Des Plaines Police Department Officer-Involved Shootings and Deaths PDF

Policy Des Plaines Police Department 304 Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths 304.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-i...

Policy Des Plaines Police Department 304 Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths 304.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of another action of an officer (50 ILCS 727/1-10; 50 ILCS 727/1-30; 730 ILCS 210/3-1). In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy. 304.1.1 DEFINITIONS Definitions related to this policy include: Officer-involved death - Any death of an individual that results directly from an action or directly from an intentional omission, including unreasonable delay involving a person in custody or intentional failure to seek medical attention when the need for treatment is apparent, of a law enforcement officer while the officer is on-duty, or otherwise acting within the scope of his/her employment, or while the officer is off-duty, but performing activities that are within the scope of his/her law enforcement duties. It also includes any death resulting from a motor vehicle crash, if the law enforcement officer was engaged in law enforcement activity involving the individual or the individual's vehicle in the process of apprehension or an attempt to apprehend (50 ILCS 727/1-5). 304.2 POLICY The policy of the Des Plaines Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 304.3 TYPES OF INVESTIGATIONS Officer-involved shootings and deaths involve several separate investigations. The investigations may include: A criminal investigation of the suspect's actions. A criminal investigation of the involved officer's actions. An administrative investigation as to policy compliance by involved officers. A civil investigation to determine potential liability. 304.4 CONTROL OF INVESTIGATIONS The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths. 304.4.1 DES PLAINES POLICE DEPARTMENT OFFICER WITHIN THIS JURISDICTION The Des Plaines Police Department is responsible for the criminal investigation of the suspect's actions, the civil investigation, and the administrative investigation. The criminal investigation of the officer-involved shooting or critical use of force will be conducted by the M.C.A.T.-O.I.D. team. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 1 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths 304.4.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION The Des Plaines Police Department is responsible for the criminal investigation of the suspect's actions. The criminal investigation of the officer-involved shooting or critical use of force will be conducted by the M.C.A.T.-O.I.D. team. The officer's employing agency will be responsible for any civil and/or administrative investigation(s). 304.4.3 DES PLAINES POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION The agency where the incident occurred has criminal jurisdiction and is responsible for the criminal investigation of the incident. That agency may relinquish its criminal investigation of the suspect(s) to another agency. The Des Plaines Police Department will conduct timely civil and/ or administrative investigations. 304.4.4 INVESTIGATION RESPONSIBILITY MATRIX Criminal Investigation Criminal Investigation Civil Administrative Investigation Investigation of Suspect(s) of Officer(s) DPPD Officer DPPD M.C.A.T.-O.I.D team DPPD Civil DPPD Command in This Investigators Liability Team Staff M.C.A.T.O.I.D. team Involved Officer's Involved Officer's Department Department DPPD Civil DPPD Command Jurisdiction Allied Agency's DPPD Officer in This Investigators Jurisdiction DPPD Officer Agency where Decision made in Another incident occurred by agency where Liability Team Jurisdiction Staff incident occurred 304.5 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 304.5.1 UNINVOLVED OFFICER RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved DPPD officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved. This officer should, as appropriate: (a) Secure the scene and identify and eliminate hazards for all those involved. (b) Take reasonable steps to obtain emergency medical attention for injured individuals. (c) Request additional resources from the Department or other agencies. (d) Coordinate a perimeter or pursuit of suspects. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 2 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths (e) Check for injured persons and evacuate as needed. (f) Brief the supervisor upon arrival. 304.5.2 WATCH COMMANDER RESPONSIBILITIES Upon learning of an officer-involved shooting or death, the Watch Commander shall be responsible for coordinating all aspects of the incident until relieved by the Chief of Police or his/her designee. All outside investigative inquiries about the incident shall be directed to the Investigations Commander. All media or other non-investigative related inquiries about the incident shall be directed to the Support Services Commander. 304.5.3 NOTIFICATIONS The following persons shall be notified as soon as practicable: Chief of Police Criminal Investigations supervisor M.C.A.T.-O.I.D team Executive Safety Committee Psychological/Peer support personnel Chaplain Medical Examiner (if necessary) Involved officer's agency representative (if requested) Press Information Officer 304.5.4 INVOLVED OFFICERS The following shall be considered for the involved officer: (a) Any request for legal or union representation will be accommodated. 1. Involved DPPD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report. 2. Requests from involved non-DPPD officers should be referred to their employing agencies. (b) Discussions with licensed attorneys will be considered privileged as attorney-client communications. (c) Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 3 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths (d) (e) A licensed psychotherapist shall be provided by the [Department/Office] to each involved DPPD officer. A licensed psychotherapist may also be provided to any other affected DPPD members, upon request. 1. Interviews with a licensed psychotherapist will be considered privileged. 2. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, the involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. 