REASONABLE USE OF FORCE IN COUNTY JAILS

Transcription

1 THE KENTUCKY ASSOCIATION OF COUNTIES IN PARTNERSHIP WITH THE KENTUCKY JAILER S ASSOCIATION 25 JUNE 2012 REASONABLE USE OF FORCE IN COUNTY JAILS G. SCOTT COLVIN,CJM PRINCIPAL AGENT COMMONWEALTH CORRECTIONS,LLC RODNEY BALLARD CHIEF, FAYETTE COUNTY CORRECTIONS

2 WHEN DID THE LANDSCAPE CHANGE?

3 3 MARCH 1991

4 EXCESSIVE FORCE IS A SUBJECT THAT WILL NOT BE TOLERATED BY THE POPULACE OF ANY MAJOR CITY

5 CINCINNATI EXPLODED IN 2001 OVER POLICE EXCESSIVE FORCE

6 WHAT WAS THE RESOLUTION THAT THE PEOPLE SETTLED FOR? 1. FEDERAL CONSENT DECREE (SUPERVISION) 2. DIALOGUE ON USE OF FORCE POLICY 3. TRAINING (THEY PURCHASED 700 TASERS) 4. REPORTING MECHANISM RETOOLED 5. TRANSPARANCY ACHIEVED 6. BLUE WALL OF SILENCE COMES DOWN

7 PERCEPTION THE USE OF FORCE BY OFFICERS CAN EASILY BE MISUNDERSTOOD MISCHARACTERIZED, AND EXPLOITED BY OFFENDERS, INMATES THEIR FAMILIES ETC.. PEOPLE FIGHTING, PUNCHING AND KICKING ONE ANOTHER IS NEVER PRETTY. IN FACT THE OPPOSITE IS TRUE. DOESN T CHANGE A DAMN THING ABOUT THE OFFICER S CHOICE TO APPLY FORCE TO A SUBJECT. WE DO NOT TEACH OUR OFFICERS TO OH NO, YOUR RIGHT HE S PUNCHED THE CHAPLAIN AND IS MAKING A BREAK FOR IT BUT IT WOULD LOOK SO UGLY IF WE GOT INVOLVED. NO, WE TEACH, SUPERVISE AND REVIEW USE OF FORCE ENCOUNTERS BASED ON

8 PERCEPTION (CON T) WAS THE OFFICER S APPLICATION OF FORCE 1. LOGICAL 2. REASONABLE 3. PROPORTIONATE 1. CODIFIED IN POLICY 2. THE OFFICER WAS TRAINED AND PROFICIENT 3. THE OFFICER COULD ARTICULATE HIS OBJECTIVE NEED FOR THE FORCE

9 WHAT S TO BE DONE 1.PHYSICAL FORCE IS LITIGOUS 2.ENSURE THAT A CONTEMPORARY AND COMPREHENSIVE USE OF FORCE/REPORTING OF FORCE POLICY IS IN PLACE. 3.THIS POLICY IS APPROVED BY COUNTY ATTORNEY;FISCAL COURT; CORRECTIONS, AND INSURANCE CARRIER. 4. AS WELL AS NECESSARY TO PROTECT STAFF, INMATES, VISITORS AND VOLUNTEERS- POLICY MUST PROTECT THE COUNTY S LIABILITIES BUT MUST BE VIABLE AND LEGALLY PRACTICED BY JAIL STAFF ON WHOEVER IT IS APPLIED

10 IN ADDITION TO EVER PRESENT LEGAL ISSUES SURROUNDING THE USE OF FORCE WE ACKNOWLEDGE THAT WORKING IN A COUNTY JAIL IS A HAZARDOUS ENVIRONMENT WITH A HIGH POTENTIAL FOR PHYSICAL VIOLENCE AND ASSAULT. ON THESE ISSUES ALONE IT BECOMES A JAILER S HIGH PRIORITY TO ESTABLISH THE APPROPRIATE DEPARTMENTAL CULTURE TOWARD THE USE OF FORCE. SO IT FALLS TO US TO ANALYZE THE RISKS THAT OUR DEPUTIES FACE EACH DAY AND DEVELOP STRONG POLICY GUIDELINES FOR SELF PROTECTION AND THE PROTECTION OF OTHERS AND TO DEVELOP JUST AS STRONG TRAINING PROGRAMS FOR STAFF TO BE EDUCATED IN CORRECTIONAL USE OF FORCE CONCEPTS

