Police Department Policy

0509-conducted-energy-device-final-10.22.24

Santa Clara Sheriff

Policy Text
Copyright Lexipol, LLC 2024/10/21, All Rights Reserved. Published with permission by Santa Clara County Sheriff's Office Conducted Energy Device - 1 Policy 509 Santa Clara County Sheriff's Office Custody Manual Conducted Energy Device 509.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance and direction on the use of Conducted Energy Devices (CED). 509.1.1 DEFINITIONS Conducted Energy Device - The CED is a control device which discharges probes that when they attach to an individual are delivered to an individual resulting in neuro-muscular incapacitation. 509. 2 POLICY The CED is a less-lethal control device intended to control a violent or potentially violent individual while minimizing the risk of serious injury. CEDs shall only be used when objectively reasonable to effectively bring an incident under control while protecting the safety of the staff, the incarcerated person, and others, consistent with the Office's Use of Force Policies. 509.3 RELATIONSHIP TO OTHER POLICIES The following policies are relevant to the use of force involving a CED. De-escalation: When faced with a situation that has the potential for a person to be non- compliant, resistant, or assaultive, deputies shall use De-escalation Techniques and Tactics in an effort to eliminate the need for force consistent with the Sheriff's Office De- escalation Policy. Use of Force: Custody Bureau staff are required to use force that reasonable, necessary, and proportional as provided in the Use of Force policy. Use of Firearm : Custody Bureau deputies that are authorized to carry a firearm and use a firearm are governed by the Sheriff's Office Use of Firearms General Order. Investigating, Reporting, and Review of Force: All reportable Force shall be investigated, documented, and reviewed consistent with the Sheriff's Office Use of Force Investigations, Reporting, and Review policy. Body Worn Cameras : Use of force events shall be recorded consistent with the Sheriff's Office Body Worn Camera System General Order. 509.4 ISSUANCE AND CARRYING CEDS Only staff members who have successfully completed office -appr oved training may be issued and may carry the CED. The CED shall be considered a required accessory for all staff when in department uniform after the staff member has completed training and the CED has been issued. 509. 4.1 USER RESPONSIBILITIES Staff members shall be responsible for ensuring that the CED is properly maintained and in good working order. This includes a function test and battery life monitoring, as required by the manufacturer, and should be completed at the beginning of the staff member's shift. Docusign Envelope ID: 5934CD92-60A3-47CC-B78C-5978A32BEA08 Copyright Lexipol, LLC 2024/10/21, All Rights Reserved. Published with permission by Santa Clara County Sheriff's Office Conducted Energy Device - 2 Santa Clara County Sheriff's Office Custody Manual Conducted Energy Device Staff members shall only use the CED, cartridge bay, and probes issued by the Office. Probes should not be used after the manufacturer's expiration date. CEDs that are damaged or inoperative, or cartridge bays and that are expired or damaged, shall be returned to the Training and Professional Development Division for disposition. Staff members shall submit documentation stating the reason for the return and how the CED or cartridge/magazine was damaged or became inoperative, if known. Staff members who have been issued the CED shall wear the device in an approved holster. Staff members shall carry the CED in a support- side holster in the side opposite their duty weapon (Penal Code § 13660), if any, and shall not utilize a cross -draw. Staff members shall utilize a support side draw of the CED, except in circumstances where the support hand is unavailable due to physical factors, such as injury or other dynamics of the incident that prevent the use of the support hand. All CEDs shall be clearly distinguishable to differentiate them from the duty weapon and any other device. Staff, in gun bearer positions, shall not hold both a firearm and the CED at the same time unless deadly force is authorized. Staff members who are authorized gun bearers are authorized to wear the CED outside of the facility but, when storing the CED, must do so in a secure location. When leaving the CED in an unattended vehicle, staff members shall lock the CED in the vehicle's trunk, lock the CED in a locked container and place the container out of plain view. 509. 5 USE, APPLICATION, AND SPECIAL DEPLOYMENT INSTRUCTIONS FOR THE CED The use, application, and special deployment circumstance of the CED is governed by Policy 511 Use of Force. 509.6 PREGNANT INCARCERATED PERSONS Application of the CED shall not be used on a person who is known to be pregnant (Penal Code § 4023. 8). 509.7 EVIDENCE PRESERVATION The expended cartridge, along with any probes and wire, should be submitted into evidence. The evidence packaging should be

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