Chapter 09 Use Of Force Appendix B - Electronic Control Devices PDF

APPENDIX B – ELECTRONIC CONTROL DEVICES B-9.1 BAND-IT™ (ECD) A. Court Security Division, Judicial Services Division & Detention Division Commanders or their designees shall assign the BAND-IT™ to deputies for use on inmates who fit predetermined criteria listed below in section F. B. Co...

APPENDIX B – ELECTRONIC CONTROL DEVICES B-9.1 BAND-IT™ (ECD) A. Court Security Division, Judicial Services Division & Detention Division Commanders or their designees shall assign the BAND-IT™ to deputies for use on inmates who fit predetermined criteria listed below in section F. B. Commanders or their designee shall log each BAND-IT™ issued on an Equipment Inventory Log. The log shall denote the BAND-IT™ unit number, date/time issued and date/time returned. When not in use, the BAND-IT™ and wireless transmitter shall be returned to the secured storage area and ensure the device has an adequate charge for the next use. NOTE: The initial charge of the BAND-IT™ should be no more than ten (10) hours, and six to eight hours for subsequent charges. C. Each deputy assigned a BAND-IT™ shall conduct a pre-service inspection of the device and the wireless transmitter to confirm its condition, the inspection shall consist of: 1. Verifying the identifying numbers on the transmitter and receiver match. 2. Ensure the device is clean, charged and serviceable. 3. Conduct a function check of the device. NOTE: In the event the BAND-IT™ fails the pre-service inspection the assigned deputy shall notify their supervisor. The device shall be taken out of service until necessary repairs are made. D. BAND-IT™ USAGE 1. Deputies who are assigned to the Court Security Division will use the BAND-IT™ in conjunction with a locking transport leg brace. The division/shift commander shall be notified immediately when the band-it™ has been deployed. 2. Deputies are authorized to use the BAND-IT™ without prior approval, in cases where the threat is both credible and imminent. All personnel who have been assigned a BAND-IT™ must comply with the Manual Chapter 8 (Authorized Weapons, Training & Related Matters) and Chapter 9 (Use of Force). The BAND-IT™ may be applied to a detainee under the following circumstances: a. The detainee has a prior history of: 1) Escape or escape attempts. 2) Violence or have made threats of violence against themselves or staff. 3) Displaying disruptive behavior. b. The detainee’s physical size and stature is overbearing. Effective date April 30, 2014 111  c. If the detainee is wearing civilian attire while in custody at court proceedings. d. The detainee has a high profile case such as a death penalty case. e. A detainee is under extradition. f. At the direction of a supervisor. 3. Due to the ECD’s potential to cause serious injury, this device shall only be used in the following circumstances. a. To overcome a subject whose active aggression is an immediate or credible threat to the safety of the deputy(s), the public, or themselves. b. To overcome active resistance or escape. c. To prevent escape from custody. 4. Whenever possible, a verbal announcement of the intended use of the BAND-IT should precede the application of the device in order to: a. Provide the individual with a reasonable opportunity to voluntarily comply. b. Provide other deputies and individuals with warning that a BAND-IT™ may be deployed. 5. Deputies should consider the potential for serious consequences before deploying the BAND-IT™ in the following situations: a. In potentially flammable or explosive environments. b. On individuals who are passively resisting. c. On individuals operating a moving vehicle or machinery. d. On individuals who could fall from a significant height. 6. The BAND-IT™ shall not be used on individuals who may be at a greater risk of harm including: a. Individuals with known neuromuscular diseases. b. Individuals with known heart problems. c. Pregnant women 7. When activating the BAND-IT™, deputies shall use it for one standard cycle then stop to evaluate the situation. If subsequent cycles are necessary, the cycles should not exceed three activations when possible. The number of cycles will be documented in a report and Effective date April 30, 2014 112  include an explanation of why the additional cycles were necessary and how the person responded after each cycle. An evaluation of the activation shall be done after each cycle. 8. The BAND-IT™ shall not be used on a subject who was previously subdued by an Electronic Control Device within the last 24 hours. 9. Following the use of the BAND-IT™, deputies should use a restraint technique that does not impair the subject’s respiration. a. The location and type of incident shall be reported to the Division/Shift Commander and a supervisor will respond to the scene. b. Upon compliance of the subject, photographs will be taken of the electrode contact area and / or any subsequent injuries. c. Whenever the BAND-IT™ is deployed, an offense or incident report shall be generated to document the deployment. 1) A detailed description of each method of force utilized in attempting to control the subject will be documented in each of the reports. NOTE: At the supervisors discretion an Evidence Unit will be dispatched to the deployment location for photographs of the electrode contact area. The photographs will be documented in the deputies Offense/Incident Report and copy of the photographs or CD will be placed into the Property/Evidence Room. 2) A Shift Sergeant will approve all reports, and a copy of the report will be forwarded through the Chain of Command to the Division/Shift Commander. 3) Upon successful review of the incident, the report will be maintained per the Bexar County Sheriff’s Office Records Retention Policy. d. In the event of an accidental discharge, the Division/Shift Commander shall be immediately notified. A report will also be written. Effective date April 30, 2014 113 APPENDIX B – ELECTRONIC CONTROL DEVICES CONTINUED: B-9.2. TASER™ (ECW) The Taser Proficiency Control Officer (TPCO) manages all BCSO issued/approved Tasers along with training for the Bexar County Sheriff’s Office. The TPCO provides the Chief of Training with a final report on all Taser training and Taser inventory status. A. PROCEDURES WHILE ON OR OFF DUTY 1. When deploying the TASER™ (ECW) deputies will only use the drive stun mode when exigent circumstances prevent the use of the probe mode. 2. Personally owned/purchased ECW’s are authorized to be used by deputies outside of the Adult Detention Center acting in a law enforcement capacity. 