Los Angeles Police Department Special Order No. 4 PDF

OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 4 February 23, 2021 SUBJECT: RESPONSE PROCEDURES TO USES OF FORCE AND UNINTENTIONAL DISCHARGES INVOLVING PRIVATE CONTRACT SECURITY ASSIGNED TO CITY FACILITIES —REVISED;SECURITY SERVICES DIVISION USE OF FORCE INVOLVING PRIVATE CONTRACT SECURITY CHECK...

OFFICE OF THE CHIEF OF POLICE SPECIAL ORDER NO. 4 February 23, 2021 SUBJECT: RESPONSE PROCEDURES TO USES OF FORCE AND UNINTENTIONAL DISCHARGES INVOLVING PRIVATE CONTRACT SECURITY ASSIGNED TO CITY FACILITIES —REVISED;SECURITY SERVICES DIVISION USE OF FORCE INVOLVING PRIVATE CONTRACT SECURITY CHECKLIST,FORM 01.67.14 —ACTIVATED; AND,CONTRACT SECURITY GUARD —USE OF FORCE REPORT, FORM 01.67.15 —ACTIVATED PURPOSE: The purpose ofthis Order is to revise Department Manual Section 4/247.10, Response Procedures to Uses ofForce and Unintentional Discharges Involving Private Contract Security Assigned to City Facilities, in order to outline the procedures for investigating uses offorce and unintentional discharges involving private contract security assigned to City facilities. This Order also activates the Security Services Division Use of Force Involving Private Contract Security Checklist, Form Ol.67.14, and the Contract Security Guard — Use of Force Report, Form 01.67.15. PROCEDURE: I. II. RESPONSE PROCEDURES TO USES OF FORCE AND UNINTENTIONAL DISCHARGES INVOLVING PRIVATE CONTRACT SECURITY ASSIGNED TO CITY FACILITIES —REVISED. Department Manual Section 4/247.10, Response Procedures to Uses ofForce and Unintentional Discharges Involving Private Contract Security Assigned to City Facilities, has been revised. Attached is the revised Department Manual section with the revisions indicated in italics. SECURITY SERVICES DIVISION USE OF FORCE INVOLVING PRIVATE CONTRACT SECURITY CHECKLIST,FORM 01.67.14 —ACTIVATED. The Security Services Division Use of Force Involving Private Contract Security Checklist, Form 01.67.14, has been activated and is attached. A. Use of Form. This form shall be used to document all the required investigative procedures following a use offorce or unintentional discharge involving a private contract security officer are completed. B. Completion. The completion ofthis form is self-explanatory. C. Distribution. 1 —Original, attached to the Private Contract Security Officer Use of Force or Unintentional Discharge Report and forwarded to Security Services Division 1 —Copy, Counter-Terrorism and Special Operations Bureau 2 —TOTAL SPECIAL ORDER NO. 4 III. -2- CONTRACT SECURITY GUARD —USE OF FORCE REPORT, FORM 01.67.15 —ACTIVATED. The Contract Security Guard —Use of Force Report, Form 01.67.15, has been activated and is attached. A. Use of Form. This form shall be used to document all uses offorce or unintentional discharges. B. Completion. The completion ofthis form is self-explanatory. C. Distribution. 1 —Original, Security Services Division 1 —Copy, Counter-Terrorism and Special Operations Bureau 2 —TOTAL FORM AVAILABILITY. The Security Services Division Use of Force Involving Private Contract Security Checklist and the Contract Security Guard —Use of Force Report are available in E-Forms on the Department's Local Area Network, and are attached for immediate use and duplication. AMENDMENT: This Order amends Section 4/247.10 ofthe Department Manual. AUDIT RESPONSIBILITY: The Commanding Officer, Audit Division, shall review this directive and determine whether an audit or inspection shall be conducted in accordance with Department Manual Section 0/080.30. -{-,~ MI EL'~. MOORS Ch' f of ice A achments DISTRIBUTION "D" DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 4 ,2021 247.10 RESPONSE PROCEDURES TO USES OF FORCE AND UNINTENTIONAL DISCHARGES INVOLVING PRIVATE CONTRACT SECURITY ASSIGNED TO CITY FACILITIES. Department employees shall follow the procedures within this Section when they become aware that a private contract security guard assigned to a City facility and employed by an approved City contracted security company has been involved in a use offorce or unintentional discharge during the course and scope of his or her duties. These procedures do not change the Department's policy regarding the use offorce, unintentional discharges, or reporting procedures involving sworn Department employees. Note: Refer to Department Manual Section 4/245.05, Categories and Investigative Responsibilities for Use of Force. Officer's Responsibilities. Officers arriving at a scene where a private contract security guard has been involved in a use of force or unintentional discharge at a City facility shall: ~ Notify the Area watch commander(WC)ofthe incident; • Canvas the scene for witnesses or evidence; • Determine which security company employs the involved security guard and identify which City facility he or she is assigned; and, • Immediately request a Security Services Division(SECSD)supervisor to respond to their location. Note: If no SECSD supervisor is available, officers shall request a field supervisor from the Area division of occurrence to respond to their location. Security Services