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2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 137D - Exhibit D - 2016 Policies
Policy 308 Fort Collins Police Services Policy Manual Control Devices and Techniques - 102 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC Control Devices and Techniques 308.1 PURPOSE AND SCOPE This Policy provides guidelines for the use and maintenance of Agency-issued control devices. 308.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Agency authorizes officers to use control devices in accordance with the guidelines in this Policy and the Response to Resistance Policy. 308.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Agency or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets. 308.3.1 PROHIBITED ITEMS Only batons issued or approved by the Agency may be used. The following similar items are specifically prohibited for use by officers: (a) Saps, slaps, Billy clubs, and other similar type items; (b) Sap gloves and other similar type weighted items; and (c) Wrist claws, vices, and any other type of twisting or pressure items. 308.4 RESPONSIBILITIES 308.4.1 TRAINING SERGEANT RESPONSIBILITIES The SWAT Commander may authorize the use of additional control devices for the SWAT Team who have successfully completed the required training. 308.4.2 INVENTORY AND CONTROL The Training Sergeant shall control the inventory and issuance of control devices and shall ensure that damaged, inoperative, outdated or expended control devices are properly disposed of, FCPS 0024 Fort Collins Police Services Policy Manual Control Devices and Techniques Control Devices and Techniques - 103 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC repaired or replaced. The SWAT Commander has the same responsibility for additional devices issued to SWAT Team members. Control devices will be periodically inspected by the Training Sergeant or the designated instructor for a particular control device. The inspection shall be documented in Agency training files. 308.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Training Sergeant for disposition. 308.5 BATON GUIDELINES The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. Officers are required to carry an Agency-approved police baton while in uniform. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor. 308.6 CHEMICAL AGENTS GUIDELINES Chemical agents may be used for crowd control, crowd dispersal or against barricaded suspects. Supervisors and Swat Team members who have been appropriately trained may authorize the delivery and use of chemical agents only after evaluating all conditions known at the time and determining that such force is reasonable. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of chemical agents to assist if needed. 308.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public. 308.7.1 OC SPRAY Uniformed personnel will carry OC spray on the equipment belt. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. FCPS 0025 Fort Collins Police Services Policy Manual Control Devices and Techniques Control Devices and Techniques - 104 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC 308.7.2 PEPPER PROJECTILE SYSTEMS Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel deploying a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Policy 300 - Response to Resistance. Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect with sights on target, whether or not the launcher was used. Accidental discharges shall be promptly reported to a supervisor and documented on the appropriate report form. Only non-incident use of a pepper projectile system, such as training and product demonstrations, is exempt from the reporting requirement. 308.7.3 TREATMENT FOR EXPOSURE Persons who have been sprayed with or otherwise affected by the use of chemical agents should be promptly provided with clean water to cleanse the affected areas, when practicable. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 308.8 POST-APPLICATION NOTICE Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, officers should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that clean up will be at the owner’s expense. Information regarding the method of notice and the individuals notified should be included in related reports. 308.9 KINETIC ENERGY PROJECTILE GUIDELINES This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. 308.9.1 DEPLOYMENT AND USE Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. FCPS 0026 Policy 322 Fort Collins Police Services Policy Manual Search and Seizure - 162 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC Search and Seizure 322.1 PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This Policy provides general guidelines for Agency personnel to consider when dealing with search and seizure issues. 322.2 POLICY It is the Policy of the Agency to respect the fundamental privacy rights of individuals. Officers of this Agency will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this Agency will comply with relevant federal and state law governing the seizure of persons and property. In accordance with the Training Policy, the Agency will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate. 322.3 SEARCHES The U.S. Constitution generally provides that a valid warrant is required for a search to be valid. There are, however, several exceptions that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: •Valid consent; •Incident to a lawful arrest; •Legitimate community caretaking interests; •Vehicle searches under certain circumstances; •Exigent circumstances; •Evidence or contraband found in Plain View; •Certain searches of persons after reasonable suspicion; and •The application of Police Narcotics Detection Dogs. Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of found or abandoned property, and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each employee of this Agency is expected to act in each situation FCPS 0027 Fort Collins Police Services Policy Manual Search and Seizure Search and Seizure - 163 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC according to current training and his/her familiarity with clearly established rights as determined by case law. Whenever practicable, officers are encouraged to contact a supervisor or the City Attorney or the District Attorney to resolve questions regarding search and seizure issues prior to electing a course of action. 