May 9, 2008 FINAL REPORT OF THE PANEL TO REVIEW USE OF FORCE TRAINING AT THE WESTCHESTER COUNTY POLICE ACADEMY May 9, 2008 Introduction: The following report is the culmination of a sixty (60) day effort to objectively and critically examine, assess and make necessary recommendations concerning ?use of force? training conducted at, and under the direction of, the Westchester County Police Academy (hereinafter, It has been prepared solely by the members of the Panel to Review Use of Force Training (the ?Panel?) and is being provided this date to the Commissioner Of the Westchester County Department of Public Safety at his request. This report represents the entirety of the Panel?s ?ndings and recommendations. Members of the Panel: Larry Brown is a retired twenty-?ve-year veteran Of the White Plains Police Department, who served with distinction in its Patrol Division having received numerous awards and commendations for his service. In addition to street patrol, he served in the detective and warrants divisions and he has worked in recruitment and the investigation of applicants as well. Mr. Brown has been a member of the Westchester/Rockland Guardians Association, a fraternal organization of Black law enforcement personnel, for more than twenty years, during which time he has served as its president and attended many conferences and seminars throughout the country. James E. McCabe, PILD. is an Assistant Professor of Criminal Justice at Sacred Heart University in air?eld, CT. He is also a 21~year veteran of the NYPD, retiring in 2006 at the rank of Inspector. During his career in the NYPD he held numerous command-level assignments including the Training Bureau and the Police Academy. His research interests include police organizational behavior and the effective delivery of police services. Rev. W. Darin Moore is in his ?fteenth year as pastor of Greater Centennial AME Zion Church, in Mt. Vernon, NY. He is president of the United Black Clergy of Westchester, president of Greater Centennial Community Development Corporation, and Vice Chairman of the Harriet Tubman Home Board of Directors. He has served as president of the Mt. Vernon Board of Education and has recently been elected to the Board of Trustees for Livingstone College, in Salisbury, NC. Rev. Moore is a member of the Executive Committee of the World Methodist Council and is the founder of Save Our Seed Ministries. An alumnus of Livingstone College, majoring in he also matriculated at Yale University School of Divinity. He and his wife, Devieta, are the proud parents of three children. Paul E. O?Connell, J.D. (chair of the Panel to Review Use of Force Training) is a professor and chair of the Criminal Justice Department and former Associate Dean of the School of Arts and Science at Iona College, in New Rochelle, New York. Dr. O?Connell is a former trial attorney with the firm of Cummings and Lockwood, in Stamford, Connecticut and served for eight years with the New York City Police Department. Among his many assignments, Dr. O?Connell served for several years as Curriculum Coordinator in the In?Service Training Unit of the New York City Police Academy. Pier-o Olcese is the President of the Westchester Hispanic Law Enforcement Association, where he has served in different capacities on the Board of Directors for the past ten years. He has also served with the Westchester County Hispanic Advisory Board during the past ten years. Mr. Ol?cese is a Police Of?cer in the Yonkers Police Department where he has been assigned to the Emergency Service Unit for the past 11 years. Mr. Olcese was born and raised in Lima, Peru and has earned a Bachelor Degree in Business Administration from Mercy College. He is married to his wife of 25 years, Angela and has three sons. Terrance Raynor is the Chief Criminal Investigator of the Westchester County District Attorney's Office. Prior to his current position, Mr. Raynor was employed by the City of Mount Vernon Police Department for more than twenty years. He began his law enforcement career there as a police of?cer, rising through the ranks to eventually serve as the department's Chief of Police. Mr. Raynor is a thirty year resident of Westchester County. He attended Mercy College and is a graduate of the RBI. National Academy Jimmy Warren is the Chief of the Village of Sleepy Hollow Police Department of which he is a 23 ?year veteran. He is a graduate of the FBI National Academy and of the State University of New York Empire State. Chief Warren received a jurr?s doctorate degree from the Pace School of Law, and he is admitted to the Bars of New York and Connecticut. He currently serves as a Behavioral/ Social Science - Criminal Justice Adjunct Professor at Westchester Community College in Valhalla, NY and is the President of the Westchester County Chiefs of Police Association, Inc. Chief Warren also served ?ve years on active duty with the United States Navy. De?nitions: This report makes reference to two (2) distinct forms of police training: i) recruit training; and ii) in~service training. Recruit training refers to training administered to newly appointed police officers while they are attending WCPA. In~ service training refers to on?going training that is periodically administered to all active duty DPS police of?cers and all municipal law enforcement agencies in Westchester County. WCPA trains all police of?cer recruits for DPS and each of the municipal police departments in Westchester County except in such cases where, due to recruit class timing considerations, a police department sends a recruit to another zone academy for training. In?service training typically occurs within the respective police departments and is delivered by their own personnel. There are forty-?three (43) separate municipal police departments within Westchester County. As a result, there are forty-three (43) different in?service training programs operating within the county. The Panel has de?ned the term ?use of force training? to