3. Personally owned ECW’s shall be the Make, Model and Color as prescribed by the Bexar County Sheriff’s Office Training Academy 4. In addition to the guidelines set forth by Chapter 9 of the Manual, deputies may deploy an ECW to deter vicious or aggressive animal that threatens the safety of the Deputy or others. 5. Once deployed the ECW will be used until the threat is neutralized. When the behavior that justified the use of the ECW ends, the Deputy will stop the use of the ECW. a. Deputies shall only deliver the number of exposure cycles as reasonably necessary to control the subject. b. If cover deputies are available, they should attempt to place restraints on the subject during the exposure cycle. c. An evaluation of the ECW’s effects should be conducted after each exposure cycle and the level of force used should be adjusted as needed. B. RESPONSIBILITIES 1. Deputies should consider the potential for serious consequences before deploying the ECW in the following situations due to a higher probability of injury to a subject: a. In potentially flammable or explosive environments. b. On individuals who are passively resisting. c. On individuals operating a moving vehicle or machinery. d. On individuals who could fall from a significant height (i.e. subjects on stairs, fences or tops of roofs, etc.). e. On subjects in a body of water due to a danger of drowning. Effective date April 30, 2014 114  f. Women subjects known to be pregnant. g. The obviously frail or infirmed. h. The elderly 2. A Deputy will not display or deploy an ECW in a public place except for official use or for inspection by a supervisor. 3. Actions Following the deployment of the ECW: a. Deputies should keep the subject under observation and ensure that the subject is restrained in a manner that does not interfere with their breathing. b. Medical personnel are summoned to the scene once it is safe. Medical personnel will evaluate the subjects need for medical treatment. c. The expended cartridge, probes and AFID’s are collected and placed into evidence. Deputies should treat the expended probes as a Biohazard due to the presence of bodily tissue and fluids. d. Deputies will use standard procedures when submitting this evidence to the evidence room. 1) Before being placed into evidence receptacles, used probes shall be inserted, point down, into the expended cartridge and then covered with biohazard tape, 2) The wires should not be wrapped around the cartridge. 3) All evidence submitted must have a case number generated through the Public Safety Communications Center. An N-Code has been established for the Adult Detention Center (ADC) to use. Deputies turning in ADC evidence will only be required to turn in the marked evidence with a copy of a completed BCSO 351-409, Less Than Lethal Deployment Form. 4. Actions following an accidental discharge: a. Summon medical aid to the scene, if necessary. b. Notify the on-duty supervisor. c. Submit appropriate incident and supervisors reports to the appropriate divisional issuing authority after the supervisor’s investigation. Contents of the incident report are listed in section 7b. d. Account for and properly discard the expended cartridge if it is of no evidentiary value. 5. A deputy who deploys an ECW will report the incident as follows: Effective date April 30, 2014 115  a. A deputy who deploys or who threatens to deploy an ECW, in order to accomplish a lawful objective in the performance of their duties, will verbally notify the on-duty supervisor as soon as time and circumstances permit. b. The deputy will also file a report with the supervisor immediately following the event or prior to the conclusion of the deputy’s current shift. Details will include: 1) Specific circumstances leading to the deployment. 2) List of all deputies involved in the incident. 3) The distance from which the ECW was used. 4) The serial numbers of all cartridges expended. 5) Information of medical units which responded. 6) The results of any medical evaluation. 7) For the purposes of compiling statistics and determining the agencies future training needs a BCSO 351-409, Less Than Lethal Deployment form will be completed and forwarded to the Training Academy. c. A Supervisor who deploys or displays an ECW will make notifications and file a report with their supervisor prior to the conclusion of their current shift as listed above. d. A deputy who deploys and ECW shall as soon as possible take the ECW to the Training Academy for download (deploy record) and to replace the deployed cartridge. NOTE: If a deputy, who deploys an ECW, is physically affected by the deployment and is injured or incapable of filing the aforementioned required report, the deputy’s supervisor will file a complete supervisors report as soon as possible pending further departmental investigation. C. Inspections/ Maintenance 1. Any damage to or malfunction of an ECW/ECD will be documented and reported to a supervisor and the training academy. 2. Only BCSO issued/approved ECW’s/ECDs are to be carried or used on duty. 3. ECW’s/ECD’s shall be kept clean of dirt and dust. 4. ECW’s/ECD’s shall not be disassembled. 5. All data downloads and updates will be conducted by authorized BCSO Training Instructors. 6. The TCPO issues all cartridges and DPM’s for BCSO and authorized personally owned Tasers. Effective date April 30, 2014 116  7. Any maintenance performed on BCSO owned Taser will be done by the TCPO/Authorized BSCO Training Academy personnel. 8. The maintenance of a personally owned Taser in the responsibility of the deputy. B-9.3. MEDICAL TREATMENT A. Persons who have been subjected to an ECD/ECW shall be treated as follows: 1. IF THE SUSPECT LOSES CONSCIOUSNESS, DEPUTIES SHALL IMMEDIATELY SUMMON EMS TO RESPOND TO EVALUATE THE SUSPECT 2. Once in custody, the subject shall be examined by EMS. If necessary, the subject may be transported to a local hospital emergency room or other approved medical care facility. The transporting deputy shall advise the medical staff that the person was subjected to the TASER, the approximate time the action occurred and number of cycles. 3. ACCEPTING INTO CUSTODY: The use of an ECD/ECW will be noted on the arrest report and booking form. The deputies will advise the booking Sgt. and booking intake deputy that the ECD/ECW was used to control or arrest the subject. Effective date April 30, 2014 117