11 USE OF PHYSICAL FORCE IN A COUNTY JAIL IS THE SECOND LEADING CAUSE OF LITIGATION IN COUNTY JAILS, BEHIND LACK OF DUE MEDICAL CARE LAWSUITS. EXCESSIVE FORCE CLAIMS AGAINST A COUNTY JAIL AUTOMATICALLY AROUSES MEDIA INTEREST AND IN MANY CASES PUBLIC SUSPICION AS PREVIOUSLY DISCUSSED

12 KRS CHAPTER 503 KAR 501 CHAPTER 503 OF THE KENTUCKY REVISED STATUTES DEFINES ALL USE OF FORCE SITUATIONS UNDER THE LAW, FOR BOTH CRIMINAL JUSTICE PROFESSIONALS AND LAY CITIZENS ALIKE. KAR501 ARE THE KENTUCKY JAIL STANDARDS WHICH CONTAINS INFORMATION/REQUIREMENTS RELATED TO FORCE ISSUES AND THE ACCOUNTABILITY AND DOCUMENTATION OF THESE INCIDENTS

13 (5) BASIC POLICY INSTRUCTIONS ABOUT USE OF FORCE IN GENERAL 1. SWORN PERSONNEL IN A POSITION WHERE USE OF FORCE AGAINST AN INMATE IS NECESSARY SHALL BE TRAINED IN THE USE OF FORCE 2. ONLY THE TYPES OF PHYSICAL FORCE CURRENTLY APPROVED BY THE DEPARTMENT SHALL BE USED AGAINST AN INMATE 3. EVERY EFFORT WILL BE MADE TO VIDEO AN INCIDENT, INCLUDING THE DEPUTIES EFFORTS TO GAIN COMPLIANCE 4. IN ALL CASES INVOLVING THE USE OF FORCE, PHOTOGRAPHS WILL BE TAKEN, EVEN IF NO SIGNS OF PHYSICAL INJURY ARE PRESENT 5. ALL CASES INVOLVING USE OF FORCE, NO MATTER HOW MINOR, SHALL BE FULLY DOCUMENTED IN WRITTEN STATEMENTS BEFORE BEING RELEIVED FROM DUTY INCLUDING STAFF THAT MERELY WITNESS AN INCIDENT

14 TRAINING IS THE ONLY VEHICLE BY WHICH YOUR RULES AND REGULATIONS REGARDING FORCE ARE TRANSMITTED TO YOUR STAFF YOUR DEPUTIES MUST UNDERSTAND CLEARLY AND DEFINITIVELY WHEN FORCE IS APPROPRIATE, HOW MUCH TO USE, BY WHICH METHODS, AND HOW TO FULLY REPORT SUCH OCCURANCES

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18 DEGREE OF FORCE? THE DEGREE OF FORCE EMPLOYED DEPENDS ON THE CIRCUMSTANCES AND FACTS OF THE PARTICULAR INCIDENT AND IS CONTROLLED BY THE FOLLOWING (3) FACTORS: 1. THE DEGREE OF FORCE THREATENED BY OR USED BY THE INMATE 2. THE DEPUTY S REASONABLE PERCEPTION OF THE FORCE THREATENED OR USED BY THE INMATE AT THE TIME 3. ALTERNATIVES TO THE USE OF FORCE AVAILABLE