include any training program, lesson, or materials used by WCPA to instruct police of?cers on the proper use of physical and deadly physical force (as de?ned in Article 35 of the New York State Penal The Panel also examined training concerning ?forcible? non-Voluntary) investigatory stops, which are conducted by police of?cers pursuant to see. 140.50 of the New York State Criminal Procedure Law (otherwise known as stop, question and?z'sks, or Tegy stops), irrespective of the actual use of physical force. For purposes of this report, the phrase ?off-duty confrontation? shall be de?ned as any confrontation between a uniformed police of?cer and police of?cer not in uniform (either off~duty or engaged in plain?clothes or undercover duties) where the identity of the police of?cer not in uniform is not known to the uniformed police of?cer. Mg: The Panel formally received its initial charge (copy attached hereto as Appendix on March 14, 2008. At the outset, members of the Panel decided to critically examine both the quantity and quality of ?use of force? training taking place within the WCPA. The Panel sought to examine both the substance of this training and the methodology/pedagogy employed. This obviously entails a comprehensive analysis of: what is taught; when and how frequently; by whom; how; where; and why. The Panel was expressly directed to be thorough and candid in its assessment(s). Additionally, the Panel was encouraged to think ?outside the box.? That is, the Panel was directed not to feel constrained by ?scal, political, or logistical considerations, when providing its recommendations. In order to expand possibilities and bring a fresh perspective to these important issues, members were asked to use their personal experience and best judgment to determine how this training should be designed and delivered. It should be noted that the Panel was not directed to examine or make any comparisons to the ?use of force? training being presently or formerly employed by any other police department or agency. Rather, the Panel was asked to critically examine the current training curricula and methods. Bacgrround: The WCPA provides training for new recruits employed by police departments throughout Westchester and Putnam Counties based upon the ?Basic Course for Police Of?cers,? which is the minimum instruction required by the New York State Division of Criminal Justice Services (DCJ S) to be given to new recruits for certi?cation as police of?cers. Subsequent in?service training for experienced police officers is generally provided by each individual department, by means of if its own personnel and curriculum. Therefore, DPS conducts in-service training primarily for its own personnel at WCPA. While this report will not directly examine in-service training occurring in other agencies, this report and the recommendations made herein are intended to improve the overall quality of use of force training taking place within Westchester County. It is intended to ?raise the bar? of the baseline training levels, particularly for common issues and topics that transcend any one police agency. To the extent that any of the following recommendations pertain to the policies, practices and/or guidelines of the State of New York, the Panel would anticipate that Westchester County of?cials and legislators would actively work to implement said recommendations at the state level. Methodology: During the course of its examination and review, the Panel forwarded a series of written and verbal requests for information to DPS and its agents. (See, ag, the Panel?s initial ?Request for Information,? attached as Appendix All such requests were complied with in a timely fashion. The Panel was afforded access to all records, documents, guidelines, lessons, personnel and equipment that were necessary to the preparation of this report. The Panel met frequently over the course of the sixty (60) day review period, and all members actively participated. Presentation Format: The following sections designate speci?c ?ndings and recommendations made by the Panel. They have been grouped (for presentation purposes) in as logical a manner as possible. The order of presentation should not be construed as a qualitative assessment as to the relative importance of any particular ?nding or recommendation. 1) 2) 3) 4) 5) FINDINGS AND RECOMMENDATIONS OF THE PANEL Part I Findincrs Findings Regarding Guidelines, Policies and Available Resources in Use of Force Training The Westchester County Police Academy is the New York State Zone 3 police training center covering Westchester and Putnam. This training zone encompasses both urban and rural areas. The topic ?use of force? appears to permeate the WCPA recruit training curriculum. Broadly construed, ?use of force? training entails providing a thorough understanding of all applicable laws, tactics, procedures and guidelines that regulate an of?cer?s actual or implied use of force against others. This term implies an understanding that a continuum exists whereby an of?cer?s options to use force vary, depending upon the particular situation and the facts and circumstances known to the of?cer. The current WCPA curriculum includes both stand-alone (that is, discrete) lessons concerning the use of physical force and deadly physical force, and a variety of other lessons that review, reiterate and integrate these guidelines and laws, such as those lessons that examine: a) how to respond to domestic Violence situations; b) how to conduct a car stop; c) how to reSpond to a disorderly person or crowd; d) dealing with the mentally ill; etc. WCPA appears to have a competent and highly-trained staff. New York State does not currently mandate that police departments establish and follow express guidelines and procedures for off-duty confrontations. ?Off-duty confrontation training? for police of?cers is not presently mandated by New York State. 