322.4 SEARCH PROTOCOL Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit: (a)Officers will strive to conduct searches with dignity and courtesy. (b)Officers should explain to the person being searched the reason for the search and how the search will be conducted. (c)Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition. (d)In order to minimize the need for forcible entry to a premise, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. (e) Arrest and search warrants may be executed by sworn officers only. Officers must comply with all statutory provisions, case law, and policies in effecting and executing arrest and search warrants. 322.4.1 RISK ASSESSMENT Prior to executing a search or arrest warrant, officers shall complete the High Risk Warrant Matrix. The Matrix consists of high risk indicators with weighted values for each category. The completed Matrix will be included in any subsequent police report. Some of the indicators require a mandatory service by the Agency SWAT Team. After completing the Matrix, the officer will proceed in the following ways: (a)Notify a supervisor of the Matrix score. (b)Serve the warrant unassisted or with other officers as necessary. (c)Consult a SWAT supervisor to determine if the SWAT Team will assist or take over the service of the warrant. (d)Provide the warrant to the SWAT Commander for a SWAT service if required. 322.5 DOCUMENTATION Officers are responsible to document any search of a premise and to ensure that required reports contain, at minimum, documentation of the following: (a)Reason for the search; (b)Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys); FCPS 0028 Fort Collins Police Services Policy Manual Search and Seizure Search and Seizure - 164 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC (c)What, if any, injuries or damage occurred; (d)All steps taken to secure property; (e)The results of the search, including a description of any property or contraband seized; and (f)The Return of Service for a search warrant. Supervisors shall review reports to ensure accuracy, that actions are properly documented and that current legal requirements and Agency Policies have been satisfied. FCPS 0029 Fort Collins Police Services Policy Manual Response to Resistance Response to Resistance - 84 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes deadly force is directed at the officer or others; and there is no reasonable alternative to stop the threat. 300.5 REPORTING THE USE OF FORCE Any reportable use of force by an employee shall be documented promptly, completely, and accurately in a written report. In addition, notification to supervisors will be made as soon as practicable after the use of reportable force. To collect data for purposes of training, resource allocation, analysis and related purposes, the Agency may require the completion of additional report forms as specified in Agency Policy (including Policy 1021 - Early Intervention System) and applicable law. Reportable force applications include the following: (a) The application would lead a reasonable officer to conclude the individual may have experienced more than momentary discomfort. (b) The individual subjected to the force expressed a complaint of pain or injury. (c) Any application of a control device as described in Policy 308 - Control Devices and Techniques. (d) The individual subjected to the force was rendered unconscious. (e) An individual was struck or kicked in any manner. (f) The application caused a visible injury, serious bodily injury or death. (g) An individual alleges any of the above has occurred. 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of a reportable use of force as defined above. 300.5.2 USE OF FORCE RESULTING IN DEATH OR SERIOUS BODILY INJURY An employee who either causes, or is involved in, the use of force that causes the death or serious bodily injury to another person shall refer to the Officer Involved Incident Protocol, and to the extent reasonable under the circumstances: (a) Render first aid. (b) Immediately notify dispatch and a supervisor of the incident and location and request appropriate assistance. FCPS 0488 Fort Collins Police Services Policy Manual Response to Resistance Response to Resistance - 85 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC (c) Protect the integrity of the scene, all evidence, and instruments of force until asked to relinquish it by an authorized employee. (d) Provide officers responding to the scene with a preliminary statement as to where the incident occurred, the location of all possible evidence, and the identity and whereabouts of any possible witnesses or suspects. 300.6 MEDICAL CONSIDERATION Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor, or if not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called "excited delirium"), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY A supervisor will respond to an incident in which there has been a reportable use of force. The supervisor is expected to accomplish (a.) through (h.) below: (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b) Ensure that any injured parties are examined and treated. (c) Ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. FCPS 0489 Fort Collins Police Services Policy Manual Response to Resistance Response to Resistance - 86 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC (d) Identify any witnesses not already included in related reports. (e) Review and approve all related reports. (f) Complete a police report detailing the actions taken by the supervisor. (g) In the event that the supervisor believes the incident may give rise to potential civil litigation, a confidential TDR should be completed and routed to appropriate personnel. (h) The supervisor shall initiate a separate administrative investigation if it is reasonable to believe that an application of force by an officer was not reasonable or within Policy. When a supervisor does not respond to the scene of an incident involving a reportable use of force, the supervisor is still expected to ensure completion of as many of the above items as circumstances permit. 300.7.1 WATCH COMMANDER RESPONSIBILITY If any person receives serious bodily injury or death as a result police action, a Watch Commander will: (a)Provide assistance to the involved employee(s) by: 1.Ensuring the involved employee is escorted to an appropriate location; 2.Ensuring the involved employee is placed in an area of limited access so that no unauthorized individuals can have access to the involved employee; and 3.Advising the involved employee to not discuss the case with unauthorized persons. Authorized persons include investigators working the criminal or administrative investigations, the employee's attorney or family/personal representative, or members of the Peer Support Team. (b)Notify the on-call detective. (c)Notify the involved employee's Deputy Chief . (d)In the event that a supervisor cannot respond due to extraordinary circumstances, an experienced police officer may be substituted, but a supervisor is still expected to complete as many of the above items as is practicable. 