Policy Text
2.176. Military Equipment Use Policy
PURPOSE
This policy provides the San Bernardino County Sheriff's Department's
(Department) "military equipment” use, acquisition, cataloging, and
reporting procedures. (Gov. Code, § 7070 et seq.; Assem. Bill No. 481
(2021-2022 Reg. Sess.).)
MILITARY EQUIPMENT DEFINITION
The Department incorporates herein and in all documents related to
this policy the definition of "military equipment" found in Government
Code section 7070, subdivision (c).
ANNUAL MILITARY EQUIPMENT REPORT
The Department will provide an Annual Military Equipment Report to
the San Bernardino County Board of Supervisors (Board of Supervisors).
The report may include written and/or oral components.
Any substantive written portion of the report will be available on the
Department's public website (https://wp.sbcounty.gov/sheriff/).
The report will address:
a. Inventory: A description of the military equipment the
Department had in use for the preceding calendar year, to
include:
1.
2.
3.
4.
The quantity, type, lifespan, and authorized use
(purpose) of each piece of military equipment in the
Department's possession;
An explanation of the equipment's capabilities;
A description of how the military equipment was used
during the previous year; and
The total annual cost for each type of military
equipment, including acquisition, training,
b.
C.
transportation, storage, maintenance, upgrade, and
other ongoing costs.
Acquisitions: A description of the military equipment the
Department seeks the Board of Supervisors' acquisition
approval on for the following calendar year, with an
explanation about the source of funds for that equipment.
Confirmed non-compliance: Any instances of confirmed
non-compliance with the Department's military equipment
use policy.
As to its then-current inventory and any sought-after acquisitions, the
Department will describe how the military equipment is:
a. Necessary, because no reasonable alternatives to the
equipment are available to achieve the same level of
officer and civilian safety; and
b.
Reasonably cost-effective when compared to available
alternatives that can achieve the same level of officer and
civilian safety.
The Department will hold at least one well-publicized and
conveniently located community engagement meeting where the
public may discuss and ask questions about the Department's Annual
Military Equipment Report and its funding, acquisition, and use of the
described military equipment. The meeting will be held within 30 days
of the Department's public release of its Annual Military Equipment
Report.
(Gov. Code, §§ 7070, subd. (d); 7072, subds. (a)-(b).)
MILITARY EQUIPMENT USE
The Department's military equipment use will comply with the
"authorized use" descriptions provided for all military equipment listed
in the Department's Annual Military Equipment Report. The use will
further comply with all applicable laws (e.g., Graham v. Connor (1989)
490 U.S. 386 and Penal Code section 835a [use of reasonable force]
and Vehicle Code section 21000 et seq. [operation of vehicles]) and
all pertinent Department policies including, but not limited to:
1.438. Firearms Training Center (Range);
1.606. The Law Enforcement Code of Ethics;
1.614. Interaction with the Public;
1.656.10 Maintaining a Valid Driver's License;
1.678.15 Duty to Report Misconduct;
1.678.20 Member's Duty to Intercede;
1.807. Role of the Department Member;
1.812. Commitment to Community Relations Training;
2.636. Department Vehicles;
2.268.20 Use of Force Training: Subject Matters;
2.268.30 Use of Force Training: Failure to Qualify;
2.632. Special Weapons Defined;
3.102. Safe, Legal Driving of Department Vehicles;
3.124. Code Three Vehicle Operations;
3.146.10 Racial and Identification Profiling Act (RIPA);
3.146.30 Definitions Related to Bias;
3.234.20 SWAT Small Unmanned Aviation Systems (sUAS);
3.604. Use of Reasonable Force: Defined;
3.606. Factors Determining Reasonable Force;
3.606.10 De-Escalation;
3.610. Reporting the Use of Force;
3.610.30 Show of Force;
3.610.50 Self-Defense or Defense of Others;
3.624. Use of Chemical Agents;
3.624.10 Special Use Chemical Agents;
3.625. Pneumatic Launchers;
3.625.10 Pneumatic Launchers: Operational Use;
3.625.15 Pneumatic Launchers: Approved Munitions;
3.628 Less Lethal Force;
3.628.10 Less Lethal Weapons Systems: Preparation for Use;
3.628.15 Less Lethal Weapons Systems: Restrictions in Use;
3.628.20 Less Lethal Force: Medical Treatment;
3.628.25 Less Lethal Force: Required Training;
3.628.30 Reporting the Use of Less Lethal Force;
3.640. Lethal Force Encounters (LFE): Defined; and
3.640.10-3.640.90 Use of Lethal Force (LFE) Policies.
Department employees with control of military equipment have
completed or will complete appropriate internal and external training
in the equipment's safe and proper use that is:
a.
b.
Consistent with the above and similar Department policies,
including the Department's policies 1.114. through 1.128.
on Member Development, In-Service Training, Specialized
Training