Division/Area Field Supervisor's Responsibilities. The SECSD/Area field supervisor, upon arrival on scene, shall: • Ensure a preliminary investigation is completed, sufficient to make an znitial determination, based upon the preponderance ofthe evidence standard, ifthe security guard committed a crime or not; • Ifa preliminary determination is made that the use offorce or unintentional discharge is criminal in nature, ensure that Area detectives respond and conduct an investigation; • Ensure the scene was canvassed for witnesses or evidence, including any digital in-car or body-worn video recordings ofthe incident; Note: Contract security guards are not mandated to deploy digital in-car or body-worn video. • Notify the on-duty SECSD WC,as soon as practicable, regarding the use offorce or unintentional discharge, including the type offorce used, any injuries and medical treatment, ifapplicable, and any other extraordinary circumstances, and document the incident and information in a Sergeant's Daily Report, Form 15.48.00; DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 4,2021 • If a criminal investigation and/or arrest is appropriate, ensure an Investigative Report (IR), Form 03.01.00, and/or an Arrest Report, Form 05.02.00, is completed, in compliance with Department procedures; • Verify with the private contract security guard that his or her company supervisor is responding to the location to conduct an independent investigation; • Obtain the rank, name and identifying information ofthe involved private contract security guards)and the private contract security guard's supervisor who will conduct the use offorce review or unintentional discharge investigation; • Ifa preliminary determination is made that the use offorce or unintentional discharge is non-crimznal in nature, Complete a Contract Security Guard —Use ofForce Report, Form 01.67.1S, and a Security Services Division Use ofForce Involving Private Contract Security Checklist, Form 01.67.14; and, • Obtain copies of all reports detailing the incident, including any written review by the involved private contract security company(when available) and forward to SECSD via Department mail as soon as practical. Area Watch Commander's Responsibilities. If an Area supervisor responds to the scene of a use offorce or unintentional discharge involving a contracted security officer at a City facility, the Area WC shall: • Document the use of force or unintentional discharge incident in a Watch Commander's Daily Report, Form 15.80.00; and, • Forward one copy of the Sergeant's Daily Report and the Watch Commander's Daily Report, to the SECSD via Department mail as soon as practical. Security Services Division Watch Commander's Responsibilities. Upon notification that a private contract security guard has been involved in a use of force or unintentional discharge, the SECSD watch commander shall: Ensure a SECSD supervisor or Area/division supervisor responds to the scene ofthe use offorce or unintentional discharge involving the private contract security guard to conduct an investigation; Document the following in the narrative portion ofthe Watch Commander's Daily Report: o The name and serial number of the involved private contract security guard and the private security guard's supervisor that responded to the scene of the use of force or unintentional discharge; and, o The on-scene disposition, including which entity handled the incident/investigation (e.g., security company, SECSD and/or Area detectives). Note: The on-scene disposition is how the incident was handled and by whom, along with whether the preliminary investigation is determined to be criminal or 2 DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 4 ,2021 administrative in nature and the status ofthe involved Contract Security Guard(s). Ensure a SECSD supervisor or Area/division supervisor completes a Contact Security Guard —Use ofForce Report, and a Security Services Division Use ofForce Involving Private Contract Security Checklist, when it is determined that the use of force or unintentional discharge is non-criminal in nature; Note: The original Contract Security Guard —Use ofForce Report and Security Services Division Use ofForce Involving Private Contract Security Checklist shall be filed within SECSD and a copy shall be forwarded to Counter-Terrorism and Special Operations Bureau (CTSOB). • Ensure that an Area detective supervisor responds to the scene to conduct an investigation if it is determined that, based upon the preponderance ofthe evidence standard, the use of force or unintentional discharge is criminal in nature; and, • Ensure that any discrepancy is documented in the Contract Security Guard —Use of Force Report, if it is determined that there is any deviation from the security company's procedures and protocols, as outlined in the contract between the security company and the Department; • Ensure timely notification ofthe incident is made to the CO, Civic Operations Section, SECSD, and the CO, SECSD; • Notify the respective Area CO where the incident occurred; • Include the use offorce o~ unintentional