Policy 511: Use of Force
Effective 8/23/2022
Also including Policy 512: Use of Restraints, Policy 513: De-Escalation, and Policy 514: Use of Force Reporting, Investigation, and Review
511.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance and direction to staff in the use of force during the lawful performance of their duties. This policy applies to all Office of the Sheriff Custody Bureau ("Sheriff's Office") sworn staff in the use of force against any person, which includes inmates and non-inmates.
511.1.1 DEFINITIONS
For the purposes of this policy, the following terms are defined as follows:
Appropriate Force - Force that is objectively reasonable, necessary, proportional and consistent with this policy.
Cooling Off Period - A period of at least ten minutes since the most recent interaction with Custody Bureau staff during which Custody Bureau deputies will not verbally interact with the person prior to a planned course of action and should back away from the immediate presence of the person if consistent with safety and security.
Deadly Force - Any use of force that creates a substantial risk of causing death or serious bodily injury. Deadly Force includes, but is not limited to, the discharge of a firearm.
De-escalation - The process of using strategies and techniques intended to decrease the intensity of the situation. The goal of De-escalation is to gain the voluntary compliance of the person and thereby reduce or eliminate the necessity to use physical force.
De-escalation Techniques and Tactics - Actions used by deputies that minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from the person.
De Minimis Force - De Minimis Force is a physical interaction meant to separate, guide, and/ or control the person in a manner that does not cause more than momentary discomfort, and is not reasonably likely to cause any pain, including: control holds or joint manipulation techniques without pain, hands or equipment used to stop, push back, separate, guide, or escort a person, handcuffing, holding or displaying a weapon without pointing it at a person, or displaying pepper spray.
Force Options - Force Options are choices identified by deputies and agency policy to overcome Resistance, effect an arrest, prevent an escape, or gain control of an incident.
Feasible - Means reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the deputy or another person.
Imminent Threat - A threat of death or serious bodily injury is "imminent" when, based on the totality of the circumstances, a reasonable deputy in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
Inappropriate Force - Force that is not objectively reasonable, necessary, or proportionate or consistent with this policy.
Intermediate Force - Force that is more than De Minimis Force and less than Deadly Force. This includes force that causes temporary pain, a complaint of temporary pain, or force likely to cause injuries less than a Serious Bodily Injury.
Objectively Reasonable Force - An objective standard viewed from the perspective of a reasonable deputy on the scene, without the benefit of 20/20 hindsight, and within the limitation of the Totality of the Circumstances presented at the time of incident.
Planned Response - A situation where time and circumstances allow staff the opportunity to strategize an approach to an incident that might require force (e.g., to remove a person from a confined space or to otherwise enter that confined space within the jail).
Proportional Force - To be proportional, the level of force applied must reflect the Totality of Circumstances surrounding the situation at hand, including the nature and immediacy of any threats posed to staff and others. Deputies must rely on training, experience, and assessment of the situation to decide an appropriate level of force to be applied. Reasonable and sound judgment will dictate the Force Option to be employed. Proportional force does not require deputies to use the same type or amount of force as the subject. The more immediate the threat and the more likely that the threat will result in death or serious physical injury, the greater the level of force that may be proportional, objectively reasonable, and necessary to counter it.
Reactive Force - A situation that requires the immediate use of force because the person is engaged in conduct that poses a threat to safety or security that necessitates an immediate response.
Reportable Force – The following categories of force or circumstances as a result of the use of force require mandatory reporting both verbally and in writing to a supervisor.
(a) The use of Intermediate Force or Deadly Force
(b) Force that results in complaints of sustained pain or injury that continues after the incident
(c) Force that results in injury, Serious Bodily Injury, or death
(d) An event that is designated by a supervisor as reportable.
Staff is not required to report the use of De Minimus Force; however, staff may in their discretion choose to report the incident if the circumstances of the interaction with the inmate lead the deputy to believe that the incident should be documented for other reasons (e.g., inmate makes allegations that differ from the staff member's account).
Resistance - Conduct by a person that indicates a level of unwillingness to comply with a legitimate correctional objective, obstructs deputies' attempts to have a person comply with orders, or physically attacks staff. The five levels of Resistance in order of increasing severity are:
(a) Compliant - subject offers no resistance.
(b) Passive Non-Compliant - Does not respond to verbal commands but also offers no physical form of resistance.
(c) Actively Resistant - Physically evasive movements to defeat a deputy's attempt at control, including running away or verbally or physically signaling an intention to avoid or prevent compliance with a legitimate custodial objective.
(d) Assaultive - Aggressive or combative; attempting to assault the deputy or another person, physically displays an intention to assault the staff member or another person.
(e) Life-Threatening - Any action likely to result in serious bodily injury or death of the deputy or others.
(f) Self Harm - Self-injurious harm that the person is inflicting upon themselves but is not likely to cause Serious Bodily Injury.
Serious Bodily Injury - Serious Bodily Injury includes but is not limited to loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement. For the purposes of state reporting, Serious Bodily Injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ, as defined in Government Code 12525.2(d).
Seriously Mentally Ill (SMI) - a designation given to a person by mental health staff.
Substantial Self Harm - Harm that the person is inflicting upon themselves that is likely to cause Serious Bodily Injury or death.
Supervisor - Sergeants and higher-ranking sworn deputies are supervisors. Non-sworn custody staff are not included as supervisors for the purposes of this policy even though they may perform supervisory or management functions.
Totality of the Circumstances - All facts known to the deputy at the time, including the conduct of staff and the involved person leading up to the use of force.
