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OC-SPRAY D-228 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: USE OF CHEMICAL AGENTS NO: D-228 FILE: OC-SPRAY EFFECTIVE DATE: 10-13-97 REVISED: 02-01-98, 05-01-98, 07-01-98, 09-01-99, 11-01-99, 04-01-00, 05-01-01, 02-01-02, 08-01-09, 02-01-21, 01-02-23 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff S. McComas REFERENCE: California Code of Regulations, Title 15, Section 1029; Penal Code Sections 831.5(f), 4023.8 and 22825; Headwaters Forest Defense v. Humboldt County, 276 F.3d 1125 (9t" Cir. 2002); and Fresno County Sheriff's Office policies 300 and 303. PURPOSE: The purpose of this policy is to establish and maintain a safe and legal procedure for the use and application of chemical agents upon incarcerated people who are in custody. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division that officers are authorized to utilize a chemical agent in order to control incarcerated people who are violent or who demonstrate the intent to be violent. It is the policy of the Fresno County Sheriff's Office Jail Division that only those officers who have been trained and certified in approved training sessions in the use of chemical agents shall be authorized to deploy chemical agents during actual operations. It is the policy of the Fresno County Sheriff's Office Jail Division that nothing in this policy is intended to supersede Sheriff's Office policy sections 300/Use of Force or 303/Control Devices and Techniques. PROCEDURES: I. JUSTIFICATION FOR USE A. Custody staff may utilize Oleoresin Capsicum (OC) chemical agents to control, restrain, or subdue imminent or actual violent behavior where such behavior presents a clear danger. Page 1 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: USE OF CHEMICAL AGENTS NO: D-228 FILE: OC-SPRAY B. Before chemical agents may be used, consideration must first be given to the gravity of the situation, the present danger of injury to persons and/or property, or the consequences that may reasonably occur if the behavior does not cease. C. When circumstances permit, reasonable effort should be made to verbally persuade voluntary compliance. When practical, a clear warning should be given that chemical agents will be used if such voluntary compliance is not made. Whether or not a verbal warning was given preceding the use of the device should be documented in related reports. D. A verbal threat of violence alone does not justify the use of chemical agents. Verbal threats must be credible and cause an officer to reasonably believe that it would be unsafe to approach and control the incarcerated person. E. Officers shall not use OC on incarcerated people who are under physical restraint (handcuffs), unless the incarcerated person is still violently resisting and lesser means of controlling the incarcerated person have failed (under this application, a verbal warning must be given that chemical agents will be used on the incarcerated person). II. ISSUANCE AND ACCOUNTABILITY OF CHEMICAL WEAPONS A. After completing the Chemical Agents Course, each officer will be issued a canister of oleoresin capsicum (OC) pepper spray along with a holster in which to carry it while on duty. 1. The OC spray issued by the Sheriff's Office is not to be utilized for personal use. Under no circumstance may an officer take a chemical agent out of the building when they go off-duty, with the following exceptions: a. Travel to-and-from approved training. b. With explicit permission from a Watch Commander or other lieutenant. 2. Officers may only carry the OC spray issued by the Sheriff's Office while on-duty. B. Depleted canisters shall be exchanged for new canisters and are available from the Sheriff's Office Training Unit. Page 2 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: USE OF CHEMICAL AGENTS NO: D-228 FILE: OC-SPRAY C. Each officer receiving a canister is responsible to determine that it is more than half full and maintained in proper working order. III. DEPLOYMENT OF CHEMICAL AGENTS A. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn others that a chemical agent is being deployed (providing an opportunity for non-involved persons to leave the area). B. Officers should keep in mind the manufacturer's recommendations and their training regarding effective distances. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the facts and circumstances at the time of deployment. 1. Depress the nozzle in a '/2 —1 second burst (each can contains an average of six (6) sprays); 2. At an optimal distance of 6-10 feet (a distance of less than 3 feet risks soft-tissue damage); 3. The spray should be directed in an isolated controlled motion from the bridge of the nose to the mouth. IV. MISUSE OF CHEMICAL AGENTS A. Chemical agents shall not be used: 1. For punishment 2. For retaliation 3. For disciplinary purposes 4. On incarcerated people who are resistive but not physically aggressive 5. On restrained incarcerated people, unless the incarcerated person is still violently resisting and lesser means of controlling the incarcerated person have failed [Refer to section I, Part E] Page 3 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: USE OF CHEMICAL AGENTS NO: D-228 FILE: OC-SPRAY 6. On known pregnant persons 7. As a prank or in a joking manner B. Ensure that no greater amount of chemical agent is used than is necessary to accomplish the objective. C. Officers who misuse a chemical agent will be subject to disciplinary action. V. DECONTAMINATION PROCESS A. Remove the incarcerated person from the contaminated area. Flush the incarcerated person's eyes and the skin area that came into contact with the chemical agent with cool running water. 