LESS-LETHAL D-227. FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: LESS-LETHAL IMPACT PROJECTILES NO: D-227
FILE: LESS-LETHAL
EFFECTIVE DATE: 06-01-97 REVISED: 11-01-99, 03-01-03, 06-01-08
AUTHORITY: Sheriff M. Mims APPROVED BY: Captain J. Flores
REFERENCE: Penal Code Sections 831.5(f), 835a, 836.5(b), 12600 and 12601;
Title 15, Section 1029(a)(7)(F); Departmental Policy and
Procedure Sections 206 and 300.
PURPOSE:
The purpose of this policy is to establish and maintain a legal, safe and consistent method
for the deployment of less-lethal impact projectiles.
POLICY:
It is the policy of the Fresno County Sheriffs Department Detention Bureau that use of
less-lethal impact projectiles shall only be utilized to encourage compliance, overcome
resistance, or prevent serious injury without posing a significant potential of causing
death. These projectiles should be considered whenever the use of less-lethal options
would assist in restoring order and/or reducing the risk of more serious injury.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that only those
staff members who have received Departmentally-approved training in the use of less-
lethal impact projectiles shall be authorized to deploy the projectiles.
PROCEDURES:
I. DEFINITIONS
LESS-LETHAL WEAPON: any device which is designed or has been
converted to expel or propel less-lethal ammunition for the purpose of
incapacitating, immobilizing, or stunning a human being through the infliction
of any less than lethal impairment of physical condition, function, or senses,
including physical pain or discomfort.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: LESS-LETHAL IMPACT PROJECTILES NO: D-227
FILE: LESS-LETHAL
LESS-LETHAL IMPACT PROJECTILES: those munitions which can be
fired, launched or otherwise propelled for the purpose of encouraging
compliance, overcoming resistance or preventing serious injury without
posing a significant potential of causing death. Examples of less-lethal
impact projectiles include 12 gauge "Accusox" rounds, 40mm rounds,
launchable wooden, foam or rubber batons, pepperballs, rubber pellets and
other like items.
II. PERSONS AUTHORIZED TO UTILIZE LESS-LETHAL PROJECTILES
A. Because of the specialized nature of the less-lethal impact projectiles
and the training required to properly deploy them, their use shall be
restricted to staff members properly trained in their use.
B. Staff members who have successfully completed a Departmentally-
approved training course in the proper use and deployment of less-
lethal impact projectiles shall be authorized to deploy the projectiles
during actual operations.
III. JUSTIFICATION FOR USE
A. The employment and use of less-lethal impact projectiles are decisive
actions that can assist in achieving the goal of protection of life and
property and/or the restoration of order. They should be considered
whenever the use of less-lethal options would assist in restoring order
and/or reducing the risk of more serious injury to inmates and/or staff.
B. Circumstances justifying the use of less-lethal impact projectiles shall
include, but not be limited to the following-
1. Barricaded inmate and/or hostage situations.
2. Circumstances wherein distraction of violent mentally deranged
persons or those under the influence of alcohol/drugs is believed
necessary in order to facilitate their compliance and overcome
their resistance.
3. Prevent escape.
4. Safely controlling violent persons.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: LESS-LETHAL IMPACT PROJECTILES NO: D-227
FILE: LESS-LETHAL
5. Forced cell extractions.
6. Restoration or maintenance of order during a jail disturbance.
IV. DEPLOYMENT
A. Before discharging less-lethal projectiles, the officer should consider the
following factors-
1. Severity of the crime or incident
2. Subject's capability to pose an immediate threat to the safety of
officers or others
3. Whether the subject is actively resisting
4. The credibility of the subject's threat as evaluated by the officers
present, and physical capacity/capability
5. The proximity of weapons available to the subject
6. The officer's versus the subject's physical factors (i.e., age, size,
relative strength, skill level, injury/exhaustion, the numberof officers
versus subjects, etc.)
7. The availability of other force options and their possible
effectiveness
8. Distance and angle to target
9. Type of munitions employed
10. Type and thickness of subject's clothing
11. The subject's actions dictate the need for an immediate response
and the use of less-lethal munitions appears appropriate
B. The need to immediately incapacitate the subject must be weighed
against the risk of causing serious injury or death. The most effective
shot placement will depend on the type of weapon being used. Shots
fired to the extremities, lower abdomen, and buttocks carry a low risk of
serious injury (with a low potential for immediate incapacitation).
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: LESS-LETHAL IMPACT PROJECTILES NO: D-227
FILE: LESS-LETHAL
C. Officers shall keep in mind the manufacturer's recommendations
regarding deployment when using less-lethal munitions, but are not
solely restricted to use according to these manufacturer
recommendations. Each tactical situation must be evaluated based on
the totality of circumstances at the time of deployment.
D. All persons struck with the less-lethal impact munitions shall be
inspected/treated for injury by qualified medical personnel and
photographs taken.
V. NOTIFICATION TO SUPERVISORS
A. Supervisory notification shall be made as soon as practical following any
application of a less-lethal weapon.
B. An officer observing any use of force who believes that such force is
unreasonable or excessive shall advise their supervisor.
VI. REVIEW PROCESS
A. A detailed report of the deployment of the less-lethal impact projectile
shall be completed by the individual who deployed the device. The
report shall include the following information-
1. The efforts and personnel utilized in the attempt to restore order
prior to the use of the less-lethal impact projectile.
2. The estimated distance between the officer deploying the device
and the inmate target when the device was deployed.
3. The specific type of ammunition utilized.
4. The apparent effects of the projectile.
5. Medical attention and assessment of the inmate after evaluation
by medical staff.
B. The SERT or Watch Commander shall review the use of less-lethal
impact projectiles as soon as practical following each incident or
operation to ensure the projectiles were used according to policy and
that the projectiles functioned properly.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: LESS-LETHAL IMPACT PROJECTILES NO: D-227
FILE: LESS-LETHAL
VI I. STORAGE AND HANDLING OF LESS-LETHAL MUNITIONS
A. Less-lethal weapons and munitions are stored in the following locations
throughout the Detention Bureau:
Locations omitted for security purposes.
B. Less-lethal munitions should be stored in their original container in
conformance with the manufacturer's recommendations.
1. Munitions which have been removed from their original container
shall be clearly and conspicuously identified as "less-lethal" to
prevent confusion with lethal munitions.
2. Under no circumstances shall less-lethal impact projectiles be
kept in a manner which might lead to confusing them with lethal
munitions.
C. Additional projectiles may be stored in the SERT equipment lockers for
issue and use when appropriate.
D. Under no circumstances shall any person be authorized to tamper with
or alter in any manner, any less-lethal impact projectiles.
E. Misfires and duds shall be recovered, rendered safe,and removed from
service. Appropriate notifications shall be made and munitions which
have malfunctioned or are damaged shall be forwarded to the
Rangemaster for proper disposal.
F. Upon receiving any munitions, the person actually employing them is
ultimately responsible for insuring that these munitions are"less-lethal"
and used in accordance with this policy.
G. Projectiles shall only be removed and utilized in conjunction with this
policy. Inventory, serviceability, and tracking shall be the responsibility
of a designated SERT member.
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