511.2 POLICY
It is the policy of the Sheriff's Office to value and preserve human life, defend the civil rights and dignity of all persons, and to accomplish its custodial mission with the cooperation of persons in custody and with minimal reliance on the use of force. The minimization of the use of force starts with the routine, daily conduct by staff with persons in custody. Staff are expected to treat persons under the custody and care of the Sheriff's Office with respect, maintain professionalism, and reduce the necessity for the use of force to the maximum extent possible through positive interactions.
Despite the best efforts of staff to establish and maintain a culture of cooperation, staff will be confronted with persons presenting varying degrees of Resistance. In these situations, staff shall make reasonable efforts, as time and circumstances permit, to avoid using force and gain voluntary compliance through De-escalation consistent with the Sheriff's Office De-escalation Policy.
It is the policy of the Sheriff's Office to promote the use of De-escalation Techniques. If the degree of Resistance presented by the person makes De-escalation not feasible or De-escalation Techniques and Tactics have been tried and were ineffective, deputies are authorized to use Appropriate Force. The authority to use force is a serious responsibility that deputies must exercise judiciously and with respect for human rights, dignity, and the sanctity of human life. Deputies shall use only the amount of force necessary to bring the incident under control. Staff shall not create the need to use force. Force must be objectively reasonable, necessary, and proportional.
511.3 RELATIONSHIP WITH OTHER POLICIES
(a) De-escalation: When faced with a situation that has the potential for a person to be non-compliant, resistant, or assaultive, deputies shall use De-escalation Techniques and Tactics in an effort to eliminate the need for force consistent with the Sheriff's Office De-escalation Policy.
(b) Restraints: The use of restraints shall be consistent with the Sheriff's Office Use of Restraints Policy.
(c) Use of Firearm: Custody Bureau deputies that are authorized to carry a firearm and use a firearm are governed by the Sheriff's Office Use of Firearms General Order.
(d) Conducted Energy Devices: Custody deputies that are authorized to carry and use a conducted energy device are governed by the Conducted Energy Device policy
(e) Investigating, Reporting, and Review of Force: All reportable Force shall be investigated, documented, and reviewed consistent with the Sheriff's Office Use of Force Investigations, Reporting, and Review policy.
(f) Body Worn Cameras: Use of force events shall be recorded consistent with the Sheriff's Office Body Worn Camera System General Order.
(g) Request for Peace Officer Records: Disclosure of use of force records is governed by the Sheriff's Office General Order 16.01 - Release of Information.
511.4 USE OF FORCE PRINCIPLES
(a) Use of Force Shall Be Fair and Unbiased: Deputies shall use force in a manner that is fair and unbiased. Deputies are prohibited from using force to punish, degrade, humiliate, discipline, retaliate against, improperly coerce, discriminate against, or unnecessarily cause pain or injury to a person.
(b) Deputies Shall Not Create the Need for Force: Deputies shall treat persons with respect and shall not provoke or taunt persons thereby creating a need to use force. Deputies shall not do or say anything that intentionally escalates a situation unless necessary to achieve a legitimate correctional objective. Deputies shall take reasonable care that their actions do not create an unnecessary, unreasonable, or disproportionate need to use force.
(c) Deputies shall not use force solely in response to a person's verbal swearing, insults, or threats.
(d) Deputies Shall Provide Verbal Warnings: Whenever feasible prior to the use of any force, deputies should make reasonable efforts to identify themselves as peace officers and to warn that force may be used, unless deputies have objectively reasonable grounds to believe the person is aware of those facts.
(e) Staff Have an Affirmative Duty to Intervene in and Report Inappropriate Force
1. Deputies have an affirmative duty to intervene when present and observing a deputy using force that is clearly beyond that which is necessary, as determined by an objectively reasonable deputy under the circumstances, taking into account the possibility that other staff members may have additional information regarding the threat posed by a person. Staff members who have received all required training on this requirement to intercede and fail to act pursuant to this policy will be disciplined up to and including in the same manner as the deputy that committed the excessive force.
2. Staff shall immediately report potential excessive force to a supervisor when present and observing a deputy using force that the staff member believes to be beyond that which is necessary, as determined by an objectively reasonable deputy under the circumstances based upon the totality of information actually known to the deputy.
3. Retaliation against a staff member that reports another staff member's suspected violation of policy or law to a supervisor or other person who has the authority to investigate the violation is prohibited.
(f) Force Shall be Proportional and Deputies Shall Stop Using Force When Resistance Ends: The use of force requires constant re-evaluation and assessment. Deputies should continuously assess a situation and consider various options as circumstances change. If a force option proves ineffective, deputies should continue to seek the most effective and safest response that is proportional to the threat. This may involve using a force alternative of similar level, De-Escalation Techniques, or in some cases an escalation of force options, but the level of force used should still be proportional to the threat. The amount of force being applied should be continually adjusted to match the changing needs of the situation and proportional to the threat. With the exception of De Minimis Force, the use of force shall stop when Resistance ceases or when the incident is brought under control.
(g) Deputies Shall Use Force Tools Consistent with Training
1. Unless Deadly Force is authorized, deputies shall use tools (e.g., chemical agents, less lethal weapons) that are authorized by the Sheriff's Office in a manner that is consistent with training provided or authorized by the Sheriff's Office.
2. Unless Deadly Force is authorized, deputies are prohibited from using items that are not designed as instruments of force (e.g., flashlights, radios, etc.) as a Force Option.
(h) Deputies Shall Not Use a Carotid Restraint or Apply Pressure to a Person's Neck: The Sheriff's Office does not train deputies in the use of the carotid restraint/chokehold. The carotid restraint/chokehold is prohibited. Deputies shall not apply pressure to a person's neck.