10 6) 7) 8) 9) DPS has established guidelines and procedures for the handling of off~duty confrontations by its own of?cers (General Order 1.24). DPS General Order 1.24 was established on or about July 31, 2006. WCPA provides 2 hours of recruit training in off?duty confrontations, not mandated by New York State. New York State does not presently mandate that all police of?cers successfully complete ?rearms re-quali?cation training each year. 10) While many departments in the county do provide annual ?rearms training (and the quality and quantity of this training appears to vary Widely. 1 l) DPS is a New York State Accredited Law Enforcement Agency. 12) Examination of the New York State Standards for Law Enforcement Accreditation, and the policies and procedures of DPS, reveals that DPS meets or exceeds the requirements on the use of deadly force as it pertains to police administration and training. (See Appendix 13) DPS has a formal process for recording the use of force by its of?cers. (DPS General Order 1.10) 14) General Order 1.02 directs that the Special Investigations Unit (SIU) receive all Use of Force Reports. SIU is the internal investigative arm of the DPS. The primary focus of their review/analysis is not training related. Nevertheless, in practice, training issues perceived by STU during their review of these reports are communicated by the STU commander to the WCPA Director of Training for appropriate follow up. Additionally, the DPS Commissioner?s Of?ce reviews all Use ofForee Reports prepared by department members. On occasion, that of?ce has referred Use of Force Reports to the WCPA Director of Training to assess training implications. These referrals are not required or directed pursuant to a Department General Order or other directive. Upon receipt of these reports, the Director of Training will ensure that the reports are reviewed to determine if training de?ciencies exist or new/additional training is required. If de?ciencies are discovered or new/additional training is required, the Director of Training will then apparently implement appropriate training measures. 15) DPS does not currently have a formalized process/policy for the recording of ?stop, question and frisks? that are conducted by its of?cers. 11 Findings Regarding Recruit Training in Use of once The entry level recruit police of?cer training offered at WCPA exceeds the DCJ requirements of for the Basic Course for Police Of?cers. DCJ mandates a minimum of 635 hours of police training: 475 academy~based and 160 ?eld-based training. WCPA offers more than 750 hours of academy-based training. The entry level recruit police training in ?rearms and the use of deadly force offered at WCPA exceeds the requirements mandated by DCJ S. DCJ requires forty (40) hours of ?rearms training. WCPA provides 71.5 hours, or 79% more training hours, including 16.5 hours of ?rearms simulation training. The leadership of WCPA articulates a sensitivity for diversity in terms of instructor staf?ng. WCPA does not, however, have a formal policy in this regard. WCPA currently employs a staff of four (4) full-time instructors. Additional trainers are utilized, as necessary, whenever a recruit class is attending the academy. Every police department in Westchester County currently has one or more certi?ed trainers among its members. These individuals make up the pool of instructors that WCPA can draw upon when developing a training staff for any particular class of recruits. The Panel ?nds that interactive scenario-based) learning exercises are particularly well~suited for the teaching of the topic of use of force, to this particular population of students (that is, adult learners). While such interactive techniques are frequently used by WCPA staff, not all of them are documented (that is, they are not written down in the form of an instructor lesson plan, with particular learning objectives). 7) The WCPA utilizes a ?survival house? for the teaching of scenariOmbased, interactive training lessons. This facility consists of a trailer which is located on the grounds of the WCPA. 8) During their training recruits are instructed to seek ?cover? if possible when confronted with a person believed to be armed. ?Cover? is a position of relative safety behind an object which offers some protection from incoming gun?re. 9) WCPA provides police recruits with a total of 62.5 hours of ?interactive training? that involves the use of force and judgment situations pertaining to the use of force. This consists of role~playing, scenario~based lessons, individual and group problem-solving, etc. 10) The WCPA currently provides police recruits with a 26 hour ?active shooter? lesson, which focuses on the proper tactical response to incidents in which an armed person who has used deadly physical force on other persons and continues to do so while having unrestricted access to additional victims. 11) During the course of their academy training, recruits in the WCPA are not provided with a comprehensive student study guide (that includes the substance of all lessons). One is presently being prepared. 12) The Basic Course for Police Officers allocates a two (2) hour block for incidents involving ?off duty confrontations. The Panel ?nds this to be a particularly limited amount of time for such an important issue. 13) In the fall of 2006, during Recruit Training Session #122, a training module for the proper handling of off~duty confrontations was incorporated into the recruit training curriculum of WCPA. The current lesson calls for a half day of such training. 14) Based upon the foregoing, it appears that all police of?cers who have graduated from WCPA since Recruit Training Session #122 have been exposed to, and have 13 14 successfully completed, some form of recruit training concerning off-duty confrontations. 15) WCPA recruit training curriculum appears to be thorough in terms of the manner in which it addresses the use of force by police of?cers. 16) Upon graduation from WCPA, police recruits immediately report to their respective departments for continued training in the ?eld. The amount and type of ?eld training appears to vary, depending upon each department?s policy and practices. 