HCSD — Standard Operating Procedures

304.1 PURPOSE AND SCOPE

This policy provides guidelines for the issuance and use of a TASER less-than-lethal device, also known as a Conducted Energy Weapon (CEW).

304.2 POLICY

The CEW is used in an attempt to control a violent or potentially violent individual. The appropriate use of such a device may result in fewer serious injuries to deputies and suspects.

304.3 ISSUANCE AND CARRYING CEW

Only members who have successfully completed Department-approved training may be issued and may carry the CEW.

The Sheriff's designee for issuing CEW should keep a log of issued CEW and the serial numbers of cartridges/magazines issued to department members.

CEW are issued for use during a member's current assignment. Those leaving a particular assignment may be required to return the device to the Department inventory.

Deputies shall only use the CEW and cartridges/magazines that have been issued by the Department.

Cartridges/magazines should not be used after the manufacturer's expiration date.

Uniformed deputies who have been issued the CEW shall wear the device in an approved holster.

Members carrying the CEW should perform a spark test prior to every shift.

Deputies who carry the CEW while in uniform may carry it in a holster on the side opposite the duty weapon (Penal Code § 13660).

• All CEW shall be clearly distinguishable to differentiate them from the duty weapon and any other device.
• Whenever practicable, Deputies should carry two or more cartridges on their person when carrying the CEW.
• Deputies should not hold a firearm and the CEW at the same time.

Non-uniformed deputies may secure the CEW in a concealed, secure location in the driver's compartment of their vehicles.

304.3.1 USER RESPONSIBILITIES

Deputies shall be responsible for ensuring that the issued CEW is properly maintained and in good working order. This includes a function test and battery life monitoring, as required by the manufacturer, and should be completed prior to the beginning of the deputy's shift. CEWs that are damaged or inoperative, or cartridges/magazines that are expired or damaged, shall be returned to the Sheriff's Designee for handling that equipment for disposition. Deputies shall submit documentation via COC stating the reason for the return and how the CEW or cartridge/magazine was damaged or became inoperative, if known.

304.4 VERBAL AND VISUAL WARNINGS

A verbal warning of the intended use of the CEW should precede its application, unless it would otherwise endanger the safety of deputies or when it is not practicable due to the circumstances.

The purpose of the warning is to:

• Provide the individual with a reasonable opportunity to voluntarily comply.
• Provide other deputies and individuals with a warning that the CEW may be deployed.

If, after a verbal warning, an individual fails to voluntarily comply with a deputy's lawful orders and it appears both reasonable and feasible under the circumstances, the deputy may, but is not required to, activate any warning on the device, which may include display of the electrical arc, an audible warning, or the laser in a further attempt to gain compliance prior to the application of the CEW. The laser should not be intentionally directed into anyone's eyes as it could permanently impair their vision.

The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the deputy deploying the CEW in the related report.

304.5 USE OF THE CEW

The CEW has limitations and restrictions requiring consideration before its use. The CEW should only be used when its operator can safely deploy the device within its operational range. Although the CEW may be effective in controlling most individuals, deputies should be aware that the device may not achieve the intended results and be prepared with other options.

If sufficient personnel are available and can be safely assigned, a deputy designated as lethal cover for any deputy deploying a CEW may be considered for officer safety.

304.5.1 APPLICATION OF THE CEW

The CEW may be used, when the circumstances reasonably perceived by the deputy at the time indicate that such application reasonably appears necessary to control a person who:

• Is violent or is physically resisting.
• Has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm deputies, themselves, or others.

Mere flight from a pursuing deputy, without additional circumstances or factors, is not good cause for the use of the CEW to apprehend an individual.

The CEW shall not be used to psychologically torment, to elicit statements, or to punish any individual.

304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS

The use of the CEW on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the deputy, the subject or others, and the deputy reasonably believes that the need to control the individual outweighs the potential risk of using the device. This includes:

• Individuals who are known to be pregnant.
• Elderly individuals or obvious juveniles.
• Individuals with obviously low body mass.
• Individuals who are handcuffed or otherwise restrained.
• Individuals known to 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 oleoresin capsicum (OC) spray.
• Individuals whose position or activity is likely to result in collateral injury (e.g., falls from height, located in water, operating vehicles).

Any CEW capable of being applied in the drive-stun mode (i.e., direct contact without probes as a primary form of pain compliance) should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between deputies and the subject, thereby giving deputies time and distance to consider other force options or actions.

304.5.3 TARGETING CONSIDERATIONS

Recognizing that the dynamics of a situation and movement of the subject may affect target placement of probes, when practicable, deputies should attempt to target the back, lower center mass, and upper legs of the subject, and avoid intentionally targeting the head, neck, area of the heart, or genitals. If circumstances result in one or more probes inadvertently striking an area outside of the preferred target zones, the individual should be closely monitored until examined by paramedics or other medical personnel.

304.5.4 MULTIPLE APPLICATIONS OF THE CEW

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:

• Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications.
• Whether the probes are making proper contact.
• Whether the individual has the ability and has been given a reasonable opportunity to comply.
• Whether verbal commands or other options or tactics may be more effective.

