GARFIELD COUNTY SHERIFF’S OFFICE
POLICY / PROCEDURE
DETENTION
SUBJECT: USE OF FORCE
EFFECTIVE DATE: February 10, 2007
POLICY:
Garfield County Sheriff’s Office Detention Deputies will use the minimum
amount of force necessary to compel compliance in accordance with State
and Federal law.
PURPOSE:
To ensure that deputies use the appropriate level of force necessary in
the performance of their duties.
DEFINITIONS:
- Physical Force: Any degree of physical force exceeding verbal
persuasion.
- Non-Lethal Force: Physical force and/or non-lethal weapons that
are of a non-deadly nature or that normally do not result in serious
bodily injury or the death of a subject.
- Intermediate Weapons: Authorized non-lethal weapons for use,
including, but not limited to:
- Chemical Irritants
- Impact Weapons
- Electronic Restraining Devices
- Other non-lethal weapons as defined by the Sheriff’s Office and
consistent with individual/team training.
- Lethal Force: The intentional use of force which can cause death or
serious bodily injury or which creates a degree of risk that a
reasonable and prudent person would consider likely to cause death or
serious bodily injury.
- Excessive Force: Any physical force which exceeds the degree of
physical force permitted pursuant to 18-1-707 C.R.S. The use of
excessive physical force shall be presumed when an officer continues to
apply physical force in excess of the force permitted by section
18-1-707 C.R.S. to a person who has been rendered incapable of resisting
arrest.
METHOD: The use of force is sometimes necessary in the detention environment for
justifiable self-defense, protection of others, protection of property,
and prevention of escapes. Use of force is to be used only as a last
resort and never as punishment. Force should be employed only to the
degree necessary to control the offender(s) or restore order to a
disruptive group with a minimum of harm to both staff and the offender(s).
Whenever practical, a deputy of the same gender will be involved in
forced cell moves and other applications of force, so that at least one
deputy of the same gender as the offender is present to observe the
incident.
The Garfield County Sheriff’s Office adheres to a use of force policy
that follows a progressive continuum scale. As a general rule, the
deputy will follow the listed steps in sequence in the escalation and
de-escalation of force. Whenever possible or practical, initial attempts
to control a subject shall be made through verbal means. However, in
situations where physical resistance or a threat of bodily injury is
encountered, and/or reasonable alternatives to physical force have
failed, physical force many be used. It is not mandatory to follow in
sequence each step in every situation. Deputies must be able to
articulate the basis for the amount of force used and how that force
relates to the progressive continuum. The application and degree of such
force shall be consistent with Colorado Revised Statutes (18-1-701 thru
18-1-710 C.R.S.), Sheriff’s Office standards and the member’s training.
No Deputy shall use any level of force without first successfully
completing any and all required training in that level of force used.
Use of Force Continuum: • Deputy Presence and bearing in which Deputies present themselves in
uniform • Use of verbal skills in which Deputies control a situation by
communicating verbal instructions • Application of Physical Force without the use of Intermediate Weapons • Application of Intermediate Weapons used together with verbal
instructions to gain compliance in a non-lethal manner • Application of Lethal Force
Care and Treatment: After force has been used against an
offender, the offender will be examined by medical staff and receive any
necessary treatment as soon as safely possible, including the
opportunity to shower when chemical irritants were used.
Reporting Requirements: A Detention Supervisor will immediately
be notified when any type of force is used above the level of verbal
compliance. A written report prepared by the deputy involved will be
completed no later than the conclusion of that shift. The report will
include the following: • An account of the events leading up to the use of force • An accurate description of the incident and the reasons for using
force • A description of the intermediate weapon used, if any, and the manner
in which it was used • A description of the injuries suffered, if any, and the treatment
given or received. • A list of all participants and witnesses to the incident
Restraint Chairs: Restraint chairs are a necessary tool used in a detention facility to
secure an inmate that creates a situation where he/she is a danger to
themselves or others. The use of a restraint chair to immobilize an
inmate does not constitute Use of Force. Rather, a necessary level of
force may be used in order to place an inmate in a restraint chair. When
an inmate is placed in a restraint chair, the proper use and necessary
monitoring shall be applied in accordance with the manufacturer’s
suggested use and training.
Duty to Report Excessive Use of Force: In accordance with
18-8-802, C.R.S.: A peace officer who, in pursuance of such officer’s
law enforcement duties, witnesses another peace officer, in pursuance of
such other peace officer’s law enforcement duties in carrying out an
arrest of any person, placing any person under detention, taking any
person into custody, booking any person, or in the process of crowd
control or riot control, use physical force which exceeds the degree of
physical force permitted pursuant to section 18-1-707 C.R.S. must report
such use of force to the officer’s immediate supervisor. |