300.8 TRAINING Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. FCPS 0490 Policy 301 Fort Collins Police Services Policy Manual Response to Resistance Reporting and Review - 87 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC Response to Resistance Reporting and Review 301.1 PURPOSE AND SCOPE This Policy sets forth procedures for reporting and review of the use of force by Agency employees. The intent of this Policy is to ensure that such incidents are investigated in a fair and impartial manner. The reporting and review requirements of these incidents are determined by the level of force used, as defined in this Policy. Nothing in this Policy is intended to increase, modify or in any way affect the current legal standards nor shall any deviation from these guidelines be considered a breach of any legal standard except where the deviation may effect an employee's employment. 301.2 TYPES OF FORCE IN RESPONSE TO RESISTANCE The type of force used by an employee will determine the appropriate level of review. If there is uncertainty about which level of review is appropriate for a given incident, then the higher level should be assumed. 301.2.1 DEPLOYMENT VS. APPLICATION OF FORCE For the purposes of the reporting requirements of this Policy that involve uses of force, the following terms apply: (a) "Application" means that a control device or firearm was used or discharged upon a person to attempt to gain compliance. (b) "Deployment" means that a Kinetic Energy Delivery System such as the Sage and Pepperball was brought to bear on a suspect and the operator acquired "sights on target" but no rounds were delivered. 301.2.2 TYPE 1 USE OF FORCE The following incidents are Type 1 uses of force and will be reviewed by a supervisor: (a) The application of OC Spray through the use of an Individual Protection Device. (b) A take-down of a person. (c) The application of a Police Baton. (d) The application of personal weapons such as strikes and kicks. (e) The application of any device or technique which causes bodily injury, other than temporary discomfort or pain, to any person and the force complies with Agency Policy, procedures, Directives and training. (f) The deployment of a Kinetic Energy Delivery System or Conducted Energy Device if brought to bear on a suspect and the operator acquired "sights on target" but no rounds were delivered, or in the case of EMDT, an arc was displayed. FCPS 0491 Fort Collins Police Services Policy Manual Response to Resistance Reporting and Review Response to Resistance Reporting and Review - 88 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC By definition, a Type 1 Use of Force is force that does not cause serious bodily injury (CRS § 18-1-901(3)(p)) to any person. 301.2.3 TYPE 2 USE OF FORCE The following incidents are Type 2 uses of force which will be reviewed by the Force Review Board: (a)The application of a Kinetic Energy Delivery System (such as Sage or Pepperball.) (b)The application of a Chemical Agent Delivery System other than through the use of an Individual Protection Device. (c)The application of an Electro-Muscular Disruption Device (such as a TASER.) (d)The application of a Police K-9 other than a narcotics detection dog. (e)A vehicle pursuit. (f)The application of any device or technique which causes serious bodily injury to any person and the force complies with Agency Policy, procedures, Directives and training, as determined below: 1.If a control device or technique, as defined in Policy 308 - Control Devices and Techniques, other than a firearm, results in serious bodily injury to any person, the Watch Commander shall immediately evaluate the incident and consult with the Division or authorized designee and consider, based upon the facts evident at the time, if the application of force complied with Agency Policy, procedures, Directives and training. If it is determined the use of force may not have complied with Agency Policy, then it shall be considered a Type 3 Use of Force for the purpose of further reporting and review. 301.2.4 TYPE 3 USE OF FORCE The following incidents are Type 3 uses of force and automatically invoke the Officer Involved Incident Protocol (OIIP): (a)A use of force results in the death of a person. (b)A use of force results in the serious bodily injury of a person except as described in this Policy. (c)A use of force causes injuries likely to result in death as determined by a physician. (d)A firearm is intentionally discharged at a person, vehicle or structure regardless of whether an injury to a person occurs. 301.2.5 ELEVATION OF USE OF FORCE REVIEW If an inquiry regarding an employee's use of force indicates the incident requires a different level of inquiry, the appropriate level of inquiry will be used. (a)Supervisors may request that the Force Review Board review any Type 1 Use of Force with the approval of the Division Deputy Chief. FCPS 0492 Fort Collins Police Services Policy Manual Response to Resistance Reporting and Review Response to Resistance Reporting and Review - 89 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC (b)A Division Deputy Chief or authorized designee may invoke the OIIP on any incident with the approval of the Chief of Police. 301.3 REPORTING (a) Employees must document any reportable use of force as defined in Policy 300 - Response to Resistance in a police report. Where applicable, the report will include a description of any threat made by a suspect or perceived by the employee, a description of the force used and the result of the use of force. 1. Employees involved in a Type 1 or Type 2 Use of Force will complete, prior to the end of their shift, an Early Intervention System (EIS) incident report to collect data for purposes of training, resource allocation, analysis and related purposes as described in Policy 1021- Early Intervention System. (b) Reporting the use of a Type 3 Use of Force will comply with Policy 1020 - Administrative Investigations, and may be accomplished through an interview with investigative personnel assigned to this investigation. In such cases, a supervisor will complete the EIS incident report. 301.4 ADMINISTRATIVE LEAVE An employee who is involved in a Type 3 Use of Force will be placed by the employee's Deputy Chief or authorized designee on administrative leave as defined in Policy 1020 - Administrative Investigations and the applicable collective bargaining agreement. (a)In the case of a duty-related incident involving serious bodily injury to another person, not involving firearms, but involving other control devices or techniques as defined in Policy 308 - Control Devices and Techniques, the involved employee may or may not be placed on administrative leave at the discretion of the employee's Deputy Chief or the Chief. 