I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer in accordance with but not limited to Penal Code Sections 196, 830.5, 832, 835, 835a, 836, 843, 1202.7, 1202.8, and 1203.2.

II. PURPOSE

The purpose of this policy is to provide officers with direction and guidance on the reasonable use of force.  Officers are expected to carry out their duties, including the reasonable use of force, in a manner that is fair and unbiased, and respects the dignity and constitutional rights of all persons (Government Code Section 7286(b)(11)).

III. APPLICABILITY

This policy applies to all peace officers employed by the Probation Department. 

IV. BACKGROUND

V. GENERAL POLICY

1.  Definitions
   1.  Force:  The use of hands, other parts of the body, objects, instruments, chemical devices, firearms, or other force methods to restrain, subdue, or to compel persons to act in a particular way, or to stop acting in a particular way.  Pointing a firearm or conducted energy weapon (Taser) at a person for the purposes of gaining control or compliance is a reportable action under this policy.   
   2. Deadly Force:   Force that has substantial risk of causing death or serious bodily injury.
   3. Non Deadly Force:  Force other than deadly force. 
   4.  Feasible: Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or other person.
   5. Corporal Punishment:  The use of force for the purpose of punishment.
   6. Serious Bodily Injury: A serious impairment of physical condition, including but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any body member or organ; a wound requiring extensive suturing; and serious disfigurement (Penal Code Section 243(f)(4)).
   7.  Reasonable Force:  The use of force to achieve a lawful objective, where the type and amount of force used is objectively reasonable based on the totality of circumstances known or perceived by the officer at the time force was used. 
   8.  Totality of the Circumstances: All facts known to or reasonably perceived by the officer at the time including the conduct of the officer and the subject leading up to the use of force.
   9. Excessive Force:  A type or amount of force which is unreasonable under the totality of circumstances. 
   10.  Exigent Circumstances: Circumstances that would cause a reasonable person to believe that swift action was necessary to prevent imminent harm to officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.
   11. Cognizant Manager:  For the purpose of this policy the cognizant manager will be defined as the on duty or on call Supervising Deputy Probation Officer (SDPO) or Chief Deputy Probation Officer (CDPO). 
   12. OC:  OC refers to any aerosol dispenser containing oleoresin capsicum as an active chemical agent along with inert substances and/or propellants.
2.  Training
   1.  All peace officers in the Probation Department shall receive training on the nature, meaning and interpretation of this policy prior to starting field/facility training and annually thereafter (Government Code Section 7286(b)(16).
      1.  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.
   2.  All officers shall complete the minimum hours of force option trainings in accordance with their assignment and/or arming status, as specified in the Annual Training Plan (Government Code Section 7286(b)(22).  
   3.  This policy shall supersede prior policy and any contradictory information in any non Departmental use of force training that an employee may attend.
3.  Force - General Provisions
   1.  May only be used to accomplish the following lawful objectives:
      1.  To prevent or stop the commission of crimes. 
      2. To prevent an individual from engaging in self-harm behaviors that have a substantial risk of causing death or serious bodily injury.
      3. To prevent escape.
      4. To overcome resistance to an arrest or detention. 
      5. To prevent or stop animal attacks in the field.
   2.  De-escalation:    When reasonable and practicable, officers shall attempt to de-escalate situations in their interactions with individuals, through the use of advisements, warnings, verbal persuasion and other tactics and alternatives to avoid or reduce the need for force.
      1.  When feasible and unless it would otherwise endanger the safety of officers, result in the escape of a suspect, or commission of a crime, an officer shall allow an individual a reasonable opportunity to voluntarily comply before force is used.
      2. In addition, when reasonable, officers shall evaluate the totality of the circumstances presented at the time in each situation, and when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use force to resolve the situation before applying force.
      3. Such alternatives may include but are not limited to: (i) attempts to de-escalate a situation. (ii) If available, the use of crisis intervention techniques by properly trained personnel.
      4.  When considering alternatives to force, officers, when feasible, should consider whether a subject’s lack of compliance is a deliberate attempt to resist or is the result of an inability to comply based on factors including but not limited to:
         1.  Medical conditions
         2. Mental impairment /developmental disability
         3.  Behavioral /emotional crisis
         4. Physical limitation
         5. Language barrier
         6. Drug interaction
         7.  Vulnerable populations including children, elderly and individuals who are pregnant (Government Code Section 7286(b)(17)
   3.  Level and Amount of Force: Any amount of force used is limited to force which is reasonable to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code Section 7286(b)(2)).
   4. Factors Used to Determine Reasonableness of Force: Factors shall be evaluated from the perspective of a “reasonable officer” in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time force is used, rather than with the benefit of hindsight.  These factors include but are not limited to:
      1.  The immediacy and severity of the threat to officers or others.
      2. The level of resistance being confronted, as reasonably perceived by the officer at the time.
      3. Officer/subject factors (e.g., age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available v subjects).
      4.  The conduct of the involved officers leading up to the use of force.
      5.  The effects of suspected drugs and alcohol.
      6. . The person’s apparent mental state or capacity.
      7. The person’s apparent ability to understand and comply with officer commands.
      8. Proximity of weapons or dangerous improvised devices.
      9. The degree to which the person has been effectively restrained and the person’s ability to resist despite being restrained.
      10. The availability of other reasonable and feasible options and their possible effectiveness.
      11. Seriousness of the suspected offense or reason to contact with the person prior to and at the time force is used.
      12.  Training and experience of the officer.
      13.  Potential for injury to officers, suspects, bystanders, and others.
      14. Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer.
      15.  The risk and reasonably foreseeable consequences of escape.
      16. The apparent need for immediate control of the person or a prompt resolution of the situation.
      17.  Whether the conduct of the person being confronted no longer reasonably appears to pose an immediate threat to the officers or others.
      18. Prior contacts with the person or awareness of any propensity for violence.
      19. Any other exigent circumstances.
   5.  Terminating Use of Force:  The use of force must be terminated as soon as the justification for its use is no longer present. 
   6. Continuum:  This Department does not recognize a rigid use of force continuum.  Although force should usually start with the lowest level practical to control the situation, there is no requirement to begin at any particular type or level of force so long as the force used is reasonable under the totality of circumstances. There is also no requirement that officers must use or exhaust lesser amounts and lesser types of force before choosing a reasonable force option.
   7. Corporal Punishment: 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, including dismissal.
   8.  Authorized Force Options:  Only authorized force options may be used to apply force.  Officers shall not be authorized to carry or use firearms, chemical agents, batons, conducted energy weapons or security restraints until they have completed departmental training on the application and use of this equipment.
      1.  Exception: In a situation where an officer or another 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.
   9.  Provocation:  It is a violation of this policy to harass or otherwise verbally provoke a person into an assault on officers to justify the use of force against that person.
   10.  Medical Attention:  Medical attention shall be provided to those injured and those perceived as possibly injured as soon as possible following any use of force.  Medical attention provided to individuals involved in the use of force, will be documented in a Use of Force Report by officers(s) who used force (Government Code Section 7286(b)(15).
   11.  Documentation:  Each situation involving any use of force shall be documented in writing, and in detail, as soon as possible by each individual officer involved in the use of force and such reports shall be completed before the end of the workday.
4.   Authorized Force Options
   1.  Control and Compliance Techniques:
      1.  Control and/or compliance holds are specifically designed to either immobilize the subject or compel compliance through incrementally applied pressure to specific areas of the subject's body.
      2. Control and/or compliance techniques are based upon the principles of body mechanics, leverage, and pressure compliance.  Pressure is incrementally applied 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 techniques, 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.
      4.  Generally, only control and compliance techniques which have been taught by Department or Peace Officer Standards and Training (POST) approved arrest and control instructors are allowable. However, should these control and compliance techniques prove to be ineffective in a specific situation, officers may utilize the most reasonable alternative means available to control the situation. 
   2.  Other Hand to Hand Force Techniques: In addition to control and compliance techniques, officers may utilize other hand-to-hand techniques when reasonable under the circumstances to defend themselves or others against violent assault. 
      1.  Restrictions
         1.  Carotid Hold: Officers are not authorized to use a carotid hold. A carotid hold means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person (Government Code Section 7286.5).
         2.  Choke Hold: Officers are not authorized to use a choke hold.  A choke hold means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe (Government Code Section 7286.5).
   3.  Security Restraints:  Handcuffs, flex cuffs, leg irons, belly chains, ankle restraints and similar equipment designed to prevent a person from escaping or from injuring others, and/or to restrict his or her movement.
      1.  The standard use of restraints for detention, arrest, escort, or transportation of persons is not a use of force within the meaning of this policy. 
      2. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to ensure the safety of officers and others.
      3. Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety.  The use of ankle or leg restraints, waist chains, or handcuffs behind the back is prohibited.