Given that on certain devices (e.g., TASER 10™) each trigger pull deploys a single probe, the deputy must pull the trigger twice to deploy two probes to create the possibility of neuro-muscular incapacitation.

304.5.5 ACTIONS FOLLOWING DEPLOYMENTS

Deputies should take appropriate actions to control and restrain the individual as soon as reasonably practicable to minimize the need for longer or multiple exposures to the CEW. As soon as practicable, deputies shall notify a supervisor any time the CEW has been discharged. The expended cartridge should be submitted into evidence following an arrest/crime and/or if the Deputy believes the CEW application will have any legal liability. The cartridge serial number should be noted and documented on the evidence paperwork and in the report. TASER probes should be photographed and disposed of in a Sharps container to avoid exposure to any blood borne pathogens.

304.5.6 DANGEROUS ANIMALS

The CEW may be deployed against an animal if the animal reasonably appears to pose an imminent threat to human safety.

304.5.7 OFF-DUTY CONSIDERATIONS

Deputies shall ensure that CEWs are secured while in their homes, vehicles, or any other area under their control, in a manner that will keep the device inaccessible to others.

304.6 DOCUMENTATION

Deputies shall document all CEW discharges in the related arrest/crime and/or incident reports. Photographs should be taken of any obvious probe impact or drive-stun application sites and attached to the report. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, audible warning, laser activation, and arcing the device, other than for testing purposes, will also be documented. Data downloads from the CEW after use on a subject should be done as soon as practicable using a Department-approved process to preserve the data.

304.6.1

304.6.2 REPORT DOCUMENTATION

The deputy should include the following in the arrest/crime/incident report:

• The type and brand of CEW and cartridge and cartridge serial number.
• Date, time, and location of the incident.
• Whether any display, laser or arc deterred a subject and gained compliance.
• The number of CEW activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications.
• The range at which the CEW was used.
• The type of mode used (probe or drive-stun)
• Location of any probe impact.
• Location of contact in drive-stun mode.
• Description of where missed probes went.
• Whether medical care was provided to the subject.
• Whether the subject sustained any injuries.
• Whether any deputies sustained any injuries.
• Identification of all personnel discharging CEW
• Identification of all witnesses.
• Medical care provided to the subject.
• Observations of the subject's physical and physiological actions.
• Any known or suspected drug use, intoxication or other medical problems.

304.7 MEDICAL TREATMENT

Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove CEW probes from a person's body. Used CEW probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken.

All persons who have been struck by CEW probes or who have been subjected to the electric discharge of the device, or who sustained direct exposure of the laser to the eyes shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel:

• The person is suspected of being under the influence of controlled substances and/ or alcohol.
• The person may be pregnant.
• The person reasonably appears to be in need of medical attention.
• The CEW probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck).
• The person requests medical treatment.

Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications (i.e. more than 15 seconds) shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another deputy and/or medical personnel and shall be fully documented in related reports. If an audio/video recording is made of the contact or an interview with the individual, any refusal should be included, if possible.

The transporting deputy shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the CEW (see the Medical Aid and Response Policy).

304.8 SUPERVISOR RESPONSIBILITIES

When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CEW may be used. A supervisor should respond to all incidents where the CEW was activated.

A supervisor should review each incident where a person has been exposed to a CEW. The device's internal logs should be downloaded by a supervisor or Certified CEW Instructor and saved with the related arrest/crime and/or incident report. The supervisor should arrange for photographs of probe sites to be taken and witnesses to be interviewed.

304.9 TRAINING

Personnel who are authorized to carry the CEW shall be permitted to do so only after successfully completing the initial Department-approved training. Any personnel who have not carried the CEW as a part of their assignments for a period of six months or more shall be recertified by a qualified CEW instructor prior to again carrying or using the device.

Proficiency training for personnel who have been issued CEW should occur every year. A reassessment of a deputy's knowledge and/or practical skills may be required at any time, if deemed appropriate by the Training Deputy. All training and proficiency for CEW will be documented in the deputy's training files.

Command staff, supervisors, and investigators should receive CEW training as appropriate for the investigations they conduct and review.

Deputies who do not carry CEW should receive training that is sufficient to familiarize them with the device and with working with deputies who use the device.

The Training Deputy is responsible for ensuring that all members who carry CEW have received initial and annual proficiency training. Periodic audits should be used for verification.

Application of CEW during training could result in injuries and should not be mandatory for certification.

The Training Deputy should include the following training:

• A review of this policy.
• A review of the Use of Force Policy.
• Performing weak-hand draws or cross-draws until proficient to reduce the possibility of unintentionally drawing and firing a firearm.
• Target area considerations, to include techniques or options to reduce the unintentional application of probes to the head, neck, area of the heart, and groin.
• Scenario-based training, including virtual reality training when available.
• Handcuffing a subject during the application of the CEW and transitioning to other force options.
• De-escalation techniques.
• Restraint techniques that do not impair respiration following the application of the CEW.
• Proper use of cover and concealment during deployment of the CEW for purposes of officer safety.
• Proper tactics and techniques related to multiple applications of CEW.

Deputy/Officer-Involved Shootings and Deaths