301.4.1 POST-INCIDENT URINE AND BREATH TESTING An officer who is involved in a duty-related use of force that results in the death of a person will be requested to undergo urine and/or breath testing for the presence of alcohol or controlled substances in the officer's body as part of the administrative investigation into the incident, such testing is described in Policy 1012 - Alcohol and Drug Use. (a) Testing will not be required absent a supervisor's determination that there is reasonable suspicion that the employee is physically impaired by alcohol or other intoxicants. (b) An officer's refusal to take the tests or to cooperate in the provision of the samples may subject the officer to disciplinary action up to and including termination of employment. The officer will be tested as soon as possible following the incident, but not to exceed eight hours for alcohol testing and thirty-two hours for drug testing. The testing procedure shall be as set forth in the Procedures for Transportation Workplace Drug Testing Programs as described at 49 CFR Part 40, using the split sample method. The results of the tests conducted pursuant to this provision cannot be used against the officer in any subsequent criminal proceedings. FCPS 0493 Fort Collins Police Services Policy Manual Response to Resistance Reporting and Review Response to Resistance Reporting and Review - 90 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC An officer who is involved in a duty-related use of force that results in serious bodily injury to a person will only be required to provide urine and breath samples for testing pursuant to an administrative investigation or a supervisor's determination that there is reasonable suspicion that the employee is physically impaired by alcohol or other intoxicants. 301.5 REVIEW OF TYPE 1 USES OF FORCE A supervisor shall provide review of a Type 1 Use of Force. If an incident involves multiple employees with different supervisors, a Lieutenant will designate which supervisor will conduct the review. A supervisor who used force during an incident shall not conduct the review. The responsible supervisor will conduct a thorough review of all police reports related to the incident. (a)Incomplete or inadequate reports shall be returned for additional details or clarification. (b)The supervisor will review and approve the completeness and accuracy of the EIS incident report. (c)The supervisor will make a determination as to whether the use of force was reasonable. 1.If the supervisor determines the use of force did not comply with Agency Policy, training or procedures, the supervisor will initiate a performance complaint or an administrative investigation, as appropriate. 2.If the supervisor determines the use of force did not comply with any law, the supervisor will immediately notify the employee's Lieutenant and the Division Deputy Chief and a criminal and administrative investigation will commence. When a supervisor reviews and approves all police reports and EIS incident reports without taking further action, the use of force is deemed to have been reasonable. 301.6 REVIEW OF TYPE 2 USES OF FORCE The Force Review Board will provide review of Type 2 Uses of Force. For consistency, After Actions Reports should be prepared for the Force Review Board by an employee's Lieutenant, the Watch Commander or the SWAT Commander, as appropriate. The After Action Report will follow the form described in this Policy. (a)The After Action Report will be forwarded to the Force Review Board for review. 1.The Force Review Board will determine whether or not an employee's use of Type 2 force was reasonable. (a)If the Board determines the use of force did not comply with Agency Policy, training or procedures the chairperson of the Force Review Board will initiate the appropriate level of administrative investigation, as appropriate. (b)If the Board determines the use of force did not comply with any law, the chairperson of the Force Review Board will immediately notify the employee's FCPS 0494 Fort Collins Police Services Policy Manual Response to Resistance Reporting and Review Response to Resistance Reporting and Review - 91 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC supervisor, Lieutenant and the Division Deputy Chief and a criminal and administrative investigation will commence. 2.If the Force Review Board reviews the After Action Report and EIS incident reports without taking further action, the use of force is deemed to have been reasonable. 301.6.1 AFTER ACTION REPORTS - FORM • Section 1: Synopsis providing general information about the incident, including: o Names of employee(s) using force. o Names of witness employees. o Description of force used. o Description of injuries to any person. o Description of any damaged property. o The tactics used throughout the incident. o The quality of supervision during and after the incident o The performance of the control devices, vehicles or Police K9's • Section 2: EIS incident report. • Section 3: Incident reports, statements, evidence sheets, recordings and photographs. • Section 4: Incident specific reports or templates: o Templates for K-9 applications shall be maintained by the Canine Lieutenant. 301.7 REVIEW OF TYPE 3 USES OF FORCE During the investigation of a Type 3 Use of Force, both a criminal investigation and an administrative investigation shall commence immediately after the incident occurs and the OIIP will be invoked. (a) Except as otherwise provided in Agency Policy, any administrative or criminal investigation required under this Policy shall be conducted in accordance with all applicable provisions of Policy 1020 - Administrative Investigations and the applicable collective bargaining agreement. (b) The unit(s) responsible for investigating a particular incident shall prepare and submit appropriate reports or briefings to the Chief of Police on the next working day following the incident or as soon thereafter as practical. 