      4.  No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained, except in extraordinary circumstances and only with approval from a SDPO or CDPO.  Approval is based on the individual determination of the supervisor that such restraints are necessary for the safety of the person, officers, or others.
      5. Officers shall verify that the person is not in undue pain and the restraints are not creating injury or an obvious medical problem.
      6.  Restraints may never be placed around the neck, or in a manner that restricts blood circulation or breathing.
      7.  Ankle Restraints
         1. The ankle restraint strap may be used to immobilize a combative arrestee during vehicle transportation.
         2. The ankle restraint strap shall not be used as a preemptive precaution based solely on the person’s history and past behavior.
         3. Once the ankle restraint strap is applied, the person shall remain in an upright position and positioned in a manner that prevents the strap from hanging out the vehicle door.
         4. The ankle restraint strap shall not be used to secure the person’s ankles to his/her hands in any form of the “hog-tie” position.
   4.  Chemical Agents:
      1.  Consideration 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.
      2. Chemical agents will not be applied to any person for the purpose of effecting punishment.
      3. Officers, offender(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.   First aid or medical attention will be provided to all persons sprayed with chemical agent as necessary. 
      4. OC is prohibited once an offender has been restrained, except if the restrained individual's continued physical aggressiveness poses a serious, clear and imminent danger to the offender or others, and if OC offers the least dangerous method to prevent serious injury of death.
      5.  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 may be carried in route to and from work. However, its use at such times shall be governed by this policy.
   5.  Batons 
      1.  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 a cognizant manager.
      3. The specific size and model of baton shall be determined by the Chief Probation Officer or his / her designee.
   6.  Conducted Energy Weapons (CEW)
      1.  Officers shall comply with the requirements of the Department’s Conducted Energy Weapons (CEW) policy.
   7.  Firearms (Government Code Section 7286(b)(5) & (6)
      1.  Officers shall, time and circumstances permitting, apply de-escalation techniques before resorting to the use of firearms based on the totality of the circumstances.  
      2.  Officers shall consider the potential risk to bystanders, as well as their surroundings around and beyond the perceived imminent threat, prior to the use of firearms.
      3. Drawing and/or pointing a firearm- drawing or pointing a firearm at a person must be done with due caution.  Unnecessarily or prematurely drawing a firearm could limit an officer’s alternatives in controlling a situation, may create unnecessary anxiety on part of members of the public, and could result in an unwarranted or unintentional discharge of the firearm.
      4.  Officers should not draw a firearm solely based on the mere existence of a potential risk (e.g. public contact, pedestrian/traffic stop), but rather on the totality of the circumstances known to the officer at the time.
      5. Determining the necessity and reasonableness of drawing and/or pointing a firearm at a person, should include but is not limited to the following factors:
         1.  When circumstances create an objectively reasonable belief that it may be immediately necessary to use deadly force.
         2.  When circumstances create a reasonable belief that display of a firearm helps to establish or maintain control in a potentially dangerous situation.
         3. Knowledge that a subject being arrested or searched owns, a registered firearm or whether the occupants of the residence being searched are suspected of being in possession of deadly weapons,
         4. Actual or reasonable anticipation of the presence of weapons,
         5.  Conducting a search for deadly weapons
         6. Felonious resistance to a lawful search or arrest
         7. Nature of the crime,
         8.  Dangerousness of the location and circumstances,
         9.  Age of the person
   8.  Deadly Force (Government Code Section 7286(b)(10)
      1.  The use of deadly force by an officer is justified when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for the following reasons:
         1.  To defend against an imminent threat of death or serious bodily injury to the officer or another person; or
         2.  To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.
      2.  An officer shall give a verbal warning before using or attempting to use deadly force, time and circumstances permitting. Warning shots are prohibited.
      3. Shooting at moving vehicles whether to disable the vehicle or to neutralize the driver is often ineffective and jeopardizes uninvolved persons or results in a substantial risk of death or serious bodily injury to occupants of a moving vehicle.
         1.  Officers when feasible will move out of the path of an approaching vehicle, instead of discharging their firearm.  The act of discharging a firearm at a moving vehicle is prohibited with the following exception:  If the officer reasonably believes there are no other reasonable means available to avoid the imminent threat the vehicle poses to the officer or others (Government Code Section 7286(b)(20).
      4.  Deadly force shall not be used against any person based on the danger that the person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or another person.
5.  Excessive Force
