Police Department Policy

01-18 Use of Force Review Board (UFRB) (11-30-23)

Richmond PD

Policy Text
Page 1 of 7 – General Order 1-18 (11/20/2023 ) USE OF FORCE REVIEW BOARD (UFRB) RICHMOND POLICE DEPARTMENT GENERAL ORDER Subject: USE OF FORCE REVIEW BOARD (UFRB) Chapter 1 Number 18 # Pages 7 References: CALEA: 4.2.2 Related Orders:1 -5, 1-17, 7-21 Effective Date: 11/20/2023 Revised By: PD-132 Prv. Rev. Date: 04/16/2021 Chie f of Police : I. PURPOSE The purpose of this directive is to describe the functions and composition of the Use of Force Review Board (UFRB), an internal panel designed to advise the Chief of Police. II. SUMMARY OF CHANGE This policy has revisions to create an a venue for members of the Use of Force Review Board to direct concerns regarding an officer’s conduct in a use of force incident directly to the Chief of Police and permits the Chief of Police to refer the incident back to the affected service area supervis or or IAD for further investigation. It further clarifies the Use of Force Review Board only makes recommendations for “in policy” or “out of policy” findings; the ultimate decision rests with the Chief of Police. It clarifies the appropriate chain of revi ew of Use of Force case disposition packets after review by the Use of Force Review Board. All changes will be in bold and italicized text. III. POLICY It is the policy of the Richmond Police Department (RPD) that all employees maintain the highest degree of both professional and personal conduct and integrity toward citizens and Department members in performing their duties and responsibilities. The UFRB was established to advise the Chief of Police if the use of force was within or outside of the Richmond P olice Department’s Use of Force Policy (General Order 1-5). The UFRB may convene to hear all alleged complaints of excessive use of force against Department members and review Use of Force Reports (PD -35). The protection of human life is our highest prior ity. All members of the Department will respect the constitutional rights of each individual. All RPD members may be subject to serve on a review board. [CALEA 4.2.2 ] IV. ACCOUNTABILITY STATEMENT All employees are expected to fully comply with the guideli nes and timelines set forth in this General Order. Responsibility rests with the Division Commander to ensure that any violations of policy are investigated and appropriate training, counseling and/or dis ciplinary action is initiated. Page 2 of 7 – General Order 1-18 (11/20/2023 ) USE OF FORCE REVIEW BOARD (UFRB) This directive is fo r internal use only, and does not enlarge an employee’s civil liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violation of this directive , if proven, can only form the basis of a complaint by this department, and then only in a non -judicial administrative setting. V. PROCEDURE A. General Information: [CALEA 4.2.2 ] 1. The UFRB shall review incidents of uses of force , as directed by the C hief of Police or designee , in which a Use of Force Report (PD -35) was required to be completed per General Order 1-5, Use of Force . Excessive force complaints that are investigated by the Internal Affairs Division (IAD) may be forwarded to the UFRB at th e discretion of the Chief of Police . All O.C. Spray Cases will be reviewed by the UFRB as of June 1, 2020 . All cases involving the deployment of an OC fogger shall be heard by the UFRB. 2. No member of any UFRB shall disclose to any person the matters or ind ividuals discussed or the advice given by such Board , except with the expressed written permission of the Chief of Police or designee . 3. When so charged by the Chief of Police, the UFRB is empowered to conduct reviews of any and all types of employee -involve d use of force incidents, including all incidents where an officer discharges a service weapon (except during firearms training or sanctioned firearm competitions). The UFRB will not review any use of f orce incident that is being investigated by IAD until the investigation is complete. 4. The role of the UFRB is to decide whether the force used in the incident under review was in accordance with the guidelines of the Richmond Police Department’s General Orders and Code of Conduct Policy, (henceforth referred to as, “In Policy”), or when outside of the guidelines (henceforth referred to as, “Out of Policy ”). The following questions must be answered when an incident is under review: a) Was the use of force within or outside of the Richmond Police Department’s Use of Force Policy (General Order 1-5) and /or other directives? b) Were lesser force alternatives reasonably available? c) Were proper tactics employed per policy and training? d) Did the incident indicate a need for change(s) to the Department ’s written directives, p olicies or training procedures? Page 3 of 7 – General Order 1-18 (11/20/

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