Police Department Policy

doc_1063700

Santa Ana PD

Policy Text
Policy 301Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2022/07/20, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Use of Force Review Boards - 1Use of Force Review Boards 301.1 PURPOSE AND SCOPE This policy establishes a process for the Santa Ana Police Department to review the use of force by its employees. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force. The Santa Ana Police Department is charged with the responsibility of objectively evaluating the use of deadly force and other actions by its members that lead to death. This policy establishes a process for the Santa Ana Police Department to review actions by its employees that result in death to any individual, or incidents that have the potential for significant civil or criminal liability. The intention of this policy is to identify areas where organizational improvements can be made and to better prepare and equip employees to respond to the challenging circumstances they face in their duties through improved tactics, training, policies and equipment. 301.2 POLICY The Santa Ana Police Department will objectively evaluate the use of force and other actions by its members to ensure their authority is used lawfully, appropriately and is consistent with training and policy. The Department will convene either the Use of Force Review Board or a Critical Incident Review Team (CIRT) whenever: (a)Deadly force is used (b)The actions of any employee(s) results in death to any person; or (c)The actions of any employee(s) results in substantial property damage 301.3 REMOVAL FROM LINE DUTY ASSIGNMENT When an employee's actions or use of force in an official capacity, or while using department equipment, results in death to another, that employee, at the discretion of the Chief of Police may be placed in a temporary administrative assignment pending an administrative review. 301.4 CRITICAL INCIDENT REVIEW TEAM The Chief of Police, or his/her designee, may convene a CIRT to review any significant incident with potential for liability or in which a review would benefit the Department. The CIRT should generally be convened as soon as practicable after the incident to ensure organizational, policy, training or equipment issues are identified and resolved in a timely manner. 301.4.1 COMPOSITION OF THE REVIEW TEAM The Administration Bureau Commander is responsible for selecting personnel to serve on a CIRT. At a minimum, a CIRT should consist of the following: Santa Ana Police Department Santa Ana PD Policy Manual Use of Force Review Boards Copyright Lexipol, LLC 2022/07/20, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Use of Force Review Boards - 2•The Incident Commander of the event being reviewed •A Field Supervisor from the incident •A peer supervisor •The Training Sergeant •Department instructors with expertise relevant to the incident being reviewed •Any other person who the Administration Bureau Commander believes could provide additional perspective regarding the incident being reviewed The Administration Bureau Commander will serve as the CIRT chair. 301.5 USE OF FORCE REVIEW BOARD The Use of Force Review Board will be convened when the use of force by a member results in death to another. The Use of Force Review Board will also review the circumstances surrounding every discharge of a firearm, whether the employee was on- or off-duty, excluding training or recreational use. The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident. The Training Division Commander will convene the Use of Force Review Board at the direction of the Chief of Police. It will be the responsibility of the Internal Affairs Commander to notify the Training Division Commander of any incidents requiring board review. The Internal Affairs Commander or supervisor will also ensure all relevant reports, documents and materials are available for consideration and review by the board. 301.5.1 COMPOSITION OF THE BOARD The Administration Bureau Commander should select five Use of Force Review Board members from the following, as appropriate: •Representatives of each bureau •Training Commander •A peer officer •Department instructor for the type of weapon, device or technique used •Any other person who the Administration Bureau Commander believes could provide additional perspective regarding the incident being reviewed The Training Commander will serve as chairperson. 301.5.2 RESPONSIBILITIES OF THE BOARD The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. Santa Ana Police Department Santa Ana PD Policy Manual Use of Force Review Boards Copyright Lexipol, LLC 2022/07/20, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Use of Force Review Boards - 3The board members may request further investigation, request reports be submitted for the board's review, and call persons to present information. The board does not have the authority to recommend discipline. The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges, the decision not to file criminal charges or any other action. The board should be provided all relevant available material from these proceedings for its consideration. The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question

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