DM 05.05 - Reporting Use of Force.pdf

05.05 REPORTING USE OF FORCE Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 05.01, 05.02, 05.03, 05.05, 05.06, 05.07, 05.08, 05.09, 05.10, 08.12 References: C.R.S. § 16-2.5-301, 18-1-707, 18-8-802, 24-31-905 Review Authority: Profe...

05.05 REPORTING USE OF FORCE Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 05.01, 05.02, 05.03, 05.05, 05.06, 05.07, 05.08, 05.09, 05.10, 08.12 References: C.R.S. § 16-2.5-301, 18-1-707, 18-8-802, 24-31-905 Review Authority: Professional Standards and Training Division Chief and APD Legal Advisor(s) 5.5.01 PURPOSE The purpose of this directive is to provide sworn members of the Aurora Police Department (APD) with clear and direct guidelines to follow when reporting uses of force. 5.5.02 SCOPE This directive applies to all sworn members of APD. 5.5.03 DEFINITIONS Definitions from the following directives apply to this directive: - DM 05.01 - Use of Force - DM 05.02 - Use of Force Model - DM 05.03 - Less-Lethal Devices, Weapons, and Techniques - DM 05.04 - Authorized Firearms, Weapons, and Ammunition Hospitalization: The subject is admitted to a hospital for a force-related injury. Treatment and release from a hospital emergency department, or critical care facility, seen by a jail nurse, paramedic, or EMT, is not hospitalization. Minor Injury: An injury that does not require professional medical treatment. Multi-Agency Team (MAT): A broad term for a team that includes at least one other police department or sheriff’s office, or the Colorado Bureau of Investigation (CBI), required by CRS § 16-2.5-301 to conduct any investigation, evaluation, and review of an incident involving the discharge of a firearm by a peace officer that resulted in injury or death, or other use of force by a peace officer that resulted in death. The law enforcement agencies participating need not be from the same judicial district. Off Duty: A sworn member who is not working a scheduled shift or secondary employment. Professional Medical Treatment: Treatment provided by medical staff such as a doctor, registered nurse, licensed practical nurse, paramedic, or emergency medical technician beyond basic first aid. Diagnostic procedures such as blood tests, X-rays, Blood Pressure checks, etc., are not treatment. Secondary Employment: Employment requiring the use or potential use of police authority as defined in DM 08.12 - Secondary and Additional Employment. Page 1 of 6 DM 5.05 - Reporting Uses of Force 5.5.04 Revised: Aug-18-2023 POLICY The policy of the Aurora Police Department is that sworn members shall report to their supervisor(s) all uses of force in a timely, thorough, and accurate manner. APD commits to using a transparent reporting process, strengthening trust between APD and the public. 5.5.05 CORE PRINCIPLES The following core principles are provided to guide sworn members regarding when and how to report useof-force incidents: Accountability: We are responsible for our actions and decisions. We are accountable to the public and committed to holding ourselves and each other responsible for violations of statutes and APD policy(s). Thorough Reporting and Documentation: Uses of force are reported by sworn members, and those reports are reviewed by the agency depending on the level of force that was used and assesses department policy development and training needs. Timeliness: The expeditious notification of use-of-force incidents is critical to a thorough investigation and documentation of the event. Written reports must also be completed promptly. 5.5.06 REPORTING TIERS Tier Zero (0) Use of Force: Tier Zero activity is considered a statutory use of force per C.R.S. § 18-1-707 or considered a display of force by a sworn member of the Aurora Police Department. Tier Zero uses, or displays of force, require reporting in the administrative management system (see DM 08.50 - Contact Data Collection for further information). Tier Zero notifications are documented on a Contact Data Collection (CDC) Form, including: - Firearm Gun Point (Handgun, Rifle, Shotgun) - Less Lethal Shotgun, Projectile Launcher, Taser, OC Pointing - Arrest with Handcuffs - Handcuff and Release with no arrest or summons - Pat-Down for weapon - Physically redirecting a person that does not involve overcoming resistance. - Consensual Search of a Person If sworn members engage in activity that requires a Tier Zero notification but is not on a CAD call (e.g., assist or arrest outside the city), they will create the appropriate CAD call, notify a supervisor, and complete a CDC form. Tier One (1) Use of Force: A use of force with no or minor injury is used to overcome physical resistance, including: - Take Down Page 2 of 6 DM 5.05 - Reporting Uses of Force Revised: Aug-18-2023 - Use of control weapon (Baton or SD-1) for leverage or control purposes (no strikes or thrusts). - BolaWrap™ - WRAP™ and Restraint Chair - Restraining measures to assist