CHRIS CHRISTIE Governor KIM GUADAGNO Lt. Governor OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF STATE POLICE JEFFREY S. CHIESA POST OFFICE BOX 7068 WEST TRENTON NJ 08628-0068 (609) 882-2000 COLONEL JOSEPH R. FUENTES Attorney General Superintendent October 9, 2012 SUBJECT: “CHANGE NOTICE”- S.O.P. B22, “Use of Force and Reporting Requirements,” dated December 30, 2008 TO Superintendent’s Office; Deputy Superintendents; Section and Troop Commanding Officers; Bureau Chiefs; Station Commanders; and Unit Heads 1. : S.O.P. B22, “Use of Force and Reporting Requirements,” dated December 30, 2008, has been placed in the most current S.O.P. format and revised to add language regarding conducted energy devices (CEDs) and less-lethal ammunition. In addition, the following changes have been incorporated: a. Section I., Paragraph J. A list of authorized use of force options has been added. b. Section II., Paragraph C. A definition for enhanced mechanical force has been added. c. Section II., Paragraph G. A definition for physical contact has been added. d. Section III., Paragraph C. Members are justified in using enhanced mechanical force (e.g., conducted energy device or less-than-lethal launching devices) in the performance of their duties. "An Internationally Accredited Agency" New Jersey Is An Equal Opportunity Employer Printed on Recycled Paper and Recyclable e. Section V., Paragraph A.5. The completion of a Reportable Use of Force form will not be required for the display, unholstering, or brandishing of a firearm, mechanical device, enhanced mechanical device, or any other form of constructive authority without resorting to its use (including the non-contact spark display of a conducted energy device without deploying the darts/electrodes). f. Section V., Paragraph K. In all situations involving the use of physical, mechanical, enhanced mechanical, or deadly force, OPS shall report at least annually to the Division of Criminal Justice in a manner established by the Director of the Division of Criminal Justice. g. Section VI., Paragraph C.5. Supervisors will forward a copy of all pertinent and necessary documents, reports, and MVR reviews (if applicable) to the Training Bureau with a request to evaluate the incidents for the purpose of identifying any training or tactical issues which may need to be addressed in subsequent training on the use of force. h. Annex A Chemical force has been removed from the Level of Force field. Also, the field for “Level(s) of Force Used” has been changed to “Force Option(s) Used” and enhanced mechanical force has been added. i. Annex B A use of Non-Deadly Force reporting flowchart has been added. j. Annex C A use of Deadly Force reporting flowchart has been added. 2. Remove and destroy S.O.P. B22, “Use of Force and Reporting Requirements,” dated December 30, 2008. Replace with revised S.O.P. B22, “Use of Force and Reporting Requirements,” dated October 9, 2012. 3. Forwarded for your information and compliance. Joseph R. Fuentes Colonel Superintendent JMW Attachment 2 REFERENCE NUMBER EFFECTIVE DATE B22 October 9, 2012 SUBJECT S.O.P. B5, B10, C11, and C37 CALEA Standards 1.2.2., 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.3.7, 1.3.11, 1.3.12, 1.3.13, and 82.2.1 Attorney General’s Use of Force Policy Consent Decree 1999 N.J.S.A. 2C:1-1 et seq., 2C:3-11 USE OF FORCE AND REPORTING REQUIREMENTS O.P.I. NUMBER RESCINDS 0100 S.O.P. B22, dated 12/30/08 The purpose of this order is to express the policy of the Division of State Police concerning the use of force and to provide members with guidance concerning when, and to what extent, to use force when seeking to accomplish lawful objectives. The secondary purpose of this order is to outline the procedures whereby the use of force by members is reported, reviewed, and analyzed in a thorough and comprehensive manner designed to identify training or tactical issues related to the use of force by a member(s), and to alert the Division to the development of possible trends and inherent risks in the use of force by a member(s). This order consists of the following numbered sections: Page # I. Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 III. Use of Non-Deadly Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 IV. Use of Deadly Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 V. Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 VI. Organizational Review and Analysis of the Use of Force . . . . . . . . . . . . . . . . . . . . . . . . 10 VII. Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 I. Policy: A. The procedures in this order are based on specific guidelines outlined in the Attorney General’s Use of Force Policy and on legal requirements for the use of force as specified in the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq., effective September 1, 1979. This order is intended to supplement, not replace, these mandates. This order also incorporates the essence of Division training concerning the use of force by its members in the performance of their duties. S.O.P. B22 B. It is the policy of the Division of State Police that its members employ force in the performance of their duties only when necessary, and only to the extent or degree necessary to accomplish a lawful objective. Moreover, it is the policy of the Division that its members employ force in a manner consistent with the provisions of the Attorney General’s Use of Force Policy and the New Jersey Code of Criminal Justice. In short, members may use force only when it is necessary, only to the extent it is necessary, and only when its use is lawful and reasonable in relation to the harm the members seek to prevent. C. Members, when justified in using force, are not obliged to desist because resistance is encountered or threatened. They may not only stand their ground, but may press forward to achieve a lawful objective, overcoming force with force, to the extent necessary and reasonable in relation to the harm they seek to prevent. D. The legal authority given to members to use deadly force to accomplish lawful objectives is an extraordinary power granted by the State which requires that members exercise sound judgement and act reasonably under all circumstances where the use of deadly force is necessary. Given the aforementioned and following conditions which justify and limit the use of force in general, a member should resort to deadly force only when the member reasonably believes that an imminent danger of death or serious bodily injury exists, and only after less drastic alternatives have been exhausted or are believed to be ineffective in light of the prevailing circumstances. E. The legal authority given to members to carry firearms and other deadly weapons places members under a duty to employ extraordinary care in the handling of those weapons. Members must exercise sound judgement and caution when authorized to use their weapons. F. The use of weapons or equipment not authorized by the Division (e.g., blackjack, sap gloves, etc.) is prohibited. G. Members are not authorized to fire warning shots while engaged in the performance of their duties. H. Members shall provide or obtain appropriate medical aid/assistance for persons who are injured as a result of the use of deadly force, non-deadly force, or other uses of force by the member. This medical aid/assistance shall be provided or obtained once a member determines that any and/or all of the following conditions exist: 1. The injured person has ceased to resist the accomplishment of a lawful objective by a member 2. Once the risk of serious bodily injury or death to a member(s), or others, has subsided 3. Once an imminent danger/threat has been eliminated 2 S.O.P. B22 II. I. Appropriate medical aid/assistance is that aid/assistance which a member would reasonably believe is necessary to minimize the severity of both visible injuries and non-visible trauma to a person once the aforementioned risks have subsided or been eliminated. Depending upon the circumstances, appropriate medical aid/assistance may include, but is not limited to, increased observation to detect obvious changes in condition, flushing chemical or natural irritating agents from eyes, applying first aid, evaluation by paramedics, or for more serious or life threatening injuries, immediate aid by medical professionals. J. A member is authorized, when appropriate, to employ the following use of force options: 1. Constructive authority 2. Physical force 3. Mechanical force 4. Enhanced mechanical force 5. Deadly force Definition of Terms: A. Constructive Authority: Does not involve actual physical contact with the subject, but involves the use of the member’s authority to exert control over a subject. B. Deadly Force: Any force used with the purpose of causing, or which the member reasonably believes creates a substantial risk of causing death or serious bodily harm. C. Enhanced Mechanical Force: An intermediate force option between mechanical force and deadly force, requiring a greater level of justification than that pertaining to physical or mechanical force, but a lower level of justification than that required for the uses of deadly force (e.g., conducted energy devices and less-lethal ammunition). D. Imminent Danger/Threat: Describes threatened actions or outcomes that are ready to take place during an encounter absent action by a law enforcement officer. The period of time involved is dependent on the circumstances and facts evident in each situation and is not the same in all situations. The threatened harm does not have to be instantaneous. E. Mechanical Force: The use of some device which employs less than deadly force, such as a baton (PR24, expandable baton, etc.), police canine, chemical or natural irritating agent, etc. F. Non-Deadly Force: Force other than deadly force. 