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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. Page 1 of 5 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. Page 2 of 5 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). Page 3 of 5 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. Page 4 of 5 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. Page 5 of 5