Pasco Sheriff's Office General Order 1.5 Use of Force PDF

PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: USE OF FORCE GENERAL ORDER: 1.5 EFFECTIVE: JANUARY 9, 2023 SUPERSEDES: JULY 22, 2022 ACCREDITATION STANDARDS: CFA 4.01, 4.02, 4.03, 4...

PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: USE OF FORCE GENERAL ORDER: 1.5 EFFECTIVE: JANUARY 9, 2023 SUPERSEDES: JULY 22, 2022 ACCREDITATION STANDARDS: CFA 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 4.10, 15.15 15.21 PAGES: 16 CONTENTS: This order consists of the following numbered sections: I. GENERAL II. FORCE GUIDELINES III. REPORTING AND INVESTIGATING USE OF FORCE INCIDENTS IV. DUTY TO INTERVENE V. GLOSSARY PURPOSE: To establish guidelines and reporting requirements for the use of force by members of the Pasco Sheriff’s Office. SCOPE: This order applies to all members who are authorized to use force in their official capacity. DISCUSSION: The most significant intent of law enforcement is the protection of human life. In order to be consistent with that principle, the use of force must be limited to situations involving resistance to arrest, defense against physical assault, or force necessary to perform official duties. POLICY: Guidelines cannot be written to encompass every possible application for the use of force. However force must not be used indiscriminately or without just cause. Objective reasonableness (Graham v. Connor) defines appropriate force as that amount of force necessary to perform official duties. 1  G.O. 1.5 Members should keep in mind they must be able to accurately describe the actions taken by the person which caused the member to reasonably believe the situation escalated to the degree in which force was necessary. PROCEDURE: I. GENERAL: A. Members shall use only that degree of force necessary to perform official duties. The member shall not use physical force against a person except when necessary in self-defense, in defense of another, to overcome physical resistance to a member’s performance of a legal duty, or to prevent escape of an arrested person. Pursuant to F.S. 776.05, a law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. [CFA 4.01] B. No member will be allowed to make an arrest or carry any agency weapons until he or she has: [CFA 4.03] 1. Successfully completed the required law enforcement or correctional state certification program and is currently certified [CFA 4.03], or 2. Is participating in a formal field training program under a Temporary Employment Authorization (TEA) pursuant to CJSTC Rule 11B-27.00213 [CFA 4.03], and 3. Demonstrated annual proficiency in use of the firearm as determined by an agency- designated instructor. 4. Received training in the laws and agency policy concerning arrest, the use of force and first aid procedures; [CFA 4.03, 4.08] and 5. Received a copy of this General Order. [CFA 4.02] C. Only agency-approved weapons, firearms, and ammunition are authorized for on or off duty use. Nothing in this procedure will restrict an authorized member from utilizing any readily available object as a substitute weapon during an emergency. The use of less lethal weapons other than those authorized by the Sheriff’s Office is not permitted. [CFA 4.05 D] D. All certified law enforcement officers will carry an authorized firearm while on or off duty subject to any restrictions imposed by Florida Statute. E. The Training Section will: 1. Maintain written specifications for all firearms and ammunition authorized for use both off and on duty. [CFA 4.05D] 2. Ensure that the agency lead firearms instructor, armorer, or other qualified designee reviews, inspects, and approves weapons before issuance or authorizing use. Any weapons 2  G.O. 1.5 found to be unsafe or malfunctioning will be removed from service immediately and repaired or replaced. [CFA 4.05F] 3. Ensure that all certified members receive annual training on the agency’s use of force and defensive tactics policies. Ensure all certified members demonstrate proficiency with all approved firearm platforms the member is authorized to employ. The Training Section will provide initial and/or remedial training for all members prior to a member being issued any firearms platform. All Firearms training will be monitored by an agency- approved FDLE certified firearms instructor. Less-lethal weapons and munitions training shall be monitored by an agency approved, certified less-lethal or specialty impact munitions instructor. All firearms related training and proficiency shall be documented by the Training Section. 4. Ensure that newly appointed law enforcement deputies receive oleoresin capsicum (OC), expandable baton (ASP), and Electronic Control Device (ECD) training. 