3 S.O.P. B22 III. G. Physical Contact: Contact with a subject necessary to effectively accomplish a legitimate law enforcement objective. H. Physical Force: Bodily contact with a subject, not otherwise submitting or cooperating, to effect an arrest or other law enforcement objective. I. Reasonable Belief: Facts and circumstances, including the reasonable inferences drawn therefrom, known to the member at the time that would cause a reasonable member to conclude that the point at issue is probably true. The reasonableness of a belief or decision must be viewed from the perspective of the member, who may often be forced to make split-second decisions in circumstances that are tense, unpredictable, and rapidly evolving. Reasonableness is not to be viewed from the calm vantage point of hindsight. J. Serious Bodily Injury: Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ, or which results from aggravated sexual assault or sexual assault. K. Use of Force: A member’s utilization of physical, mechanical, enhanced mechanical, or deadly force to compel compliance from a person. Use of Non-Deadly Force: A. B. Members are justified in using non-deadly force in the performance of their duties when they reasonably believe it is immediately necessary to perform one or more of the following actions: 1. Protect themselves or others against the use of unlawful force by another person 2. Prevent another from committing suicide or inflicting serious bodily injury upon oneself 3. Thwart the commission of a crime involving or threatening bodily injury, damage to or loss of property, or a breach of the peace 4. Prevent an escape 5. Effect an arrest for any offense or crime under the laws of the state of New Jersey The use of force (deadly or non-deadly) to effect an arrest, however, is not justifiable unless the following conditions are satisfied: 1. Members make known the purpose of the arrest or reasonably believe that their identity and purpose are otherwise known by or cannot reasonably be made known to the person to be arrested 4 S.O.P. B22 C. IV. 2. When the arrest is made under a warrant, the warrant is valid or reasonably believed by the member to be valid 3. When the arrest is without warrant, that the arrest is lawful Members are justified in using enhanced mechanical force (e.g., conducted energy devices or less-than-lethal launching devices) in the performance of their duties when the above mentioned provisions of this section are satisfied and the members are trained and authorized to use such devices. Use of Deadly Force: Members are justified in using deadly force in the performance of their duties only in the following situations and subject to the following limitations consistent with the provisions of the New Jersey Code of Criminal Justice. A. Deadly force may be employed in self-defense when a member reasonably believes that deadly force is immediately necessary to protect themselves from an imminent threat of death or serious bodily injury. B. Deadly force may be employed in defense of others when a member reasonably believes that their intervention is immediately necessary to protect another from an imminent threat of death or serious bodily injury, except that deadly force is not justifiable under any of the below conditions: 1. The member can otherwise secure the complete safety of the protected person EXCEPTION: A member may use deadly force if the person being defended is in their own home and the attacker is not a resident. 2. Where it reasonably appears to the member that the person they seek to protect has unlawfully, with the purpose of causing death or serious bodily injury, provoked the use of deadly force against themselves in the same encounter 3. If a person attempts to escape after arrest, but prior to commitment to a jail, prison, or other institution for the detention of persons charged with or convicted of an offense EXCEPTION: A member may use deadly force to prevent the escape if the member has a reasonable belief that the person poses an imminent threat of death or serious bodily injury to the member or another. The member’s use of deadly force for the purpose of preventing an escape must present no substantial risk of injury to an innocent person. If feasible, a member shall identify themselves, and state their intention to shoot before using a firearm. 5 S.O.P. B22 4. If a person attempts to escape from commitment to a jail, prison, or other institution for the detention of persons charged with or convicted of an offense EXCEPTION: C. While any discharge of a firearm entails some risk, discharging a firearm at or from a moving vehicle entails an even greater risk of death or serious injury to innocent persons. The safety of innocent people is jeopardized when a fleeing suspect is disabled and loses control of their vehicle. There is also substantial risk of harm to occupants of the suspect vehicle who may not be involved, or involved to a lesser extent, in the actions which necessitated the use of deadly force. 1. 