17) There appears to be no standardized process for the selection, training, support and supervision of ?eld training of?cers among the various police departments in Westchester County. 18) The Panel ?nds that the role of the FTO is critical to and the shaping of of?cers? attitudes regarding the use offarce. Findings Regarding Iii-Service Training in Use of orce DPS provides in~service training primarily for its own of?cers and personnel. In addition to police recruit training, WCPA provides ?rearms training, as well as some specialized training for members of other police agencies within the county. Use of force training has been incorporated into program of annual ?rearms training. While police recruit training in Westchester County is standardized and appears to be in conformity with New York State guidelines, the various police departments in Westchester County do not presently have a uniform (in terms of schedule, content, method of delivery, etc.) process for providing in-service training to their police officers. The quantity and quality of in-service training being conducted by the various police departments in Westchester County appears to vary widely. Some agencies employ their own training divisions, whereas the smaller departments have only individual training of?cers. In?service training is driven by local departments and is not consistent. There is limited communication and little or no coordination of best training practices. WCPA is designated as the training coordinator for Zone #3 in New York. This puts WCPA in a unique position to identify, develop and rapidly disseminate current critical training topics. WCPA currently hosts several N.Y.S. training courses for Zone #3 police agencies, such as radar operation, breath test operation and instructor development. annual in-service ?rearms training, as well as recruit ?rearms training, utilize FATS technology. This technology provides many (123., hundreds) of discrete training situations/scenarios, all of which entail actual or potential use of force. 15 16 9) The ?rearms re~qualifrcation course that is presently offered at the WCPA ?rearms training facility does incorporate the issue/concept of obtaining ?cover.? 10) The FATS training system includes off duty confrontation scenarios which are used by WCPA. 11) The above-referenced training module on off~duty confrontations has not been incorporated as an on-going topic in the in?service training program. 12) There is wide variability in the types of weapons make, model, caliber and . color) being carried by police of?cers in Westchester County (both on and off duty). This is an obvious complicating factor in terms of identifying of?cers during any off-duty confrontation. 13) Various law enforcement agencies have no capability to communicate directly with one another by radio, which increases the potential for confusion and misidentification during dangerous encounters. 14) A training module dealing expressly with off-duty confrontations has been developed for in-service training, but after having been presented during one in-service training cycle it has not been made part of any recurring training. 15)N0tWithstanding the foregoing, a variety of issues, topics and procedures related to the handling of off~duty confrontations have been incorporated into the in- service training of DPS for many years. For example, the FATS training that has been utilized by the DPS for approximately ?fteen years has various interactive scenarios that deal directly with such situations. 16) In light of the two (2) previous ?ndings 14, 15), it appears that the off-duty confrontation training that is provided by the WCPA in its recruit school must be impeccable, since it can rapidly be diluted or dissipated upon graduation. l7)A training module (approximately 3.5 days) concerning ?active shooters? was incorporated into in~service training curriculum on or about April 2006. All members of DPS appear to have received this training. 18) DPS provides annual ?rearms training to its of?cers each year. This entails more than mere marksmanship training. An annual review of N.Y.S. Penal Law art. 35 (which governs the lawful use of physical and deadly physical force) is provided to DPS of?cers, as well as a ?legal update? of current case law governing an of?cer?s use of force. 17 Part II Recommendations Recommendations Regarding Guidelines, Policies and Available Resources Force Training The State of New York must immediately mandate annual ?rearms re- certi?cation/quali?cation for all police of?cers in the state. Such re-certi?cation and training should be conducted on a Training Zone basis. The state should also immediately develop procedures to ensure that such ?rearms re~certi?cation is completed by all police of?cers in New York State, each year. The State of New York should immediately mandate that all police departments in the state develop and follow a standard protocol for the proper handling of off- duty confrontation situations. The State of New York should immediately mandate that all police departments within the state provide access to both recruit and in?service training concerning the above-mentioned standardized protocol for the proper handling of off-duty confrontations. The Municipal Police Training Council should take a leading role in supporting the previous three recommendations. The Westchester County Chiefs of Police Association should similarly support these recommendations. The Westchester County Chiefs of Police Association should play a leading role in developing and supporting critical training efforts that transcend any one particular police agency (such as ?off-duty confrontations? training). 