5. Members failing to demonstrate proficiency during re-qualification shall be given immediate remedial training by a certified weapons instructor. 6. If a member cannot demonstrate proficiency after remedial training, he/she will be prohibited from carrying the agency-issued weapon until proficiency is demonstrated. Members who do not qualify after receiving immediate remedial training must make arrangements with the Training Section within 15 days to receive additional remedial training to accomplish qualification. Performance Planning Reports will be completed by the Training Section documenting member performance, remediation, and subsequent qualification. II. FORCE GUIDELINES: A. The Force Guidelines provide a framework for making decisions involving reasonable use of force. The structure of the force guidelines is based on constitutional considerations and case law and describes appropriate decision making in a fluid and dynamic situation. The guidelines consider the relationship between subject resistance and various situational factors in determining response options. B. In Graham v. Connor, the Supreme Court emphasized four key factors that courts will examine when determining what level of force is justified in a response to resistance encounter. Deputies are directed to evaluate these factors when deciding on what level of force to employ to overcome a subject’s resistance. These include: 1. Severity of the crime; 2. Whether the suspect is an immediate threat to the safety of the deputy or others; 3. Whether the suspect is actively resisting arrest; or 4. Whether the suspect is attempting to evade arrest by flight. 3  G.O. 1.5 C. Subject Resistance Levels: 1. Passive resistance is a subject’s verbal and/or physical refusal to comply with a member’s lawful direction forcing the member to use physical techniques to establish control. Examples of passive resistance include: a. The subject refuses to move at the member’s direction; b. The subject peacefully protests at a political event in a public location after being ordered to disburse; c. The subject refuses to take his hands out of his pockets or from behind his back at the member’s direction. 2. Active resistance is a subject’s use of physically evasive movements designed to keep the member from establishing control over the subject. Examples of active resistance include: a. The subject physically anchors himself to a person or object to prevent him from being removed. b. The subject braces or pulls away from the member when the member grips the subject’s arm. c. The subject attempts to run when the member touches or attempts to grab the subject’s arm or shoulder. 3. Aggressive Resistance is when a subject makes attacking movements toward a member that may cause injury but, are not likely to cause death or great bodily harm to the member or others. Examples of aggressive resistance include: a. The subject balls up his fist and approaches the member. b. The subject grabs any part of the member’s body. c. The subject pushes, hits, or kicks the member as the member tries to take the subject into custody. 4. Deadly Force Resistance is a subject’s hostile, attacking movements with or without a weapon that create a reasonable perception by the member that the subject intends to cause and has the capability of causing death or great bodily harm to the member or others. Some examples of deadly force resistance include the following: a. A subject refuses to drop a knife when ordered to do so by the deputy and moves toward the deputy. b. A subject points a gun or shoots at a deputy. c. A subject attempts to strike a deputy with a vehicle. 4  G.O. 1.5 D. Member Response Options: Members should try to resolve the situation with the amount of force reasonably necessary. Command presence and verbal communication often will defuse many volatile situations. Sometimes, however, these are not enough or members may not have an opportunity to use them and a member may have to use physical force to gain control of the situation. Physical force includes physical control, the use of non-lethal weapons, and deadly force. Members need not apply force in gradually increasing steps in order to justify physical control or even deadly force. Instead, members need to respond with the force reasonably necessary for the circumstances in each specific situation. Members should keep in mind the Totality of the Circumstances when involved in a use of force incident. The totality of the circumstances includes consideration of the subject’s form of resistance, all reasonably perceived factors that may have an effect on the situation, and the response options available to the deputy. The Force Guidelines recognize that deputies make use of force decisions based on the totality of the circumstances at the time of the incident. Circumstances are fluid and dynamic, so formulating a valid response requires continual assessment as the situation changes. 