a youth attacking a JSO, or a spreading riot.
    5. Planned Use of Force:  The use of force in situations where time and circumstances allow for consultation with, and approval by, higher ranking staff, and where there is some opportunity to plan the actual use of force.
    6. Corporal Punishment:  The use of physical force for the purpose of punishment.
    7. Reasonable Force:  The use of physical force to achieve a legitimate correctional objective, where the type and amount of force are consistent with the situation and the objective to be achieved; and where alternatives to physical force are unavailable or ineffective; and where the force used is reasonable and necessary to control the situation to ensure the safety and security of youth, staff, others, and the facility.
    8. Excessive Force:  A type or amount of force beyond that which is reasonably necessary to control the situation and achieve the correctional objectives; or the continued use of force after it is no longer reasonably necessary.
    9. Imminent Threat: an immediate threat which could reasonably be expected to cause serious physical harm or death. 
    10.  Supervisor:  When this use of force policy refers to supervisory approval or supervisory direction, it is intended to include higher ranks within the security series, probation supervisors and managers.
    11. Security Restraints:  Handcuffs, flex cuffs, leg irons, belly chains, and similar equipment designed to prevent a youth from escape or from injuring others, and/or to restrict his or her movement.
    12. Shield: A Plexiglas shield with attached handles, designed to be utilized in containing a combative subject, and protecting officers from kicks, strikes or bodily fluids.
    13. Full Restraints:  A specific configuration of security restraints involving the use of handcuffs, leg irons and a belly chain.
    14. Use of Force:  Any situation in which a staff member uses physical force against a youth or other person, with the exception of those situations in which security restraints are used in a standard manner for arrest, transport, or to immobilize, and in which no active or passive resistant was present.
    15. Cognizant Manager:  For the purpose of this policy, the cognizant manager will be defined as the on-duty or on-call Supervising Probation Officer, or Chief Deputy.
    16. OC:  OC refers to any aerosol dispenser containing oleoresin capsicum as an active chemical agent along with inert substances and/or propellants.
    17. Preliminary Review:  The review of use of force incidents by a supervisor.
    18. Protective housing:  single room with a camera or a Holding room.
    19. WRAP Restraint System: A specific type of restraint device designed to immobilize a combative and resistive subject by immobilizing their legs and arms.
  3. TRAINING
    1.  Juvenile Services Officers shall receive training on the nature, meaning and interpretation of this policy during their Facility Training Program.
    2. Training shall include but not limited to known medical conditions that would contradict  certain types of force; acceptable chemical agents; methods of application; signs or symptoms that should result in immediate referral to medical or Behavioral Health staff; the Constitutional Limitations of Use of Force; physical training force options that may require the use of perishable skills; timelines the facility uses to define regular training; and requirements of the decontamination of chemical, if such agents are utilized and appropriate response if the current us of force is ineffective.
    3.  Training shall further include de-escalation techniques and trauma informed approaches.
    4. At the end of such training, every employee shall demonstrate adequate comprehension of the relevant provisions of this policy and sign that they have received a copy of this policy and training on the application and interpretation of this policy.
    5. This policy shall supersede any contradictory information in any non‑Departmental use of force training that an employee may attend.
    6. Officers shall stay in compliance with the department’s annual training requirements related to use of force options.
  4. GENERAL PROVISIONS
    1. Physical force may only be used to accomplish the following legitimate correctional objectives.
      1. To prevent or stop the commission of crimes, including riot, assault, escape, hostage taking, etc.
      2. To prevent an individual from injuring or killing himself or herself, or others.
      3. To prevent or stop the destruction of property that could create a safety hazard to youth and/or staff.
      4. To enforce institutional policies and regulations.
      5. To affect an arrest.
    2. Force shall never be applied as punishment, discipline, retaliation or treatment.
    3. Normally, physical force shall not be used in a situation until:
      1. Counseling the youth or giving a warning or command, and if practical, repeated.
      2.  The youth(s) have had time to comply with the warning or command.
      3. It appears that the youth(s) are going to continue to resist the order or staff control of the situation.
      4. Non-force alternatives (e.g., intervention by Behavioral Health staff) are not reasonably available or have also been tried unsuccessfully, and the situation cannot reasonably be allowed to continue.
