Police Department Policy

Proposed AB 481 Equipment Use Policy FINAL 414

Costa Mesa PD

Policy Text
Copyright Lexipol, LLC 2022/02/09, All Rights Reserved. Published with permission by Costa Mesa Police AB 481 Equipment - 1 Costa Mesa Police Department Costa Mesa PD Policy Manual Assembly Bill (AB) 481 Equipment Use Policy 706.1 PURPOSE AND SCOPE This policy provides guidelines to comply with State law for the approval, acquisition, and reporting requirements of specific equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 706.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Department. Specified equipment – Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (M RAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two- and-one-half- ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs , and breaching apparatuses that are explosive in nature. This does not include a handheld, one- person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard- issue shotguns and standard -issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms and ammunition. • Any firearm or firearm accessory that is desi gned to launch explosive projectiles. • “Flashbang ” grenades and explosive breaching tools . • Munitions containing , “tear gas ,” and pepper balls, excluding standard, service -issued handheld pepper spray. Policy 706 Copyright Lexipol, LLC 2022/02/09, All Rights Reserved. Published with permission by Costa Mesa Police AB 481 Equipment - 2 • TASER® Shockwave, microwave weapons, water cannons, and long -range acoustic devices (LRADs). • 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons . • Any other equipment as determined by a governing body or a state agency to require additional oversight. 706.2 POLICY It is the policy of the Costa Mesa Police Department that members of this department comply with the provisions of Government Code § 7071. 706.3 AB 481 EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the coordinator of all equipment mandated by State law to be approved under this policy . The responsibilities of the coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as AB 481 equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all AB 481 equipment at least annually. (d) Collaborating with any allied agency that may use AB 481 equipment within the jurisdiction of Costa Mesa Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement m eeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. (f) Preparing the annual AB 481 equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond. 706.4 AB 481 EQUIPMENT CONSIDERATIONS (a) The AB 481 equipment acquired and authorized by the Department is: 1. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. Copyright Lexipol, LLC 2022/02/09, All Rights Reserved. Published with permission by Costa Mesa Police AB 481 Equipment - 3 2. Reasonably cost -effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (b) AB 481 equipment shall be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed unless exigent circumstances arise. 706.5 AB 481 EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department : See attached: AB 481 Equipment Inventory .pdf 706.6 APPROVAL The Chief of Police or the authorized designee shall obtain approval

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