301.7.1 TYPE 3 USE OF FORCE, CRIMINAL INVESTIGATION (a)Unless the Chief has designated an outside law enforcement department to conduct the criminal investigation, the Agency's Criminal Investigations Division is responsible for conducting criminal investigations of duty-related use of force incidents. The investigation FCPS 0495 Fort Collins Police Services Policy Manual Response to Resistance Reporting and Review Response to Resistance Reporting and Review - 92 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC shall be under the control of a Detective Lieutenant or an authorized designee who may request assistance from whatever sources he or she deems appropriate in completing the investigation. (b)Proper advisement of the employee during the criminal investigation phase will be utilized in a manner to protect the integrity of the investigation and preservation of the employee's constitutional rights. (c)The officer(s) conducting the criminal investigation shall not be the same officer(s) conducting the administrative investigation. 1.The criminal investigation shall provide factual information to the administrative investigation for the Agency's internal use. (d)The criminal investigation shall concentrate on gathering facts and evidence and not evaluate the incident. The facts and evidence will be presented to the District Attorney, for a determination if anyone committed a crime. (e)The Criminal Investigations Division Deputy Chief or an authorized designee shall submit a detailed report of the results of the criminal investigation to the Chief of Police. 301.7.2 TYPE 3 USE OF FORCE, ADMINISTRATIVE INVESTIGATION The Professional Standards Unit is responsible for conducting administrative investigations on certain use of force incidents, including all Type 3 Use of Force incidents. The Professional Standards Unit Lieutenant or an authorized designee may request assistance from whatever sources he or she deems appropriate in completing the investigation. The investigative personnel involved in the administrative investigation shall not be involved in the criminal investigation. (a)The investigation shall be conducted to determine if the involved employee's conduct was consistent with Agency Policies, procedures, Directives, and training. 1.At a minimum, the investigation should provide enough information to permit assessment of the following: (a)If the actions of the involved employee violated any Agency Policies or Directives, and whether they were intentional or accidental. (b)If the actions of the involved employee were consistent with Agency-approved training. (c)The discharge of a firearm, if one was involved. (d)The tactics used prior to the incident. (e)The quality of supervision prior to, during, and after the incident. (b)The Professional Standards Unit Lieutenant or his/her designee shall submit a detailed report of the results of the administrative investigation to the Force Review Board and the employee's Deputy Chief for review and recommendations. Subsequently it may also be FCPS 0496 Fort Collins Police Services Policy Manual Response to Resistance Reporting and Review Response to Resistance Reporting and Review - 93 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC sent to the Citizen Review Board as provided for in the City's Code and Policy 1060 - Citizen Review Board. FCPS 0497 Policy 1060 Fort Collins Police Services Policy Manual Citizen Review Board - 701 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC Citizen Review Board 1060.1 PURPOSE AND SCOPE A Citizen Review Board has been adopted by the City of Fort Collins to provide the City Manager and the Chief of Police with review and advice on issues concerning police officers. The membership, functions and procedures for the Citizen Review Board are described in Fort Collins Municipal Code 2-136 through 2-142. 1060.2 APPOINTMENT OF CITIZEN REVIEW BOARD The Board shall consist of seven members appointed by the City Council. The names of nominees for all such appointments shall be submitted to the City Council by a committee consisting of two Councilmembers and the City Manager. All members shall reside within the City's Growth Management Area during their term on the Board. 1060.2.1 REVIEW PANEL DUTIES The Citizen Review Board shall have the following functions: (a)At the request of the City Manager or the Chief of Police, to make recommendations to the City Manager or the Chief of Police concerning the interpretation of police Policies and procedures. (b)To review the following categories of administrative investigations conducted by Police Services: 1.Investigations involving police officer or community service officer use of deadly force, whether or not the use of such force actually results in death; 2.Investigations initiated by the written complaint of any person involved in an incident occurring within one year of said complaint, when such person alleges that: (a)A police officer or community service officer used force or discharged a firearm in violation of administrative policy or applicable law, (b)A police officer or community service officer committed a crime, or (c)As a result of a police officer's or community service officer's act or failure to act, a person sustained severe injury or death or suffered a civil rights violation; 3.Any other investigations as requested by the City Manager or the Chief of Police. (c)To review any decision of the Chief of Police regarding the merits of any other investigation for which a review has not been conducted by the Board pursuant to City Charter, if review is requested in writing by a person involved in the investigated incident and such person alleges police officer or community service officer misconduct occurring within one year of said request. FCPS 0498 Fort Collins Police Services Policy Manual Citizen Review Board Citizen Review Board - 702 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC (d)To reconsider any review previously conducted by the Board if the Board determines that significant new information has become available which previously was not reasonably available to the Board, the complainant or to Police Services. (e)Upon the request of any other public law enforcement entity operating within the City, to review the administrative investigations of such entity if the matter being investigated occurred within the City. (f)To make annual reports to the City Council and City Manager concerning the activities and recommendations of the Board; and (g)To perform such functions as are committed to it by other ordinances or resolutions of the City. FCPS 0499 Policy 1021 Fort Collins Police Services Policy Manual Early Intervention System - 633 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC Early Intervention System 1021.1 PURPOSE AND SCOPE The Fort Collins Police Services Early Intervention System (EIS) shall provide accurate and accessible accounts of an employee's performance record, allowing both the employee and supervisory staff the ability to quickly identify areas of risk or concern and initiate appropriate disciplinary or non-disciplinary assistance as needed to improve performance. All early intervention records are considered a part of the permanent administrative Investigation file of an employee and shall be provided all confidentiality associated with internal records under law. Early Intervention records will be recorded and stored in the electronic Internal Affairs Case Management System (IACMS). The IACMS is a secure software application where investigations can only be accessed by an employee's chain of command or personnel assigned to the Professional Standards Unit. All dispositions and discipline will be recorded and stored in the IACMS. 