(i) Special Considerations When Using Force on Restrained Persons: A person that is restrained is limited in their ability to move and likely presents a reduced safety or security threat to deputies and others. Deputies shall reassess the Force Option to be used because a restraint lessens the opportunity and/or severity of the threat. Persons in restraints may be unable to break their fall and can sustain greater injury when taken to the ground.
(j) Special Considerations When Using Force on Vulnerable Populations
1. Because of a medical condition, mental impairment, physical or developmental disability, or pregnancy, some persons may be more vulnerable to injury and the level of force that is objectively reasonable and proportionate to address the person's Resistance. These vulnerabilities may not always be known or apparent to deputies. When these vulnerabilities are known or apparent to deputies (e.g., the person is housed in the infirmary, advanced age, or visibly pregnant), deputies should factor in the person's vulnerability in determining the Appropriate Force. A person's vulnerability may also impact the selection of Force Options (See De-Escalation Policy).
2. Persons who are SMI or cognitively impaired (e.g., autism, dementia) may behave erratically, disruptively, or have difficulty responding to direction from deputies. It is important for deputies to recognize that a person's behavior or refusal to follow direction may be a result of one of these conditions. De-escalation Techniques and Tools are of particular importance for this population. Where time and circumstances permit, deputies shall engage in Cooling-Off Periods, use De-escalation Techniques and Tools, and involve medical/mental health staff.
3. Persons with vision/hearing/speech impairments or physical impairments may have limited ability to understand or comply with deputy commands. When feasible, deputies shall consider whether an impairment explains the person's refusal to follow direction and use effective communication strategies to interact with persons who have a vision/hearing/speech impairment and evaluate whether the person is able to comply with deputy directions.
(k) Special Considerations When Using Force in the Collection of Identifying Information or Evidence.
1. Deputies are prohibited from using force to search for evidence inside a person's body unless one of the conditions below are satisfied. Any such searches shall be consistent with the Sheriff's Office Security Searches Policy.
2. Deputies are permitted to use force to extract a substance or item from a person's body as follows:
(a) Deputies may use Appropriate Force to collect evidence required by Penal Code section 296 consistent with the Sheriff's Office Penal Code Section 296 Compliance policy.
(b) Deputies may use Appropriate Force to obtain identifying information required by law to complete required administrative booking steps before release. The use of Appropriate Force shall be preceded by efforts to secure voluntary compliance. Deputies must obtain prior written authorization of the supervisor on duty. The authorization shall include information that reflects the fact that the person was asked to provide identifying information and refused.
(c) Deputies may use Appropriate Force to prevent a person from swallowing a substance that is in their mouth if the safety of the person is at risk (e.g., applying a mastoid hold to prevent swallowing of an object).
3. If deputies suspect that a person has swallowed a harmful substance or is secreting evidence in a body cavity, deputies shall summon medical staff.
(l) Deputies Shall Take Steps to Reduce the Risk of Positional Asphyxia
1. "Positional Asphyxiation" means situating a person in a manner that compresses their airway and reduces the ability to sustain adequate breathing. This includes, without limitation, the use of any physical restraint that causes a person's respiratory airway to be compressed or impairs the person's breathing or respiratory capacity, including any action in which pressure or body weight is unreasonably applied against a restrained person's neck, torso, or back, or positioning a restrained person without reasonable monitoring for signs of asphyxia.
2. Deputies shall take steps to reduce the risk of positional asphyxia by doing the following:
(a) As soon as safe and feasible, move a person in the prone position to their side in the recovery position or assist the person to an upright position.
(b) Restraints should be applied in a manner that does not restrict the person's ability to breathe.
(c) To the extent possible under the circumstances, deputies shall avoid applying pressure to the person's chest, abdomen, or back during an attempt to control a person who is resisting.
(d) Deputies shall immediately stop using their body weight as soon as deputies overcome a person's Resistance.
3. Even though a person can talk during or after a struggle, the person may still be experiencing problems breathing. When a person reports difficulty breathing or has difficulty breathing, deputies shall request medical staff to respond immediately. Deputies shall monitor the person carefully while waiting for medical staff to arrive and, when necessary, provide emergency medical aid.
(m) Deputies Shall Render and Request Medical Care after a Force Event
1. After any use of force, deputies shall, when feasible and safe, promptly provide or procure medical assistance for any person involved in a use of force event.
2. Medical Emergencies: Deputies who reasonably suspect a medical emergency should request medical assistance as soon as feasible and practicable. Deputies will provide basic and emergency medical assistance to the extent of their training and experience in first aid/CPR/AED and to the level of equipment and resources available to them at the time assistance is needed.
3. Non-Emergency Medical Care for Force Events Occurring At the Jails: Adult Custody Health Staff (ACHS) are always available at both jail facilities to provide medical care to incarcerated person. This provision of the policy (Section 511.4(m) (3)) applies to seeking care for incarcerated persons because ACHS does not provide non-emergency medical care to non-incarcerated persons.
(a) Deputies shall ensure all incarcerated persons are seen by medical staff as soon as practical after a force event unless only De Minimis Force was used, and the person is not complaining of pain.
(b) When more than De Minimis Force is used on a person within a jail facility, deputies shall utilize the following procedures for obtaining medical care:
1. Deputies shall immediately notify ACHS medical staff of the incident.
2. Until an ACHS medical staff member evaluates the person, deputies shall continue to monitor the person's condition and, if necessary, provide life-saving measures to the extent of the deputy's training and experience in first aid/CPR/AED and to the level of equipment and resources available to the deputy at the time assistance is needed.
3. If the situation does not allow for the person to be escorted to medical staff, deputies shall immediately request ACHS medical staff to respond to the person's location.