1. General considerations. a. Situational factors may include the following: 1) Severity of the crime; 2) Subject is an imminent threat; 3) Subject’s mental or psychiatric history; 4) Subject’s history of violence; 5) Subject’s combative skills; 6) Subject’s access to weapons; 7) The presence of innocent bystanders who could be harmed; 8) Number of subjects versus the number of deputies; 9) Duration of the confrontation; 10) Subject’s size, age, weight, and physical condition; and/or 11) Deputy’s size, age, weight, and physical condition, and defensive tactics expertise. b. Verbal and non-verbal considerations: Deputies are urged to carefully evaluate a subject’s verbal communication and non-verbal actions in confrontational situations. The early application of reasonable force can result in less overall force used, fewer injuries to suspects and fewer injuries to deputies. This is based on the premise that if the subject is controlled earlier, the situation does not have a chance to deteriorate to a point where more force is needed to control the subject. 5  G.O. 1.5 Many physical encounters may be avoided with verbal dialogue, a process often called verbal de-escalation. By disengaging or de-escalating a subject, a deputy can give the subject the opportunity to comply with the deputy’s lawful commands or distract the subject from the focus of his/her anger and non-compliance. When practical, deputies are directed to attempt to gain control of the situation by using verbal de-escalation, verbal commands or other verbal distraction techniques. [CFA 4.01B] A suspect’s verbal communications such as threats to do violence or taunts directed toward certified members should be taken seriously. Non-verbal actions or “body language” can influence a deputy’s decision on how to approach a subject or what type of force to use if a subject starts to resist. Body language to consider may include, but is not limited to, clenching of fists, gritting teeth, clenching of the jaw, bowing of the chest, widening of foot stance, circling a deputy’s position, stepping into a deputy’s personal space, or a blank expression that may warn of their emotional state. A deputy who reads these signals and believes that physical control is necessary to prevent a subject from injuring others, himself or herself, or the deputy, may initiate action before overt moves are made by the subject. 2. Non-deadly force: Force that is not likely to cause death or serious bodily injury. Non deadly force includes the following member response options: a. Physical Control: Achieving compliance or custody through the use of empty hand or leverage-enhanced techniques, such as pain compliance, transporters, restraint devices, takedowns, and empty-handed striking techniques. b. Less-Lethal Weapons: Weapons that are not fundamentally designed to cause death or great bodily harm. Examples of less-lethal weapons include chemical agent sprays (OC spray), Conducted Energy Weapons, impact weapons, and less-lethal impact munitions. Agency-authorized less-lethal weapons include the following: [CFA 4.06D] 1. Impact Weapons 2. Chemical agents 3. Flexible 12-gauge rounds 4. 40mm less lethal launchers capable of delivering either flexible or rigid less lethal projectiles 5. Conducted Energy Weapons (CEW) 6. Pepper ball projectiles 7. OC Spray 8. Chemical Grenades 6  G.O. 1.5 1) Chemical Agent Sprays: (Oleoresin Capsicum, OC, pepperball): a) Authorized Possession: (1) Members must complete an approved training program prior to carrying OC or using the pepper ball deployment system. [CFA 4.06C] (2) Only agency-issued OC may be carried on or off duty. [CFA 4.06A, B] (3) The Agency Services Section will issue OC in stream, fogger, foam, or vapor type with a concentration of 10% or less. All types of OC will be contained in a non-flammable delivery system. (a) Discharging OC: Members may use OC in the performance of official duties to: (1) Restrain a person who is about to be taken into custody that physically resists or demonstrates the intent and capability to physically resist. (2) To defend the member or another person, from the imminent use of physical force against the member, another person, or property. (3) To prevent self-inflicted injury. (4) To stop an immediate threat from an animal. b) Whenever a civilian member sprays a person with OC, that member will retreat from the area and summon both a deputy and