JCSO PP 230 - Use of Force July 2020 Update
JCSO PP 230 - Use of Force July 2020 Update
ACCREDITATION STANDARDS:
CHAPTER TITLE:
LE 1.3.1, 1.3.2, 1.3.3, 1.3.5, 1.3.8, DATE 7/15/2020
ROLE AND AUTHORITY
1.3.9, 1.3.10, 1.3.11, 1.3.12
USE OF FORCE
ACA 2B-01
SUBJECT:
JCSO PP 230
USE OF FORCE APPROVED:
Deputies will only use the amount of force that is objectively reasonable and necessary to effectively bring an
incident under control based on the totality of the circumstances at hand.
DEFINITIONS
Acute Stress Disorder - An anxiety disorder that can result from exposure to a traumatic event and occurs
within 30 days of exposure.
Agency Briefing - An informational administrative report on what happened during the deputy-involved shooting.
Animal Control Officer - An officer in a local law enforcement agency assigned to enforce and or regulate
animal related issues.
Bodily Injury - Physical pain, illness, or any impairment of physical or mental condition.
Companion Deputy - A deputy assigned to provide emotional support and assistance to another deputy
following a deputy-involved shooting. The assigned deputy is typically a member of the sheriff's office Peer
Support Program, but may also be a deputy who has had a similar experience, is a close friend, or both.
Critical Incident Response Team (C.I.R.T.) - A specialized team, working under the authority of the First
Judicial District Attorney's Office, established to investigate incidents in which any law enforcement officer within
the Judicial District uses deadly force, or attempts to use deadly force, against a human being while acting under
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the color of official law enforcement duties.
Deadly Force - Force that, when used, creates a substantial risk of causing death or serious bodily injury.
Debriefings - In the context of this policy, a formal process conducted by a qualified mental health professional
to address the psychological and emotional effects of the deputy-involved shooting.
De-escalation - A deputy's intentional use of verbal and non-verbal communication to reduce the emotional,
physical and/or mental stress level of a situation.
Deputy-Involved Shooting Incident - An incident where a deputized employee of the Jefferson County Sheriff's
Office fires his or her weapon in the course of his or her duties. This is not limited to causing bodily injury to a
deputy or other person; it can include firing the weapon accidentally or missing the intended target during the
shooting.
Dog - Any canine animal owned for domestic companionship, therapeutic assistance, sporting, working,
ranching, or shepherding purposes.
Dog Owner - A person owning, possessing, harboring, keeping, having guardianship of, having financial or
property interest in, or having control or custody of, a dog.
Less-lethal Force - Force that, when used, is not intended to cause death or serious bodily injury.
Licensed Veterinarian - A person who is licensed pursuant to Article 64 of Title 12, C.R.S. to practice veterinary
medicine in this state.
Local Law Enforcement Agency - A municipal police department or a county sheriff's office.
Local Law Enforcement Officer - Any officer in a local law enforcement agency, not including animal control
officers, code enforcement officers, or a deputy sheriff who is assigned exclusively to work in jails, court security,
or administration.
Objectively Reasonable - In determining the necessity for and appropriate level of force, deputies will evaluate
each situation in light of the known circumstances, including but not limited to, the seriousness of the crime, the
level of threat or resistance presented by the subject, and the danger to the community.
Peer Support Program - A formal group of approved members who have undergone training in peer support
methods. Please see JCSO Policy and Procedure Manual, Section 782. [LINK]
Physical Force - Any use of force other than that which is considered less-lethal force, deadly force, or indirect
force as listed in this policy.
Post-Traumatic Stress Disorder - An anxiety disorder that can result from exposure to a traumatic event and is
diagnosed as such if symptoms persist after 30 days.
Qualified Mental Health Professional (QMHP) - Any individual who is licensed as a mental health professional
and has an in-depth understanding of the law enforcement culture.
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Reasonable Belief - Facts or circumstances in which a deputy knows, or should know, such as to cause an
ordinary and prudent person to act or think in a similar way under similar circumstances.
Respiratory Neck Restraint - Also known as "choke hold"; a physical maneuver that applies direct pressure to
the throat, windpipe or airway of another with the intent to reduce or prevent the intake of air for the purposes of
incapacitation. Holding and control techniques involving contact with the neck, but which are not intended to
reduce the intake of air, are not defined as choke holds.
Serious Bodily Injury - Bodily injury which involves a substantial risk of death, a substantial risk of serious
permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ
of the body.