1021.2 RESPONSIBILITIES The Professional Standards Unit, is responsible for collecting performance indicators and other relevant data to generate and provide a quarterly Performance History Audit Report for each officer to the appropriate Deputy Chief. Though generated quarterly, each Performance History Audit will contain data from a one-year time period. 1021.3 SYSTEM DESCRIPTION The EIS is intended to be an employee assistance instrument which helps supervisors identify at- risk activities and behaviors in order to prevent possible employee misconduct. The EIS assists supervisors in identifying at-risk behaviors by monitoring occurrences of performance indicators, and by generating alerts for supervisory assessment whenever thresholds for performance indicators are reached. Supervisors determine what, if any, intervention is appropriate and ensure the employee fulfills intervention obligations. Supervisors also evaluate the need for a post- intervention assessment and complete it when appropriate. 1021.4 PERFORMANCE INDICATORS The following Performance Indicators have been incorporated into the EIS as areas of risk to the employee or department: (a) Use of force. (b) Vehicle pursuits. (c) Vehicle collisions involving City-owned vehicles. (d) Performance complaints. FCPS 0506 Fort Collins Police Services Policy Manual Early Intervention System Early Intervention System - 634 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC (e) Level I investigations. (f) Level II investigations. 1021.4.1 THRESHOLD Thresholds causing an alert will be as follows: (a) When an employee generates any combination of three activities in Performance complaints, Level I investigations, Level II investigations, vehicle pursuit, or vehicle collisions involving City-owned vehicles during any twelve-month period. (b) When an employee generates any combination of five activities in Performance complaints, Level I investigations, Level II investigations, vehicle pursuit, or vehicle collisions involving City-owned vehicles during any eighteen-month period. (c) The Agency may also set appropriate threshold levels for issues regarding use of force. 1021.4.2 INTERVENTIONS Interventions are strategies to align employee conduct with the Agency's expectations and include oral counseling, retraining, discipline or other interactions an employee must complete to address concerns noted as a result of the supervisory assessment. 1021.5 SYSTEM DESIGN AND RESPONSIBILITIES The computer-based EIS applications will track event data for each employee for all performance indicators described in this Policy. Additionally it may: (a) Automate the alert process to the supervisory chain-of-command; (b) Provide supervisor-reporting fields; (c) Provide status queues for reviewers; and (d) Enable employees to review summary counts of their own performance categories. 1021.5.1 OFFICER RESPONSIBILITIES Employees involved in a Type 1 or Type 2 Use of Force will complete, prior to the end of their shift, an Early Intervention System (EIS) incident report to collect data for purposes of training, resource allocation, analysis and related purposes as described in Policy 301- Response to Resistance Reporting and Review. 1021.5.2 SUPERVISOR RESPONSIBILITIES Supervisors shall: (a) Review all routed Type 1 or Type 2 Use of Force entries from employees they directly supervise and refer to Policy 301 - Response to Resistance Reporting and Review for disposition regarding the appropriateness of the use of force reported. (b) Enter all Performance Complaints that are not satisfactorily resolved and all Level I and II complaints into the EIS system. Satisfactory resolution of Performance Complaints FCPS 0507 Fort Collins Police Services Policy Manual Early Intervention System Early Intervention System - 635 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC will normally involve a misunderstanding of tactics and procedures, that once explained achieves a fair and reasonable resolution of the complaint that is satisfactory to all parties involved. (c) Enter all vehicle pursuits and vehicle collisions involving City-owned vehicles. (d) Access the EIS at least weekly to identify any alerts associated with employees they directly supervise. Once an alert is generated by the system the supervisor is required to: 1. Review the system records associated with the alert to determine if early intervention is applicable. Supervisors should consider each of the following areas in terms of whether an employee exhibits any behaviors where an intervention may help improve the employee's work performance: (a) Verbal and non-verbal communication; (b) Tactics; (c) Safety; and/or (d) Employee behavior, both on and off-duty (that may be affecting work performance). 2. Send recommendations for intervention, other than Oral Counseling, through the employee's chain of command for review and approval. If an intervention is not warranted a chain-of-command review is not required. 3. If an intervention is approved by the chain of command, the supervisor will coordinate and implement the intervention, and record the action taken in the EIS record. (a) Intervention assigned - Summary of actions were assigned or planned and the result of the intervention. (b) Intervention Not Assigned - Summary of why an intervention was not necessary. 4. Identify and Record Post-Intervention Assessments as a means of determining if an intervention was successful. (a) Initial Reporting - Determine if a post-intervention assessment will occur, identify the date for the evaluation to be conducted and record that date in the automated EIS record. (b) Additional Interventions - If the supervisor concludes a need for additional intervention, other than Oral Counseling, the supervisor will review that need and recommend follow-up intervention to the chain of command. Upon approval of the chain of command, the supervisor shall implement the intervention. (c) Complete and Document - In cases where a post-intervention assessment is completed, the supervisor will ensure: FCPS 0508 Fort Collins Police Services Policy Manual Early Intervention System Early Intervention System - 636 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC 1. That the results are reviewed by the chain of command; 2. That any additional interventions are coordinated and completed; and 3. The results are documented in the automated EIS system. 