4. If medical care is not immediately available for a person who has been exposed to a chemical agent, deputies shall take action to attempt to relieve the symptoms following the decontamination protocol (See Section 511.8(a)).
5. If ACHS medical staff or a supervisor determines that more extensive medical care is necessary, the person will be transported to an outside facility for medical care.
6. CED probes may result in a small penetration of the skin requiring minimal treatment, which shall be referred to ACHS staff for their evaluation and removal. In the event that the probe is located in a vulnerable area (e.g., face or groin), ACHS may at their discretion send patient to the hospital care for removal and/or further care. Used CED probes shall be treated as a sharp's biohazard, similar to a hypodermic needle, and handled appropriately.
4. Non-Emergency Medical Care for Force Events Occurring Outside of the Jails: When force is used outside of a jail facility (e.g., transporting persons), deputies shall utilize the following procedures for obtaining medical care:
(a) Deputies shall, as soon as feasible, notify a supervisor of the use of force and the person's medical condition.
(b) If the injuries are not serious and appropriate medical care can be provided at the destination, deputies shall continue to monitor the person's condition, where possible, while transporting the persons to the destination. If the destination is the jail, deputies shall immediately seek out medical care.
(c) If appropriate medical care cannot be provided at the destination or deputies determine that immediate medical care is necessary, deputies shall request emergency medical services to respond to the location and shall document the time the emergency medical service response was requested and when it arrived.
(d) Deputies shall immediately notify a supervisor if the person was medically cleared or required additional medical care at an outside medical facility.
511.5 FORCE MUST BE OBJECTIVELY REASONABLE, NECESSARY, AND PROPORTIONAL
(a) Factors Used to Determine the Reasonableness of Force
1. The reasonableness inquiry in a use of force event is an objective one that considers the facts and circumstances confronting deputies. The reasonableness of a particular use of force is based on the Totality of the Circumstances known by deputies at the time of the use of force and weighs the actions of deputies against the rights of the person, in light of the circumstances surrounding the event.
2. Force must be judged from the perspective of a reasonable deputy, rather than with the 20/20 vision of hindsight. The assessment of reasonableness must allow for the fact that deputies are often forced to make split-second decisions – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary for a particular situation.
3. A deputy who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the Resistance by the person being arrested. A deputy shall not be deemed an aggressor or lose the right to self-defense using objectively reasonable force in compliance to effect the arrest, prevent escape, or to overcome Resistance.
4. Factors to be considered in determining the objective reasonableness of force include, but are not limited to:
(a) The apparent immediacy and severity of the threat to deputies or others (Penal Code § 835a).
(b) The conduct of the person being confronted, as reasonably perceived by deputies at the time.
(c) Deputy/inmate factors (e.g., age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of deputies available vs. inmates).
(d) The conduct of the involved deputies (Penal Code § 835a).
(e) The effects of drugs or alcohol.
(f) The person's apparent mental state or capacity (Penal Code § 835a).
(g) The person's apparent ability to understand and comply with deputies' commands (Penal Code § 835a).
(h) Proximity of weapons or dangerous improvised devices.
(i) The degree to which the person has been effectively restrained and his/her ability to resist despite being restrained.
(j) The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a).
(k) The seriousness of the suspected offense or reason for contact with the person.
(l) Training and experience of deputies.
(m) Potential for injury to deputies, inmates, and others.
(n) Whether the person appears to be resisting or is attacking staff.
(o) The risk and reasonably foreseeable consequences of escape.
(p) The apparent need for immediate control of the person or a prompt resolution of the situation to maintain or restore order.
(q) Whether the conduct of the person being confronted no longer reasonably appears to pose an imminent threat to deputies or others.
(r) Awareness of the person's propensity for violence.
(s) Information available to deputies about the person's ability to understand or comply with commands (e.g., apparent or known mental capacity or physical conditions like disabilities).
(b) Force Must Be Necessary: Deputies will use force only when not reasonably effective alternative appears to exist including De-escalation Techniques and Tactics, and then only the amount of force that is reasonable, as determined by an objectively reasonable deputy, to achieve a legitimate correctional objective.
(c) Force Must Be Proportional
1. To be proportional, the amount of force applied must reflect the Totality of Circumstances surrounding the situation at hand, including the nature and immediacy of any threats posed to deputies or others. Deputies must rely on training, experience, and assessment of the situation to decide an appropriate level of force to be applied.
2. Deputies are permitted to overcome Resistance. Proportional Force is not intended to mean a type and intensity of force that is exactly equal to the type and intensity of force being used by the person. The term Proportional Force is intended to highlight that the level of force deputies use shall be no more than is necessary to overcome the unlawful force or Resistance being confronted by the deputy.
(d) When Intermediate Force is Reasonable, Necessary, and Proportional: Deputies are authorized to use Intermediate Force that is objectively reasonable, necessary, and proportional. Examples of when Intermediate Force may be used include:
1. To prevent physical harm to any person.
2. To enforce rules, policies, regulations, statutory provisions, and/or court orders, where non-Force Options have proven ineffective, and there is an immediate need for compliance to avoid serious disruption to correctional operations.
3. When a person is actively assaulting another person.
4. To effect a lawful arrest.
5. To prevent escape from a correctional facility or the lawful custody of deputies (e.g., Transportation).
6. To prevent the destruction of property that raises a significant safety or security risk.
7. To prevent the throwing of any bodily substance including but not limited to saliva, blood, seminal fluid, urine, and feces.
8. To prevent the destruction of evidence of a crime except as provided in Section 511.4(k).
9. To collect biological samples pursuant to Penal Code § 296 consistent with the Sheriff's Office Penal Code Section 296 Compliance policy.
