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HomeMy Public PortalAbout2021-02-26 WPD Use of Force Policy_ongoing changes Jan 2021Watertown Police Dept. Working Document, Use of Force Policy Changes June 24t', 2020 -Officers will experience stress as a natural reaction to encounters with volatile and noncompliant individuals. Training will lessen the liklihood of errors in judgement due to stress however it will not eliminate errors in all cases. Accordingly, each sworn Officer, regardless of rank has a responsibility to intervene when another Officer, regardless of rank is observed in violation of this policy. Immediate intervention to prevent unnecessary harm to an individual will be required. Prompt notification to a superior Officer will also be required. -DE-ESCALATION EFFORTS: Police Officers will inevitably encounter dangerous and noncompliant individuals that must be taken into custody as required by legal mandate and/or public safety needs. All Officers have a responsibility to de-escalate potentially volatile encounters if reasonable and safe options are available. An Officer's intent should be to lessen the likelihood of a physical confrontation that may result in injury to the arrestee and the Officer alike. Understanding that human behavior is often unpredictable, Officers are encouraged to take the following actions if a confrontation can reasonably be anticipated; 1. Present in a professional and respectful manner 2. Reassess to determine if an on -scene arrest is necessary 3. Be patient and do not set a time limit within which the arrest must occur 4. Practice active listening skills and display empathy 5. Summon additional Officers to the scene 6. Practice tactical positioning and control of the scene 7. Ensure less lethal tools are on scene October 20th, 2020 A) Choke Hold — A physical maneuver that restricts an individual's ability to breathe for the purposes of incapacitation. Most commonly by placing a forearm across the front of an individual's neck and applying pressure. B) Vascular neck Restraint - a technique capable of incapacitating an individual by restricting the flow of blood to the brain. C) Positional Asphyxia — Can occur when a person's body positioning prevents the individual from breathing adequately. Police officers may use lethal deadly force in accordance with the MPTC Use of Force Model, in defense of human life where an officer reasonably possesses a lethal threat perception and the perceived subject's actions could cause serious bodily harm or death to the officer or others. An officer may also use lethal force to prevent the escape and effect the arrest of an individual whom the officer has probable cause to believe has committed a felony involving the use, attempted use or threatened use of lethal force and whom the officer reasonably believes will cause death or serious physical injury if apprehension is delayed. 1. Choke Holds and Vascular Restraints: Use of these techniques to subdue an individual are inherently dangerous and can easily result in serious bodily injury or death. For this reason, their use is not included in M.P.T.C. training curriculum. These methods shall only be used when an officer perceives an imminent risk of serious bodily harm or death and the need to defend human life. 1. Warning shots must have a defined target and not be directed into the air. In an effort to minimize pain and suffering and further injuries, officers shall as soon as possible render first aid to individuals injured as a result of the use of force. Appropriate emergency medical transportation and treatment shall be obtained as appropriate and necessary. Prompt monitoring of a prisoner to protect against positional asphyxia is required This includes treatment of injuries from lethal weapons, non/less than lethal weapons, weaponless tactics and any other incidents. (1.3.5) Appropriate medical aid does not necessarily mean having the injured person immediately evaluated at a medical facility. It could include observation and monitoring of conditions, flushing chemical agents from the eyes, applying first aid, evaluation by paramedics, etc. January 6th, 2021 "An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth" was made effective December 31St, 2020. The bill established M.G.L. Chapter 6E Section 14 which authorizes police use of force in deadly and non -deadly force encounters: A) M.G.L.Chapter 6E Section 14(a): When de-escalation is not feasible or has failed, an officer may use the force necessary to: • Conduct a lawful arrest or detention; • Prevent an escape from custody; • Prevent imminent harm when forced used is proportionate to the threat; or • Accomplish other objectives that may be established by the MPTC B) M.G.L. Chapter 6E Section 14(b): When de-escalation is not feasible or has failed, an officer may use Deadly force to prevent imminent harm to a person, provided the amount of force used is proportionate to the threat. Officers will experience stress as a natural reaction to encounters with volatile and noncompliant individuals. Training will lessen the liklihood of errors in judgement due to stress however it will not eliminate errors in all cases. Accordingly, each sworn officer, regardless of rank has a responsibility to intervene when another officer, regardless of rank is observed in violation of this policy. Immediate intervention to prevent unnecessary harm to an individual will be required. Prompt notification to a superior officer will also be required. M.G.L. Chapter 6E Section 15(a) requires this intervention, unless the intervention would result in imminent harm to the officer or another individual. M.G.L. Chapter 6E Section 15(b) requires that the intervening officer report the incident. M.G.L. Chapter 6E Section 15(c) requires that the reporting process protects the intervening officer from retaliation. DE-ESCALATION EFFORTS: Police officers will inevitably encounter dangerous and noncompliant individuals that must be taken into custody as required by legal mandate and/or public safety needs. Per M.G.L. Chapter 6E Section 14, all officers have a responsibility to de-escalate potentially volatile encounters if reasonable and safe options are available. An officer's intent should be to lessen the likelihood of a physical confrontation that may result in injury to the arrestee and the officer alike. Understanding that human behavior is often unpredictable, officers are encouraged to take the following actions if a confrontation can reasonably be anticipated; 1. Present in a professional and respectful manner; 2. Reassess to determine if an on -scene arrest is necessary; 3. Create distance between officers and the threat; 4. Be patient and do not set a time limit within which the arrest must occur; 5. Practice active listening skills and display empathy; 6. Use verbal pursuasion; 7. Summon additional officers to the scene; 8. Summon additional resources (clinicians and EMS) 9. Practice tactical positioning and control of the scene; 10. Ensure less lethal tools are on scene 2. Choke Holds and Vascular Restraints: Use of these techniques to subdue an individual are inherently dangerous and can easily result in serious bodily injury or death. For this reason, their use is not included in M.P.T.C. training curriculum. Per M.G.L. Chapter 6E Section 14(c) officers shall not use a chokehold. These methods shall only be used when an officer perceives an imminent risk of serious bodily harm or death and the need to defend human life.