    4. The need for physical force is established by considering all elements of the situation confronting officers, applying a "reasonable person" standard, and recognizing that officer’s decisions must be based on their perceptions during the situation, rather than on analysis after the fact.
    5. The level and amount of force used must be limited to force that is reasonable and necessary to ensure the safety and security of youth, staff, others and the facility and to control the situation, overcome resistance and attain the correctional objective(s).
    6.  The use of force must be terminated as soon as the justification for its use is no longer present.  (For example, when a youth has stopped resisting and is under staff control.)  Also, force may be reapplied if resistance begins again and the conditions for the use of force are again present.
    7. This Department does not recognize a traditional or rigid use of force continuum.  Although force should usually be escalated from the lowest practical level considering the situation, up to a level that successfully controls the situation; there is no requirement to begin at any particular type or amount of force.  Also, there is no requirement that, before using a given type and amount of force, every lesser amount and lesser type of force must have first been exhausted.
    8. Risk:  In performing their legal duties, employees are not expected to assume unwarranted risk of death or serious bodily injury.  Withdrawing from the scene and calling for assistance may be the best response.  If a situation involves self-defense or the immediate protection of others, staff shall be prepared to act quickly and decisively to preserve life and/or prevent injury.
    9. Corporal punishment is prohibited under any circumstances.  Non-physical forms of intentional cruel punishment, such as public humiliation, are also prohibited under any circumstances.  Corporal punishment or intentional cruel punishment is grounds for disciplinary action, up to and including dismissal.
    10. Only Department authorized, and Department issued or approved instruments of physical force may be used to apply force.  Officers shall not be authorized to carry or use firearms, chemical agents, baton, or security restraints until they have completed departmental training on the application and use of this equipment.  Departmentally authorized instruments may include restraints, chemical agents, or other physical force methods.
      1. The carrying or use of unapproved personal weapons, devices or equipment for the application of force is prohibited. Use of such equipment is cause for disciplinary action, up to and including dismissal.
      2. Exception: In a situation where an officer or other person is in imminent danger of death or great bodily injury, and where time and circumstances do not permit use of Department approved and trained instruments or methods, officers may use any reasonable means available to control the situation.
    11. It is the expectation of the Department that all staff, sworn and non-sworn, SHALL, to the best of their ability, and given the nature and circumstances of the incident, intervene and take affirmative action necessary to stop any inappropriate use of force.
    12. Security restraints shall never be used for punishment, and restraints shall not be intentionally applied in a manner that will cause unnecessary pain, nor applied continuously for an unreasonable length of time, nor be allowed to create a substantial risk of a serious medical problem. 
    13. It is a violation of this policy to harass or otherwise verbally provoke youth into an assault on staff in order to justify the use of force against those offenders.
    14. Medical and Behavioral Health services shall be provided to those involved in a Use of Force as soon as possible.  The on-duty Supervisor / JSO III shall contact the on-duty nurse to assess the youth for injuries and determine if further medical care is required. 
    15. Youth showing any signs of injury, appears to be injured or complains of injury shall be transported to a hospital emergency room for medical clearance when no nurse is on-duty.
    16. Each situation involving any use of force shall be documented in writing, and in detail, including medical care and Behavioral Health treatment provided to the involved youth(s), as soon as possible by each individual staff member involved in the use of force and such reports shall be completed before completing the shift or workday, except in cases where an extension is specifically approved by the on-duty supervisor, on-call SDPO, or Chief Deputy.
    17. Nothing in the above sub-sections is intended, or should be interpreted, as preventing a staff member from taking reasonable measures to protect himself or herself, to protect the lives of others, to stop disturbances, or to stop escapes.
  5. CONTROL AND COMPLIANCE HOLDS
    1. Control and/or compliance holds are specifically designed to either immobilize the subject or compel compliance through the incrementally applied pressure to specific areas of the subject's body.   
    2. Control and/or compliance holds are based upon the principles of pain compliance.  Pain is incrementally introduced by applying pressure to specific areas of the subject's body, commensurate with the subject's level of resistance.  Once the subject complies, officers shall incrementally reduce the level of pressure applied.  
