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HomeMy WebLinkAbout2010-069 Taser RESOLUTION NO. R-2010-069 A RESOLUTION APPROVING THE ADOPTION AND IMPLEMENTATION OF A TASER DEPLOYMENT POLICY FOR THE DEPARTMENT OF PUBLIC SAFETY FOR THE CITY OF RIVERSIDE WHEREAS, the adoption and updating of various operating policies and procedures is advisable within the Department of Public Safety for the City of Riverside from time to time; and WHEREAS, adoption of the Taser Deployment Policy attached hereto as Exhibit "A" was reviewed and recommended by the Director of Public Safety; and WHEREAS, the Board of Aldermen find it in the best interest of the citizens of the City of Riverside to approve the implementation of such policy; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT adoption and implementation of the Taser Deployment Policy attached hereto, marked Exhibit "A", and made a part hereof by reference is hereby approved; PASSED AND ADOPTED by t�oard of dermen �nd APPROVED by the Mayor of the City of Riverside, Missouri, the �--day of , 2010. D Ka hleen L. Rose, Mayor ATTEST: � — Robin Littrell, Ci y Clerk Approve s to Form: y o son, City Attomey MEMORANDUM September 22, 2010 TO: Board of Aldermen FROM: Chief Gregory P. Mills SUBJFCT: Policy Approval Process As you are aware past practice has been to bring before the Board of Aldermen Public Safety Procedural Instruction policies for approval, which was done by a ratification vote of the Board. That approval process is not consistent with the current agenda format which utilizes Resolutions and the Consent Agenda. Therefore, all future approvals of Public Safety Procedural Instructions will be submitted as a Resolution and will appear on the Consent Agenda. There are two policies which are now submitted in this format for approval: i. The "Taser Deployment" policy combines into one policy guidelines from 3 separate existing Department orders detailing the use of the Taser. 2. The "Safe Haven for Newborns" policy is a new policy which details the DepartmenYs responsibilities as outlined in the Safe Haven for Newborns Act enacted into Missouri state law. This is the program Sergeant Dean Noll previously briefed you on. Gregory P. Mills Riverside, Missouri Department of Public Safety PROCEDURALINSTRUCTION Subject: TASER DEPLOYMENT No. 10- Issue Date: Effective Date: Reference: TASER Instructor Manual Rescinds: Special Order 06-05, 06-05A, 06-O5B I. PURPOSE To provide authorized trained department members with guidelines on the proper use and deployment of the E.C.D. (TASER X26) when reasonably necessary to effectively and safely bring an incident under control or apprehend a suspect within the perFormance of duty. II. DEFINITIONS A. TASER X26: An Electric Control Device that is constructed of impact resistant polymer and weighs 7 ounces, available in yellow or black. B. ECD: Electric Control Device. C. DPM: Digital Power Magazine. It is a Lithium battery that will provide up to 195 5-second firing cycles at room temperature. D. DEPLOYMENT: The act of applying the TASER in a proper police action by way of probes or drive stun techniques. E. LETHAL (DEADLY) FORCE: Any use of force that is likely to cause death or serious bodily injury. F. LESS LETHAL FORCE: Any force other than that which is considered lethal. G. OBJECTIVELY REASONABLE: This term means that, in determining the necessity for force and the appropriate level of force, Officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and the danger to the community. III. POLICY The Riverside Missouri Department of Public Safety recognizes and respects the value and special integrity of human life. In permitting members with lawful authority to use force to protect the public welfare, and for the apprehension and control of suspects, a careful balancing of all human interest is required. Therefore, it is the policy of this department that a member will use force which is objectively reasonable and necessary to effectively bring an incident under 1 control or apprehend a suspect. Once a subject is under departrnent member control or secured, the conintued use of force is prohibited. Members shall not engage in cruel, degrading, or inhuman treatment of any person. The TASER is to be uGlized as an additional Law Enforcement tool and is not intended to replace other tools or techniques that Officers are equipped with or utilized in the performance of their duties (ground defense techniques, pepper foam, police baton, and firearms). The TASER can be effective in controlling dangerous or violent subjects from a distance, when there is a combative subject within contact range. IV. PROCEDURE A. Guidelines for TASER X26 PROBE DEPLOYMENT: 1. Probe deployments are designed to cause Neuromuscular Incapacitation. 