7) 8) 9) WCPA must be more effectively utilized to provide centralized in?service training to all police personnel (and police departments) in the county. Certain high? priority topics (such as the proper handling of ?off?duty confrontations?) must be presented in a uniform fashion, since they necessarily require a common understanding and a coordination of effort among the county?s various police agencies and their personnel. All police departments in Westchester County should implement and/or revise their policies and procedures to ensure that a uniform protocol for engaging in off-duty confrontations is established, taught, practiced, and periodically reviewed. All police departments within the county must develop a procedure or protocol for advising/warning responding police personnel that a ?shots ?red? or ?man with a gun? radio call could involve an off~duty member of the service. Perhaps dispatchers or reSponding patrol supervisors could be directed and required to immediately make such a statement to all responding units over all available radio frequencies. 10) Every effort should be made to standardize all radio codes for shootings used by all police departments Within the county. In other words, there should be a common understanding and common usage of the phrases ?man with a gun,? ?shots fired?, ?active shooter,? etc. 11)All law enforcement of?cers operating Within Westchester County should have access to a common radio frequency to provide seamless communication among various agencies. 12) The Use of Force Reports that are currently reviewed by SIU also require a formal, institutionally?directed evaluation from a training perspective. The General Orders of DPS should be revised to include the Director of Training as a 19 20 recipient of all Use of Force Reports. It is imperative that every effort is made to detect and identify all possible training de?ciencies or opportunities. By creating a more formal process for the review and evaluation of these reports, the department can ensure that it receives ongoing and timely feedback as to the relative effectiveness of its training regarding use of force. 13) DPS should consider developing a policy/process for formally recording all ?stop, question and frisks? conducted by its officers. This should include, at a minimum, the recording of: a) the name, address and description of the person stopped; b) the location Where the investigatory stop occurred; and c) the reason for stopping said individual. 1) 2) 3) 4) 5) Recommendations Regarding Recruit Training in Use of Force WCPA should continue to develop and immediately provide its recruits with a comprehensive student study guide which contains the substance of all lessons. The student study guide must be continually reviewed and revised, as necessary. WCPA must develop and utilize standardized lesson plans for all elements of recruit training. These lesson plans must be continually reviewed and revised, as necessary. Consideration should be given to expanding the length of tactical use of force training, such as FATS, survival house and simunitions training. Additional training days would permit broader use of scenario-based tactical training. This training should be timed to occur after standard ?rearms training and near the end of the recruit training cycle. WCPA must increase the total amount of time allotted for the teaching of the ?off- duty confrontation? 1esson(s). All recruits should participate in interactive, scenario-based exercises. These exercises should be conducted under realistic conditions in natural settings. Rather than relying merely upon traditional classroom lecture and the use of FATS technology, this training should be conducted in an environment that more closely resembles ?real world? locales, such as a ?tactical village? (See Recommendations Regarding In~service Training Use of Force, No. 7, below.) In order to accommodate the above recommendations regarding tactical use of force training (includingtraining in off~duty confrontations) the training staff at WCPA must be supplemented so as to provide adequate numbers of trainers both for recruit training and for in?service training. 21 22 6) During training in off-duty confrontations, every recruit should experience being both the confronting and the confronted of?cer. 7) In order to make these lessons as realistic as possible, and thereby enhance their effectiveness, simunitions (126., nonwlethal ammunition used for training) should be used. 8) The objective to obtain and maintain ?cover? must permeate recruit ?rearms training and must continually be practiced and reinforced. 9) The facility known as the ?survival house? must be substantially enhanced and more-extensively used in order to ensure that police recruits are provided a ?real- life? setting and context for many of most important interactive lessons regarding use of force. 10) When conducting the above-referenced lesson(s), WCPA must make every effort to utilize a demographically diverse cast of quali?ed instructors/role players. Indeed, it is critical to utilize trainers and role players of different gender, as well as, racial and ethnic backgrounds. 11) The pool of available recruit school trainers should be demographically diverse (that is, in terms of sex, age, race, etc.). WCPA should develop a policy and/or program for ensuring continued diversity among its instructional staff. 12) WCPA sta? should prepare and utilize formalized lesson plans for the above- referenced scenario~based lessons. These should include explicit learning objectives and a method of objectively assessing student performance. These lessons should be periodically reviewed and amended or altered as necessary. l3)A standardized graduation report should be developed for each recruit outlining areas of exceptional achievements as well as recommendations for further training and follow up by the local department employing the recruit. 14) WCPA should develop a standardized method of evaluating student performance during such lessons. Each scenario should include a formal discussion and debrief session at its conclusion. 