3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). Communications between the involved officer and a peer support member is addressed in the Wellness Program Policy. Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. Each involved DPPD officer shall be given reasonable paid administrative leave following an officer-involved shooting or death. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave. 304.5.5 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved DPPD supervisor should ensure completion of the duties as outlined above, plus: (a) Attempt to obtain a brief overview of the situation from any uninvolved officers. 1. (b) In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer. If necessary, the supervisor may administratively order any DPPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects. 1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information. 2. The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. (c) Provide all available information to the Watch Commander and Emergency Communications Center. If feasible, sensitive information should be communicated over secure networks. (d) Take command of and secure the incident scene with additional DPPD members until properly relieved by another supervisor or other assigned personnel or investigator. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 4 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths (e) As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction. Absent exigent circumstances, involved officers will be transported directly from the scene of the incident to the hospital for examination. 1. Each involved DPPD officer should be given an administrative order not to discuss the incident with other involved officers or DPPD members pending further direction from a supervisor. 2. When an involved officer’s weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers. 304.5.6 COMMUNICATION WITH FAMILY AND NEXT-OF-KIN When a death has resulted from an officer’s use of force or while in the custody of the Department or a department officer, notification to next-of-kin, family, or another emergency contact shall be made as soon as practicable. The information provided should include the facts surrounding the incident that are reasonably known to the member at that time and that are appropriate to provide under the circumstances given any pending investigations and in accordance with state and federal law (730 ILCS 210/3-5). The Chief of Police shall designate an officer as the Family Liaison Officer to handle ongoing communication with the decedent’s family or next-of-kin. Responsibilities of this position include but are not limited to communicating investigation developments, practical support, and, if requested, arranging for a chaplain or suitable staff member to address matters related to faith (730 ILCS 210/3-5). 304.6 CRIMINAL INVESTIGATION The M.C.A.T.-O.I.D. team is responsible for the criminal investigation into the circumstances of any officer-involved shooting that does not result in death. Officer-involved deaths shall be investigated by outside agency investigators as provided in the applicable intergovernmental agreements. If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the [DistrictCountyAttorney]'s Office to avoid duplicating efforts in related criminal investigations. Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer: (a) DPPD supervisors and Command Staffpersonnel should not participate directly in any voluntary interview of DPPD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry. (b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 5 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths (c) If any involved officer is physically, emotionally or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview. (d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents. 304.6.1 REPORTS BY INVOLVED DPPD OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved DPPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals. While the involved DPPD officer may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved officers as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports. Nothing in this section shall be construed to deprive an involved DPPD officer of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death. 304.6.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available law enforcement personnel for the following: (a) Identification of all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, attempts to identify the witness prior to his/her departure should be made whenever feasible. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 6 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths (b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department. 1. (c) A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident. 304.6.3 INVESTIGATIVE PERSONNEL Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Criminal Investigations Section supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Department investigators will be assigned to work with investigators from outside investigatory agencies and may be assigned to separately handle the investigation of any related crimes not being investigated by outside investigatory agencies. All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Criminal Investigations Section supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Deputy Chief. 304.6.4 OFFICER-INVOLVED DEATH INVESTIGATIONS The Chief of Police should ensure that the Des Plaines Police Department enters into appropriate intergovernmental agreements to investigate officer-involved deaths involving members of the DPPD by appropriately trained outside investigators as required by the Police and Community Relations Improvement Act (50 ILCS 727/1-1 et seq.). The agreement should establish any compensation arrangement for participation in investigations and establish responsibilities for expeditiously providing a complete report to the State’s Attorney and a public report if no charge or indictment is brought against the officer. 304.7 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer-involved shooting or death, this department will conduct an internal administrative investigation of involved DPPD officers to determine conformance with department policy. This investigation will be conducted under the supervision of the Command Staff or designated supervisor and will be considered a confidential officer personnel file. Interviews of members shall be subject to department policies and applicable laws (see the Personnel Complaints Policy) (50 ILCS 725/1 et seq.). (a) Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 7 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. 