    3. During the use of a control/compliance hold, pressure that is applied to the subject beyond the point of compliance shall be considered a form of corporal punishment and may lead to discipline, up to and including dismissal.
    4. In general, only those control and compliance holds which have been authorized by the Department Training Unit and taught by Departmental instructors are allowable.  Only officers who have received such training are authorized to use control and compliance holds.  However, should these control and compliance holds prove to be ineffective in a specific situation, officers may utilize any reasonable alternative means available to control the situation.
  6. OTHER HAND-TO-HAND PHYSICAL FORCE METHODS
    1. In addition to compliance holds, there are a wide variety of hand-to-hand physical methods, which may be available to staff members, based on their training, background and experience, and the nature of the situation.  It is not possible to specify all of these additional methods and techniques, but they include punching, kicking, wrestling holds, the use of pressure points, and a wide range of other possibilities.
    2. In general, these methods should be restricted to situations involving self-defense or the immediate defense of others where no safer method of control or defense is available.
    3. In situations where physical force must be used, staff is specifically prohibited from punching or kicking a person into submission unless there are no reasonable alternatives.
  7. SECURITY RESTRAINTS
    1.  The standard use of security restraints, including handcuffs, leg shackles for arrest, escort or transportation or in other situations where security restraints are used as standard procedure, and in which no resistance is encountered is not a use of force within the meaning of this policy.
    2.  The use of physical force on a youth to apply security restraints constitutes a use of force within the meaning of this policy.
    3. Staff shall consider any known medical conditions that would prohibit certain restraint devices.
    4. The affixing of hands and feet together behind the back (hog tying) is prohibited.
    5. Restraints may never be placed about the neck, or in any manner that restricts blood circulation or breathing, nor may tape be placed around the nose, mouth or neck.  The use of restraints in any of these manners, or for punishment or to intentionally inflict unnecessary pain, is grounds for disciplinary action, up to and including dismissal.
  8. PREGNANT YOUTH
    1. Only force that is deemed necessary is allowed to gain compliance on  a pregnant youth.
    2. Pursuant to Section 222 of the Welfare and Institutions Code, and PC 6030(f) and PC 3407, pregnant youth taken to a hospital or medical office outside the facility shall be transported in the least restrictive manner possible, consistent with legitimate security needs of each youth.
    3. A pregnant youth shall not be shackled by the wrists, ankles, or both during labor, including during transport to the hospital.  A pregnant youth taken to a hospital for the purposes of childbirth shall be transported in the least restrictive way possible, consistent with the legitimate security needs of the youth.
    4. Once an attending physician determines that a pregnant youth is in active labor, the youth shall not be shackled by the wrists, ankles, or both, unless it is necessary for the safety and security of the youth, staff, or public.
  9. PLANNED USE OF FORCE
    1. Any planned use of force at Juvenile Hall shall be carried out under the direction of the Shift Leader; supervisory or higher level staff and only after consultation with, and approval of, the on-duty SDPO/ Chief Deputy.
    2. Every planned use of force situation or potential use of force situation at Juvenile Hall shall be videotaped, provided that:
      1. Time and circumstances allow.
      2. Staff doing the videotaping is not put in a situation of unusual risk.
      3. The act of videotaping does not present a clear danger of escalating the situation.
    3. Videotaping of planned use of force situations shall include taping at least one verbal attempt at resolution and at least two warnings that force will be used prior to the actual use of physical force.
    4. All videotapes of actual incidents shall include the date and time of the incident, the name of the staff member doing the videotaping and the name of the ranking staff member in charge of the use of force.  Such tapes shall be stored securely and shall be considered confidential and be maintained by the facility for a minimum period of three years.
    5. Staff using video tape in disturbance, riot, hostage, or "sit-down" situations should attempt to use the camera to help in later identification of criminal perpetrators, victims, etc.
    6. For every planned use of force at Juvenile Hall, it is required that a medical staff member be brought to the situation prior to the actual use of force, unless:
      1. The medical person would be placed in a position of unusual risk.
      2. There is no medical person at the facility, or there is no medical person available, and to wait until medical personnel could get to the situation would create an impractical delay.