1021.5.3 EIS COORDINATOR RESPONSIBILITIES (a) The EIS Coordinator will follow-up on assigned interventions and monitor their progress and closure. (b) The EIS Coordinator will ensure that any required updates or changes to the EIS or the EIS Directive are completed. (c) Annually, the EIS Coordinator shall complete a written report for the Chief of Police that provides summary data and information about the EIS, including the number and types of interventions. 1021.6 INTEGRATION WITH OTHER POLICIES OR DIRECTIVES (a) Because a threshold alert does not, by itself, establish the need for any level of discipline, the fact that an employee has received an alert shall not by itself constitute grounds for discipline. (b) The assessments made by an employee's supervisor and chain-of-command of the performance indicator (activities/behaviors) causing the alert may lead to the imposition of corrective action and/or discipline. The EIS is not intended to supersede the provisions of this Manual and the collective bargaining agreement concerning internal investigations and the imposition of discipline. The EIS will operate in combination with those provisions. 1021.7 CONFIDENTIALITY OF DATA Information, data and copies of material compiled to develop Performance History Audit Reports shall be considered part of the employee's personnel file (or where appropriate his/her Internal Affairs file) and will not be subject to discovery or release except as provided by law. Access to the data in the system will be governed under the same process as access to an officer's personnel files as outlined in the Policy 1026 - Personnel Files. FCPS 0509 Policy 208 Fort Collins Police Services Policy Manual Training Policy - 63 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC Training Policy 208.1 PURPOSE AND SCOPE It is the Policy of this Agency to administer a training program that will meet the standards of federal, state, local and POST (Peace Officer Standards and Training) training requirements. It is a priority of this Agency to provide continuing education and training for the professional growth and progressive development of its personnel. By doing so, the Agency will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the public. 208.1.1 PRE-APPOINTMENT TRAINING This department requires all candidates for employment as officers to complete an approved Colorado basic academy pursuant to CRS § 24-31-305 before performing duties of a certified peace officer, as defined by CRS § 16-2.5-102. Officers may alternatively obtain a provisional certificate prior to appointment or otherwise meet the training and certification standards within the parameters, extensions and exceptions set by POST (CRS § 24-31-308 and CRS § 30-10-501.6 (1)). 208.2 PHILOSOPHY The Agency seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels and legal mandates. Whenever reasonably possible, the Agency will use courses certified by the Colorado POST Board or other regulatory or nationally recognized entities. 208.3 OBJECTIVES The objectives of the training program are to: (a) Enhance the level of law enforcement service to the public. (b) Increase the technical expertise and overall effectiveness of Agency personnel. (c) Provide for continued professional development of Agency personnel. (d) Assist in compliance with statutory requirements. 208.4 TRAINING PLAN It is the responsibility of the Training Sergeant to develop, review, update and maintain a training plan and to ensure that mandated basic, in-service and Agency-required training is completed by all employees. The plan shall include a systematic and detailed method for recording and logging of all training for all personnel. While updates and revisions may be made to any portion of the training plan at any time it is deemed necessary, the Training Sergeant shall review the entire training plan on an annual basis. FCPS 0680 Fort Collins Police Services Policy Manual Training Policy Training Policy - 64 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC The plan will include information on curriculum, training material, training facilities, course and student scheduling. The plan will address the state-required Colorado POST, minimum-mandated training of certified officers or hiring of civilian employees. Training listed may be provided in basic training programs. Trainings listed in this Policy may be provided in basic training programs. 208.4.1 MANDATED TRAINING (a)Federally mandated training: 1.National Incident Management System (NIMS) training (once depending upon position and rank) (b)State-mandated training: 1.DNA evidence collection (CRS § 24-31-311) (once) 2.Racial profiling (CRS § 24-31-309) (once) 3.Basic CPR/First aid (once - to obtain POST certification) 4.Standardized Field Sobriety Testing (every other year). 5. Any other Colorado POST mandated training to maintain compliance. (c)Agency-mandated training: 1.Emergency Operations Plan (supervisors every two years) 2.Police driving (sworn personnel and community service officers every other year). 3.Firearms training (as determined by the Firearms Coordinator). 4.Defensive tactics (as determined by the Defensive Tactics Coordinator). 5.Mobile Field Force (yearly) 6.Infection control training (yearly) 7.Use and care of respiratory equipment (yearly) 208.5 TRAINING NEEDS ASSESSMENT The Training Unit will conduct an annual training needs assessment and complete a report regarding the results of that assessment. The training needs assessment report will be provided to the Chief of Police. Upon review and approval by the Chief of Police, the needs assessment will form the basis for the training plan for the following fiscal year. 208.6 TRAINING PROCEDURES (a) All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following: FCPS 0681 Fort Collins Police Services Policy Manual Training Policy Training Policy - 65 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC 1. Court appearances 2. Sick leave 3. Vacation 4. Physical limitations preventing the employee's participation 5. Emergency situations (b) When an employee is unable to attend mandatory training, that employee shall: 1. Notify his/her supervisor as soon as possible but no later than one hour prior to the start of training. 