g10_useofforce

Procedure Number: G10 Issued: 07/04 Revised: 12/19 1 USE OF FORCE AUTHORITY Title 15 Regulations: Section 1357 Use of Force Section 1358 Use of Physical Restraints Section 1362 Reporting of Incidents California Penal Code (PC): Section 298.1 Section 830.5 Section 832 Section 3407(a) Section 6030(f) Section 22820 California Welfare and Institutions Code (WIC): Section 222 Related JDF Procedures: B5 Special Incident Report G5 Grievances G11 Physical and Mechanical Restraint G20 Pregnant Female Youth L3 Medical and Dental Procedures L6 Mental Health/Crisis Services Related Probation Officer Procedures: F2 Use of Force G11 DNA Testing Related Probation Department Policy: IV10 Employee Conduct DEFINITION S “Use of force” is defined as an immediate means of overcoming resistance and controlling the threat of imminent harm to self or others. “Reasonable and necessary force” refers to the amount and type of force that an objective, similarly trained, experienced, and competent officer, faced with similar facts and circumstances, would consider necessary and reasonable to ensure the safety and security of the youth, staff, others, and the facility. OVERVIEW The El Dorado County Probation Department has established guidelines for the use of force involving youth detained in Juvenile Dete ntion Facilities (JDF). In the JDF “use of force” is manifest ed as the application of physical techniques or tactics, chemical agents or weapons to a human. It is not a use of force when a youth is searched, escorted, or handcuffed. An officer shall avoid the use of force whenever possible and only utilize force to the extent necessary to ensure the safety and security of the youth, staff, others, and the facility, and that appears reasonable and necessary to overcome the resistance of the youth based on the totality of circumstances presented to the officer at the moment the force is applied. Force is never to be used for Procedure Number: G10 2 punishment, retaliation, treatment, or discipline. TRAINING AND AUTHORITY Officers authorized to use force must: ● Be an El Dorado County Probation Department employee with Peace Officer authority pursuant to Section 830.5 PC . ● Be on duty and authorized through the chain of command to use force. ● Successfully complete a department approved Management of Assaultive Behavior , Defensive Tactics, or Weaponless Defense course. (These trainings shall include: known medical conditions that would contraindicate certain types of force; methods of application; signs or symptoms that should result in immediate referral to medical or behavioral health; requirements for the decontamination of chemical agents, if such agents are utilized and appropriate response if ineffective ; Constitutional Limitations of use of force ; and physical training force options that may require the use of perishable skills .) ● Complete all initial and recertification requirements of the above courses. ● Read and sign the acknowledgement of the department’s policies and procedures on use of force and chemical agents. SAFETY CONSIDERATIONS In the JDF, the department must provide for the safety and security of youth, staff, and visitors, and prevent the destruction of county property. Use of force is authorized: ● In self -defense or defense of another. ● To prevent the escape of a youth. ● To move a youth from one location to another. ● To protect a youth from self -inflicted injuries or suicide. ● To prevent damage to county property. This procedure does not prohibit officers from using any lawful means of self -defense when faced with a risk of great bodily injury or a life -threatening situation. THE OBJECTIVE REASONABLENESS STANDARD Any use of force will be evaluated under the “objective reasonableness standard,” taking into consideration the totality of circumstances known to the officer at the time the incident occurs, without benefit of “ 20/20 hindsight.” This standard considers the amount and type of force that an objective, similarly trained, experienced and competent youth supervision officer, faced with similar facts and circumstances, would consider necessary and reasonable to ensure the safety and security of youth, staff, others, and the facility. Any evaluation of reasonableness must consider that an officer must often make split second decisions about the amount and type of force that appears reasonable and necessary in a particular situation, sometimes with limited information and in circumstances that are tense, uncertain and rapidly evolving. Further, the “objective reasonableness standard” is used to determine whether an officer acted reasonably, not whether an off icer had less intrusive alternatives available (Graham v. Connor). Procedure Number: G10 3 CONSIDERATIONS FOR THE USE OF FORCE AND RESTRAINT When a youth’s behavior dictates a use of force or restraint may be necessary, officers shall notify and request that a shift supervis or, Supervisor, or Superintendent respond to the location of the out of control youth. Absent imminent danger to themselves or others, officers must contain the youth until the shift supervisor, Supervisor, or Manager arrives to approve the use of force or restraint. FACTORS USED TO DETERMINE REASONABLENESS When determining whether to use force, or when evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These f actors include, but are not limited to: ● Prior contact with the youth or awareness of any propensity for violence. ● The conduct of the youth, as reasonably perceived by the officer at the time. ● The immediacy and severity of the threat