a supervisor for assistance as soon as possible. c) A verbal warning will be issued to all persons before OC is deployed, unless the warning would place the member at a tactical disadvantage. Bursts of one to two seconds should be used to gain control of the individual being sprayed. Spraying will be discontinued once compliance is achieved. OC can be used in place of control techniques that result in a physical altercation. d) Handling individuals sprayed with OC: (1) Persons sprayed with OC should be monitored and verbally reassured they will fully recover and the effects will subside in approximately 45 minutes. (2) Provided the person is passive and when conditions permit, persons sprayed with OC should be allowed to face the wind and/or dab with a wet towel to expedite the recovery period. The member may also use the issued spray bottle to apply water to the contaminated subject’s face. 7  G.O. 1.5 (3) Any person unintentionally exposed to OC should be afforded the utmost assistance with recovery until they return to their normal state or condition. (4) Deputies transporting prisoners who have been sprayed with OC to the Pasco County Detention Center must immediately notify booking personnel upon arrival that the prisoner was sprayed with OC. e) OC spray canisters will be inspected quarterly for expiration date, and replaced as necessary. The inspection will be captured on the certified member quarterly inspection form [PSO# 30055]. [CFA 4.06E] 2) Conducted Energy Weapons A less-lethal defensive weapon that uses propelled wires to conduct energy to a remote target, thereby controlling and overriding the central nervous system of the body, or in drive stun mode for pain compliance. Policies concerning the use of a conducted energy weapon are covered in the General Order indexed as Conducted Energy Weapon 1.7. [CFA 4.02, CFA 4.06D] 3) Impact Weapons: a. Authorized possession: 1) Members must complete an approved training program prior to carrying the expandable baton (i.e. ASP). [CFA 4.02, 4.06C] 2) The bureau commander will designate which members/positions are authorized to carry the expandable baton. 3) Only agency-approved impact weapons may be carried on or off duty. Approved impact weapons include the agency issued expandable baton (21” or 26”) and riot baton. [CFA 4.06A, B] 4) When carried, uniformed certified members will carry the expandable baton/conducted energy weapon in a matching holder and attached to the issued belt. When carried by plainclothes members, the expandable baton/ conducted energy weapon should be concealed. 5) Members will not modify or customize expandable batons in any way. 6) Members will not brandish or use an impact weapon as an intimidation device unless attempting to prevent the further escalation of resistance by a subject. b. Expandable baton deployment: 1) Agency-approved impact weapons may be used to gain control of a subject offering aggressive or deadly resistance. 8  G.O. 1.5 2) All strikes with the baton will be targeted to major muscle areas and muscle structures such as the forearms, thighs, or calves. Strikes to these areas reduce the risk of permanent injury to a subject. 3) A subject’s head, neck, throat, spine, clavicle, and joints and bones such as elbows, wrists and knees, will not be targets for impact weapon strikes unless the member is justified in the use of deadly force. Strikes to these areas can produce great bodily harm, permanent injury, or death. 4) Less Lethal Impact Munitions: Less lethal impact munitions provide a method for incapacitating a violent subject demonstrating aggressive or deadly resistance, with minimal potential for causing injury or death. Less lethal impact munitions should only be used when it provides the best alternative, under the circumstances, to prevent injury to the member or others. a. Authorization: Only members who have received training in the deployment of less lethal impact munitions are authorized in their use. [CFA 4.02, 4.06C] b. Warning: Members using less-lethal impact munitions will give other members a verbal warning stating the type of munitions being used prior to deployment. c. Notification: The bureau commander will be notified through the chain of command when less lethal impact munitions are deployed. Each deployment will be documented on a Use of Force Report [PSO# 30093]. [CFA 4.07B] d. Approved less lethal impact munitions include rounds designated by the manufacturer as “impact munitions” and approved by the Training Section. 