2. Due to this greater risk, and considering firearms are generally not effective in bringing moving vehicles to a rapid halt, members shall not fire from a moving vehicle or at a driver or occupant of a moving vehicle unless the member reasonably believes: a. There exists an imminent danger of death or serious bodily injury to the member or another person; and b. No other means are available at that time to avert or eliminate the danger Weapons may not be fired to disable moving vehicles. NOTE: V. A member may use deadly force to prevent the escape if the member has a reasonable belief that the person poses an imminent threat of death or serious bodily injury to the member or another. The member’s use of deadly force for the purpose of preventing an escape must present no substantial risk of injury to an innocent person. If feasible, a member shall identify themselves, and state their intention to shoot before using a firearm. For the purpose of this policy, vehicles include all aircraft, water craft, and land-based modes of transportation. Reporting Requirements: A. Any member who utilizes force, non-deadly or deadly, whether on duty or while acting in an official capacity, shall complete a Reportable Use of Force (form S.P.361, Annex A) for each individual subjected to an application of force; except the following defined procedures shall not constitute a reportable use of force and will not require the completion of a Reportable Use of Force form: 1. The physical removal of peacefully resisting demonstrators 6 S.O.P. B22 2. Holds with no or minimal resistance 3. Handcuffing with no or minimal resistance 4. Pushing, pulling, or blocking a subject to counter minimal resistance 5. The display, unholstering, or brandishing of a firearm, mechanical device, enhanced mechanical device, or any other form of constructive authority without resorting to its use (including the non-contact spark display of a conducted energy device without deploying the darts/electrodes) NOTE: If there is any question as to whether the use of force is reportable, the use of force in question shall be reported on a Reportable Use of Force form. B. Each member who uses force, which is required to be reported, must complete a separate Reportable Use of Force form for each person force was used against. Each form will indicate one member’s use of force against one subject. C. All Reportable Use of Force forms shall be completed exclusively within the Records Management System (RMS), in conjunction with the completion of an Investigation Report (form S.P. 310), whose narrative will include the reasoning for, and circumstances surrounding, the need for the use of force. NOTE: As illustrated in Annex B, if an incident involves the use of force by members who are not the investigating officer, those members shall complete Reportable Use of Force forms in conjunction with Supplementary Investigation Reports (form S.P. 310b). D. If an incident involving the reportable use of force is a result of a motor vehicle stop, a Motor Vehicle Stop Report (form S.P. 338) will also be completed utilizing the RMS. E. In all incidents involving a reportable use of force, a supervisor shall conduct a review of the incident for misconduct and/or performance issues. 1. Identified performance deficiencies shall be documented, via the Intervention Module, in the Management Awareness and Personnel Performance System (MAPPS), as defined in S.O.P. C11. 2. Misconduct issues shall be documented on the Reportable Incident Form (S.P. 525) and forwarded to the Office of Professional Standards (OPS) as outlined in S.O.P. B10, “Internal Investigative and Disciplinary Procedures: Classification, Processing, and Adjudications.” 7 S.O.P. B22 F. The supervisor, after conducting a review of the incident, shall promptly print and fax the completed Reportable Use of Force form to the Intake Unit, Intake and Adjudication Bureau, Office of Professional Standards at (609) 882-2033. A copy of the Reportable Use of Force form shall be maintained at the station/unit in a separate dedicated Reportable Use of Force file. G. Whenever a member uses deadly force which results in injury, or uses any force which results in serious bodily injury or death to a person, the following instructions, as illustrated in Annex C, must be followed in addition to the completion of a Reportable Use of Force form. 1. 2. H. The Major Crime Unit Head, Violent Crimes Bureau, Special Investigations Section, and OPS shall be contacted immediately and advised of the incident. a. The Major Crime Unit will investigate all such incidents. b. When any force is used which results in death or serious bodily injury, and when any injury of any degree results from the use of a firearm by a member, the Major Crime Unit shall immediately notify both: (1) The appropriate county prosecutor’s office (2) The Division of Criminal Justice A copy of the completed Reportable Use of Force form shall be: a. Promptly forwarded, via proper channels, to the Major Crime Unit Head b. Faxed to the Intake Unit, Intake and Adjudication Bureau, Office of Professional Standards (OPS) Anytime a member uses deadly force, for example, purposely discharging a firearm in the direction of another person, vehicle, building, or structure in which another individual is believed to be, which does not result in injury or death to a person, the following instructions must be followed in addition to the completion of a Reportable Use of Force form. 1. The Major Crime Unit Head and OPS shall be contacted immediately and advised of the incident. 