    7. All reasonable attempts should be made to allow the facility Behavioral Health staff (if present) to intervene and attempt to de-escalate the youth and discontinue the behavior that is prompting the planned use of force.
  10. ROOM EXTRACTIONS
    1. A room extraction is defined as the planned involuntary removal of a youth from his/her room when one or more of the following is present:
      1. A credible threat to the safety of staff, serious risk of self-harm, possession of a weapon, or threat to the security of the institution.
      2.  A youth’s behavior results in the serious destruction of property.
      3. All reasonable efforts to gain compliance have been unsuccessful.
      4. OC spray is ineffective or the use of OC pepper spray is prohibited on the youth.
    2. All room extractions will adhere to the Planned Use of Force Guidelines (Section E above), unless a delay in the extraction could result in death or serious bodily injury.
    3. A room extraction shall only be authorized by an on-duty supervisor or the on-call SDPO/ Chief Deputy Chief Deputy.
    4. Special consideration shall be given to youth with identified medical or Behavioral Health conditions, developmental disabilities and youth who may not understand verbal directives in English due to language barriers.
    5. All staff involved in the actual room extraction shall complete a Use of Force Report.
    6. The authorizing on-duty supervisor or higher-ranking officer shall complete an incident report detailing the reasons for authorizing the room extraction by the end of the shift or the following day after the authorization was given. Such report shall follow the documentation guidelines in Section XXI of this policy.
    7. Only Juvenile Services Officers who have completed the department approved Room Extraction training shall be allowed to participate on an extraction team.  EXCEPTION: In emergency situations, when there is not a sufficient number of staff on-duty who have been trained in room extractions, the on-duty supervisor or on-call Assistant Superintendent / Chief Deputy may approve the use of non-trained sworn staff to participate in a room extraction.
    8.  Juvenile Services Officers shall participate in refresher training on room extractions as directed by the Chief Deputy.
  11. PROTECTIVE RESTRAINT SHIELD
    1. The Restraint Shield is designed to protect staff that must temporary restrain or control a hostile, physically resistant youth so that he or she can be safely placed in restraints while conducting a room extraction.
    2.   The Shield is authorized when staff believes that by using the Shield, the risk of injury to staff or youth is reduced, and the youth is combative.
    3. Only sworn staff that has completed the department-approved room extraction training is authorized to use the Restraint Shield.
    4. Juvenile Services Officers shall participate in bi-annual refresher training in the use of the Restraint Shield as directed by the Superintendent.
  12. CHEMICAL AGENTS
    1. Only officers who have successfully completed PC 832 training and the department’s OC Pepper Spray training may carry Chemical agents.
    2. Chemical agents may only be used when there is an imminent threat to the youth’s safety or the safety of others and only when de-escalation efforts have been unsuccessful or are not reasonably possible.
    3. Due concerns must be given to the possibility that innocent bystanders may be affected by the use of chemical agents.  However, in emergency situations, the need to use such agents may outweigh the protection of bystanders.
    4. When time and circumstances permit, persons other than those against whom the chemical agents are to be directed shall be removed from the area before chemical agents are used.
    5. A youth shall not be restrained or held for the sole purpose of rendering him/her relatively immobile, in order to present a more stationary target for a chemical agent.  To do so will constitute excessive force and/or corporal punishment, both of which are expressly prohibited and may lead to discipline, up to and including dismissal.
    6. Staff, youth(s) or others affected by a chemical agent shall be permitted to wash their face, eyes, and other exposed skin areas as soon as possible after the chemical agent is used.  Youth exposed shall be permitted to shower within one hour of the exposure, if practical.  All exposed clothing shall be removed and clean clothing shall be made available immediately, if possible.
    7. Youth exposed to chemical agents shall be examined by a health care professional, and Behavioral Health staff immediately or as soon as practical after the exposure.
    8. Youth shall not be left unattended until the exposed youth is fully decontaminated and is no longer suffering the effects of the chemical agent.
    9. Department issued OC may not be carried or used off duty except for situations where the Department has authorized the carrying of a firearm off duty in response to a specific threat.  OC must be stored in the appropriate carrier attached to the officer’s duty belt.  Belts must be stored in ones assigned locker while off duty, unless attending a department training requiring one’s duty belt.