3. Deadly Force: Force that is likely to cause death or great bodily harm. Examples of deadly force include use of a firearm, eye gouges, empty hand strikes to the throat, and impact weapon strikes to the side of the neck. Agency approved firearms are reviewed in General Order 1.6, and Annex A. Members shall not use chokeholds (a physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation) or vascular neck restraints (a technique that can be used to incapacitate individuals by restricting the flow of blood to their brain), except in those situations where the use of deadly force is allowed by law. [CFA 4.01A, 4.10] Use of deadly force may be a deputy’s first and only appropriate response to a perceived threat. Deadly force does not necessarily mean that someone dies from the force used, but can cause great bodily harm or no harm at all. For example, returning fire is deadly force even if the member misses the target. The member must base his or her decision to use deadly force as a defensive tactic on a clear, reasonable belief that he or she, a fellow member, or another person, faces imminent danger of death or great bodily harm. 9  G.O. 1.5 Deadly force may be used when a member reasonably believes that the action is in defense of human life. Deadly force may also be used against a fleeing felon when necessary to prevent the escape of the felon and, when feasible, some warning is given, and, the member reasonably believes that the suspect poses an immediate significant threat of death or serious physical harm to the member or others. Section 776.06, F.S. states: the term “deadly force” means force that is likely to cause death or great bodily harm, and includes, but is not limited to the firing of a firearm in the direction of the person to be arrested even though no intent exists to kill or inflict great bodily harm, and the firing of a firearm at a vehicle in which the person to be arrested is riding. Section 776.07, F.S. states: A correctional deputy or law enforcement deputy is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the deputy reasonably believes to be lawfully detained in such institution under the sentence for an offense or awaiting trial or commitment for an offense. a. Restrictions: Members will not [CFA 4.04]: 1) Fire warning shots; 2) Discharge a firearm at or from a moving vehicle, or stand directly in front of a suspect’s vehicle, except as a last resort; b. Factors to consider in deciding on the use of deadly force: Deputies should use the amount of force necessary and reasonable for the situation. If ability, opportunity, and intent are present and the deputy cannot control the threat using lesser means, then deadly force is justified. When resistance de-escalates, so must the deputy’s response. 1) Ability: refers to the subject having the means to carry out his or her intent to cause death or great bodily harm. A deputy must determine whether the subject has the necessary means to cause death or great bodily harm to the deputy or others. A weapon is not required; a subject must only have the apparent ability to carry out his or her intention. If the subject seems physically able to cause death or great bodily harm, then he has the ability. 2) Opportunity: means the subject is capable of carrying out an intention to cause death or great bodily harm to the deputy or others. 3) Intent: is a reasonably perceived, imminent threat to a deputy or another person based on the subject’s actions, behaviors, words, or other indicators. It is a perception derived from the totality of the circumstances. 4. Special Considerations – Service of Ex Parte Baker Act Orders: When a member has a reasonable belief a subject of an ex parte Baker Act order is on certain premises, the member may use such reasonable force as is necessary to gain entry onto the premises, and any dwellings, buildings, or other structures located on the premises, and take custody of the person who is the subject of the ex parte Baker Act order. 10  G.O. 1.5 III. REPORTING AND INVESTIGATING USE OF FORCE INCIDENTS [CFA 4.07]: A. General: An Offense/Incident Report and a Use of Force Report are required anytime a member uses force in his or her official capacity. Multiple uses of force against the same defendant/subject by one member during the same incident will be documented on a single Offense/Incident Report and Use of Force Report. Separate Use of Force Reports will be used when there are multiple subjects involved in the use of force. Specific examples of when a Use of Force Report must be completed include, but are not limited to the following: 1. Physical force is used to gain compliance with a lawful order. (Handcuffing a person who voluntary submits is not considered a use of force. However, having to physically force a resisting person’s hands behind his or her back to apply handcuffs is considered using force). [CFA 4.07C] 2. A firearm is used to gain compliance through the threat of deadly force. (Pointing a firearm at a person and ordering him or her to exit a vehicle is a threat of deadly force. However, drawing a firearm without pointing it at the subject is not). When conducting a Felony Traffic Stop and the vehicle is occupied by multiple subjects, a separate Use of Force report will be generated for each individual against whom force was used. (E.g. each person at which a firearm was pointed). 