I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer.

II. PURPOSE

To establish a policy regarding the use of the TASER Conducted Energy Weapon  as a force option (hereafter “TASER device”).

III. APPLICABILITY

This policy applies to all peace officers employed by the San Luis Obispo County Probation Department (hereafter “officers”).

IV. BACKGROUND

To provide guidance and direction in the use of the TASER device by sworn personnel of the Probation Department authorized to use a TASER device.

V. GENERAL POLICY

DEFINITIONS:

1.  TASER - A conducted energy device used for the purpose of subduing a hostile or violent subject, providing a less harmful or lethal alternative to firearms.
2.  TASER deployment – A TASER device is removed from the holster and armed with intent to activate; where no activation is needed because the subject complies.
3.  TASER Activation – A TASER device is deployed and activated by firing probes or direct contact method (drive-stun).

GENERAL POLICY:

1.  Only armed officers may carry a TASER device and only if specifically authorized by the Chief Probation Officer.
2.  Officers must complete Department approved training prior to being issued a TASER device.
3. The Chief Probation Officer has the authority to revoke the authorization to carry a TASER device at any time, with or without cause.
4. Officers shall use only Department-issued TASER devices and TASER device cartridges.
5.  All TASER devices shall be clearly marked to differentiate them from the duty weapon or any other device.
6. The TASER device shall be carried in a Department approved holster on the support side only (non-gun side).
7. Officers shall carry a total of two TASER device cartridges on their person at all times when carrying a TASER device.
8.  Officers shall be responsible for ensuring that their issued TASER device is properly maintained and in good working order at all times.
9.  A verbal warning of the intended use of the TASER device shall precede its actual use unless it would otherwise endanger the safety of the officer or another or when it is not practicable due to circumstances.  The purpose of the warning is to:
   1.  Provide the individual reasonable opportunity to comply.
   2. Provide other officers and individuals with a warning that a TASER device may be deployed.:  If, after a verbal warning, an individual does not voluntarily comply with an officer’s lawful orders and it appears both reasonable and practical under the circumstances, the officer may, but is not required to, display the electrical arc or the laser in a further attempt to gain compliance.  The aiming laser should never be intentionally directed into the eyes of another as it may permanently impair his/her vision. The fact that a verbal and/or other warning was given or the reasons it was not given shall be documented in the Use of Force Report by the officer deploying the TASER device.
10.  Officers authorized to carry TASER devices are responsible for the safe storage of their Department issued TASER device.
    1.  When the TASER device is stored in an unoccupied vehicle, the TASER device shall be concealed and the vehicle securely locked.
    2. Department TASER devices shall not be stored overnight in any vehicle.
    3. TASER devices shall not be kept in a Probation facility overnight, unless it is stored in a Department armory weapons locker.
    4.  When the Department TASER device is at the officer’s residence, it is the responsibility of the officer to keep the TASER device in a safe and secure place or stored in a California approved locked gun safe/gun locker.
11.  Use of the TASER device: As with any law enforcement equipment, the TASER device has limitations and restrictions requiring consideration before its use.  The TASER device should only be used when its operator can safely approach the subject within the operational range of the TASER device.  Although the TASER device  is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results  and be prepared with other options.
12.  Factors to Determine Reasonableness of Force. The application of the TASER device is likely to cause intense, momentary pain.  As such, officers should carefully consider the totality of circumstances prior to using the TASER device, including the following factors:
    1.  The conduct of the individual being confronted. 
    2.  Officer/subject factors such as age, size, relative strength, skill level, injury, exhaustion, and number of officers vs. subject(s).
    3.  Possible influence of drugs and/or alcohol.
    4.  Proximity of potential weapons.
    5. The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained.
    6.  If time and circumstance permit, the availability of other options.
    7.  Training and experience of the officer.
    8.  Potential for injury of the officer, citizens and subject.
    9. Risk of escape.
    10.  Other exigent circumstances.
13.  Application of the TASER device. An officer may use the TASER device when circumstances known to the officer at the time indicate that such application is reasonable to control a person in any of the following circumstances:
    1.  The subject is violent or physically resisting.
    2.  A subject who by words or action has demonstrated an intention to be violent or to physically resist and who reasonably appears to present the potential to harm the officer, him/herself or others.
       1.  When practicable, the officer should give a verbal warning of the intended use of the TASER device followed by a reasonable opportunity to voluntarily comply.
       2. The officer must be able to articulate a reasonable belief that other available options appeared ineffective, impractical or would have presented a greater danger to the officer, the subject or others.
    3.  Absent meeting the conditions set forth in 1. or 2. above, or a reasonable belief that an individual has committed or threatened to commit a serious offense, mere flight from a pursuing officer shall not serve as good cause for the use of the TASER device to apprehend an individual.
14.  Special Deployment Considerations: The TASER device should generally not be used on the following individuals unless the totality of the circumstance indicate that other available options reasonably appear to be ineffective, impractical, or would present a greater danger to the officer, the subject or others.
    1.  Known to be pregnant or obviously pregnant females.
    2.  Elderly individuals or small children.
    3. Individuals who are handcuffed.
    4.  Individuals who have been recently sprayed with a flammable liquid or who are otherwise in close proximity to any flammable material.
    5.  Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles).
    6.  Individuals with obviously low body mass (very thin).
15.  Targeting Considerations: While manufacturers generally recommend that reasonable efforts should be made to target lower center of mass and to avoid intentionally targeting the head, neck, chest and groin, it is recognized that the dynamics of each situation and officer safety may not permit the officer to precisely target the area. officers shall make reasonable efforts to follow manufacturers’ recommendations as to target areas.
16.  Multiple Applications of the TASER device: If the first application of the TASER device appears to be ineffective in gaining control of an individual, and if circumstances allow, the officer should consider the following prior to additional activations of the TASER device:
    1.  Whether the probes are making proper contact.
    2. Whether the application of the TASER device is interfering with the ability of the subject to comply.
    3.  Whether verbal commands, other options, or tactics may be more effective. This, however, shall not preclude an officer from deploying multiple, reasonable activations of the TASER device on an individual.
17.  Medical Treatment
    1.  All subjects who have been struck by the TASER device probes or subject to electrical discharge (drive-stun) shall be assessed by medical personnel including fire, EMT or paramedics in the field prior to transport.
    2. If medical personnel in the field will not remove  probes, the subject shall be transported to the nearest hospital for removal of the  probes from a subject’s body.  
    3. Used  probes shall be considered a sharp biohazard and Universal Precautions should be used.
    4. If any subject refuses medical attention, such refusal should be witnessed by another peace officer and/or medical personnel and documented in the Use of Force Report.
18.  Report of Use 
    1.  As soon as reasonably practical after deploying/activating the TASER device, the  officer shall notify his or her supervisor. 
    2.  The use of a TASER device shall be documented in the Use of Force Report.
    3.  Unintentional discharges of the TASER device shall be documented in an Incident Report.
    4.  Use of the TASER device on an animal shall be documented in an Incident Report. 
    5.  Any report documenting the discharge of a TASER device’s cartridge shall include the cartridge’s serial number.
    6.  Officers will make every effort to collect identification tags (AFIDs) and book them into evidence.
    7.  The on board TASER device memory will be downloaded through the data port and saved.
    8.  The TASER device Cam audio and video data shall be downloaded and saved.
19.  The TASER device shall not be used to torture, psychologically torment, attempt to elicit statements, or to punish any individual.

VI. EXCLUSIVITY

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer and can be reviewed as needed.