Use of Force Policy August 9, 2018 Denver Police Department CONNECT WITH US 311 I DENVERBW DENVER PUBLIC SAFETY Slide 1 of 15 Timeline Shooting at Moving Vehicles • June, 2015 Decision Making Model and De-escalation • August, 2016 Initial Draft Policy Public Meetings • January, 2017 & Online Feedback • Jan/Feb, 2017 Community Committee Formed • April, 2017 Policy Finalized Transitioning to Training • August, 2018 Slide 2 of 15 Policy Goals • A clearly stated philosophy • Guidelines that increase accountability • A policy that goes beyond the Graham v. Conner ruling. “Just because an officer can use force, does not mean an officer should use force” • Utilizes de-escalation principles to increase public and officer safety Slide 3 of 15 Participants and Stakeholders • Community Committee • • • • • • • • • • • Denver Justice Project ACLU Ministerial Alliance Together Colorado Colorado Latino Forum Denver City Council and City Attorney’s Office And other valued stakeholders DPD Planning, Research and Support Section DPD Training Division Denver Police Organizations DPD Senior Command Staff Slide 4 of 15 Policy Comparisons Based on PERF Best Practices for Use of Force Policies Goes beyond Critical Graham v. DecisionDe-escalation Making Model Sanctity of life Connor Denver IACP Policy Austin Boston Charleston (SC) Char-Meck (NC) Houston Kansas City (KS) Las Vegas Louisville Philadelphia Portland San Diego Seattle X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Duty to Intervene Duty to render first aid Shooting at vehicles X X X X X X X X X X Request aid X Request aid X X X Prohibit Reviewed by deadly force specially when only a trained danger to self personnel X X X X X X X X X X X X X X X X X X X X X X *outside agency policies were reviewed in 10/2016 Slide 5 of 15 Denver Police Department Decision Making Model lEtollerct Information REVIEW and reassess AUTHORITY REASONABLE NEG ESSARY ?l department an avail?le options COLLECT INFORIIATIOH: . When possible. slow the situation with a calm. centered, respectful. and con?dent presence. Gather any and all information within practical limitations. Con?rm that police service is warranted and within the control and ability of department personnel to address. ASSESS THE SITUATION. THREATS. AND RISKS: Use available resources to make the immediate area safe or provide assistance as needed. Look for things that may explain the situation. If time permits. attempt to identifyr the root cause and avoid decisions based on inadequate information. Avoid iudgmental or damaging statements. Assess the and benefits of taking a police action. CONSIDER DEPARTMENT AND AVAILABLE OPTIONS: Develop options based on available Information, ethics, values, and policy. Examine the feasibility, effectiveness, and consequence of each action and evaluate as necessary. TAKE ACTION: .- From the identi?ed options, apply the most reasonable and viable course of action. Continually assess effectiveness. and when possible. develop contingencies. The sanctity of human life is paramount. 7 REVIEW AND REASSESS: 5. Assess the outcome and consider whether the issue was addressed andlor vr corrected. If not, start over and consider the following: Is new information available? Was the initial assessment accurate andi'or was information missing? Is there a more appropriate and reasonable option? "a DENVER pusuc mm CONNECTWITH us 311 I moment I DENVERGDV.DRG I DENVERSW Slide 6 of 15 Select Examples of Community Committee Inclusions Over 100 committee recommendations adopted or partially adopted in the Use of Force policy and associated policies. Slide 7 of 15 Purpose 105.01 (1): The Denver Police Department’s objective is to deliver high quality public safety services. The department recognizes the value and sanctity of all human life and is committed to respecting and protecting the dignity, safety, and civil rights of community members, including the right to be free from inappropriate force. Officers may, at times, be required to make forcible arrests, defend themselves or others, and overcome resistance. The department’s goal for the protection of both officers and the community is that officers should attempt to use non-force alternatives, including de-escalation, when time and circumstances permit. When needed, officers must use only the amount of force reasonable and necessary under the totality of the circumstances to safely accomplish a lawful purpose. White text – Committee Language Grey text – Edits by Denver Police Department Slide 8 of 15 Reasonable and Necessary Committee Recommendation: “The recommended use of declaratory statements in place of questions for the definition of “reasonable and necessary.” Policy: Department personnel are guided by the DPD Decision Making Model referenced in OMS 101.01 and must ensure that any force they use is reasonable and necessary under the totality of the circumstances. The following definitions apply specifically to the use of force policy, see OMS 101.01 for a full description: Authority The legal authority or mandate to act. Reasonable Actions should be generally consistent with what a trained officer would do under similar circumstances. Necessary The intended action is required based on the circumstances and will only consist of the amount of force needed to safety accomplish a lawful purpose. Slide 9 of 15 Type vs. Amount of Force Committee Recommendation: “The recommendation that the standard address the degree of force by authorizing, “only the amount of Force necessary to safely accomplish a legitimate law enforcement objective.” Policy: The policy has been adjusted to reflect the following: “When needed, officers must use only the amount of force reasonable and necessary under the totality of circumstances to safely accomplish a lawful purpose.” See full list of force and control options and factors to consider for their use in OMS 105.02(5) Further, OMS 105.02(1) specifies that: “When applying force and control options, the initial application, and each subsequent application, must be individually reasonable and necessary under the totality of circumstances.“ Slide 10 of 15 Changes Consistent with Training: OMS 105.02(3)e.1 - Force and Control Options The RIPPTM.leg restraint device is not to be attached to an arrestee’s handcuffs and will be utilized and applied in accordance with the Arrest Control Manual. OMS 105.04(4)e. – Shooting By/And or of Police Officers Assign a supervisory officer to sequester and transport the involved officer to headquarters and remain with him/her until relieved. Officers and supervisors will not review the officer’s BWC video. Slide 11 of 15 Training PUBLIC SAFETY CONNECT WITH US 311 I I DENVER 8W We, DENVER Slide 11 of 15 Training - 2018 • All officers will receive 8 hours of training prior to implementation of the policy • Sergeants will receive an additional 4 hours of training to address investigative procedures. • Training will be conducted in a phased approach for each district and division Slide 12 of 15 Training - 2019 • A more in-depth training will occur utilizing DPD’s sophisticated VirTra video/scenario based simulator. • Customized video simulations will be developed in conjunction with the Police Academy, Internal Affairs, and the City Attorney’s Office to provide realistic and relevant immersive training. Slide 14 of 15 DENVER PUBLIC SAFETY CONNECT WITH US 311 PDCKETGUV DENVERBW Slide 15 of 15