2. Primary probe deployment should be to the large muscle groups on the back of the suspect. 3. Secondary probe deployment areas should be one probe to the lower abdomen and the second probe below the belt line into the large muscles of the pelvic triangle and legs 4. If subjects are wearing heavy outer wear, target points should be the large muscle groups of the legs. 5. If no other target is available, Officers are authorized to deploy probes to the chest, but it should be a last resort. 6. Officers are prohibited from targeting the head/face area of the subject. 7. The laser sight from the TASER shall never be aimed at the subjecYs face, head or eyes. 8. Officers are required to handcuff/take control of the subject while under power of the TASER when it is tactically safe to do so. This will reduce the need for additional TASER cycles. B. Guidelines for TASER X26 DRIVE STUN TECHNIQUES: 1. Drive stun techniques are designed for pain compliance and areas targeted are pressure points or large muscle masses. 2. Officers should deploy the TASER at close range to insure that both probes go into the subject (approximately two inch probe spread). Officer should then follow up by touching the subject approximately twelve to fifteen inches away from the probes to complete the circuit. This will minimize multiple signature marks from the drive stun techniques. 2 3. Drive stun techniques are prohibited to the head, neck or groin area. Officers applying pressure to the neck run the risk of collapsing the trachea and pressure to the groin could injure vital organs. 4. Drive stun techniques can be utilized by without deploying probes: a. By removing the cartridge. b. If the probes have been deployed and there is a one hit probe, a drive stun technique can complete the circuit. C. Guidelines for TASER X26 PROBE REMOVAL: 1. Officers may remove probes in the field when they have been deployed into a subject. If the probes have been deployed to the head, neck, breast or groin the subject will be transported to a medical facility, via ambulance, for probe removal. Digital photographs of the probe placement should be taken prior to the probes being removed if they were transported to the medical faciliry. 2. Probes that have penetrated the body are considered contaminated needles and appropriate precaution is required. 3. Grab probe firmly and quickly pull straight out. 4. Carefully place used probes tip first into the cartridge side wire pocket container, secure in place, and place in a secure location where no one will accidentally touch the probes. (Keep your free hand clear of the probe area to ensure you do not scrape yourself with the contaminated barb). 5. Use an alcohol swab to clean the puncture marks, then cover the puncture with an adhesive dressing. NOTE: Take digital photographs of the probe entrance sights prior to adhesive dressing the wound. 6. Officers must inspect each probe removed from the suspect to ensure that the barb is still attached to the probe. If the barb is not attached, the subject shall be transported to a medical facility for the removal of the barb. 7. All TASER cartridges and probes shall be collected and digitally photographed. Photographs need to be reviewed by a supervisor prior to the cartridge and probes being placed into the biohazard container located in detention. D. Guidelines for TASER X26 SPARK TEST: 1. A daily spark test should be conducted prior to beginning of the assigned shift. 2. One spark of 1/19th of a second duration is adequate. However, this is not a practical duration. As long as the Officer see's visible spark befinreen the 3 electrodes, it is not necessary to extend the duration. In most cases less than one second is adequate. 3. The reason for the spark test: a. To verify the TASER device is working b. To verify that the batteries are performing and are adequately charged. c. There are components in the high voltage section of the TASER X26 that are more reliable when energized and conditioned on a regular basis. E. Guidelines for TASER X26 BATTERIES: DPM/XDPM 1. 5 year shelf life 2. 2 x 3 volt lithium energy cells 3. Provides up to 195 5-second cycles at room temperature 4. Digital memory (% of battery life remaining) a. Replace DPM when % remaining is < 20% b. Use for training until 1% remaining c. Dispose at 0% i. Caution: Continued use at 0% could cause damage to X26 F. Guidelines for TASER X26 CARTRIDGES: 1. TASER cartridges are used in the X26 and are available in lengths of 15, 21, 25 and 35 feet. 2. Ail cartridges have a five year shelf life. 3. Cartridges: a. 15 foot cartridge, black body with solid yellow blast doors, regular probe. These are used for recertification only. b. XP 25 foot cartridge, black body with solid green blast doors, XP probe which is currently issued for duty use. c. 21 foot cartridge, blue cartridge with blue blast doors, short probe for training live simulation with non-conductive monofilament line tethered to the probes to prevent electrical charge from traveling through the probes when deployed used in department training. 