AFR, EMS, and/or medical personnel. Members shall not restrain individuals solely at the direction or request of medical personnel. However, there is a reasonable expectation that sworn members will intervene to prevent injury from occurring to AFR/EMS personnel or members of the public and/or reduce the need for escalation of force. Sworn members shall determine if force is required and objectively reasonable to effect an arrest, prevent an escape, prevent the imminent threat of injury or death, and/or facilitate taking a subject into protective custody (M1, detox). Tier Two (2) Use of Force - Use of a weapon other than a deadly weapon or actions that result in injury requiring professional medical treatment, including: - Oleoresin Capsicum (pepper spray) - Baton Strikes/Thrusts - Launchable Impact Weapons - CEW - Use of Personal Weapons (e.g., strikes, punches, kicks) - Police Canine Sent with the Intent to Bite - Pitting and/or Boxing of a Moving Vehicle - Tire-deflation device used on a vehicle in motion with successful tire deflation. Tier Three (3) Use of Force - Use of a deadly weapon, lethal force, and/or force where hospitalization or death occurs. - Use of Lethal Force regardless of injury. - Use of force, tools, or weapons which result in hospitalization or death. - Intentional use of a vehicle against a person on foot. - Any incident where a sworn member discharges a firearm and a person is struck by a bullet outside of a training environment. When a supervisor, in conjunction with the Duty Executive, believes that a use of force warrants a higher or lower Tier classification and response, they can adjust accordingly. Page 3 of 6 DM 5.05 - Reporting Uses of Force 5.5.07 Revised: Aug-18-2023 LEVELS OF FORCE According to the Use of Force Model, sworn members are encouraged to report uses of force to the investigating supervisor according to the following levels of force rather than by tier number: 5.5.08 - Low-level Force: Actions taken to control a subject that are neither likely nor intended to cause injury. - Intermediate Force: Actions taken to control a subject that is likely to cause pain, injury, or serious bodily injury to the subject. - Lethal Force: Actions taken in which the likely outcome is death, regardless of whether death occurs. REQUIRED NOTIFICATION FOR REPORTING USES OF FORCE Each sworn member involved in a use of force shall personally notify and report the use of force to a supervisor in person, by phone, or by radio. If a supervisor is not present, one will be requested to the scene. The notification must include each instance a sworn member used force and the type of force used. This notification is required regardless of whether the supervisor notified was present during the event, witnessed all or part of the use(s) of force, or is the involved member's supervisor. On-duty sworn members who witness a use of force by other members are also personally responsible for notifying the use of force investigating supervisor that they witnessed the incident. Notification that force was used or witnessed shall be made before the sworn member clears the call unless unable to do so due to extenuating circumstances, in which case it shall be made before the member's scheduled work or secondary employment shift ends. Any supervisor directly involved in a use-of-force incident shall notify an uninvolved supervisor, preferably one rank higher, to respond to the scene to investigate and document that use-of-force incident. If a supervisor directs a sworn member to use force, that supervisor is an involved member in that use of force. Supervisors shall not investigate uses of force incidents in which they are involved. If the use of force involves SBI or death, the department will ensure that the subject's identified relatives or next of kin are contacted as soon as practical, according to DM 08.15 - Next of Kin Notification. 5.5.09 REPORTS REQUIRED BY THE MEMBER INVOLVED IN A USE OF FORCE INCIDENT Contact Data Collection (CDC) Report: Each sworn member who uses Tier Zero, One, or Two level force is required to complete their own Contact Data Collection (CDC) Report in Benchmark according to DM 08.50 - Contact Data Collection. The CDC Report shall be completed with the report number documented in call notes prior to clearing the call for service. Sworn members directly involved in a Tier Three use of force incident are not required to complete the CDC Report as the data is submitted manually to CBI by the Professional Standards Section. General Offense (GO) or Supplemental Report Content: A General Offense (GO) or supplemental report is always required to document a sworn member's use of Tier One or Tier Two uses of force. Although notification that force was used is always required, if the use of physical or lethal force results in the death or hospitalization of another person, the member involved is not required to write a report. Sworn members