discharge on the SECSD Morning Report; and, • Forward all reports and attachments to the CO, Civic Operations Section and the CO, SECSD. Area Detective's Responsibilities. Area detectives shall investigate all uses offorce or unintentional discharges where a prelimimary determination has been made that the use offorce or unintentional discharge is criminal in nature. Area detectives shall handle all related arrests andfile all related cases. Security Services Division Commanding Officer's Responsibilities. The CO,SECSD, shall: • Ensure a SECSD or Area/division supervisor conducts an investigation and completes a Contract Security Guard —Use ofForce Report and Security Services Division Use of Force Involving Private Contract Security Checklist, when it is determined that the use of force or unintentional discharge is non-criminal in nature; • Conduct a preliminary review ofthe incident and note any concerns regarding legality and reasonableness ofthe involved contract security guard's actions; • Make a determination as to the contract security guard's work status pending the investigation; • Ensure compliance with contracts with all private security companies; and, DEPARTMENT MANUAL VOLUME IV Revised by Special Order No. 4 ,2021 • Determine the preliminary adjudication ofthe use offorce or unintentional discharge andforward the adjudication, along with the rationale and recommendations to CTSOB. Counter-Terrorsim and Special Operations Bureau Commanding Officer's Responsibilities. The CO, CTSOB, shall review all uses offorce and unintentional discharges involving private contract security. The CO, CTSOB, will be thefinal adjudicator ofthe use offorce or unintentional discharge. 4 SECURITY SERVICES DIVISION Los Angeles Police Department USE OF FORCE INVOLVING PRIVATE CONTRACT SECURITY CHECKLIST Supervisor assigned to investigate the UOF: Date of Incident: Time of Incident: Time of SECSD Notification: Contract Security Company: Location of Incident (Facility Address): Field Supervisor Duties: 1. Determine if a crime occurred. 2. Ensure the scene is canvassed for witnesses or evidence. 3. Notify the on-duty SECSD WC including type of force used, any injuries (if any, was there medical treatment provided) or any other extraordinary circumstances. 4. If a criminal investigation and/or arrest is appropriate, ensure completion of an IR and/or arrest report in compliance with Department procedures. 5. Verify that a Contract Supervisor is responding to the location. Name: 6. Obtain rank, name and identifying information of the involved contract security guard(s) and contract supervisor conducting the UOF review. 7. If determined that force is non-criminal in nature, a contract security supervisor or a field supervisor when a contract security officer is unavailable, shall complete a Contract Security Guard – Use of Force Report. 8. Submit report(s) and attachments to the Watch Commander for review. Watch Commander Duties: 1. Notification to SECSD Command (via text or email). Note: The SECSD Command will preliminarily review the circumstances of the UOF and determine the work status for the involved contract security guard(s). 2. If any deviation from the contract’s procedures and protocols, document the discrepancy in the WC log. This information shall be included in the notification to the SECSD CO. 3. Courtesy notification shall be made to the respective LAPD Area Commanding Officer based on the location of the UOF for his or her situational awareness. Division: 4. Ensure that an Area detective supervisor responds to the scene and investigates if it is determined that UOF is criminal in nature. 5. VIA EMAIL - Notification to the SECSD Command and the Contracts Security Unit, SECSD and the CO, Civic Operations Section. 6. Include UOF information on the Morning Report (Mandatory Headings Exemplar Saved on P: Drive). 7. Forward Report(s) and attachments to the SECSD CO for review. SECSD Commanding Officer Duties: Review the UOF Report and provide insight on findings and further action, if applicable. Contract Security Unit Duties: Review all the documents related to the incident and conduct a follow up with the contract company. Form 01.67.14 (03/2020) Los Angeles Police Department Security Services Division (SECSD) Contract Security Guard – Use of Force Report Use of Force Report No.: CASE CATEGORIZATION (check all that apply) Non-categorical Unintentional head strike Categorical CASE DETAILS Incident date/time: Date/time SECSD notified: Master Incident No.: Comm. Div. Incident No.: Reporting District: Area of Occurrence: Outside agency involved: Organization credited with use of force: Address of the occurrence: INCIDENT OVERVIEW Lighting conditions: Weather conditions: Investigating supervisor and Serial No.: RELATED REPORTS AND ATTACHMENTS (check all that apply) Employee’s Report: Arrest Report: (DR#: and/or BKG#: Investigative Report: (DR# ) ) 01.67.15 (03/2020) Page____ of ____ Los Angeles Police Department Security Services Division (SECSD) Contract Security Guard – Use of Force Report Contract Security Administrative Report: Other: SUPERVISOR ON-SCENE