15) The quantity and quality of police ?eld training (which takes place in the respective departments, according to their own specific policies and practices) must be standardized throughout Westchester County. 16) WCPA should develop a standardized program for the training and support of within all police agencies in the county. 17) DPS should require the following of agencies placing recruits in WCPA for recruit training: As a condition of sending one or more police recruits to the WCPA for training, each department must provide one FTO or (for larger departments) FTO instructor to WCPA for a one (1) day training course, which would include the latest updates on the use of force. 23 24 1) 2) 3) 4) Recommendations Regarding In-serviee Training Use of Force A ?Police Training Summit? should be immediately convened in Westchester County, whereby training of?cers ?om all police departments in the county can meet in order to determine the scope and details of a uniform off-duty confrontation protocol. This would also serve as an excellent opportunity to openly discuss all current training needs. The current process for providing in-service training to all police of?cers in the county must be critically re?examined. The Panel recommends that a Westchester County Training Advisory Committee be immediately created and charged with the task of developing a more uniform and effective means of presenting critically important lessons (that is, lessons that transcend any one agency, such as how to properly handle off?duty confrontations) to all police departments in the county. The proposed Westchester County Training Advisory Committee should serve as a standing committee, made up of the WCPA Director of Training and representatives from the community g, community leaders, educators, clergy, academics, etc.) and from various police departments throughout Westchester County. In addition, the Panel recognizes that a training advisory committee exists within the Westchester County Chiefs of Police Association. It is recommended that members of that group be included in the membership of the newly established Westchester County Training Advisory Committee. The committee should meet regularly and work closely with the Westchester County Chiefs of Police Association to critically review all police training occurring in Westchester County. In conjunction with the above recommendations, one member of the proposed Westchester County Training Advisory Committee should be designated as county-Wide Coordinator of Police In~Service Training. This individual would 5) 6) 7) work with the committee to generally support the development and implementation of in~service police training occurring in the various police departments in the county. This individual would also serve a public relations function by communicating ?equently with active and interested community groups about current issues and methods in police training. In addition, the Coordinator of Police In-Service Training should convene, on a regular basis, lead trainers for all police agencies in Westchester County to coordinate and communicate best practices regarding use of force training. The Westchester Police Training Advisory Committee should work closely with DPS to review and support all recommendations contained in this report. A ?train~the?trainer? program should be developed, whereby all departments would periodically send their training of?cers (perhaps semi-annually) to WCPA for mandatory Zone?based instruction. This would enable WCPA to provide trainers with a standardized lesson (in terms of content and format) and thereby ensure uniformity and coordination of effort for certain important lessons and topics. WCPA must have a greater capability for providing tactical training to police of?cers throughout Westchester County. An enhanced tactical training facility (or ?tactical village?) should be created and used for both recruit and in-service training. Such a facility would offer a more natural setting for tactical and scenario-based training (by utilizing realistic street scenes, mock residences, businesses, etc.) Such a facility would allow WCPA to expand the total amount of interactive training that it offers (by including realistic settings for training regarding the proper handling of emotionally disturbed persons, domestic disputes, vehicle stops, etc.). These scenarios would be revised/altered on an on- going basis. The facilities presently available to WCPA (such as the ?survival house?) are obviously not suf?cient for current training needs. 25 8) The Panel recommends that the enhanced tactical training facility referred to above be made readily available to personnel from all police agencies within the county. 9) Regardless of whether the above-referenced new training facility is built, DPS should mandate that all of its of?cers participate in one (1) additional day of tactical in-service training each year. This training should be in addition to required firearms and legal update lessons. 10) Off?duty confrontation training must be formally incorporated into the regular periodic or on?going in-service training of all police departments in the county. standardized stand-alone in-service training module on the proper handling of off-duty confrontations must be developed and provided to all police of?cers in all police departments in Westchester County. The Panel further recommends that such training be provided periodically (ag, every two (2) years). The Commissioner of Public Safety should establish the exact training schedule. 