4 G. Guidelines for TASER X26 CARRYING PROCEDURES: 1. The TASER X26 shall be used by Officers who have successfuliy completed the departmenYs TASER training program, or a Certified TASER training program authorized by TASER International or the Regional Police Academy. 2. The TASER X26 will be carried by Patrol Officer, School Resource Officer and Animal Control Officer on a daily basis. 3. All O�cers/Sergeants who are working a scheduled duty shift are mandated to carry the TASER X26 at all times, unless inclement weather precludes the carry. When the number of Officers working exceeds the number of TASER's that are available for use, the sergeant or Master Patrolman will be tasked with assigning the units appropriately. 4. TASER X26 is not mandated to be carried during inclement weather due to accidental discharge and damage to the unit itself. 5. Officers authorized to carry a department TASER X26 shall have the option of utilizing a support side belt mounted holster or a support side drop leg holster. Officers are required to carry the TASER X26 on the side of their body opposite their firearm. Officers should not carry the TASER in a cross draw carry. 6. The TASER shall have the flashlight and laser on at all times when the unit is activated. 7. A TASER will not be left unattended in areas accessible to the public. H. Guidelines for TASER X26 MAINTENANCE AND CARE: 1. The X26 TASER is an electronic item that is complex and can experience different failure modes under extreme conditions. a. Avoid dropping the X26: it is a sensitive electronic device-similar care of a cellular phone is required. b. Check the DPM regularly to insure it is seated correctly and displays an acceptable charge. c. Always store the X26 with the DPM inserted. i. Failure to do so may result in loss of time and date settings, software corruption, and/or X26 failure. d. Secure in a protective holster, when not in use. i. Do not store in pockets without holster. 5 e. Avoid exposing the X26 to excessive moisture i. If completely submerges, return to TASER ii. If rained on or partially damp, remove the DPM and return the TASER to the department TASER Instructor. 2. X26 Dataport a. The X26 has a dataport function that stores the time and date when it was fired. This data protects Officers from claims of excessive use of force by providing documentation of the time, date, duration of each discharge and the system internal temperature at the time of discharge for each firing. The dataport also provides law enforcement with a powerful management tool to track usage patterns, prevent misuse, and develop ongoing training programs. b. The X26 will be down loaded every quarter by the department TASER Instructor and evaluated for proper use or misuse. I. POST DEPLOYMENT GUIDELINES: 1. Following the deployment of a TASER for any reason other than training, the following shall be observed: a. Once the subject is safely in custody, the deploying Officer shall immediately notify their supervisor that a TASER was deployed and used to affeCt an arrest. b. Following the use of less lethal force, immediate medical attention will be provided or obtained for any individual if deemed necessary by the Officer, or if requested by the individual. c. Officers must understand that TASER deployments on a standing subject can lead to secondary injuries from falls. Officers shall conduct examinations for secondary injuries. All secondary injuries shall be reported to a supervisor. d. All TASER cartridges and probes shall be collected and digitally photographed. Photographs should be reviewed by a supervisor prior to the cartridge and probes being placed into the biohazard container located in detention. e. The probes and cartridge will be placed into evidence per department policy if the deployment resulted in injury to the suspect or it was deployed into the head, neck, breast or groin area. J. REPORTING REQUIREMENTS: 1. All deployments involving TASER's will be documented on a Response to Resistance Report Form and Less Lethal Munitions Form, following the Special Order issued 2006. 6 2. The Police Division Captain shail be notified of the TASER usage in accordance with the department notification procedures. Gregory P. Mills Director Approved by the Board of Aldermen: 7