19 PHYSICAL FORCE: THERE ARE (7) JUSTIFICATIONS 7. TO PREVENT OR STOP AN INMATE DISTURBANCEW OR RIOT 1. TO PROTECT ONESELF FROM PERSONALHARM 2. TO DEFEND, AID OR PROTECT OTHER STAFF, INMATES OR THIRD PARTIES FROM PERSONAL HARM 3. TO PREVENT COMMISSION OF FELONIES TO INLCUDE ESCAPES. 4. TO PREVENT SUICIDES OR OTHER SELF-INFLICTED, SERIOUS, PGYSICAL INJURIES 5. TO ENFORCE INSTITUTIONAL RULES AND REGULATIONS. 6. TO PREVENT SERIOUS DAMAGE TO DETENTION CENTER PROPERTY

20 THERE ARE (2) BASIC CATEGORIES OF PHYSICAL FORCE 1. APPLIED FORCE 2. SPONTANEOUS ASSAULT

21 APPLICATION OF FORCE DEFINITION: THE USE OF PHYSICAL FORCE IS OF SUCH A NATURE AS TO ALLOW STAFF TO BECOME PREPARED AND FORCE IS OFFERED IN A CONTROLLED MANNER.

22 RULES FOR CONTROLLED FORCE 1. SHOULD BE PERSONALLY SUPERVISED BY WATCH CDR. 2. SUPERVISORS SHOULD AVOID PERSONAL INVOLVEMENT IN THE USE OF FORCE, UNLESS NO OTHER OPTIONS ARE AVAILABLE. 3. WHERE POSSIBLE SUPERVISORS WILL PREPARE A PLANNED STRATEGY FOR CONTROLLING THE INCIDENT. 4. IT IS THE SUPERVISOR S RESPONSIBILITY TO ORDER THE FORCE WHEN ALL OTHER ALTERNATIVES HAVE FAILED 5. REMOVE BYSTANDERS AND LOCK THEM DOWN 6. CALL FOR AVAILABLE BACKUP STAFF 7. ALLOW THE INMATE TO PEAK AND POSSIBLY CALM DOWN BEFORE ANY FORCE IS NECESSARY 8. EXHAUST ALL VERBAL OPTIONS

23 THERE ARE (7) LEVELS OF CONTROL 1.OFFICER PRESENCE 2.VERBAL DIRECTION 3.SOFT EMPTY HAND CONTROL 4.O.C. 5.HARD EMPTY HAND CONTROL 6.IMPACT WEAPONS 7.DEADLY FORCE

24 THERE ARE (6) LEVELS OF RESISTANCE 1. PSYCHOLOGICAL INTIMIDATION 2. VERBAL NON-COMPLIANCE 3. PASSIVE RESISTANCE 4. DEFENSIVE RESISTANCE 5. ACTIVE AGGRESSION 6. AGGRAVATED ACTIVE AGGRESSION

25 FORCED ESCORT/ EXTRACTION 1. NEVER ATTEMPT TO MOVE AN INMATE FROM THEIR CELL ALONE. 2. SECURE THE AREA, LOCK IT DOWN YOU WANT TO ISOLATE AND CONTAIN THE AGGRESSIVE INMATE. 3. SUMMON A SUPERVISOR TO THE SCENE IMMEDIATELY 4. THE SUPERVISOR SHALL EXHAUST VERBAL INTERVENTION STRATEGIES BEFORE ORDERING THE INMATE S CELL ENTERED 5. VIDEO TAPE THE INCIDENT

26 DISTURBANCE / RIOT 1. GROUP DISTURBANCES MAY INCLUDE, BUT ARE NOT RESTRICTED TO, LOSS OF LIFE, HOSTAGE SITUATION, SERIOUS PHYSICAL INJURY AND PROPERTY DAMAGE. 2. CONTAIN INMATES ACTIONS, ACTIVATE THE EMERGENCY RESPONSE SYSTEM AND LOCK-DOWN THE FLOOR 3. AFTER LOCK DOWN HAS BEEN ACHIEVED THE WATCH COMMANDER SHOULD OBTAIN A STATUS REPORT OF THE TACTICAL SITUATION 4. IN THE EVENT OF A DISTURBANCE, THE HIGHEST-RANKING COMMANDER ON DUTY WILL ASSUME COMMAND AND NOTIFY THE JAILER.