Vascular Neck Restraint - Also known as "carotid restraint"; a technique that may cause momentary
unconsciousness by application of pressure to the sides of the neck, thus restricting blood flow to the brain.
PROCEDURES
Prohibitions
Deputies will render appropriate medical aid to any person requiring such aid when the use of deadly, non-deadly
or physical force has occurred and as soon as the scene is safe and secure.
De-escalation Techniques
A deputy will utilize de-escalation techniques or other alternatives to higher levels of force, unless doing so would
compromise the safety of the deputy or another person. Consideration should be given to the preservation of
evidence, escape of a subject, or commission of a crime. When possible and safe to do so, a deputy will allow an
individual time and opportunity to submit to verbal commands before force is used.
Deputies must realize that individuals suffering from mental health issues react to force in different ways, that
some tools may be ineffective in gaining compliance over such individuals, and that deputies may need to use
alternate methods to gain compliance. De-escalation techniques are strongly recommended.
Sheriff's office staff are only allowed to use authorized weapons, equipment, and ammunition. Sworn personnel
must demonstrate proficiency with any approved weapon prior to carrying it.
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Weapon and ammunition specifications are outlined in Jefferson County Sheriff's Office Policy and Procedure
Manual, Section 911. [LINK]
Types of Resistance
Resistance that may include psychological intimidation and/or non-verbal resistance (e.g. non-verbal cues
indicating a subject's attitude, appearance and physical readiness, blank stare, tightening of jaw, etc.). The
subject may comply with attempts at verbal control but display visual and non-verbal cues that indicate potential
physical resistance.
The goal of the deputy in non-verbal/psychological non-compliance encounters is to gain control of the subject
while minimizing the risk of injury to the deputy, the person being placed into custody, and innocent bystanders.
Verbal Non-Compliance
Any verbal response indicating the subject's unwillingness to obey commands of detainment, arrest, or to stop an
unlawful act or dangerous behavior.
Passive Resistance
A person who does not respond to verbal direction but does not offer physical resistance during arrest. The goal
of the deputy in passive resistance encounters is to gain control of the subject while minimizing the risk of injury
to the deputy, the person being placed into custody, and innocent bystanders.
Defensive Resistance
Physically evasive movements to defeat a deputy's attempt to gain control including bracing, tensing, pulling
away, or verbally signaling an intention to avoid or prevent being taken into custody.
The goal of the deputy in defensive resistance encounters is to gain control of the subject while minimizing the
risk of injury to the deputy, the person being placed into custody, and innocent bystanders. A deputy may use
take-downs, distraction techniques, and appropriate tools/weapons to counter defensive resistance.
Active Aggression
Physical actions/assaults against the deputy or another person with less than deadly force (e.g. punching,
kicking, grabbing, wrestling, etc.). Subjects may be actively aggressive towards a third party or a deputy. The
goal of the deputy in active aggression encounters is to gain control of the subject while minimizing the risk of
injury to the deputy, subject, or third party.
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Indirect Force
A deputy may use deputy presence and or verbal persuasion at their discretion. These are the foundation of any
use of force situation. Deputies are not required to use these options in all situations. Each situation will be
evaluated as to the proper level of force that is reasonably necessary, based on the totality of the circumstances
at hand.
Deputy Presence
Just the mere presence of an equipped, uniformed or otherwise identifiable deputy can have a controlling effect
on a situation. Their appearance, demeanor, professionalism and non-verbal communication creates an
atmosphere of compliance and can lead to de-escalation, resolution, custody, or apprehension without incident.
Verbal Persuasion
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The manner and form in which a deputy speaks to individuals can be an effective means of exerting verbal
control over a situation. Verbal persuasion may be in the form of warnings, advice, volume, and tone control and
may be progressive in nature depending upon the circumstances. By utilizing reasonable and necessary verbal
persuasion, deputies may not have to resort to the use of other forms of force.
Physical Force
A deputy may use physical force in circumstances where they reasonably believe that a lesser degree of force
will be ineffective or impractical.
Use of physical force should be discontinued when resistance ceases or when the incident is under control.
Unless exigent circumstances make it impossible or impractical, only those techniques of physical force approved
for instruction in the sheriff's office basic law enforcement training academy and in-service training are authorized
for use.
It may be necessary to gain control and compliance of a subject through the use of physical force. This may be in
the form of soft hand techniques (e.g. pressure points, control holds, strength, joint locks or distraction
techniques).