1. (b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer. 1. (c) A sample shall be compelled in the case of a shooting that caused injury or death of a person as soon as practicable but no later than the end of the officer's shift or tour of duty (50 ILCS 727/1-25). If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas, with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews. In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. (a) Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer's physical and psychological needs have been addressed before commencing the interview. (b) The interview shall take place at the facility to which the administrative investigator is assigned or the police facility that has jurisdiction over the place where the incident occurred. The interview shall also be conducted at a reasonable time of day and during the time when the officer is on-duty as operational requirements and the nature of the incident permit. The interview shall be of reasonable duration and allow for reasonable periods of rest and personal necessities of the officer (50 ILCS 725/3.1; 50 ILCS 725/3.3; 50 ILCS 725/3.5). (c) The officer shall not be subject to professional or personal abuse, including offensive language (50 ILCS 725/3.6). (d) If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview and shall inform the DPPD of any person who will be present on his/her behalf (50 ILCS 725/3.4; 50 ILCS 725/3.9). The officer shall have the right to be represented by counsel and may request counsel at any time before or during the interview and shall have a reasonable time and opportunity to obtain counsel (50 ILCS 725/3.9). However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (e) A complete record of the administrative interview shall be made and a complete transcript or copy shall be made available to the officer without charge and without undue delay. Such record may be electronically recorded (50 ILCS 725/3.7). The officer may also record the interview. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 8 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths (d) (f) The officer shall be informed in writing of the nature of the investigation, the interviewers, and all persons who will be present on behalf of the DPPD (50 ILCS 725/3.2; 50 ILCS 725/3.4). If an officer refuses to answer questions, he/she should be given his/her Garrity rights in writing and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally (50 ILCS 725/3.8). (g) The Command Staff or designated supervisor shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies. (h) Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy. (i) Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. Investigators should take reasonable steps to avoid interfering with the outside criminal investigation conducted under the requirements of 50 ILCS 727/1-10 (50 ILCS 727/1-15). 304.8 AUDIO AND VIDEO RECORDINGS Any officer involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV) or other video or audio recordings, but not body-worn camera footage, prior to providing a recorded statement or completing reports (see the Portable Audio/Video Recorders Policy) (50 ILCS 706/10-20). Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body-worn video, or other video or audio recordings with approval of assigned investigators or a supervisor. Any MAV, body-worn, and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney's Office as appropriate. 304.9 INVOLVED OFFICER(S) CONSIDERATIONS The following steps will be taken after any officer(s) involved shooting incident: Involved officer(s) will be encouraged to contact immediate family as soon as practical. As soon as all proper procedures have been completed, the involved officer(s) should be transported home, either by a family member or by police personnel. Peer support will be provided to involved officer(s) by the Mental Health/Wellness Team. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 9 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths 304.10 CIVIL LIABILITY RESPONSE A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations. 304.11 DEBRIEFING Following an officer-involved shooting or death, the Des Plaines Police Department should conduct both a Critical Incident Stress Debriefing and a tactical debriefing. See the Wellness Program Policy for guidance on Critical Incident Stress Debriefings 304.11.1 TACTICAL DEBRIEFING A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police or the authorized designee should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators. 304.12 MEDIA RELATIONS Any media release shall be prepared with input and concurrence from the supervisor and department representative responsible for each phase of the investigation. Releases will be available to the Watch Commander, Criminal Investigations supervisor and Press Information Officer in the event of inquiries from the media. No involved DPPD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Deputy Chief. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. Any officer who violates this Section may be subject to departmental discipline. 304.13 REPORTING The Operations Deputy Chief will ensure that the Support Services Manager is provided with enough information to meet the reporting requirements for any officer-involved shooting or death that qualifies to be reported to the Department of State Police (50 ILCS 709/5-12). The Support Services Manager shall submit a written report to the Illinois Criminal Justice Information Authority whenever there is an officer-involved death of an individual in custody or that may have been caused by an officer's use of force as required by the Reporting of Deaths in Custody Act (730 ILCS 210/3-5). There shall be a good faith effort to include all known relevant Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 10 Des Plaines Police Department Des Plaines PD Policy Manual Officer-Involved Shootings and Deaths facts and circumstances in the report, and the report shall be submitted within 30 days on the required standardized form (730 ILCS 210/3-5). Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Officer-Involved Shootings and Deaths - 11