12) The above-referenced standardized stand-alone in?service training module on off- duty confrontations should be entirely consistent (in terms of substance and method) with the recruit training lesson on this topic. In other words, there should be one (1) standardized training lesson pertaining to off?duty confrontations for all police of?cers in Westchester County. It is also recommended that police recruits at WCPA receive this training as soon as is practicable after their initial appointment as police of?cers. 13) Due to the critical nature of the communication between the confronting and confronted police of?cers that occurs during off-duty confrontations, the above? referenced training module should explicitly provide all appropriate and professional verbal commands and their responses. Of?cers receiving said 26 training should be carefully reviewed and graded on their ability to use professional language. 14) The afore-mentioned training should be made available to other (non-police) law enforcement agencies operating within the con?nes of Westchester County (such as members of the County Department of Probation, Department of Correction, etc.). By ?available? the Panel means, without limitation, making the facilities and resources of WCPA available for the training of such personnel. Should such a program of training be ?scally or logistically unfeasible, WCPA could make its staff e. instructors) available for off-site instruction. At the very least, a standardized lesson should be made available to these other agencies (via video, CD, or other media) for use in their own training curricula. 15) An effort should be made to coordinate the above-referenced training with state and federal agencies that operate within the con?nes of Westchester County g, State Police, Court Of?cers, FBI, etc.) 16) Off?duty confrontation training should be offered to retired law enforcement of?cers residing or working in Westchester County. 17) The standardized stand?alone in-service training module on off-duty confrontations, or some version or portion thereof, should be made available to all 911 operators and police dispatchers employed within Westchester County. 18) The standardized stand-alone in?service training module on off?duty confrontations that is delivered at WCPA (via both recruit and in-service methods) must be interactive. That is, at a minimum, such training should be ?hands on? and should entail the use of live actors, role playing, well~scripted scenarios and simunitions or some other technology to place the student?of?cer in as realistic a setting as possible. All of?cers who undergo this training must be compelled to participate as both the confronting and the confronted of?cer. All 27 should experience how to pr0perly identify themselves, issue and respond to verbal commands, safeguard their ?rearms, etc. 19) The standardized stand?alone in-service training module on off~duty confrontations that is delivered at WCPA must be videotaped, to facilitate a thorough analysis and debrie?ng of student of?cers upon completion of the lesson. 20) The standardized stand-alone in?service training module on off-duty confrontations should utilize quali?ed training of?cers from all of the various police departments in Westchester County. 21) An effort should be made to select and utilize a demographically diverse group of trainers for this particular training module. It is recommended that police fraternal and line organizations be utilized in order to ensure that a diverse group of trainers is made available. 22) Written benchmarks should be developed to ensure diversity among regular course instructors and interactive training participants. 23) WCPA should consider the possibility of using a pool of trained civilian actors as participants in the off-duty confrontation training, and/or any other interactive training that WCPA deems appropriate. The Panel suggests outreach to local colleges and community groups for appropriate participation in training exercises. This Will assist in the efforts to bring greater diversity to the training program, as well as to cultivate heightened community sensitivity among the of?cers. 24) WCPA should consider using personnel narratives as a means of conveying the importance of prOperly handling off-duty confrontations. The Panel suggests that of?cers who have been confronted in the past should relate their experiences (in person or via videotape) to their fellow of?cers during both recruit school and in? 28 service training lessons regarding this topic. The group of of?cers utilized in this manner must be demographically diverse (that is, in terms of sex, age, race, etc.). (For example, an of?cer in civilian'attire could address the class and relate both how the particular confrontation(s) transpired, and re??enforce what proper procedures and professional expectations require on the part of all participants.) 25) WCPA should be provided with suf?cient funding and resources to serve as a centralized innservice training facility for the entire county. This would require the development of standardized lessons and curricula that could be distributed throughout the county and delivered either at WCPA or at the respective police departments by properly trained training of?cers. At the very least, the above- described train??the?trainer program should be developed to ensure a mechanism for the timely and effective ?roll-out? of all necessary training lessons throughout all police departments in the county. 26) Annual ?rearms training must continue to incorporate both pro?ciency and tactical decision making components through the use of the Firearms Training Facility and FATS technologies. 27) After having thoroughly reviewed the training materials provided by WCPA, as well as its available resources and facilities, the Panel recommends that a further, continued emphasis be placed upon the need for of?cers to obtain and maintain cover in all situations involving the use or threatened use of ?rearms and/or deadly physical force. All such training should be interactive and fairly repetitive. 28) WCPA and DPS should maintain an awareness of the interactive effects of training. In other words, if a new training module is introduced the ?active shooter? lesson), it should be examined in context with other lessons, as it might supplement or differ from previous lessons or directives. In such a case, every effort should be made during the new lesson to review all prior related 29 procedures, lessons and guidelines to provide additional clarity. Training developers should always take a comprehensive view of their curriculum. 