In instances where a deputy is defending a person or him/herself, hard hand techniques may be utilized to
escape or control the aggressive actions of a subject. Hard hand techniques include kicks, strikes, punches, take-
downs and other appropriately used methods, tools, or weapons to overcome the aggression.
Physical force should not be used against individuals in restraints, except as objectively reasonable to prevent
their escape, obstructing, impairing or hindering the enforcement of law or preservation of the peace, or prevent
imminent bodily injury to the individual, the officer or another person. In these situations, only the minimal amount
of force necessary to control the situation will be used.
Less-lethal Force
A deputy may use less-lethal force in circumstances where they reasonably believe that a lesser degree of force
will be ineffective or impractical.
A deputy is authorized to use department-approved less-lethal force techniques and issued equipment when one
or more of the following apply:
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To prevent escape
To protect property
Chemical agent spray (Oleoresin Capsicum), conducted energy weapon (TASER), canine, baton, and kinetic
energy impact projectiles are the only less-lethal weapons authorized for use.
Other specialized less-lethal weapons or less-lethal munitions may be authorized for use by specially trained
tactical teams.
The requirement to carry less-lethal weapons (OC, TASER, and baton) is discretionary for management staff and
above. Sergeants and below will carry a minimum of two (2) less-lethal weapons while in uniform. The two forms
of less-lethal weapons to be carried will be at the employee's discretion. TASERs and Oleoresin Capsicum are
available for use by Detention Services Division deputies.
Employees will maintain their equipment and training in accordance with this policy for all less-lethal weapons to
include those not regularly carried.
The Detention Facility will maintain a record of routine and emergency distribution of security equipment and
ensure that such equipment is inventoried at least monthly to determine its condition and expiration dates. This
requirement applies to both ROUTINE and EMERGENCY use. (Reference Detention Service Operations Manual
3-111 [LINK])
Deputies will only use chemical agent spray issued by the sheriff's office in the official performance of their duties.
A deputy may use OC spray when verbal persuasion has failed to bring about a suspect's compliance and when
a subject has signaled intentions to physically resist the deputy. OC spray should be used when conditions are
favorable. OC does not have the same effect on all individuals. Deputies should always keep other options open
during and after the application of OC.
OC can also be used against vicious animals in circumstances when a deputy reasonably believes him/herself or
another person is in danger of injury by the vicious animal.
Any use of OC on a person will be documented in a sheriff's office Use of Force Review.
OC Training
Only those deputies who have completed the sheriff's office approved OC training course will be authorized to
carry OC spray.
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Decontamination of subjects sprayed by OC will follow approved sheriff's office training.
Under normal circumstances, all major effects of OC should lessen within forty-five minutes to one hour after
application. If symptoms persist or do not lessen beyond this time frame, seek medical attention. If a subject
loses consciousness, seek medical attention.
Certain subjects may have a more severe reaction to the application of OC, including possible allergic reaction.
Any individual having a severe or allergic reaction to OC will have medical attention rendered to them as soon as
possible. (Reference JCSO PP 911 for authorized OC specifications. [LINK])
On-duty detention medical staff will be notified when an arrestee arrives that has been sprayed with OC. The
arrestee will be accepted for incarceration if the medical staff concludes that the arrestee does not need to be
cleared by a physician.
The decision of the medical staff and on-duty detention supervisor is final concerning medical clearance.
TASER is a conducted energy device designed to incapacitate an uncooperative subject from a safe distance
without causing death or permanent injury. TASER is a less-lethal instrument.
TASER Use
A deputy is justified in using an authorized TASER when he/she believes a lesser degree of force is inadequate
or has failed to bring about the subject's compliance. Deputies will give verbal warning that the TASER will be
used prior to its use when practical. The deputy should take into consideration a subject's actions and other
officer safety circumstances which could result in injury to a third party, the deputy, or the subject. Justification of
these circumstances must be documented in a sheriff's office case report. Deputies must have articulable
justification for each TASER cycle.
The TASER should be avoided in the following situations, unless exceptional circumstances exist:
After the use of a TASER, removal of TASER probes will only be done by deputies who are authorized to do so
and have received the proper training. Deputies will use appropriate universal precautions when removing
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TASER probes. The probes will be inspected to ensure the probes and barbs are still intact. If the probes and
barbs are not intact and believed to be inside the subject's body, the deputy will advise medical personnel.
