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Use of Force Reporting & Accountability Policy

Please review these for the July 9th CAP Meeting

The following attachments include the:

- Policy 304 UOF Reporting and Accountability (RAP) 

-RAP Policy Presentation

-Use of Force Reporting Policy Guide

-UOF Presentation by Lt. Chris Bagby https://youtu.be/Wk4AbEdXqHI

 

 

 

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in reply to Charles's comment
A witness officer will know the primary officer failed to report the use of force if they observe the incident and see that no supervisor has been notified or no report has been completed. The witness officer is then required to report this failure themselves.
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in reply to Charles's comment
The terms “primary officer” and “handling officer” are not always interchangeable, though they can sometimes overlap in function.
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in reply to Charles's comment
A four-day limit is not feasible due to the work week, holidays, and files received at the end of a work week or on days off. These factors can extend the review period beyond four days, making a flexible timeline more practical to ensure thorough and accurate reviews without ensuring failure of policy compliance by virtue of a system that lacks the flexibility of its interacting environment.
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in reply to Charles's comment
At the Captain’s level of review, using "generally" allows for flexibility, accommodating unforeseen delays while maintaining an eight-working-day standard. This balance ensures thoroughness without rigid deadlines
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in reply to Charles's comment
Officers must write independent reports detailing their actions, observations, and involvement in using force, ensuring objectivity, accuracy, and accountability.
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in reply to Charles's comment
The word "contact" in California law enforcement describes neutral interactions between officers and individuals, regardless of the situation's formality. Over time, it replaced more charged terms like "stop" or "detain" to avoid assumptions of guilt or suspicion. "Action could imply intent or force, which contrasts with the neutrality that "contact" provides. Therefore, "contact" remains better suited for capturing a wide range of interactions without bias or connotation.
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in reply to Charles's comment
Supervisors conduct separate interviews with subjects against whom force was used to ensure objectivity, prevent biased or conflicting narratives, and gather a complete picture of the incident. This process helps document both perspectives accurately, safeguards the investigation's integrity, and protects against legal challenges by maintaining fairness and transparency.
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in reply to Charles's comment
The term "subject" is used to describe individuals involved in an incident, particularly when law enforcement seeks to avoid prejudicial terms like "suspect" or "offender" before determining criminality. It helps maintain objectivity and neutrality in police reports.
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in reply to Charles's comment
Paragraph (f) is crucial because it ensures that issues identified during inspections are addressed through retraining. While the Quality Assurance Unit handles inspections, the Training and Logistics Division will implement the necessary retraining to correct deficiencies and improve practices. The Quality Assurance Units role is to ensure not only that retraining occurs but that the entire process maintains integrity. It maintains oversight over the retraining decisions, the execution, and those responsible for the inspection and remediation processes.
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Suggestion
change "leads" to leading.
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Question
It is unclear how paragraph (f) fits into this section as it appears to not be a function related to the Quality Assurance Unit.
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Question
What does the word "subject" refer too?
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Suggestion
Why not simply state that the report shall be completed withing four working days of receipt?
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Suggestion
Change to: "If a recorded interview was conducted, it should be documented..."
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Question
Is the use of separately necesary?
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Question
The word contact can mean both a person or a physical connection. Might the word "action" better suit the statement?
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Suggestion
This seems reduntant to point 2 above.
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Question
Is collaboration permitted in the completion of these reports?
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Question
the word generally is vague and subjective. Should a stronger word or clear limit be used instead?
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Suggestion
Add a period at the end of this sentence.
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Suggestion
eliminate the word "and"
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Question
Would the four day limit cover all of these possible delays and simplify the policy?
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Suggestion
use periods consistently in the proceeding sub-points.
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Suggestion
eliminate the phrase "or tjhe lack thereo"
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Suggestion
Consider using the word "complys" instead of comports in this sentence.
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Question
Is the term primary officer and handling officer interchangeable?
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Suggestion
delete the word "as"
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Suggestion
add some commas.
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Question
How does a witness officer know that the primary officer has failed to report the use of force?
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Suggestion
304.3 First paragraph, final sentence: I suggest a rewording to read: ...when appropriate, corrective action is taken to address any non-compliance in the use of force application and/or reporting policy.
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Suggestion
304.2.2 paragraph (e) opportunity to comply after the notice was issued and (prior to the use of force.) If no verbal warning was given...
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Suggestion
I would suggest that any contact between a canine and a subject should be reported even if there is not bite or injury.
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Suggestion
304. Last Paragraph, final sentence The Department expects to (gain the communitys confidence and trust by consistently demonstrating) that officers only use force...
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Suggestion
I would recommend the addition of one or two “outside” professionals be added to the workforce group to help evaluate and develop training as it pertains to use of force. The outside professional could be a psychologist, or educator that could provide alternative perspective or review/research best practices in use of force. Outside professionals can provide different perspectives and give the department different tools to address issues that may arise.
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