2. The Major Crime Unit will investigate all such incidents. 3. A copy of the completed Reportable Use of Force form shall be: 8 S.O.P. B22 a. Promptly forwarded, via proper channels, to the Major Crime Unit Head b. Faxed to the Intake Unit, Intake and Adjudication Bureau, Office of Professional Standards (OPS) I. In all instances where deadly force is used against a person, whether injury or death exists or not, the member’s supervisor will mandate a critical incident stress debriefing, utilizing the Employee Assistance Program as delineated in S.O.P. C37, “Office of Employee and Organization Development,” or another Division approved program. J. Anytime a member discharges a firearm under circumstances not constituting a use of force (e.g., accidental discharges and destruction of animals), that member shall: 1. Promptly notify their immediate supervisor 2. Prepare a Special Report (form S.P. 329) entitled “Discharge of Firearm.” The report shall include: 3. a. The date, time, and location of the incident b. The weapon used (make, model, and serial number) and the number of rounds discharged c. A brief description of the circumstances surrounding the discharge, and any related incident or case number The Special Report shall be forwarded to OPS, via proper channels EXCEPTION: K. VI. The discharge of a firearm during the course of training, sport shooting, and hunting with a valid license is not required to be reported. In all situations involving the use of physical, mechanical, enhanced mechanical, or deadly force, OPS shall report at least annually to the Division of Criminal Justice in a manner established by the Director of the Division of Criminal Justice. Organizational Review and Analysis of the Use of Force: A. In addition to the initial review by a member’s supervisor of all incidents involving the reportable use of force, OPS shall conduct an administrative review of all incidents upon receipt of Reportable Use of Force form (S.P. 361). OPS shall then document this administrative review in the OPS IA-Pro database, which will assign the incident a sequential control number. 9 S.O.P. B22 B. The Office of Professional Standards has established an organizational-specific threshold of two or more Reportable Use of Force incidents within a one-year period to be used as a standard for further supervisory review of incidents involving the reportable use of force. The IA-Pro database has been programmed to automatically generate an “alert” notifying the Intake Unit when a member has exceeded the aforementioned threshold. C. Once alerted by the IA-Pro database that a member has exceeded the organizationalspecific threshold, members of the Intake Unit, Intake and Adjudication Bureau, will record information pertaining to the identified reportable use of force incidents into the IA-Pro database as a Use of Force Review file, which will be assigned a unique control number. The Intake Unit shall contact the bureau chief or regional commander within the member’s chain of command and request a Supervisory Use of Force Review be conducted. The bureau chief or regional commander shall assign the review to a specific supervisor utilizing MAPPS. 1. The supervisor assigned to conduct the Supervisory Use of Force Review, shall re-examine all documents and reports related to identified reportable use of force incidents by the member, including operations reports, investigation reports, as well as Motor Vehicle Stop Reports and MVR reviews (if the use of force involved a motor vehicle stop). The purpose of this Supervisory Use of Force Review will be to identify misconduct and/or performance issues which may become evident in light of multiple use of force incidents by the member. The assigned supervisor will review the totality of the member’s MAPPS history, including but not limited to: a. Misconducts b. Performance Incident Disposition Report (PIDR) c. Interventions d. Journal entries 2. If the assigned supervisor identifies any misconduct and/or performance issues during the Supervisory Use of Force Review, they shall address the issue through an appropriate intervention as listed in the Intervention Module of MAPPS. 3. Upon completion of a Supervisory Use of Force Review, via the Use of Force Module in MAPPS, the assigned supervisor shall document their findings and forward, via the bureau chief or regional commander, a printout of the review and all relevant documents, reports, and MVR reviews (if applicable) to the Intake Unit. The Supervisory Use of Force Review shall include the following information: a. The assigned supervisor’s Analysis of Incidents 10 S.O.P. B22 b. VII. The assigned supervisor’s Actions & Recommended Intervention 4. The assigned supervisor’s findings, actions, and interventions will be reviewed for completeness and memorialized in MAPPS. 