    10. It is the officer’s responsibility to ensure department issued OC is functionally maintained.  If an OC canister is deployed or has an expired expiration date, the officer shall request a new canister from a SDPO.  OC spray is stored in the locked equipment room in the upstairs administrative area.
    11. OC may not be used:
      1. Once a youth has been restrained, except if the restrained individual's continued physical aggressiveness poses a serious, clear and imminent danger to the youth or others, and if OC offers the least dangerous method to prevent serious injury of death.
      2. Against individuals known to have asthma or other respiratory conditions, cardiopulmonary or convulsive disorders.
    12. At the Juvenile Hall, the on-duty JSO III/Supervisor shall be on the scene and direct the use of OC spray, time and circumstances permitting in planned use of force situation.
    13. At the Juvenile Hall, the use of OC shall be videotaped, time and circumstances permitting in planned use of force situations, including at least one attempt at verbal resolution, one verbal warning, the date, the time and the on-camera identification of all staff on scene, time and circumstances permitting.  The Department for a period of three years after the date of the incident shall maintain such videotapes.
    14. Pointing oleoresin capsicum (OC pepper spray) at a person for the purposes of gaining control or compliance is a reportable action under this policy and requires the completion of a Use Of Force Report.
  13. USE OF THE MK-9 OC PEPPER SPRAY CANISTER
    1. The MK-9 shall be used in a manner consistent with this policy section.
    2. MK-9 OC Stream Delivery System
      1. ​The MK-9 stream is authorized for use in the facility yard and gymnasium only and is prohibited from being used inside the facility unless approved by the on-duty/on-call Supervising Deputy Probation Officer or Chief Deputy.
      2. The MK-9 stream will be identified by a white band around the label of the canister.
      3. The MK-9 stream canisters will be stored in the safes located on each living unit along with a carrier approved by the Chief Deputy.
      4. The MK-9 stream should not be delivered at a distance of less than 6 feet from the intended target.
      5. Officers shall remove the MK-9 from their person and secure it in the designated location upon returning from the yard as soon as the youth are seated on the unit and/or secured in their rooms.
    3. ​The MK-9 OC Cone Fogger Delivery System
      1. ​The MK-9 cone fogger is authorized for use inside the facility in planned use of force situations only.
      2. The MK-9 Cone Fogger will be identified by an orange band around the label of the canister.
      3. The MK-9 Cone Fogger shall be stored in a secured, locked cabinet in the JSO III/Supervisors’ offices.
      4. The MK-9 should not be removed from the secured cabinet on the unit or JSO III/Supervisors’ offices unless authorized by the on-duty Juvenile Services Officer III or Supervising Deputy Probation Officer.
      5. The MK-9 cone fogger should not be delivered at a distance of less than 3 feet from the intended target.  This delivery system is designed for area saturation and does not require direct contact.
  14. BATONS
    1. Officers must successfully complete the department baton training.  Officers striking another person with a baton should attempt to strike arms, legs, and center mass.
    2. The baton shall not be carried within the Juvenile Hall unless under the specific direction of the Chief Deputy.
    3. The specific size and model of baton shall be determined by the Chief Probation Officer or his/her designee.
  15. USE OF FORCE REPORTS AND NOTIFICATIONS
    1. A Departmental use of force form will be used for all use of force situations.
    2. All use of force reports shall include:
      1. A list of all staff that employed force.
      2. A list of all persons on who force was used.
      3. A list of the names of all bystanders and/or potential witnesses, whether staff, members of the public, or youth, whenever possible.
      4.   A precise description of the incident, the events leading to the use of force, and the reasons for employing the force.
      5. A description of the weapon, restraint, chemical agent, other security devise, control hold or other type of force that was used, and the manner in which it was used.
      6. A description of every attempt to resolve/de-escalate the situation, including other levels of force employed prior to the level of force that was successful in controlling the situation.
      7. A description of any injuries suffered by staff, youth or others, and the treatment given , including decontamination procedure if OC was deployed.
      8. Identification of the staff member authorizing and/or deciding to use force and of any staff member supervising the use of force.