29) WCPA must play a role in the administrative review of ?rearms discharges and deadly physical force incidents involving police of?cers throughout Westchester County. As the provider police recruit training regarding the use of deadly force to nearly all police of?cers in the county, it is essential that WCPA, as soon as is practicable, be actively involved in order to immediately identify training Opportunities. 30) WCPA should convene a panel of experts to actively seek the latest information regarding the use of force and to incorporate said information into recruit and in-service training curricula. 31) DPS must develop a more formalized process for the review and analysis of all Use of Force Reports? that are prepared by its personnel. Speci?cally, it should direct that Director of Training (or her designee) receive and review all such reports, for the purpose of identifying possible training opporttmities. Identi?cation of tactical issues in this process can be incorporated into future training courses and will strengthen this training and better prepare of?cers in both entry and in?service stages. 32) The Municipal Police Training Council should take a leading role in supporting these recommendations. 33) The Westchester County Chiefs of Police Association should similarly support these recornrnendations. 30 By submission of this report, the Panel has its obligations and completed its charge. It should be noted that, While the Panel is being hereby dissolved, its members will make themselves available to advise the DPS in its efforts to implement these recommendations and enhance the overall level of public safety in Westchester County. Submitted this 9th day of May, 2008. 72/2194 Paul E. O?Connell, Chair Larry Brow Piero Olcese ?5 {Av/gr I 7 James E. McCabe ?Terrance Raynor 31 Appendix Andrew J. Spano County Executive Department of Public Safety Thomas Bel?ore Commissioner! Sheriff March 14, 2008 Dr. Paul O?Connell Chair Criminal Justice Department Iona College New Rochelle, New York 10801-1890 Dear Dr. 0? Connell: I would like to thank you and each member of the training review Work group for agreeing to serve the people of Westchester County and the entire Westchester law enforCeInent community. Speci?cally I am aSlcing the work group to undertake a comprehensive review of Use of Force training taught at the Zone 3 Training Academy.- The scope of the review should include training I of any type involving the deployment of any type of physical force by police of?cers. The work group should then prepare a written report containing its ?ndings and any based thereupon. The Work of you and your colleagues on the work group is extremely important to the law enforcement Community. I therefore ask that you complete your review and submit your report Within 60 days following the group?s ?rst meeting on March 10,2008. Sincerely, DEPARTMENT OF PUBLIC SAFETY Westohes County Police Thomas Beliiore Commissioner?Sheriff A New York State Accredited Law Enforcement Agency Saw Mill River Parkway Hawthorne, New York 10532 Telephone: (914)8644700 Website: westchestergovcom Appendix Request(s) for Information: March 11, 2008 1) 2) 3) 4) 5) All materials related to New York State guidelines, governing and regarding ?use of force training? for police personnel. All materials expressing and relating to the Westchester County Police Department?s (the ?Deparnnent?s) guidelines/policies/procedures regarding ?the use of force? by police personnel. All materials currently used by the Department regarding ?use of force training for police personnel.? This request includes, but is not limited to the following: lessons, ?lms, other media and equipment. The Panel would also request that the Department make available one or more members of the Department (its employees and/or agents) to fully describe the above-reference guidelines and training. For the purposes of this request, ?use of force? shall include, without limitation, deadly physical force as well as all lesser uses of force other than mere presence. In addition, materials should not be limited to matters dealing solely with the use of force, but also such materials which relate to the use of force in the context of other issues, e. g, responding to cases of domestic Violence, emotionally disturbed persons and confrontation situations. Appendix 0 Standard 20.1 the agency has a written directive that requires personnel to use only the force necessary to effect lawful objectives consistent with Article 35 of the NYS Penal Law: (3.0. 1.03 (1/1/1992) 0 Standard 20.4 The agency has a written directive regarding the discharge ofwarning shots: G.O. 1.03 (1/1/1992) 0 Standard 20.6 The agency has a written directive regarding the use of less- than-lethal substances and devices by agency personnel: G.O. 1.08 1.09 1 1992) a Standard 20.7 The agency has a written directive requiring submission of a written report whenever an of?cer takes an action that results in injury or death of another: G0. 1.10 (9/10/1992) 0 Standard 21.1 The agency has a written directive to document, review and diSpose of any incident wherein an officer discharges a ?rearm: G0. 1.11 (6/24/1993) 0 Standard 32.1 The agency requires all sworn personnel complete the basic course for police of?cers. See comments above on WC Police Academy training requirements. 0 Standard 32.2 The agency requires that of?cers satisfactorily complete the basic course of instruction in the use of deadly physical force and ?rearms. See comments above on WC Police Academy training requirements. 0 Standard 33.1 The agency requires that all sworn personnel receive at least 21 hours on in?service training annually. This training includes, at a minimum, ?rearms training, and use of force and deadly physical force.