(e) When Deadly Force is Reasonable, Necessary, and Proportional
1. Deputies are authorized to use Deadly Force upon another person only when deputies reasonably believe, based on the Totality of the Circumstances, that Deadly Force is necessary for either of the following reasons:
(a) To defend against an Imminent Threat of death or Serious Bodily Injury to the deputy or to another person.
(b) To apprehend a fleeing person for a felony that threatened or resulted in death or Serious Bodily Injury, if the deputy reasonably believes that the person will cause death or Serious Bodily Injury to another unless immediately apprehended. Where feasible, the deputy shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that Deadly Force may be used, unless the deputy has objectively reasonable grounds to believe the person is aware of those facts.
2. In determining whether deadly force is necessary, deputies shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable deputy to achieve a legitimate correctional objective.
3. Deputies shall not use Deadly Force against a person based on the danger that the person poses to themselves, if an objectively reasonable deputy would believe the person does not pose an Imminent Threat of death or Serious Bodily Injury to the deputy or to another person.
511.6 REACTIVE FORCE AND PLANNED RESPONSE
Deputies are frequently faced with decisions about how to respond to potential threats from persons. Some of those situations provide an opportunity for a Planned Response and other situations require deputies to use Reactive Force.
(a) Reactive Force: Reactive Force occurs when force is used to respond without delay to a situation or circumstance that constitutes an Imminent Threat to security or safety. Deputies are authorized to use Appropriate Force when the circumstances necessitate Reactive Force. Supervisor approval is not required for Reactive Force.
(b) Planned Response to a Possible Force Event
1. Deputies shall plan for a possible force event when:
(a) The person is in a confined area (e.g., cell, pod, dayroom, or dorm) that can be controlled or isolated and is not an Imminent Threat to others, and
(b) Deputies need to remove the person from the confined area or enter the confined area, and
(c) The person's past or present conduct makes it likely that person will engage in Resistance, and
(d) Time and circumstances permit advance planning, staffing, and organization.
2. The following types of events require the following additional measures during a Planned Response event:
(a) Court Order for Person to Appear in Court: Where a court has ordered a person to physically appear in court and the person is refusing to go to court, a supervisor shall make reasonable efforts to contact the judge issuing the order (or an alternate judge, if the issuing judge is not available) and advise the court that force may be necessary to enforce the court order, and allow the court an opportunity to enforce, rescind, or delay the court order. If the judge elects to enforce the existing order, the planned course of action may proceed after receipt of written confirmation of the judge's decision to enforce the order to appear. The court's written confirmation shall be included with the use of force report.
(b) Involuntary Medication Orders: At times, a court or medical provider may authorize the involuntary administration of medication. When a medical provider determines that a person requires medication and the patient is refusing to voluntarily accept the medication, deputies shall assist medical staff in the involuntary administration of medication using Appropriate Force.
(c) Acute Psychiatric Unit Housing: If mental health staff request that an inmate be moved to the Acute Psychiatric Unit and the inmate refuses to move to the Acute Psychiatric Unit and, thus, deputies anticipate the need to use force, deputies shall notify a mental health staff member to discuss the planned use of force as follows:
1. Danger to Self: If the concern is for danger to self and the incarcerated person does not want to comply with the move, deputies shall consult with mental health staff to determine if the person must be moved immediately for their safety. Custody Bureau deputies and mental health staff shall discuss if the move is necessary to prevent self-harm and warrants extracting the person from their cell by force or if the person can be safely maintained in the current housing (e.g., with 15 minute checks, etc. An incarcerated person on 15-minute checks cannot be safely maintained in an open dorm setting) until they are calm enough to be moved without force.
2. Danger to Others/Grave Disability: If the hold is for danger to others or grave disability, deputies will not move the person using force unless a mental health provider advises that the risk to the patient remaining in the housing unit outweighs the potential use of force.
(c) Supervisor's Responsibilities in Planned Response Event: Supervisors shall oversee a Planned Response event and develop a plan that evaluates the following:
1. Consider the exigency and importance of the need to use force prior to approving and executing any Planned Response event.
2. Identify one or more deputies to attempt to obtain the person's voluntary cooperation using the De-escalation Techniques and Tools consistent with the Office's De-escalation policy.
3. Consult the person's behavior management plan, if any, for strategies about how to engage the person.
4. Provide the person with a Cooling Off Period.
5. Request the presence of mental health staff. Inform mental health staff of the Planned Response, the nature of the force to be potentially used, and, where possible, allow mental health staff an opportunity to delay the implementation of the Planned Response in an effort to resolve the situation
6. Consult with medical staff to determine whether the person has any medical conditions that may impact staff's decisions about the Force Option to be used.
7. Evaluate whether to use the Emergency Response Team (ERT) who, if activated, will plan the response.
8. Check for prior force events involving the same individual, when determining which force options to use.
9. Evaluate the most appropriate Force Option to achieve immediate control of the person if voluntary cooperation cannot be obtained through non-force alternatives.
10. Request the presence of ACHS medical staff to provide medical care to affected persons immediately after the Planned Response.
511.7 FORCE OPTIONS
The order of force avoidance strategies and Force Options listed below are not intended to suggest that deputies use them in this order. In most force events, there will be a range of options rather than a single acceptable choice.
(a) De-escalation: Where time and circumstances permit, deputies shall avoid or minimize the use of force by using De-escalation Tactics and Techniques consistent with the Sheriff's Office De-escalation policy.
(b) Physical Presence: The presence of sworn personnel in authorized uniform and/or badge and safety equipment should be displayed to the person. The physical presence of deputies may be enough to resolve or minimize the need for force during a force event.