5. The assigned supervisor will forward a copy of all pertinent and necessary documents, reports, and MVR reviews (if applicable) to the Training Bureau with a request to evaluate the incidents for the purpose of identifying any training or tactical issues which may need to be addressed in subsequent training on the use of force. D. If the evaluation of use of force incidents identifies deficiencies in a member’s performance, the Training Bureau, as defined in S.O.P. B5, “Training Bureau” will ensure the affected member is retrained. The Training Bureau will forward an annual report to OPS indicating all deficiencies identified in the use of force and the corrective actions taken. The annual report will cover a calendar year and will be due on March 1st of the following year. E. The MAPPS/Risk Analysis Core Group shall review all Supervisory Use of Force Reviews directly from the MAPPS Use of Force Module in order to identify any developing trends in the use of force by a member(s) and ascertain the inherent risks involved with the respective incidents. The MAPPS/Risk Analysis Core Group shall submit a formal report of their findings, which may include perceived deficiencies in a member’s performance, to the Training Bureau. The Training Bureau will review the MAPPS/Risk Analysis Core Group reports in order to determine if additional training on the use of force is needed, and/or if deficiencies in a member’s performance need to be addressed. If the MAPPS/Risk Analysis Core Group finds no trends, risks, or deficiencies, the report will reflect those findings. F. The MAPPS/Risk Analysis Core Group will prepare an annual report documenting a compilation of their findings throughout the year, including trends in the use of force by a member(s) and any inherent risks involved with the respective incidents. A copy of the annual evaluation report will be forwarded to the Training Bureau and to OPS. Effect: In accordance with S.O.P. A1, “Orders,” the Office of Professional Standards Commanding Officer shall notify the Planning and Logistical Support Bureau Chief, via channels, of any changes that may be necessary in this order. Joseph R. Fuentes Colonel Superintendent 11 S.O.P. B22 ANNEX A NEW JERSEY STATE POLICE REPORTABLE USE OF FORCE STATION/UNIT CODE DATE OF INCIDENT / TIME OF INCIDENT (Military) AREA CODE, PHONE # AND EXT. MUNICIPALITY MV STOP YES / DIVISION CASE NUMBER CODE CAD INCIDENT NUMBER NO LOCATION TYPE (CHECK ONE) HIGHWAY COMMERCIAL STATION GOVERNMENT PROPERTY RESIDENCE IN TRANSPORT SCHOOL OTHER INCIDENT TYPE (CHECK ONE) ON VIEW ARREST HIGH RISK ENTRY UNDER INFLUENCE ALCOHOL/DRUGS WARRANT ARREST DOMESTIC VIOLENCE PROTECTIVE CUSTODY DRUNK DRIVER PRISONER PROCESS. PRISONER TRANSPORT OTHER INITIAL REASON FOR USE OF FORCE (CHECK ONE) SELF DEFENSE RESTRAIN FOR SAFETY THWART COMMISSION OF CRIME PREVENT ESCAPE EFFECT AN ARREST OTHER DEFENSE OF ANOTHER PREVENT SUICIDE FORCE OPTION(S) USED (CHECK ALL THAT APPLY) PHYSICAL ENHANCED MECHANICAL MECHANICAL DEADLY Subject Information SUBJECT'S NAME AGE SEX RACE INJURED YES NO NATURE OF SUBJECT'S INJURIES (CHECK ONE) NONE COMPLAINT OF PAIN INCAPACITATED MODERATE INJURY KILLED SUBJECT RESISTED BY (INDICATE BY NUMBERING 1, 2, 3, .... THE ORDER IN WHICH SUBJECT RESISTED) TREATMENT N/A RESISTED TROOPER CONTROL/AUTHORITY REFUSED PHYSICAL THREAT/ ATTACK ON TROOPER EMS THREATENED/ATTACKED TROOPER WITH BLUNT OBJECT TREATED/RELEASED THREATENED/ATTACKED TROOPER WITH KNIFE/CUTTING OBJECT ADMITTED THREATENED/ATTACKED TROOPER WITH MOTOR VEHICLE THREATENED TROOPER WITH FIREARM FIRED AT TROOPER THREATENED OTHER Member Information MEMBER'S RANK/NAME UNIT CODE BADGE NO. SQUAD # UNIFORM YES INJURED NO YES NO NATURE OF MEMBER'S INJURIES, IF ANY (CHECK ONE) NONE COMPLAINT OF PAIN MODERATE INJURY INCAPACITATED KILLED REFUSED EMS TREATED/RELEASED ADMITTED TREATMENT N/A RANK/NAME OF MEMBER COMPLETING REPORT BADGE NO. DATE OF REPORT / RANK/NAME OF REVIEWER / PAGE Signature S.P. 361 (Rev. 11/11) (S.O.P. B22) (S.O.P. B10) of Signature BADGE NO. S.O.P. B22 ANNEX A REPORTABLE USE OF FORCE FORM (S.P. 361) COMPLETION INSTRUCTIONS • STATION/UNIT - Insert the name of the station or unit. • CODE - Insert the station or unit four-digit code. • AREA CODE, PHONE NUMBER AND EXTENSION - Insert the station or unit area code, phone number and extension. • DIVISION CASE NUMBER - Insert the Division case number which contains the narrative detailing the Use of Force. • DATE OF INCIDENT - Insert the date of incident. • TIME OF INCIDENT - Insert the time (military time) of the incident. • MV STOP - Check Yes or No to indicate whether the incident involved a motor vehicle stop. • MUNICIPAL CODE - Insert the name of the municipality where the incident occurred and the four-digit municipal code. • CAD INCIDENT NUMBER - Insert the CAD number which was generated