Only qualified medical staff may remove TASER probe(s) that are embedded in sensitive
areas such as the face, neck, genital area, breast, or are otherwise deeply embedded.
Additional medical attention will be provided when appropriate.
All injuries related to use of a TASER will be photographed.
The used TASER cartridge and probes will be submitted to the evidence vault for destruction. If the TASER
probe(s) penetrated any of the above noted sensitive areas, the cartridge and probe(s) will be submitted to the
evidence vault and maintained as evidence. The TASER probe(s) and cartridge will be treated as a bio-hazard
and will be handled with extreme caution according to sheriff's office approved TASER training.
TASER Training
Only those deputies who have completed the sheriff's office approved TASER training course will be authorized
to carry a TASER.
All sheriff's office personnel authorized to carry the TASER will attend annual re-certification training on its use.
The manufacturer recommends that TASERs be function-tested on a daily basis. Deputies should conduct a
function test prior to their assigned shift. To ensure firing data from all assigned TASERs is collected, maintained,
and preserved, TASER downloads will be conducted as follows:
TASER Inspections
TASERs will only be activated for daily maintenance or when utilized against persons meeting deployment
requirements.
Supervisors will periodically inspect TASERs for proper function during line inspections. Each deputy will inspect
his/her TASER and conduct a function test after each actual deployment. This after-action test will be
documented in the deputy's written report and in the Use of Force Review (when deployed on a person).
All TASERs will be inspected by a JCSO TASER armorer/instructor prior to being issued. The sheriff's office
Supply Unit is responsible for all repairs through a TASER-authorized representative. (Reference JCSO PP 911
for authorized TASER specifications. [LINK])
Impact Weapons
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The baton is used to control active aggression. A deputy is justified in using an authorized baton as an impact
weapon when the deputy believes a lesser degree of force is inadequate or has failed to bring about the subject's
compliance and deadly force is not justified.
Only those deputies who have completed sheriff's office approved impact weapon training will be authorized to
carry a baton. (Reference JCSO PP 911 for authorized impact weapon specifications. [LINK])
Alternative force delivery equipment include but are not limited to Kinetic Energy Impact Projectiles and
Electronic Control Devices such as the ICE Shield and the Karbon Band-it. Deputies will use these force options
in accordance with their training.
Kinetic energy impact projectiles are impact projectiles that are fired from an approved delivery platform. They
are designed to incapacitate an individual with a reduced potential for causing serious bodily injury or death.
When practical, prior to deploying the kinetic energy impact projectiles, the deputy will advise assisting deputies
that less-lethal force is being deployed.
Although classified as less-lethal, the potential exist for less-lethal munitions to inflict serious injury when they
strike the face, eyes, and neck. Therefore, when deploying a less-lethal munitions system, deputies will avoid
intentionally striking those body areas unless a life-threatening situation exists.
When deploying kinetic energy impact weapons, deputies should avoid the intentional
targeting of the head, neck, chest, kidneys, spine, groin and knee joints unless a life
threatening situation exists.
The use of kinetic energy impact projectiles is considered deadly force if intentionally
deployed at the head or neck.
Subjects who are struck by a less-lethal round will be examined on-scene by medical personnel or transported to
a medical facility for examination and medical clearance.
A deputy certified in the use and deployment of kinetic energy impact projectiles is permitted to deploy these
munitions in accordance with their training.
Deputies must receive re-certification training every two years to maintain their certification.
(Reference JCSO PP 911 for authorized kinetic energy impact projectiles. [LINK])
A conducted energy hand-held shield designed to incapacitate a combative individual without causing death or
permanent injury, the ICE shield is a less-lethal device, which provides deputies with an alternative force option.
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The ICE shield will be used to control resistive or combative subjects or to gain compliance of otherwise non-
compliant subjects whose actions pose a danger to themselves or others. Prior to using the ICE shield, a deputy
will give verbal warnings that the ICE shield will be used. The deputy will take into consideration a subject's
actions and other officer safety circumstances, which could result in injury to a third party, the deputy, or the
subject. Justification of the circumstances surrounding use of an ICE shield will be documented in a sheriff's
office case report. [LINK]
The duration of each application should not exceed eight (8) seconds without any noticeable effects.
Deputies who have completed the sheriff's office approved TASER, SORT, or Riot Control training will be
authorized to deploy an ICE shield.