    3. When time and circumstances permit, but as soon after an incident as possible, staff shall obtain detailed color pictures of any injuries. 
    4. In any situation in which a youth or other person is complaining that a staff member used excessive force or in any situation in which a youth or other person appears to be uninjured but claims to have sustained an injury as a result of use of force by a staff member, efforts shall be made to take color photographs of the person or persons upon whom force was used, as quickly as is practical. 
    5. Any such photographs taken shall have the time and date of the photograph printed in ink on the back of the photograph along with the name of the photographer.  When the photographs taken are not of the Polaroid type, the staff member arranging or taking the photographs shall document the date, time and name of the photographer in the use of force report, or in an addendum to that report.
    6. In the event of a reactive use of force, the involved staff member(s) shall notify the appropriate supervisor as soon as practical that a use of force situation has taken place.
      1. For planned use of force situations, supervisory notification should have occurred before the actual use of force.  If, for any reason, that has not occurred, the staff members shall make such notification involved as soon after the situation as possible.
      2. This requirement for immediate verbal notification shall not in any manner alter the requirements for written reports as specified herein.
    7. Any use of force situation resulting in death or serious injury to any person, shall be reported immediately to the Chief Probation Officer and Chief Deputy.
      1. Notifications should be made by the on-duty supervisor.
      2. If for any reason a supervisor is not on duty, it shall be the responsibility of the officer acting in a supervisory role to make these notifications directly.
    8. Any probation staff that witnesses excessive, inappropriate or improper use of force, or received an allegation of excessive or improper use of force by a peace officer, shall verbally report that situation to his or her immediate supervisor as soon as possible.
      1.  The reporting officer(s) shall complete a written report describing the situation/incident within one working day.  Failure to report as described immediately above shall be grounds for disciplinary action, up to and including termination.
    9. Youth who have been involved in a use of force, who wish to file a grievance regarding their treatment, may do so using the standard grievance process.
    10. The parents/guardians of youth involved in a Use of Force shall be notified by a Supervisor or a JSO III within 24 hours.
  16. DOCUMENTATION, PRELIMINARY REVIEWS, and DEBRIEFING
    1. Each situation involving any use of force, including the WRAP shall be documented in writing, and in detail. Details shall include the circumstances leading to an application of restraints, and any known medical conditions that would contradict certain restraint devices or techniques.  Each individual officer involved in the use of force or the application of the WRAP, shall complete Incident Reports and/or Use of Force report by the completion of their shift or work day.
    2.      Every use of force situation will be reviewed by the Supervising Deputy Probation Officer.  If the Supervising Deputy Probation Officer was involved in the use of force, then the Chief Deputy will review the incident or assign to another supervisor.  
    3. Preliminary reviews shall be completed within a reasonable time but no later than 48 hours after the incident and submitted to the Chief Deputy.  All preliminary reviews shall include a written recommendation from the   Supervising Deputy Probation Officer conducting the review as to whether the application of force was in compliance with this policy.  This recommendation shall be signed and dated.
    4. Preliminary reviews shall be conducted primarily by reviewing the written reports of involved officers, youth and witnesses, and reviewing all available video.
      1. The on duty SDPO will review all available video of the incident.  The officers involved by also be shown the footage in the presence of the SDPO for training purposes.
      2. All involved officers may debrief the incident with a JSO III or a SDPO for the purposes of training as well as mitigating the effects of trauma that may have been experienced by staff and/or the youth involved.
      3. The debrief will be documented in the UOF report.
    5. The Chief Deputy shall also review the written reports within (7) business days of submission to ensure compliance with policy.  The Chief Deputy must also verify that all involved officers submitted reports and that the SDPO provided a thorough review of the incident.
    6. The Chief Deputy shall also read the preliminary review to ensure compliance and when applicable make a decision about the necessity of an internal investigation.  That decision shall be based upon the severity of the incident, the completeness and agreement of the written reports, the likelihood of grievance or litigation over the incident, the occurrence of staff error in following policy or procedure and other potential benefits of an investigation.  All approved use of force reports deemed to be within policy, where no further action is required, will be routed to the Assistant Chief Probation Officer for their review within five (5) business days of the Chief Deputies review.