2. Make arrangements through his/her supervisor and the Training Sergeant to attend the required training on an alternate date. 208.7 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) are contained in a web-accessed system that provides training on the Agency Policy Manual and other important topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Training Sergeant. Personnel assigned to participate in DTBs shall only use login credentials assigned to them by the Training Sergeant. Personnel should not share their password with others and should frequently change their password to protect the security of the system. After each session, employees should log off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the Agency. Employees who are assigned to participate in the DTB program should complete each DTB at the beginning of their shift or on a regular schedule as directed by their supervisor. Employees should not allow uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the DTB system can be accessed from any Internet active computer, employees shall only take DTBs as part of their on-duty assignment, unless directed otherwise by a supervisor. Supervisors will be responsible for monitoring the progress of personnel under their command to ensure compliance with this Policy. 208.8 TRAINING RECORDS The Training Sergeant is responsible for the creation, filing and storage of all training records. Training records shall be retained in compliance with the current records retention schedule. Employees are required to sign in-service attendance sheets and forward any training certificates or appropriate documentation to the Training office for recording keeping. FCPS 0682 Fort Collins Police Services Policy Manual Training Policy Training Policy - 66 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC 208.9 FIELD TRAINING PROGRAM The Field Training Coordinator shall establish a field training program for recruit police officers that is of sufficient duration to provide for the adequate orientation and training of the new peace officer in the lawful operations of the Agency. The program shall establish procedures for the selection, appointment and training of Field Training Officers (FTO) and supervisors, the daily evaluation of recruits participating in the program and the rotation of FTO personnel to provide for the objective evaluation of recruit performance. FCPS 0683 Policy 306 Fort Collins Police Services Policy Manual Restraint Devices - 98 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC Restraint Devices 306.1 PURPOSE AND SCOPE This Policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 306.2 POLICY The Agency authorizes the use of restraint devices in accordance with this Policy, the Response to Resistance Policy and Agency training. Restraint devices shall not be used to punish, to display authority or as a show of force. 306.3 USE OF RESTRAINTS Only officers who have successfully completed Agency-approved training on the use of restraint devices described in this Policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include, but are not limited to: • The circumstances or crime leading to the arrest. • The demeanor and behavior of the arrested person. • The age and health of the person. • Whether the person is known to be pregnant. • Whether the person has any other apparent disability. 306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain an individual who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. 306.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. No person who is in labor shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary to prevent escape or injury. FCPS 0684 Fort Collins Police Services Policy Manual Restraint Devices Restraint Devices - 99 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC 306.3.3 RESTRAINT OF JUVENILES A juvenile under 14 years of age should not be restrained unless he/she is suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure him/herself, injure the officer or damage property. 306.3.4 NOTIFICATIONS Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the officer reasonably believes would be potential safety concerns or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail. 306.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Agency. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances. Routinely, handcuffs should be applied with the hands behind the person's back. Handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may cause unreasonable discomfort due to the person's size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility. 306.5 APPLICATION OF SPIT HOODS Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others. Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and that the restrained person can breathe normally. Officers should provide assistance during the movement of restrained individuals due to the potential for impaired or distorted vision on the part of the individual. Officers should avoid comingling individuals wearing spit hoods with other detainees. FCPS 0685 Fort Collins Police Services Policy Manual Restraint Devices Restraint Devices - 100 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed. Detainees who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use. 306.6 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Agency shall be used. In determining whether to use the leg restraint, officers should consider: (a) Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a suspect. (b) Whether it is reasonably necessary to protect the suspect from his/her own actions (e.g., hitting his/her head against the interior of the patrol unit, running away from the arresting officer while handcuffed, kicking at objects or officers). (c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol unit). 306.6.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints the following guidelines should be followed: (a) Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (b) Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person's ability to breathe. (c) The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on his/her stomach. (d) The officer should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (e) When transported by ambulance/paramedic unit, the restrained person should be accompanied by an officer when requested by medical personnel. The transporting officer should describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). FCPS 0686 Fort Collins Police Services Policy Manual Restraint Devices Restraint Devices - 101 Adoption Date: 2016/04/08 © 1995-2016 Lexipol, LLC 306.7 REQUIRED DOCUMENTATION If an individual is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints in a police report. If an individual is arrested, the use of restraints other than handcuffs shall be documented in the related report. FCPS 0687