(c) Verbal Commands
1. Deputies shall use verbal commands that consist of a warning and opportunity to comply. Deputies should generally not use force immediately when encountering noncompliance with verbal directions. Instead, whenever feasible, before using force, deputies shall:
(a) Provide clear instructions and warnings;
(b) Attempt to determine whether the person has a special need, mental condition, physical limitation, developmental disability, or language barrier (see Section 511.5(a)(4));
(c) State the consequences of refusing to comply with a mandatory directive, including that force will be used unless the person complies; and
(d) Give the person a reasonable opportunity to comply.
2. Verbal commands should be used before and, where possible, during the use of Force Options. Verbal commands should be given by as few deputies as possible to avoid confusing the person.
(d) Control Holds and Techniques Without Pain Compliance:
1. Where possible in response to a person's Resistance, deputies shall use control holds, joint manipulation techniques, and other physical contact with the person used to separate, guide, and/ or control the person in a manner that does not cause any pain and is not reasonably likely to cause any pain. The use of these techniques constitutes De Minimis Force and is authorized for any level of Resistance.
(e) Pain Compliance Control Holds
1. Description: Control holds are a technique that consists of holds on the hands, arms, shoulders, or legs of a resisting person designed to cause temporary pain and encourage compliance by the application of pressure.
2. Use: All deputies are authorized to use control holds with pain compliance.
3. Approval: No supervisor approval is required to use control holds with pain compliance.
4. Force Event: Control holds with pain compliance are authorized during Reactive or Planned Response events.
5. Resistance Types: Control holds with pain compliance are authorized in response to Passive Non-Compliant, Actively Resistant, Assaultive, and Life-Threatening Resistance and to prevent Self-Harm or Substantial Self Harm.
6. Special Instructions: The pressure used for a control hold should be lessened when a person is no longer resisting but the control hold may be maintained until it is no longer needed to control the person.
(f) Chemical Agents
1. Description: Chemical agents can be deployed through a handheld canister or through delivery devices that forcefully deploy chemical agents toward a person but are not used as impact weapon. Examples of these delivery devices include Clear Out, incendiary CS/OC agents, and air-delivery system like a pepper ball launcher used as a chemical agent delivery system. When used as a less-lethal weapon as opposed to a chemical agent delivery system, pepper ball launchers are subject to Section 511.7(k) below.
2. User: Any deputy who has completed training on the chemical agent device is authorized to use the device.
3. Approval: No supervisor approval is required to use hand-held chemical agents. Use of a chemical delivery device requires supervisor approval.
4. Force Event:
(a) Hand-held chemical agents are authorized during Reactive or Planned Response events.
(b) Chemical agent delivery devices are only authorized during Planned Response events.
5. Resistance Type:
(a) Hand-held chemical agents are authorized in response to Passive Non- Compliant (in a Planned Response use of force only), Actively Resistant, Assaultive, or Life-Threatening Resistance and to prevent Self-Harm or Substantial Self Harm.
(b) The use of chemical agent delivery devices is only authorized under circumstances authorized by a supervisor.
6. Special Instructions:
(a) Medical Contraindications: For Planned Response events, deputies shall consult with medical staff about whether the person has a medical condition that will be negatively impacted by using chemical agents.
(b) Fall Risk: Deputies shall consider the possibility of unintended injury because of the application of the chemical agent (e.g., increased possibility of falling down the stairs due to disorientation).
(c) Warnings: If safe and feasible, deputies shall announce a warning to the person and other staff of the intent to use the chemical agent and give the person a reasonable opportunity to voluntarily comply.
(d) Uninvolved Persons: Deputies will make reasonable efforts to avoid exposing uninvolved persons to chemical agents during deployment.
(e) Repeated Use: Deputies shall not continue the use chemical agents when repeated deployment appears ineffective in the situation.
(f) Decontamination Process: Follow the decontamination process outlined in Section 511.9.
(g) Pressure Point Controls
1. Description: Physical methods of control using nerve pressure points or nerve motor points. These include the use of pressure points, which may generate pain if the offender continues to resist, but which are not reasonably expected to cause serious injury. Examples of pressure point controls include mastoid, inter-elbows, collarbone/clavicle (avoid throat).
2. User: All deputies are authorized to use pressure point controls.
3. Approval: Pressure point controls do not require supervisor approval.
4. Force Event: Pressure point controls are authorized during Reactive or Planned Response events.
5. Resistance Type: Pressure point controls are only authorized in response to Actively Resistant, Assaultive, or Life-Threatening Resistance and to prevent Self-Harm or Substantial Self Harm.
6. Special Instructions: When using pressure point controls, increased pressure from deputies generally produces increased pain. Deputies shall use only the amount of pressure necessary to control or restrain a person consistent with the objective being achieved.
(h) Takedowns
1. Description: A takedown is a maneuver where a person is swiftly brought to the ground from a standing or seated position.
2. User: All deputies are authorized to use takedowns.
3. Approval: No supervisor approval is required for a takedown.
4. Force Event: A takedown is authorized during Reactive or Planned Response events.
5. Resistance Type: Takedowns are only authorized in response to Actively Resistant, Assaultive, or Life-Threatening Resistance and to prevent Self-Harm or Substantial Self Harm.
6. Special Instructions:
(a) Fall Risk: Deputies shall recognize the risk of injury to a person in a takedown, particularly when the person is handcuffed or shackled, which limits the person's ability to break their fall.
(b) Takedowns as part of an ERT extraction are permitted.