All sheriff's office personnel authorized to deploy the ICE shield will attend yearly re-certification training on its
use. (Reference JCSO PP 911 for authorized ICE shield specifications. [LINK])
Karbon Band-it
The Karbon Band-it is a remotely activated conducted energy device designed to incapacitate a resistive subject
without causing death or permanent injury.
The Band-it will be used to control resistive or combative subjects or to gain compliance of non-compliant
subjects whose actions pose a danger to themselves or others, primarily during transportation to, or incidents
occurring outside of, the Jefferson County Sheriff's Office Detention Facility.
Prior to its use, the deputy will give either a verbal warning or they will activate the audible warning contained
within the device. The deploying deputy will take into consideration a subject's actions and other officer safety
circumstances, which could result in injury to a third party, the deputy, or the subject.
In cases involving a medical procedure, deputies will not use the Band-it unless authorization from attending
medical personnel is obtained and documented prior to use.
Justification of the circumstances surrounding use of the Band-it will be documented in a sheriff's office case
report.
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Deputies who have completed sheriff's office approved basic user training will be authorized to deploy the Band-
it.
All sheriff's office personnel who are authorized to deploy the Band-it will attend yearly re-certification training on
its use.
Canine
A canine is a specialized law enforcement tool that is used to assist various components of the sheriff's office.
The use of a canine is considered less-lethal force. Refer to section 2-195 of the Patrol Operations Manual [LINK]
and 2-301 of the Canine Operations Manual [LINK].
Training
In accordance with Jefferson County Sheriff's Office Policy and Procedure Manual, Section 534 [LINK], training is
required annually or biennially for lethal and less-lethal weapons, equipment, de-escalation techniques, and
mental health issues. This training will be designed to simulate actual situations and conditions encountered by
deputies. The goal will be to enhance deputy discretion and judgement when using deadly and non-deadly force
in accordance with this policy. Deputies who fail to meet initial training standards will undergo relevant remedial
training prior to returning to full duty.
All Jefferson County Sheriff's Office personnel required to carry lethal and less-lethal weapons will be provided
with, and instructed in, all policies and procedures pertaining to use of force, use of less-lethal force, and use of
deadly force prior to being authorized to carry such weapons. Receipt of policies and procedures or other
associated written directives will be documented.
Deadly Force
A deputy may use deadly force on another person only when it is objectively reasonable to do so under the
totality of the circumstances known to the deputy at the time.
Deputies possess and utilize equipment to defend themselves or others against deadly force. A deputy may use
deadly force when it is objectively reasonable to preserve his/her life or another person's life. When deadly force
is used by a deputy, it must be with the realization that the death of a person may occur. The goal of the deputy in
deadly force encounters is to stop the threat while minimizing the risk of injury to the deputy, fellow officers and
other members of the public.
Justification for the use of deadly force must be limited to what reasonably appears to be the facts known or
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perceived by a deputy at the time he/she decides to use such force. Facts unknown to a deputy, no matter how
compelling, cannot later be considered in determining the objective reasonableness of the use of force.
In accordance with C.R.S. 18-1-707 [LINK], a deputy may use deadly physical force to effect an arrest or to
prevent an escape of a person in custody whom the deputy reasonably believes:
Is acting in such a manner as to present a clear and imminent danger of death or serious bodily injury to
any person, or
Is escaping from lawful confinement in a detention facility, charged with or convicted of a felony, and
presents an imminent danger to human life or of serious bodily injury to another, or
Is in immediate flight from the commission of a felony and presents an imminent danger to human life or of
serious bodily injury to another.
Prior to discharging a firearm or using other deadly physical force, the deputy will identify himself/herself as a law
enforcement officer. The deputy will give clear verbal warnings of his/her intent to use deadly force and permit
sufficient time for the warning to be observed, unless doing so would unduly place the deputy or fellow officer(s)
at risk of injury, or would create a risk of death or injury to other persons.
A deputy is not permitted to fire warning shots to induce surrender of any person, absent extreme
justification.
A deputy will not discharge a firearm from a moving vehicle, absent extreme justification.
Discharging a firearm at a moving vehicle will only be considered in instances when a person in the
vehicle is immediately and directly posing a risk of death or serious bodily injury to the deputy or
another person (either using the motor vehicle itself or by use of another form of deadly force).
When possible, a deputy threatened by an oncoming vehicle will move out of its path instead of
discharging a firearm at it or any of its occupants.
The use of vascular neck restraints and/or respiratory neck restraints ("choke holds"), is prohibited.
