Kansas City Police Procedural Instruction 22-08 PDF

KANSAS CITY, MO. POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 11/09/2022 11/09/2022 22-08...

KANSAS CITY, MO. POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 11/09/2022 11/09/2022 22-08 AMENDS Operation 100 / Negotiator Response REFERENCE RESCINDS PI: Ambulance Calls and Arrests Taken to Hospitals; P.I. 14-13 Clandestine Laboratory Operations I. INTRODUCTION *A. This written directive provides guidance for handling emergency situations, e.g., unarmed subject in crisis, an armed subject, an armed and barricaded subject, an armed suicidal subject, or a hostage situation. B. It is impossible to set forth exact procedures for every situation. Therefore, sworn members must exercise their judgment, based on training, experience, and knowledge of department policies and procedures when faced with unique and difficult situations. *II. TERMINOLOGY A. Barricade - A standoff created by an armed or potentially armed suspect in any location, whether fortified or not, who is refusing to comply with lawful orders for surrender. B. Barricaded Subject - A situation where a subject, intent upon evading arrest, takes a defensive position armed with a gun, explosive, or a weapon capable of harming others and presents a deadly threat to sworn members, and/or others. A barricade is not required. C. De-escalate - Proactive actions and approaches used to stabilize a situation so that sworn members have time to decelerate and disengage; re-evaluate a situation and assemble the proper resources, equipment, and personnel to promote thoughtful resolutions to situations; and to reduce the likelihood of harm to all persons. Such tactics may include: members making reasonable attempts to identify whether a subject’s lack of compliance is a deliberate attempt to resist rather than an inability to comply, verbal persuasion, warnings, tactical techniques, slowing down the pace of an incident, waiting out a subject, creating distance, and requesting additional resources. D. Delaying Custody - A tactic that can be used if the sworn member determines immediately taking the subject into custody may result in an undue safety risk. E. Disengagement - The intentional decision, based on the totality of circumstances, to discontinue contact after the initial attempts were unsuccessful with a subject in crisis.  F. Negotiator Response - Any incident involving a single person in a crisis that has the intent and proximity to harm themselves and/or others. This response generally requires trained negotiators and one (1) tactical squad for containment and control of the individual. G. Operation 100 - Any incident involving a sniper, a barricade situation created by an armed or potentially armed suspect in any location, fortified or not, with or without hostages who has demonstrated the means/intent to cause death or serious injury to themselves and/or others (i.e. firearms, edge weapon, explosives etc.), or a terrorist act. III. GUIDELINES *A. It is the primary responsibility of the Tactical Response Teams (TRT) to train for and respond to Operation 100’s. *B. Tactical Pause or Re-Positioning is not a sign of weakness or cowardice by a sworn member; it is often a tactically superior police procedure rather than the immediate use of force. Sergeants should use their best judgement when making a decision to initiate an Operation 100 or a Negotiator Response and should always err on the side of caution. *C. Time is of no importance when handling a subject in crisis call. Aggressive action should be avoided by sworn members, unless there is an immediate threat to life or physical danger to the subject, the public, or sworn members. D. Apprehension of subjects, protection of the crime scene and recovery of property are all secondary to the protection of life. *E. If a subject is threatening to harm themselves and also has the capacity of harming others, i.e., armed with a weapon or a firearm, sworn members will respond. If necessary, a sergeant will initiate an Operation 100 or a Negotiator Response. *F. If a subject is armed, in their own residence, and is only threatening to harm themselves, i.e., no crime committed, sworn members will respond and determine a course of action, e.g., deceleration, disengagement, Negotiator Response. When necessary, a sergeant will initiate an Operation 100. G. Operation 100’s will be directed toward peaceful resolutions rather than tactical assaults, whenever possible. *H. Sworn members are not expected to diagnose a subject in crisis, but rather recognize behavior that is potentially dangerous to the subject or others and is a factor in determining a response. 2  *I. Sworn members should avoid taunting, insulting, harassing, or using verbally abusive language that may provoke the subject or escalate the situation. *J Sworn members must realize the use of less-lethal devices can have an adverse effect by escalating the situation versus de-escalating. IV. PROCEDURES *A. The initial responsibility of a sworn member who becomes aware of a situation involving an unarmed subject in crisis, an armed subject, an armed barricaded subject, an armed suicidal subject, or a hostage situation, is the protection of life. Sworn members will make every effort to stabilize these situations, keeping in mind that they differ from active shooter situations. *B Sworn members should attempt to evaluate the totality of the circumstances when making a determination about the situation and the need for intervention when a crime has not been committed. *C. Sworn members utilizing their best judgment, based on training, experience, and knowledge of Department policies and procedures, when faced with unique and difficult situations will: 1. Notify the dispatcher of the situation. 