(i) Conducted Energy Devices (CED)
1. Description: A CED delivers electronic energy to produce neuro-muscular incapacitation in the subject.
2. User: All staff who have received department training are authorized to use CEDs.
3. Approval: No supervisor approval is required for a CED.
4. Force Event: CEDs are authorized during Reactive or Planned Response events.
5. Resistance Type: CEDs are authorized in response to, Assaultive, or Life-Threatening Resistance, and to prevent Substantial Self Harm where the circumstance may pose a substantial threat to staff.
6. Special Instructions:
(a) Medical Issues: For Planned Response events, deputies shall consult with medical staff in advance of using the CED about the individual's medical condition so that can be factored in the analysis of the use of CED.
(b) Fall Risk: Because a CED results in neuro-muscular incapacitation, the individual is very likely to fall. The fall presents a collateral risk of injury that deputies shall consider in the application of the CED (e.g., increased possibility of falling down the stairs due to disorientation). (c) Warnings: If safe and feasible, deputies shall announce a warning to the person and other staff of the intent to use the CED and give the person a reasonable opportunity to voluntarily comply. Staff may also activate the embedded warning device in the CED in lieu of verbal warning.
(d) CED shall not be used on a person who is known to be pregnant (Penal Code § 4023.8).
(e) CED shall not be used on persons who are handcuffed or otherwise restrained except when life-threatening situations exists, and other Force Options are not possible.
(f) Deputies shall weigh the known vulnerabilities or medical frailties (e.g., the person is housed in the infirmary, advanced age, post-surgery, small stature in the decision to utilize the CED.
7. Operational Instructions:
(a) Staff shall, to the extent safe and feasible, communicate with each other in advance of discharging a CED to avoid applying more than one CED against a subject.
(b) Staff shall make reasonable efforts to avoid exposing uninvolved persons to the CED during deployment.
(c) The CED shall only be used when staff can safely deploy the device within its operational range.
(d) Staff shall not intentionally aim the laser at the individual's eyes.
(e) When practicable, reasonable efforts should be made to target the back, lower center mass, and upper legs of the subject, and staff shall not intentionally target the head, neck, chest, and groin.
(f) Staff shall consider the risk of using the CED on incarcerated persons who have been recently sprayed with a flammable chemical agent or who are otherwise known to be in close proximity to any known combustible vapor or flammable material, including alcohol-based OC spray. The OC issued by the Office is compatible with CED deployment.
(g) Neuro-muscular incapacitation is only possible with two trigger pulls and after two probes make positive contact with the individual. An additional trigger is authorized to complete neuro-muscular incapacitation.
(h) Once a deputy has successfully deployed two probes on the subject, the deputy should continually assess the subject to determine if additional probe deployments or cycles reasonably appear necessary. Additional factors deputies may consider include but are not limited to:
1. Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications.
2. Whether the probes are making proper contact.
3. Whether the individual has the ability and has been given a reasonable opportunity to comply.
4. Whether verbal commands or other options or tactics may be more effective. (i) To reduce risk, deputies shall minimize the number and duration of CED exposures.
(i) To reduce risk, deputies shall minimize the number and duration of CED exposures.
1. Use the shortest duration objectively reasonable to accomplish lawful objectives.
2. Reassess the subject's behavior, reaction, and resistance before initiating or continuing the exposure.
3. If a CED deployment is ineffective in achieving compliance, deputies should consider alternative control measures in conjunction with or separate from the CED consistent with Principles of Force.
4. Deputies shall not exceed four cumulative CED exposures during a single encounter, unless the use of deadly force would otherwise be authorized.
(j) Personal Body Weapon Strikes
1. Description: Personal body weapon strikes consist of forceful strikes by deputies using their hand/fist, forearm, elbow, foot, knee, and/or shin.
2. User: All deputies are authorized to use personal body weapon strikes.
3. Approval: No supervisor approval is required to use personal body weapon strikes.
4. Force Event: Personal body weapon strikes are authorized in Reactive or Planned Response events.
5. Resistance Type: Personal body weapons strikes are only authorized in response to Assaultive or Life-Threatening Resistance and to prevent Substantial Self Harm.
6. Special Instructions: Unless Deadly Force is authorized, deputies are prohibited from striking a person with a personal body weapon in the head, neck, spine, kidney, or groin.
(k) Impact Weapons
1. Description: Impact weapons are devices used (a) to prevent a person's movement (e.g. crowd control, riot); or (b) to strike a person. Examples of impact weapons include devices such as batons, collapsible batons, and Yawara sticks.
2. User:
(a) Gun-bearers are authorized to carry and use agency-issued batons while on a gun-bearing assignment after being trained on their use by the Sheriff's Office or authorized training.
(b) Trained deputies are authorized to carry batons and Yawara sticks during ERT activations or critical incidents including, but not limited to, escapes, and riots.
3. Approval: No supervisor approval is required to use impact weapons.
4. Force Event: Impact weapons are authorized during Reactive or Planned Response events.
5. Resistance Type:
(a) Impact weapons used to prevent a person's movement (non-striking actions) may be used in response to Actively Resistant, Assaultive, or Life-Threatening Resistance and to prevent Substantial Self Harm.
(b) Impact weapons used to strike a person are only authorized in response to Assaultive or Life-Threatening Resistance and to prevent Substantial Self Harm.
6. Special Instructions: Unless Deadly Force is authorized, deputies are prohibited from striking a person with an impact weapon in the head, neck, spine, kidney, or groin.
(l) Less-Lethal Weapons and Munitions
1. Description: Devices that expel or propel less-lethal ammunition by any action, mechanism, or process for the purpose of incapacitating, immobilizing, or stunning a person through the infliction of any less than lethal impairment of physical condition, function, or sense, including physical pain or discomfort. Examples include the FN303 and Defense Tech 40mm Launcher. Less-lethal weapons and munitions include weapons that utilize compressed air to launch projectiles that may be filled with chemical agents.