3. When force is required to be used to take a defendant/subject into custody and a subsequent use of force incident(s) occurs against the defendant/subject while in transport to a detention or receiving facility, the member involved will document all use of force incidents in the same Offense/Incident Report and under the same Use of Force report as long as the use of force incidents occur within the same continuous event, i.e. no break in custody. (For the purposes of this situation, custody is described as the point in time the subject/defendant is physically taken into custody until the point when the subject/defendant is turned over to another deputy, jail personnel, receiving facility, etc.). B. Responsibilities [CFA 4.07A, B]: 1. Non-deadly Force: When a member uses non-deadly force, or uses a firearm to gain compliance through the threat of force, the following apply: a. Member: 1) Obtain medical attention for injured persons if applicable [CFA 4.08]; 2) Immediately inform the on-duty supervisor of the circumstances surrounding the incident; 3) Photograph any visible injuries to the suspect at the time medical attention is administered; 4) Document details in the Offense/Incident and Use of Force Reports. [CFA 4.07C] b. Immediate Supervisor [CFA 4.07]: 11  G.O. 1.5 1) Review all applicable Offense/Incident reports, Use of Force reports, any available BWC video, and any other related documentation in accordance with report writing guidelines and for conformance with agency policy on the use of force; 2) Notify appropriate investigative units if further investigation is warranted; 3) Create a Use of Force packet/package, to include all required documentation, using the online Use of Force reporting module, and mark as “reviewed.” 5) Forward all documentation related to the incident to the division commander, via the chain of command. c. Division Commander [CFA 4.07]: 1) Review the reports to confirm conformance to agency policies; 2) Using the online Use of Force reporting module, mark the Use of Force packet/package as “reviewed.” (This will mark the packet/package as “fully approved” and send the appropriate information to the Professional Standards Unit and the Records Section). 3) Forward a copy of the completed CIR to the Professional Standards Unit, if further investigation is warranted; and 4) Forward a copy of the packet to the bureau commander for filing if a firearm was used to gain compliance. d. Professional Standards [CFA 4.09A, B, C]: 1) Prepare an annual administrative review and analysis of use of force collected data to determine if training or policy modifications are needed. The analysis will be submitted to the Sheriff by January 31st, and copies will be provided to the Chief Deputy and Bureau Commanders. The analysis will include [CFA 4.09]: (a) Discharge of firearm(s), for other than training or recreational purposes [CFA 4.09A]; (b) Application of force through the use of lethal and less-lethal weapons [CFA 4.09B]; and (c) Application of weaponless physical force. [CFA 4.09C] 2. Deadly Force: After the use of deadly force or the discharge of a firearm for other than training or killing of an animal, or when any member’s actions results in, or is alleged to have resulted in serious injury or death of another person, the following will apply [CFA 4.07A, B]: a. Member: 12  G.O. 1.5 1) Provide verbal warnings before shooting, where/if appropriate [CFA 4.01C]; 2) Discharging of a firearm to destroy an injured or dangerous animal only requires an Offense/Incident Report; 3) Obtain medical attention for injured persons [CFA 4.08]; 4) Notify Pasco County Department of Emergency Services (911) of the incident and location, and request the appropriate supervisor to respond; 5) Secure the incident scene and summon backup personnel; 6) Remain at the scene until the arrival of the appropriate supervisor. The supervisor has the discretion to instruct the member to relocate to an alternate location; 7) When applicable, secure the area around the firearm without unloading it. Forensic Services Section personnel will process evidence for submission; 8) The member must report his or her involvement as soon as practical and a