2. Request a Patrol Division Sergeant. 3. Request additional sworn members be dispatched to help maintain observation of the subject and/or secure the area. 4. Attempt to contain and isolate the threat with the protection of life being the overall priority. D. Members will remain on their assigned frequency unless directed by the Communications Unit to use one of the Special Operations frequencies. Once on the frequency, members will remain there until they receive instruction from the Command Post or Communications Unit to switch back to their assigned frequency. *E. Upon arrival, the sergeant will evaluate the incident and determine if an Operation 100, Negotiator Response, or subject in crisis response is necessary. 3 *F. When an Operation 100 or a Negotiator Response is not initiated, and there is still a subject in crisis, the on-scene supervisor will contact the on-call Crisis Intervention Team (CIT) sergeant or designee regarding the subject still suffering a mental health crisis. A CIT report will be completed and CIT members will conduct a follow-up with the individual and medical facility. Refer to the current directive entitled, “Persons with Mental Health Disorder, Alcohol Abuse, and/or Drug Abuse.” *G. If an Operation 100 or Negotiator Response is necessary, the sergeant will: *1. Notify the Communications Unit that an Operation 100 or a Negotiator Response is in effect. 2. Immediately evaluate the need to evacuate the affected area. 3. Request an additional sergeant to respond to the scene. a. This allows the initial sergeant to respond to the Command Post for debriefing and completion of the “Operation 100 Supervisor’s Checklist, Form 168 P.D.,” (Form 168 P.D.) b. If an additional sergeant is not available from the affected division, a sergeant from another division will be dispatched. 4. Designate the assembly area for the Command Post and the safest route to the area. The following considerations must be given to selecting an area: a. Out-of-sight of the perpetrator. b. Close enough to be practical. c. Large enough for the Command Post and to park approximately 35 vehicles. d. Business operation hours. If possible, permission from the business owner should be obtained prior to designating a location. 5. Secure the scene using the Form 168 P.D., as a guide. 6. Designate a sworn member whose duties will be to secure the Command Post and vehicles. 4  7. Designate a media staging area due to the inherent danger in the immediate area. Media will be allowed the same access as the general public at these scenes; however, the intent is to enhance safety. Any questions regarding access should be directed to the Media Unit representative at the scene. *8. Assign a “Log Officer” and ensure that a log of radio traffic is properly maintained. Once relieved, deliver the log of radio traffic to the Command Post Log Officer. 9. Respond to the Command Post and complete any additional information on the Form 168 P.D., after TRT personnel have taken responsibility for the scene. 10. Present the completed Form 168 P.D., to the Command Post Log Officer. The Form 168 P.D., will remain within the Command Post for the duration of the Operation 100. After completion of the incident, the Form 168 P.D., will be maintained in the after action report/log file within the Special Operations Division Office (SOD). *11. A copy of the Form 168 P.D., will be provided to the appropriate responding investigative element. *H. The Communications Unit supervisor will notify the TRT commanders, on- call TRT sergeants, Negotiator Response Team (NRT) sergeant or designee, the on-call Unmanned Aircraft Systems (UAS) authorized member, the appropriate investigative element, the Media Unit, and when applicable, the Crisis Intervention Team (CIT) sergeant or designee. *I. Unless specifically requested, access to the mobile Command Post during an Operation 100 will be limited to the following persons: 1. Chief of Police. 2. Patrol Bureau commander, Executive Officer, and Duty Officer. 3. TRT commanders and designated personnel. 4. Hostage Negotiation Team (HNT) members. *5. SOD commander (Major) 6. The TRT commander may allow anyone deemed essential to access the Command Post during an Operation 100. J. The TRT sergeant, upon arrival at the scene, will have overall authority and responsibility of the tactical phase until the arrival of the TRT commander, who will then assume overall command of the Operation 100. 5  K. After TRT personnel have taken responsibility for the scene, all members and the sergeant at the scene, after being personally relieved by TRT personnel, will report to the Command Post assembly area for debriefing and reassignment until the Operation 100 has ended. *L. When hazardous devices are suspected or encountered the Bomb and Arson Section (BAS) will be contacted. When clandestine laboratories are suspected or encountered the Special Investigations Division (SID) will be contacted. TRT sergeants and commanders will coordinate their actions with the Bomb and Arson Section and the Special Investigations Division. The Communications Unit will also be notified. M. All Patrol Division sergeants will maintain an adequate supply of the Operation 100 Checklist, Form 168 P.D. N. When the Operation 100 ends, the TRT commander will notify the Communications Unit that the Special Operations frequency will no longer need to be monitored and may be secured. Joseph E. Mabin Jr. Chief of Police Adopted by the Board of Police Commissioners this 25 th day of October, 2022. Mark C. Tolbert Board President DISTRIBUTION: All Department Members Department Master Index - Intranet Policy Acknowledgment SyStem (PASS) 6