2. User: Trained deputies are authorized to use less lethal weapons.
3. Approval: Supervisor approval is required to use less lethal weapons.
4. Force Event: Less lethal weapons are authorized during a Planned Response event.
5. Resistance Type: Less lethal weapons are only authorized in response to Resistant, Assaultive, or Assaultive or Life-Threatening Resistance; to prevent Substantial Self Harm; or when reasonably necessary for restoration or maintenance or order during dorm extraction/significant jail disturbance involving multiple persons as determined by the supervisor.
6. Special Instructions:
(a) During use of the less lethal weapons, deputies shall observe stand-off distances applicable to the less lethal weapon and deploy the weapon using the effective range consistent with Sheriff's Office authorized training for the specific less lethal weapon.
(b) Unless Deadly Force is authorized, less lethal munition shall not be directed at the person's head, neck, groin, or spine.
(c) During the use of less lethal weapons that contain a chemical agent, deputies shall follow the use conditions of chemical agents above in section 511.9 regarding decontaminating after use of chemical agents, checking for medical contraindications where possible, preventing fall risk, providing warnings, avoiding uninvolved persons, and decontamination.
(d) Special consideration will be given when information indicates that the subject has a physical condition that could increase the effect of less-lethal munitions. Less-lethal shall not be used on a person who is known to be pregnant except when life-threatening situations exists, and other Force Options are not possible.
(m) Firearms
1. Sheriff's Office deputies working in a gun-bearing assignment are authorized to carry a firearm.
2. Deputies are prohibited from carrying a firearm while in the jail facilities consistent with the Sheriff's Office Use of Firearms policy.
3. Deputies are authorized to use a firearm under the circumstances set forth in the Sheriff's Office Use of Firearms General Order.
511.8 SCENE MANAGEMENT FOLLOWING A USE OF FORCE INCIDENT
(a) Decontamination Process for Force Event Involving Chemical Agents
1. Deputies shall offer the subject of the force event and any other person that was exposed to chemical agents the opportunity to decontaminate as soon as practical outside their cell. The person has the right to refuse decontamination.
2. Decontamination is accomplished by exposing the person to fresh air or flushing the affected body area with copious amounts of cool water (e.g., shower, sink). The amount of water that will be sufficient for decontamination will depend on the situation, but it should be sufficient to allow for decontamination.
3. Deputies shall offer anyone who is decontaminated clean clothing and, where necessary, change of bedding. Deputies shall not return the person to a contaminated cell until sufficient time has elapsed for the chemical agent to dissipate.
4. Deputies shall provide reasonable accommodations to disabled persons who require assistance during the decontamination process. Deputies shall document their decontamination efforts.
(b) Deputies' Responsibilities: As soon as feasible, deputies shall:
1. Secure any uninvolved persons who are in the area where the incident took place.
2. Summon a supervisor to the scene if one is not already present.
3. If a supervisor was physically involved in the use of force, another supervisor who was not involved shall be summoned to the scene and assume control of the incident. In such cases, provisions in this policy requiring action on the part of the supervisor will refer to the uninvolved supervisor.
4. Separate and secure the involved persons.
5. Where sufficient deputies are present, deputies involved in the use of force shall not escort the person involved in the force event away from the scene unless:
(a) A supervisor determines there are no other deputies available for the escort. Supervisors making such a determination shall document in the use of force report the reason for that decision.
(b) The event was an ERT activation.
6. Report the incident to the supervisor.
(c) Supervisor Responsibilities: As soon as practical after the incident, the supervisor shall:
1. Ensure that Central Control is notified of the incident. Central Control shall document the date, time, and location of the incident, assign an incident number to it, and record a brief synopsis of the event.
2. Notify the watch commander of the incident.
3. Advise deputies that communications with deputies who were involved or witnessed the use of force incident are prohibited until any required reports are complete and submitted.
4. Identify persons who were involved in or witnessed the use of force and isolate those persons from others to be interviewed.
5. Ensure that the scene is preserved to protect any evidence that exists.
6. Initiate the investigation and reporting process pursuant to the Sheriff's Office Use of Force Investigation, Reporting, and Review policy.
511.9 TRAINING
(a) The Training and Compliance Division will provide Use of Force training as part of the STC perishable skills training cycle, which will include alternatives to force and de- escalation techniques.
(b) This policy will be referenced and reviewed during Use of Force training classes.
(c) Deputies required to attend perishable skills Use of Force training classes will demonstrate knowledge, understanding, and competency of this policy. Deputies will receive training on the following subjects:
1. Guidelines regarding the Use of Force with respect to vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.
2. Approved training in Arrest and Control, Crisis Intervention Training (CIT), interpersonal/strategic communication, and de-escalation techniques.
511.9.1 PERIODIC POLICY TRAINING
Supervisors should conduct and document regular periodic briefings concerning this policy and the storage and use of weapons and control devices.
511.10 POLICY REVIEW
This policy shall be reviewed at least once every two years.
511.12 POLICY TRACKING
| Date of Origin: | 4/28/2022 |
| Review Date: | 10/21/2026 |
| Revision Date: | 10/21/2024 |
| Date Approved: | 10/21/2024 |
| Effective Date: | 10/22/2024 |
| Supersedes: | Policy 511-Use of Force revised 8/22/2023 |
| References | Government Code 12525.2(d), General Order 16.01 – Release of Information, Policy 509 – Conducted Energy Devices, Policy 513 – De-Escalation, Penal Code 296, 835a |
| Regulatory Authority 15 CCR 1029 | 5 CCR 1029 |