Use of Force Report must be completed [CFA 4.07B, 15.15A]; 9) Any member that unintentionally discharges a firearm not resulting in injury while on duty or in the course of taking official law enforcement action, must complete an Offense/Incident Report. A copy of the Offense/Incident Report must be sent through the chain-of-command to the Bureau Commander. Any member who witnesses an unintentional discharge not resulting in injury must complete a supplement to the Offense/Incident Report detailing their observations of the incident. Any member that unintentionally discharges an agency-issued firearm not resulting in injury while off-duty and not in the course of taking official law enforcement action must detail the incident in an interoffice memorandum via the chain-of-command to the Bureau Commander. b. Supervisor [CFA 4.07]: 1) Report to the scene and assume control until/unless relieved by the appropriate authority; 2) Provide the affected member(s) with the PSO Officer Involved Shooting Information handout. 3) Notify the shift commander of the incident; 4) Notify the Major Crimes Unit, which will liaison with the State Attorney’s Office and/or FDLE for response and investigation of all uses of deadly force resulting in injury or death; [CFA 15.21] 5) Review reports to ensure that the incident is properly documented [CFA 15.15A]; 6) Contact the Human Resource Director to arrange the post-shooting psychological intervention, and 13  G.O. 1.5 7) If appropriate, arrange for a replacement firearm for the member. c. Professional Standards [CFA 4.07]: 1) Will conduct the administrative investigation of all incidents involving the use of deadly force, members’ actions resulting in death or serious bodily injury, and unintentional discharge of a firearm at the conclusion of any related criminal investigation. [CFA 15.15B] 2) Will complete their investigation and forward a report to the member’s bureau commander. The bureau commander will convene a Critical Incident Review Board if required by this order. The file of investigation will be retained by Professional Standards. [CFA 4.07A, B, 15.15B] C. Psychological Intervention, Post-Application of Deadly Force: A member involved in any application of deadly force will immediately be removed from the line of duty and placed on paid administrative leave for a minimum of three (3) days following an incident and until the completion of the initial post traumatic event evaluation, whichever is later. Following the initial post traumatic event evaluation, the member may be assigned a temporary duty position at the discretion of the Sheriff, based on the needs of the agency, or remain on paid administrative leave, pending the preliminary FDLE and/or State Attorney investigation. The Human Resources Director is responsible for notifying the member of his or her duty status and work assignment. A member who remains on paid administrative leave will be available for agency interviews and will be subject to recall if necessary. This administrative leave is routine procedure and not a disciplinary suspension. For shooting- related incidents, the affected member(s) should carefully review the Officer Involved Shooting Information handout provided by their supervisor following the incident. [CFA 15.15C] During the initial three (3) day administrative-leave period following an incident involving deadly force, the members directly involved in the incident will participate in a post-traumatic event evaluation with a licensed mental health professional selected by the Sheriff. The Human Resources Director will schedule the post-traumatic event evaluation. The purpose of the session is to assist the member in dealing with the incident and provide education regarding stress reduction and self-care. The session will not be related to any investigation of the incident. The Human Resources Director will schedule the member for a mandatory follow-up session within 60 days of the member’s return to regular duty. The session is a confidential and legally privileged communication between the licensed mental health professional and the member, and nothing discussed in the session will be reported to the agency without the member’s written authorization. Additionally, the Human Resources Director will also schedule a follow-up post traumatic event evaluation between the licensed mental health professional and the member prior to the first anniversary of the incident, or 10 months post return to regular duty, whichever is greater At the conclusion of the post traumatic event evaluation(s), the examining medical professional shall verbally notify the employee and the Human Resources Director of the outcome of