for the incident in which force was used. • LOCATION TYPE - Check the appropriate box to indicate where the incident occurred: • Highway - any interstate, state, county, municipal roadway or toll • Residence - inside any residential building or residential property • Commercial - inside any commercial building or commercial property • In Transport - inside Troop transportation • Station - inside any State Police building or on State Police property • School - inside any school building or on school property • Government Property - inside any government building or on government property • Other - any other location than listed above - Insert location on line provided. • INCIDENT TYPE - Check the appropriate box to indicate the incident type when force is initially utilized. • INITIAL REASON FOR FORCE USED - Check the appropriate box to indicate the initial reason force was utilized • FORCE OPTION(S) USED - Check the appropriate box to indicate the initial reason force was utilized SUBJECT INFORMATION — • SUBJECT'S NAME - Insert the subject's name on whom force was utilized. • AGE • GENDER • RACE • INJURED - Indicate whether the subject was injured in the incident • NATURE OF SUBJECT'S INJURY - Check the appropriate box to indicate the nature of the subject's injuries sustained in the incident: • TREATMENT - Check the appropriate box to indicate the level of treatment rendered to the subject: • SUBJECT RESISTED BY - Indicate by numbering 1, 2, 3... the order in which the subject resisted the member during the incident. If an action did not occur, it does not need to be numbered. MEMBER INFORMATION — • MEMBER'S RANK/NAME - Enter the member's rank and name who utilized force. • BADGE - Insert the member's badge number • UNIT CODE - Insert the member's unit code • SQUAD NUMBER - Insert the member's squad number, if applicable • UNIFORM - Check Yes or No to indicate if the member was in uniform • INJURED - Check Yes or No to indicate if the member was in injured in the incident NOTE: A separate report shall be completed for each individual subjected to an application of force. • NATURE OF MEMBER'S INJURY - Check the appropriate box to indicate the nature of the member's injuries sustained in the incident: • TREATMENT - Check the appropriate box to indicate the level of treatment rendered to the member: • RANK/NAME/BADGE # - Insert the rank, name & badge number of the member completing this report. • Signature - Signature of member completing this report • DATE OF REPORT - Insert the date of this report. • PAGE - Insert the appropriate page number of this report. • REVIEWER RANK/NAME/BADGE # - Insert the rank, name and badge number of the supervisor reviewing this report and the division case number report containing the narrative detailing the Use of Force. • Signature - Signature of member reviewing this report NOTE - It is the supervisor's responsibility to ensure that both reports have been checked and compared in order to validate that the reports contain factual information and are consistent. A-2 Applicable to each person subjected to a reportable use of force incident USE OF NON-DEADLY FORCE MEMBER’S SUPERVISOR PRIMARY MEMBER Conduct review of incident Performance/ Misconduct Issue identified Complete in RMS Regardles s of review results No Performance/ Misconduct issues noted If applicable Performance Issue Investigation Report Motor Vehicle Stop Report (if applicable) Misconduct Issue Use of Force Report Document issue in Intervention Module of MAPPS ASSISTING MEMBER (IF APPLICABLE) Forward to Training Bureau if applicable Document on Reportable Incident form Postive Performance Notice Forward to Training Bureau Forward Reportable Incident form to OPS as per S.O.P. B10 Submit to NJSP Awards Board Complete in RMS Investigation Report Use of Force Report Fax Use of Force report to OPS S.O.P. B22 ANNEX B File Use of Force report at station level ASSISTING MEMBER (IF APPLICABLE) MEMBER’S SUPERVISOR Conduct review of incident PRIMARY MEMBER Complete in RMS Complete in RMS Supplementary Invest. Report Motor Vehicle Stop Report (if applicable) Use of Force Report USE OF DEADLY FORCE Applicable to each person subjected to a reportable use of force incident Investigation Report Performance/ Misconduct Issue identified Use of Force Report Regardles s of review results Performance Issue Misconduct Issue Document issue in Intervention Module of MAPPS Document on Reportable Incident form No Performance/ Misconduct issues noted If applicable Postive Performance Notice Forward to Training Bureau RESULTS IN DEATH OR SBI Notify Mandate a critical incident stress debriefing for involved member(s) Major Crime Unit Head DOES NOT RESULT IN DEATH OR SBI Forward to Training Bureau if applicable Forward Reportable Incident form to OPS as per S.O.P. B10 Submit to NJSP Awards Board Notify File Use of Force report at station level Fax Use of Force report to OPS If applicable Notify Appropriate County Prosecutor S.O.P. B22 ANNEX C Division of Criminal Justice