directly involved in such a use of force will likely participate in a recorded interview by Multi-Agency Team (MAT) or Major Crime Homicide Unit (MCHU), depending on the circumstances. Sworn members who have participated in an audio/video recorded interview with an Page 4 of 6 DM 5.05 - Reporting Uses of Force Revised: Aug-18-2023 investigator will not be required to complete a written report regarding the incident, as their recorded video interview will serve as their report. Unless otherwise directed by an investigating body, a sworn member who is not directly involved in a Tier Three use of force shall author a written report explaining their involvement in the incident. Sworn members shall follow APD Directive DM 08.10 - Reports and are encouraged to review Use of Force Report Considerations for additional guidance. When describing observed behaviors such as, “furtive movement” or “took a fighting stance,” the sworn member shall further describe the particularized and specific subject behavior(s) as it relates to the term. The involved member’s written report shall be completed by the end of the sworn member’s shift unless a supervisor grants an extension. Reports shall be descriptive and articulate details of the incident, thoroughly addressing the sworn member’s decision-making process, perceptions, emotions, experiences, etc., in relation to the following: - The reason for the initial contact. - Detailed description of events leading to the use of force. - Detailed description of the subject(s)’ behavior and why the member took action to address it. - Any de-escalation efforts or use of non-violent means or reasons they were used or attempted. - Any warnings that were given, time to comply, exigent circumstances, or the risk of injury giving warnings would have created. - The type(s) of force that was used. - Justification for each use of force during the incident. - The resulting effect of the force used. - Subsequent actions taken by the sworn member, including a record of any medical treatment or first aid rendered. - Whether or not the body-worn camera was activated for the entire incident and, if not, the reason. All sworn members who responded to a Tier One, Tier Two, or Tier Three use of force incident will complete a written report regarding their involvement and duties performed during the incident. 5.5.10 REPORTING USE OF FORCE DURING SECONDARY EMPLOYMENT Sworn members who use force while working secondary employment are required to notify an on-duty supervisor and complete the appropriate reports according to the tier level. All tier levels of reporting and notification apply to secondary employment. Page 5 of 6 DM 5.05 - Reporting Uses of Force 5.5.11 Revised: Aug-18-2023 REPORTING EXCESSIVE FORCE Excessive physical force will be presumed when a peace officer uses or continues to apply physical force, in excess of the force permitted by CRS § 18-1-707, to a person who, by law, does not meet the legal basis for force to be used against or has been rendered incapable of resisting arrest. Per C.R.S. § 18-8-802, on-duty sworn members are obligated to intervene in a use of force incident where they perceive a level of force being used by another sworn member exceeds what is legally justifiable under C.R.S. § 18-1-707. Please see APD DM 05.01 - Use of Force section 5.1.10 Duty to Intervene for further information. Any sworn member who perceives or reasonably should have perceived another sworn member’s use of force exceeds the degree of force that is objectively reasonable shall, when in a position to do so safely, immediately intervene to discontinue the use of force without regard for the chain of command. This obligation applies to members who are working a secondary employment job. This does not apply to members who are not working and whose actions do not involve the use of police authority (i.e., only acting as private citizens). It is the policy of APD that, upon recognition, sworn members shall report excessive force or perceived excessive force immediately to a supervisor or by the end of their shift if immediacy is not practical. Even though C.R.S. § 18-8-802 states sworn members have up to ten (10) days to report what they believe to be the use of excessive force to a supervisor, sworn members shall report excessive force or perceived excessive force immediately to a supervisor or by the end of their shift if immediacy is not practical. All sworn members who witness the alleged use of excessive force shall complete an 18-8-802 UOF Report in the administrative management system. This report will be sent directly to the Internal Affairs Bureau (IAB) Captain. The report will include the following: - Date - Time - Place of occurrence. - Include the related General Offense report case number. - The identity and description of the subject(s). - The identity and description of the sworn member(s). - Intervention actions that were taken. Page 6 of 6