Circumstances may arise in which a deputy reasonably believes it would be impractical or ineffective to use any
of the lethal or less-lethal weapons or methods provided by the sheriff's office. In this case, a deputy may find it
more effective to improvise their response to rapidly unfolding conditions. In such circumstances, any improvised
device or method which is reasonable in nature may be utilized to bring an incident under control or to protect
property.
In the event a situation warrants the use of deadly force and the use of an assigned firearm is not
available or practical, a deputy is authorized to deliver deadly force by any reasonable means necessary
to neutralize the threat and ensure the safety of the public and/or deputy involved.
In the event a deputy uses alternative devices or methods, the deputy will be required to articulate the
reason for employing such tactics in the case report.
Notification of use of force will be made to an on-duty supervisor as soon as reasonably possible.
The involved employee's supervisor will make notification via e-mail through the chain of command,
including the Administrative Investigations Unit, within 24-hours of the incident. The e-mail will include
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names of the deputy(s) involved, any resulting injuries, nature of call, type of force used, and case report
number.
Upon receipt of the notification e-mail, the Administrative Investigation Unit will assign a use of force
tracking number to the incident and will send the number to the sergeant via e-mail.
When a use of force results in serious bodily injury, timely notification will be made to the affected division chief
via chain of command who will notify the undersheriff and/or sheriff.
When a use of force results in death, immediate notification will be made to the affected division chief via chain of
command as well as the Criminal Investigation Division. The Administrative Investigation Unit supervisor, the
undersheriff, the sheriff, and the district attorney will also be notified.
The sheriff will direct the activation of the Jefferson County Critical Incident Response Team (C.I.R.T.) to review
incidents involving the discharge of a firearm by a deputy which resulted in injury or death. (Reference C.R.S. 16-
2.5-301)
The sheriff may request activation of the Jefferson County C.I.R.T. in other instances the sheriff deems
appropriate.
Absent exigent circumstances, the report will be completed prior to the end of shift for the involved employee.
an individual's complaints of pain are caused by the appropriate application of soft hand pressure point
control techniques, control holds, or handcuffing, and there is no obvious injury
destroying injured wildlife or using less-lethal force against wildlife (a computer management system
incident DOW report and immediate notification of supervisor is required)
a firearm is used for practice or in lawful recreational or hunting pursuits
a sheriff's office canine inadvertently causes injury to an employee and/or other law enforcement officer
during a canine training event
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Duty to Intervene
Any deputy acting in an official capacity, who observes another deputy or any other peace officer acting in their
official capacity, use force clearly beyond that which is objectively reasonable under the circumstances, will, when
in a position to do so, safely and immediately intervene to discontinue the use of such force. This action will be
taken without regard to the organizational rank or position of any involved deputy or officer. The deputy will notify
chain of command immediately afterwards and submit a Directed Report in memo format prior to the end of their
shift.
The report will be made separately and not as part of any arrest, criminal, or incident report relating to the
incident.
The supervisor receiving the report will immediately forward it to the sheriff, via chain of command, by the end of
the next business day, unless:
Upon notification, the supervisor will initiate a Use of Force Review via the BlueTeam Reporting System.
Failure to intervene and report excessive use of force perpetrated by another peace officer may result in
subsequent criminal charges and/or administrative discipline.
Employees who report excessive use of force will not be subject to retaliation.
The administrative Use of Force Review will be conducted by the employee's chain of command, to include the
sheriff, utilizing the BlueTeam Reporting System. Once the Use of Force Review is completed, the Use of Force
Administrative Review Process will begin.
When the administrative review determines the employee was justified in the use of force or action, the Use of
Force Review and all supplemental documentation will be forwarded to the Administrative Investigations Unit to
be filed through the BlueTeam Reporting System. If, at any point during the administrative review, there is an
indication the use of force was not justified or additional fact finding investigative measures are warranted, the
reasoning for this belief will be brought to the attention of the appropriate division chief who, if in concurrence, will
initiate a review by the Force Review Board.
The sheriff will review all use of force reports and make the final determination as to the appropriate disposition of
a use of force incident.
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The Administrative Investigations Unit supervisor will prepare and present to the undersheriff an annual analysis
on the use of force by sheriff's office employees.