   1.  Any officer who witnesses what appears to be excessive or unlawful use of force by any peace officer against a person shall, as determined by an objectively reasonable officer under the totality of circumstances, when in a position to do so, take action to intervene and prevent such force from being used. An officer should take into account that involved officers may have additional information regarding the threat posed by the person (Government Code Section 7286(b)(9)).
   2.  Any officer who witnesses what appears to be excessive or unlawful use of force, as determined by an objectively reasonable officer, under the totality of circumstances, or who receives an allegation of excessive or unlawful use of force by any peace officer, shall verbally report that situation to his or her immediate supervisor as soon as possible (Government Code Section 7286(b)(3)).
   3. The reporting officer shall complete a written report describing the incident within one (1) working day.  
   4.  Failure to intervene or report, as described in sections E-1&2, shall be grounds for disciplinary action (Government Code Section 7286(b)(19)).
   5. Retaliation against an officer who reports excessive force is strictly prohibited (Government Code Section 7286(b)(4)).  
   6.  Any sustained allegation of retaliation, the willful abuse of a youth and/or excessive force against any person by any officer under the color of law or color of authority will be subject to disciplinary action, up to and including termination and possible prosecution based on the severity of the act.
6.  Use of Force Reporting Requirements
   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 officers that employed force.
      2. A list of all persons on whom force was used.
      3. A list of the names of all bystanders and/or potential witnesses, whether officers, members of the public, or offenders, 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 other attempt to resolve the situation, including other levels of force employed prior to the level of force that was successful in controlling the situation.
      7.  A description and photographs of any injuries suffered by officer(s), offender(s) or others, and the treatment given.
      8. Identification of the officer authorizing and / or deciding to use force and of any staff member supervising the use of force.
   3.  In the event of a use of force, the involved officer(s) shall notify their immediate supervisor as soon as practical. 
   4.  Any use of force situation resulting in death or serious injury to any person, or involving a shooting, shall be reported immediately to the Chief Probation Officer. 
   5.  All use of force incidents involving the shooting of a person by an officer, the shooting of an officer by a person, incidents in which the use of force by an officer against a person results in serious bodily injury or death, or incidents where the use of force by a person against an officer results in serious bodily injury or death shall be annually furnished to the Department of Justice pursuant to Government Code Section 12525.2 (Government Code Section 7286(b)(13)).
   6.    The original copy of all Use of Force reports shall be retained in a centralized file maintained by the Executive Assistant to the Chief Probation Officer.
   7.  All use of force reports, except those relating to officer involved shooting, shall be maintained for a minimum of five years.
   8. All use of Force reports pertaining to an officer involved shooting shall be maintained for 25 years.
   9. Citizen complaints regarding a use of force incident shall be investigated pursuant to the Department’s Citizen Complaint policy (Government Code Section 7286(b)(8)). 
7.   Supervisory Review (Government Code Section 7286(b)(14)).
   1.  Every use of force situation will be reviewed by the officer’s immediate supervisor.  If the supervisor was involved in the use of force, then the Chief Deputy will review the incident or assign to another supervisor.  
   2. Reviews are conducted primarily by reviewing the written reports of involved persons and witnesses.  
   3. Reviews shall be completed within a reasonable time after the incident and submitted to the CDPO.  All reviews shall include a written recommendation from the SDPO conducting the review as to whether the application of force was in compliance with this policy.  This recommendation shall be signed and dated.
   4. The CDPO shall also review the written reports within (7) business days of submission, verify that all involved officers submitted reports, and that the SDPO provided a thorough review of the incident to ensure compliance with policy.
   5.  The CDPO, when applicable, determine the necessity of an internal investigation.  That decision shall be based upon the severity of the incident, the completeness and consistency 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.
   6.  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 his/her review within (5) business days of the CDPO’s review.
8.  Supervisory and Chief Deputy Responsibilities: Excessive Force
   1.  In any case where a SDPO contacts their CDPO with an allegation of unnecessary or excessive use of force, the CDPO shall review the incident within one (1) business day utilizing all available information.
   2.  The CDPO is responsible for gathering all information and making a recommendation to the Assistant Chief Probation Officer regarding whether an internal investigation is warranted.
   3.  The Chief Probation Officer is responsible for authorizing an internal investigation to address excessive force allegations.
9.  Policy Review: The policy will be reviewed on an annual basis to reflect changes to law and practices (Government Code Section 7286(b)(23)).  
10.  Public Access:  The policy shall be posted on the Department website for public access (Government Code Section 7286(c)).

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.