Was a primary supervisor on-scene at time of incident? Yes No If yes, supervisor’s name and Serial No.: INSTRUCTIONS: Print out this page for involved Security Guard(s), Witness(es), Subject(s), and Suspect(s). Print additional pages, as needed, if parties exceed the number of fields. INVOLVED CONTRACT SECURITY GUARD Name: Serial/Badge No.: Contact information: Description of force used: Describe injuries: Statement consistent? Yes No Miranda Rights? Yes No Miranda waived? Yes No Statement recorded? Yes No Explain, Body-Worn Video or Digital Recording (TID Control No.): Interview date/time: Interviewed independently by: 01.67.15 (03/2020) Page____ of ____ Los Angeles Police Department Security Services Division (SECSD) Contract Security Guard – Use of Force Report RESPONDING CONTRACT SECURITY SUPERVISOR Name/rank: Contact information: INSTRUCTIONS: Print out this page for involved Security Guard(s), Witness(es), Subject(s), and Suspect(s). Print additional pages, as needed, if parties exceed the number of fields. OTHER INVOLVED PARTY: (check) VICTIM WITNESS SUBJECT/SUSPECT Name: Contact information: Described injuries to involved party: Photos/Body-worn video taken of injuries? YES OTHER INVOLVED PARTY: (check) VICTIM WITNESS NO SUBJECT/SUSPECT Name: Contact information: Described injuries to involved party: Photos/Body-worn video taken of injuries? YES OTHER INVOLVED PARTY: (check) VICTIM WITNESS SUBJECT/SUSPECT Name: Contact information: Described injuries to involved party: 01.67.15 (03/2020) Page____ of ____ NO Los Angeles Police Department Security Services Division (SECSD) Contract Security Guard – Use of Force Report Photos/Body-worn video taken of injuries? YES OTHER INVOLVED PARTY: (check) VICTIM WITNESS NO SUBJECT/SUSPECT Name: Contact information: Described injuries to involved party: Photos/Body-worn video taken of injuries? YES NO YES NO YES NO Digital In-Car Audio: YES NO Digital In-Car Video: YES NO Body-Worn Video: YES NO Photos: YES NO All known audio and video recordings retained at TID: YES NO INVESTIGATIVE SUMMARY Activity source: Scene canvassed for witnesses: Canvassing details: Scene canvassed for physical evidence? Canvassing details: TID Control Number or explain: Summary of incident: Preliminary review of use of force: 01.67.15 (03/2020) Page____ of ____ Los Angeles Police Department Security Services Division (SECSD) Contract Security Guard – Use of Force Report INSTRUCTIONS: Print out this page for involved Security Guard(s), Witness(es), Subject(s), and Suspect(s). Print additional pages, as needed, if parties exceed the number of fields. SUBJECT/SUSPECT DETAIL INFORMATION (print additional pages if multiple suspects). Subject/suspect name: Gender: Height: Weight: Date of birth: Age: Descent: ID or Driver’s Lic. No.: Homeless? YES NO YES NO Private Person’s Arrest? YES NO Hobble used? YES NO Home phone number: Home address: Business phone number: Business address: Arrested? Charge/Hold: DR No.: Part of body restrained by hobble: Body position after application: Weapon used by suspect during use of force: Subject/suspect’s impairment determined during investigation: Subject/suspect’s actions prior to use of force: 01.67.15 (03/2020) Page____ of ____ Los Angeles Police Department Security Services Division (SECSD) Contract Security Guard – Use of Force Report INSTRUCTIONS: Print out this page for involved Security Guard(s), Witness(es), Subject(s), and Suspect(s). Print additional pages, as needed, if parties exceed the number of fields. Mental illness? YES NO Was Mental Evaluation Unit notified? YES NO Was a 5150 WIC hold confirmed? YES NO Subject/suspect’s statement consistent? YES NO Subject/suspect read Miranda Rights? YES NO YES NO If no, explain: Subject/suspect waived Miranda Rights? SUBJECT/SUSPECT INJURY/MEDICAL TREATMENT (print additional pages if multiple). Subject/suspect name: Subject/suspect injured? YES NO Subject/suspect received medical treatment? YES NO Subject/suspect hospitalized? YES NO Hospitalization use of force related? YES NO Treated by physician name: Medical Release Form requested? YES Medical Release Form obtained? NO YES 01.67.15 (03/2020) Page____ of ____ REFUSED NO Los Angeles Police Department Security Services Division (SECSD) Contract Security Guard – Use of Force Report Medical action taken: Date FID contacted for advice: Name and Serial No. for FID contact: Subject/suspect injury(ies): Medical treatment description: CO 14-DAY REVIEW Required 14-day review: YES NO Date reviewed: If no, note details: USE OF FORCE FINDINGS (SECSD CO FINDINGS) CO reviewing: Date reviewed: Use of force/tactics findings: Deviation from policy? YES NO Additional comments: Classification: In policy Out of policy Action(s) taken: 01.67.15 (03/2020) Page____ of ____ Los Angeles Police Department Security Services Division (SECSD) Contract Security Guard – Use of Force Report USE OF FORCE FINDINGS (SOG CO FINDINGS) CO reviewing: Date reviewed: Use of force/tactics findings: Deviation from policy? YES NO Additional comments: Classification: In policy Out of policy Action(s) taken: 01.67.15 (03/2020) Page____ of ____