the evaluation. The examining medical professional shall prepare an analysis with a written opinion as to whether the employee is fit for duty, and provide an opinion as to the 14  G.O. 1.5 prognosis for effective rehabilitation or treatment. The examining medical professional shall forward the written opinion to the Human Resources Director. The post traumatic event evaluation is separate and distinct from any administrative or investigative procedures that may follow an incident. D. Critical Incident Review Board: 1. Composition: The Critical Incident Review Board members are the Chief Deputy, Community Engagement Bureau Commander, Field Operations Bureau Commander, Management Services Bureau Commander, Investigations and Criminal Intelligence Bureau Commander, Joint Operations Bureau Commander, Strategic Operations Bureau Commander, and the Operational Logistics Bureau Commander, or their designees. A member of Training will attend as an observer. The Board will review the facts and circumstances of all shooting incidents (except when destroying an animal), and all incidents where a member’s actions or use of force resulted in death or serious physical injury, with the exception of traffic crashes for which the member is found not at-fault. [CFA 4.07A, B] 2. Purpose: The board will meet within seven (7) business days following the completion of Professional Standards investigation. The board will determine if the current general orders, rules, policies, and procedures were followed; identify any training deficiency; and make recommendations to the Sheriff for changes, if needed. The findings will be submitted to the Sheriff and copies forwarded to General Counsel and the Training Section for evaluation and review. [CFA 4.07A, B, 15.15B] IV. DUTY TO INTERVENE: All members must recognize and act upon the duty to intervene to prevent or stop any member from the use of excessive force. Intervention may be verbal and/or physical. Members must immediately notify their supervisor after conducting any type of intervention, when it is safe to do so. Failure to intervene may subject a member to disciplinary action pursuant to General Orders 26.1 and 26.2. [CFA 4.01D] V. GLOSSARY DEADLY FORCE - Force likely to cause death or great bodily harm. DEADLY FORCE RESISTANCE - A subject’s hostile, attacking movements with or without a weapon that create a reasonable perception by the deputy that the subject intends to cause and has the capability of causing death or great bodily harm to the deputy or others. Examples include a subject refusing to drop a knife when ordered to by the deputy and moves toward the deputy, or a subject shoots or points a gun at a deputy or other person. CONDUCTED ENERGY WEAPON - A less-lethal defensive weapon that uses propelled wires to conduct energy to a remote target, thereby controlling and overriding the central nervous system of the body, or in drive stun mode as pain compliance. (Dart Firing Stun Gun and/or Electronic Control Device). GRAHAM v. CONNOR - The constitutional standard for using any force, whether deadly or not, is the Fourth Amendment Standard of “objective reasonableness.” In Graham v. Connor, 490 U.S. 386 (1989), the Supreme Court made clear that the right to make an arrest or investigatory 15  G.O. 1.5 stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it. The Court recognized that the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application, so proper application requires careful attention to the facts and circumstances of each particular case. OLEORESIN CAPSICUM (OC) - A chemical compound consisting of pepper extract or synthetics that temporarily cause involuntary closing of the eyes, respiratory distress, and an acute burning sensation on exposed skin. PEPPER BALL - Frangible sphere projectile designed to fracture into multiple pieces upon impact with a subject or other surface. The projectile contains oleoresin capsicum and will be delivered from an approved munitions launcher. POST TRAUMATIC EVENT EVALUATION - A tool comprised of a referral to, and evaluation by, a psychological professional used to determine an employee’s psychological fitness for duty. REASONABLE BELIEF - When facts or circumstances known to the member are likely to cause an ordinary and prudent person to act or think in a similar way in similar circumstances. SHOW OF FORCE – The display of an agency-approved weapon to make it ready for use. INDEXING: BATON DEADLY FORCE EXPANDABLE BATON FIREARM HANDCUFFING OLEORESIN CAPSICUM (OC) USE OF FORCE DRAFTED: LAM/RR/CM / January 9, 2022 / Filed: 1.5 Use of Force APPROVED: ____________________________ ___________ CHRIS NOCCO, SHERIFF DATE PASCO COUNTY, FLORIDA 16