Policy Text
Copyright Lexipol, LLC 2024/10/21, All Rights
Reserved. Published with permission by Santa Clara
County Sheriff's Office Use of Force Reporting, Investigation, and
Review - 1 Policy
514 Santa Clara County Sheriff's Office
Custody Manual
Use of Force Reporting, Investigation, and
Review
514.1 PURPOSE AND SCOPE
The purpose of this policy is to establish requirements for Custody Bureau investigation,
documentation, and review of use of force events. This policy applies to all Office of the Sheriff
staff.
514.
1.1 DEFINITIONS
For the purposes of this policy, the following terms are defined as follows:
Appropriate Force - Force that is objectively reasonable, necessary, proportional and consistent
with Policy 511 - Use of Force.
Deadly Force - Any use of force that creates a substantial risk of causing death or serious bodily
injury. Deadly force includes, but is not limited to, the discharge of a firearm.
De-escalation - The process of using strategies and techniques intended to decrease the intensity
of the situation. The goal of De -escalation is to gain the voluntary compliance of the person and
thereby reduce or eliminate the need to use physical force.
De Minimis Force - De Minimis Force is a physical interaction meant to separate, guide, and/
or control the person in a manner that does not cause more than momentary discomfort, and is
not reasonably likely to cause any pain, including: control holds or joint manipulation techniques
without pain, hands or equipment used to stop, push back, s eparate, guide, or escort a person,
handcuffing, holding or displaying a weapon without pointing it at a person, or displaying pepper spray.
Intermediate Force - Force that is more than De Minimis Force and less than Deadly Force. This
includes force that causes temporary pain, a complaint of temporary pain, or force likely to cause
injuries less than a Serious Bodily Injury. Intermediate Force includes the use of chemical agents,
control holds with pain, personal body weapons, impact weapons, and less lethal weapons.
Inappropriate Force - Force that is not objectively reasonable, necessary, or proportionate
consistent with Policy 511 - Use of Force.
Injury Categories - Injuries received because of a use of force will be categorized into one of
the following:
(a) No Injury - Temporary discomfort or disorientation that does not require medical
attention.
(b) Injury - Lasting physical pain or injury, or an impairment of physical condition greater
than transitory pain but less than serious bodily injury.
(c) Serious Bodily Injury - Bodily injury that creates a substantial risk of death,
unconsciousness, protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member or organ.
Docusign Envelope ID: 3BB21235-5E3E-448E-AC58-B1762572A067
Copyright Lexipol, LLC 2024/10/21, All Rights
Reserved. Published with permission by Santa Clara
County Sheriff's Office Use of Force Reporting, Investigation, and
Review - 2 Santa Clara County Sheriff's Office
Custody Manual
Use of Force Reporting, Investigation, and Review
Reportable Force - The following categories of force or circumstances as a result of the use of
force require mandatory reporting both verbally and in writing to a supervisor:
(a)T he use of Intermediate Force or Deadly Force.
(b)For ce that results in complaints of sustained pain or injury .
(c)Fo
rce that results in injury, Serious Bodily Injury, or death .
(d)A
n event that is designated by a supervisor as reportable.
The use of De Minimis Force is not required to be reported.
Use of Force Package - A completed use of force investigative package that includes reports,
videos, interviews, photographs, and other information relevant to the use of force.
Use of Force Review Committee ("UFRC") - A committee of at least three Sheriff's Office
executive staff or designee that reviews use of force packages for policy compliance and, where
indicated, makes recommendations regarding any training, operational changes, corrective action,
and/or refers the matter to investigation units for further review.
514.
2 POLICY
The Santa Clara County Sheriff's Office recognizes the magnitude of the responsibility that comes
with the constitutional authority to use force. This responsibility includes maintaining vigorous
and transparent oversight systems to ensure accountability to the community and maintain their trust. In order to ensure transparency and accountability, staff must clearly and reliably report and
thoroughly document each time they use force , and supervisors must clearly and reliably document
the steps they have taken to investigate and review the actions of staff and any additional steps
taken or recommendations for further review and action.
514.3 COORDINATION WITH OTHER INVESTIGATING UNITS
If the force event (1) involves a death; or (2) possibly involves serious staff misconduct or a criminal
act committed by staff; or (3) criminal act committed by an incarcerated person, or any non- staff
person, the supervisor shall notify the Watch Commander (or higher -ranking supervisor, if no Watch
Commander is available).
The Watch Commander will notify the Division