1. Contaminated eyes should be flushed with copious amounts of cool water. Encourage the incarcerated person to force open their eyes in order to flush out the OC. 2. Remove contact lenses, if applicable. Hands should first be cleaned thoroughly, or lenses should be removed by a physician. The lenses will most likely need to be thrown away. 3. Blow nose to remove discharge. Flush with water if necessary. 4. Rinse mouth if necessary. B. Allow the incarcerated person to blot dry; do not wipe. Press a wet paper towel on the face, followed by a dry paper towel. Apply several times until the resin is removed. Do NOT use the same part of the towel twice — as this may reapply the resin back on the contaminated area. 1. Expose incarcerated person to fresh air. (Fans may be used.) 2. Instruct the incarcerated person to stay still, breathe normally, and relax as much as possible. C. Do not apply creams or salves. A non-oil-based soap can be used to help remove the remainder of resin from the skin (especially the hands). D. Medical personnel shall be contacted following decontamination to obtain an evaluation for any possible related injuries due to contamination. Page 4 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: USE OF CHEMICAL AGENTS NO: D-228 FILE: OC-SPRAY E. Other symptoms an incarcerated person might display after being sprayed with OC spray include- 1. Severe blepharospasm (twitching) of eyes. 2. Involuntary closure of eyes (open in 2 to 5 minutes) 3. Respiratory inflammation (subsides in 2 minutes) 4. Coughing 5. Shortness of breath 6. Gagging sensation 7. Exposed skin inflammation (redness, burning) 8. Lost upper body motor control 9. Temporary paralysis of the larynx (inability to talk) F. Remove all contaminated clothing and allow the incarcerated person to take a standard water-and-soap shower. Contaminated jail clothing shall be placed in a water-soluble bag, tied, and placed in a red bag. The red bag shall be tied and taken to either the Clothing or Laundry Room to be washed. G. Contaminated rooms can be aerated through normal ventilation (cell door may need to be propped open). The purge system shall not be used to exhaust the contaminants from the housing units. H. OC is biodegradable and does not require special equipment for decontamination. 1. The ingredients may be washed down any drain. 2. Wipe exposed surfaces clean with a damp rag. 3. Exposed food products should be discarded. VI. NOTIFICATION AND DOCUMENTATION A. The use of a chemical agent constitutes the use of less-lethal force and must be reported. The Facility Sergeant shall be notified immediately after use and informed of the circumstances. Page 5 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: USE OF CHEMICAL AGENTS NO: D-228 FILE: OC-SPRAY B. An Incident Report shall be submitted prior to the end of the shift during which the use occurred. The report shall include- 1. A clear and factual justification for the use of the chemical agent. 2. Whether or not a verbal warning was given preceding the use of the device. 3. A description of how the chemical agent was utilized, and the results obtained. 4. Application time and deployment time. 5. A complete description of after-care procedures and/or medical treatment. VI I. OC FOGGER (MK-IX MACE FOGGER) A. The OC fogger canisters are available for use and have been distributed as follows: 1. Each housing security station, Booking, Clothing, and the South Annex Attorney Lobby. 2. One in each First Response Emergency Equipment (FREE) locker. B. Only those staff members who have received approved training in the use of the fogger shall be authorized to utilize the fogger device during actual operations. C. The full cone spray dispersal system is designed to distribute a large quantity of OC into a vast area. The canister contains one pound of OC offering extended ranges (6-15 feet) and multiple bursts making it excellent for crowd control and cell extractions. D. Whenever possible, take precautions to prevent or minimize non- involved persons from becoming contaminated (e.g., if deploying in a cell extraction, attempt to limit the contamination to neighboring cells by using towels to block the gap at the bottom of the doors). E. The proper deployment procedure is as follows: 1. The projector must always be used in an upright position. Page 6 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: USE OF CHEMICAL AGENTS NO: D-228 FILE: OC-SPRAY 2. Pull the safety pin, and depress the trigger. (Do not throw the pin as it will need to be placed back in the fogger after use to prevent accidental discharge.) 3. Use in short, '/2 —1 second bursts. 4. The spray should be directed in an isolated controlled motion from the bridge of the nose to the mouth at a distance of not less than six (6) feet. F. Do NOT employ the purge system to try and dissipate the chemicals. G. Follow the decontamination process utilized for OC spray deployment (see Section V). Vill. PEPPERBALL ROUNDS While PepperBall rounds contain chemical agents, PepperBall launchers and their rounds are categorized as less-lethal impact projectiles and covered in Jail Division policy D-227/Less-Lethal Impact Projectiles (FILE: LESS- LETHAL). Page 7 of 7