27 ESCAPE AND ATTEMPTED ESCAPE 1. GIVE ORDERS TO CEASE AND DESIST 2. IN THE EVENT OF AN ESCAPE FOLLOW THE ESCAPE PLAN 3. ALL DEPUTIES SHALL USE ALL MEANS AVAILABLE (I.E. RESTRAINTS, SHOW OF FORCE, ETC..) OTHER THEN FIREARMS TO PREVENT AN ESCAPE. 4. IF VERBAL COMMANDS ARE OBEYED, SECURE INMATES BY 5. WHATEVER MEANS AVAILABLE. 6. IF VERBAL COMMANDS FAIL OR ARE IMPRACTICAL, STAFF WILL EMPLOY ONLY THAT FORCE WHICH IS NECESSARY TO PREVENT AN ESCAPE OR RECAPTURE AN INMATE

28 HOT PURSUIT DEADLY FORCE USED TO PREVENT AN ESCAPE OR RECAPTURE OF AN INMATE WHO HAS ESCAPED (INCLUDING HOT PURSUIT ) WILL BE USED ONLY UNDER THE FOLLOWING CONDITIONS: THE INMATE IS CHARGED WITH, CONVICTED OF OR SENTENCED ON A FELONY INVOLVING THE USE, OR THREATENED USE, OF PHYSICAL FORCE LIKELY TO CAUSE DEATH OR SERIOUS PHYSICAL INJURY THE DEPUTY USING THE DEADLY FORCE HAS PROBABLE CAUSE TO BELIEVE THE INMATE PRESENTS AN IMMEDIATE, SIGNIFICANT THREAT OF CAUSING DEATH OR SERIOUS PHYSICAL INJURY TO OTHERS AND THEREFORE, MUST BE APPREHENDED WITHOUT DELAY. DEADLY FORCE WILL NOT BE USED TO PREVENT ESCAPE BY, OR THE RECAPTURE OF, AN INMATE CHARGED WITH, OR SERVING TIME ON, A MISDEMEANOR.

29 RULES FOR USE OF RESTRAINTS 1. UNDER NO CIRCUMSTANCES WILL RESTRAINTS BE USED AS PUNISHMENT. 2. UNAUTHORIZED RESTRAINTS ARE PROHIBITED. 3. THERE WILL BE NO DEVIATIONS OR IMPROVISATION REGARDING RESTRAINT APPLICATION. RESTRAINTS WILL BE APPLIED IN THE APPROPRIATE MANNER. 4. INMATES WILL NOT BE LEFT UNSUPERVISED IN RESTRAINTS BEYOND THE SPECIFIED OBSERVATION PERIOD.

30 RESTRAINT RULES CON T 5. ALL INMATES WHO ARE RESTRAINED DURING A PHYSICAL CONFRONTATION WILL BE HANDCUFFED BEHIND THEIR BACKS AND THE HANDCUFFS DOUBLE-LOCKED. 6. WHEN INMATES ARE BEING SUPERVISED OUTSIDE A FACILITY, HANDCUFFS AND LEG RESTRAINTS WILL BE USED. IF A MEDICAL PROCEDURE REQURES THE REMOVAL OF ANY RESTRAINTS, PRIOR AUTHORIZATION SHOULD BE OBTAINED FROM COMMAND STAFF. 7. INMATES BEING TRANSPORTED WHO ARE AN ESCAPE RISK OR COMBATIVE WILL BE RESTRAINED BY SECURITY RESTRAINTS WITH THE RESTRAINTS BEING DOUBLE- LOCKED. 8. RESTRAINTS SHOULD BE MOVED WHEN THE INMATE IS PLACED IN A CELL OR OTHER SECURITY AREA. INMATES WILL REMAIN IN RESTRAINTS ONLY FOR: PREVENTION OF INJURY TO OTHERS OR SERIOUS PROPERTY DAMAGE AND PREVENTING AN INMATE FROM SELF-INFLICTED, SERIOUS, PHYSICAL INJURY.

31 THANK YOU, AND THANKS TO CHIEF BALLARD FOR STEPPING UP POWERPOINT IS AVAILABLE FOR DOWNLOAD AT