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BATONS D-220 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BATONS / IMPACT WEAPONS FILE: BATONS NO: D-220 EFFECTIVE DATE: 11-04-91 REVISED: 12-25-94, 02-01-98, 07-01-98, 09-01-98 07-01-99, 02-01-02, 08-01-08, 07-20-22 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff S. McComas REFERENCE: California Code of Regulations, Title 15 Sections 1020 and 1029. Penal Code Sections 831.5(f) and 836.5(b); Government Code Section 7286; and Fresno County Sheriff's Office Policy and Procedure Section 300 (Use of Force). PURPOSE: The purpose of this policy is to provide guidelines for the training, carrying, and use of batons and other impact weapons. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that only authorized impact weapons approved and issued by the Sheriff's Office shall be carried and used by officers who have successfully completed mandated training provided by the Sheriffs Training Unit. Batons are generally used as impact weapons and their usage falls under the parameters of the Use of Force policy. The use of a baton as an impact weapon is considered a use of force, and must conform to the methods, tactics, policies and procedures adopted by the Sheriff's Office. Any use of force must be objectively reasonable, necessary, and proportional. PROCEDURES: I. DEFINITIONS AND TERMS BATON: any of various department-authorized impact weapons, including expandable batons and the wooden riot baton. IMPACT WEAPON: for the purpose of this policy, an impact weapon is any item used to gain control of an individual by striking. IMPROVISED WEAPON: any object, other than those approved and trained by the Sheriff's Office, used in a force application. PRIMARY TARGET AREAS: large muscle mass areas of the body are considered primary target areas due to the low potential for injury. Page 1 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BATONS / IMPACT WEAPONS FILE: BATONS NO: D-220 SECONDARY TARGET AREAS: areas of the body where a baton technique is directed at either a joint or an area in close proximity to a vital area of the body, and therefore the risk of injury increases. VITAL AREAS OF THE BODY: the head, neck/throat, sternum, spine, kidneys and groin. Baton techniques directed at these areas pose a substantially greater risk of injury to the individual. Injury tends to range from serious to long- lasting and may include unconsciousness, serious bodily injury, shock, or death. Strikes to these areas will be viewed as the application of deadly force and can only be justified in deadly force situations. II. TRAINING IN THE USE OF THE BATONS A. Only those correctional officers who have completed a certified Baton Training course of instruction approved by the Fresno County Sheriffs Office and taught by approved instructors, shall carry and/or use an expandable baton furnished by the Fresno County Sheriffs Office. 1. Officers shall complete an initial four (4) hour training course on the proper use of an expandable baton before carrying or using one on- d uty. 2. Officers will receive refresher training every two (2) years by a certified instructor or trainer. B. Correctional officers shall attend an approved instructional course prior to use of the wooden 42-inch riot baton. III. STORAGE AND ISSUANCE OF THE BATONS A. An expandable baton is issued to each officer as part of their duty gear. 1. It is mandatory that all officers and Sergeants wear their batons while on duty and in uniform. 2. Sergeants and officers assigned to specialty units shall wear their batons at the discretion of their supervising Lieutenant. 3. The expandable batons are part of the issued equipment and are not to be utilized for personal use. Unless needed for training, under no circumstance is an officer to take a baton out of the building when they go off-duty, without explicit permission from a Watch Commander or other Lieutenant. Page 2 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BATONS / IMPACT WEAPONS FILE: BATONS NO: D-220 4. Batons shall not be modified or altered in any manner. B. The wooden 42-inch riot batons are stored in the North Annex Jail armory. C. The wooden 42-inch riot batons shall be utilized as determined by the SERT Commander, a Bureau Commander, or the on-duty Watch Commander. IV. USE OF THE BATON A. Batons may be used for defensive and control purposes in accordance with policy and training (e.g., blocking, jabbing, to apply control holds, passive/active escort techniques, etc.). The decision to draw, exhibit or use a baton must be based on the tactical situation. The goal shall be to ultimately control the inmate. B. In non-deadly situations, baton strikes are to be directed at areas other than vital areas of the body. When an officer is faced with a deadly threat, any target area or technique is considered reasonable. [Refer to Addendum A for strike zones.] C. Officers should use reasonable caution prior to striking inmates who are physically engaged with other officers or not isolated from bystanders. D. Once the individual has been immobilized and is no longer perceived as a threat by the officer, no further strikes are to be deployed. V. VERBAL COMMANDS Verbal commands before, during, and after the use of an impact weapon are important in order to de-escalate any situation and gain compliance and control of an actively resisting individual. A. When using an impact weapon, an officer shall, if feasible: 1. Announce a warning to the inmate of the intent to use the impact weapon if the inmate does not comply with officer's commands. 2. Give the inmate a reasonable opportunity to voluntarily comply. B. It is not necessary to provide a verbal warning if it would pose a risk to any individual (including the officer)or permit the inmate to undermine the use of the impact weapon. Page 3 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BATONS / IMPACT WEAPONS FILE: BATONS NO: D-220 VI. RESTRICTED USES A. The following acts and techniques are prohibited when using non-deadly force: 1. In any manner or condition inconsistent with established policy or training. 2. As a choke hold, carotid control hold, or other neck restraint (including a "come-along" hold to the neck area). 3. Intentional strikes with the baton to any vital area. Officers shall not target vital areas except in exigent/deadly force circumstances. B. The baton shall NEVER be used in the following manner- 1. As an impact weapon to strike passive resistors. 2. To intimidate an individual, such as slapping the palm of the hand with the impact weapon where neither the use of an impact weapon or impact weapon warning is appropriate. 3. As an impact weapon on an individual who is handcuffed, under control, complying with direction, or poses no threat. 4. As punishment. VI I. IMPROVISED IMPACT WEAPONS A. Officers may resort to the use of other objects as impact weapons (such as a flashlight, clipboard, or radio) in response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of the improvised device or method must be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. B. The use of any improvised impact weapon against an inmate shall be considered a reportable use of force. The officer must clearly articulate a compelling need and reason to use the object as an impact weapon. Vill. RESPONSIBILITIES WHEN USING FORCE A. Officers shall utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible. Page 4 of 5 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BATONS / IMPACT WEAPONS FILE: BATONS NO: D-220 B. Officers may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance. C. Officers shall intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by the individual. D. Officers shall immediately report potential excessive force to a supervisor when present and observing another officer using force that the officer believes to be beyond that which is necessary. IX. REPORTING REQUIREMENTS A. Batons are classified as impact weapons. The use of a baton in an impact capacity constitutes the use of non-deadly force (unless used with deadly force), and must be reported. Each officer using a baton in an impact capacity shall- 1. Obtain a medical assessment for any individual struck with an impact weapon as soon as practical. Ensure that photographs are taken of all visible wounds or bruises, along with any areas the inmate is claiming to be injured. 2. Promptly notify the Facility Sergeant unless exigent circumstances delay the notification. 3. Document the use of force in an incident report. Attach all photographs to the report and submit prior to going off-duty. B. The use of a baton in passive or low-level resistance situations, when utilized in a control type configuration or compliance technique, is NOT required to be reported. Page 5 of 5