The Force Review Board may be utilized to review and make recommendation for any use of force situation upon
request of the appropriate division chief, undersheriff or sheriff. The purpose of the Force Review Board is to
make recommendations concerning training considerations, compliance with policy, and policy changes identified
through a comprehensive review of use of force incidents. The Force Review Board will be chaired by the
Support Services Division chief, or designee, and consist of a command officer, one or more arrest control
instructor(s), or subject matter expert in the area being reviewed, a representative from the training section, and a
representative from the Administrative Investigations Unit. The Support Services Division chief will select
members to serve on the board on as as-needed basis.
JCSO division chiefs may attend Force Review Board meetings at their discretion.
The Force Review Board will review all referred reports, reviews, previous recommendations and any
supplemental documentation for compliance with Jefferson County Sheriff's Office Policy and Procedures,
department directives, and applicable law. The Force Review Board may call in experts or other informed
individuals to help it decide if a use of force was in violation of policy. If there is insufficient information to give a
recommendation, the Force Review Board will send the complete Use of Force Review, investigation, along with
the questions that need to be addressed, to the Administrative Investigations Unit who will conduct additional
investigation. The facts addressed by the Administrative Investigations Unit investigation will then be provided to
the Use of Force Board for further review.
The Force Review Board will make recommendations through a consensus process when possible. If consensus
cannot be achieved, the Force Review Board chair will provide final determination. A written memorandum will be
provided to the requesting division chief for review through the chain of command.
Force Review Board members will be selected by the chief of the Support Services Division. The chief will
determine the qualifications and selection process for members and may rely on the member's knowledge and/or
experience with use of force.
A watch supervisor will be dispatched to the scene of the incident and will assume primary responsibility for the
deputy or deputies. Communicating emotional support and reassurance is paramount. The watch supervisor will
make appropriate arrangements for all necessary medical treatment.
Notifications to both the Patrol and Criminal Investigation Divisions' chain of command are made
The involved deputy is offered food and water to satisfy his or her basic needs as soon as possible
The deputy will be allowed to notify his or her family by telephone as soon as reasonably possible
following the incident
The deputy refrains from discussing details of the incident with his/her family
The use of social media by involved personnel, in any form, during this time is strictly prohibited
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While the deputy is on scene, they have no immediate duties to fulfill and he or she will be moved to a
quiet area
At all times when at the scene of the incident, the watch supervisor will handle the involved deputy in a manner
that acknowledges the stress caused by the incident and refrain from passing judgement regarding the shooting.
The on-duty watch commander will obtain the deputy's yellow emergency notification form from the Business
Office.
As outlined in the emergency notification form, the watch commander will notify the previously identified agency-
approved Peer Support Program team member, companion deputy, other supportive friend, or chaplain. Upon
arrival, that person will remain with the deputy, but will be advised not to discuss details of the incident. If the
deputy has an immediate need to talk about the shooting incident, he or she will be encouraged to do so with
those who have legal, privileged confidentiality.
Until the deputy's weapon is relinquished to the investigative entity, the deputy and the weapon will remain in the
presence of a designated employee.
The watch commander will notify the firearms training coordinator of the incident and request a response with a
weapon matching that of the involved deputy or deputies. This is in preparation for the deputy relinquishing his or
her weapon to the involved investigating entity.
The watch commander will notify the on-call Fraternal Order of Police (FOP) board member for arrangement of
legal representation for the deputy. If the deputy is not a member of the FOP, the deputy will be allowed to make
arrangements for legal representation.
Preliminary Investigation
Where possible, the watch supervisor on scene will meet with the deputy. Any standard criminal or administrative
investigations that will occur concerning the incident should be explained to and discussed with the deputy.
The deputy will be advised that he or she may seek legal counsel at any time.
Questions specific to the incident will be limited to a one time explanation of what happened.
The deputy will be advised not to discuss the incident with anyone except a personal attorney, agency
investigator, or qualified mental health professional (QMHP) until the conclusion of the preliminary investigation.
Deputy Injury/Death
When a deputy-involved shooting incident results in deputy injury, an agency official and another member of the
sheriff's office (preferably an individual with personal knowledge of the deputy and his or her family), will
personally notify the deputy's family and arrange for their transportation to the hospital or other location as
required.
If a deputy is transported to a hospital, a companion deputy will accompany the deputy in the ambulance or will
meet the deputy upon arrival. The companion deputy will provide all reasonable support to the deputy and act as
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a liaison between the deputy and the hospital, until the liaison specified on the deputy's emergency notification
form can arrive.
The sheriff's office will offer to assign a member of the peer support team to the deputy's family for security,
support, and management of media inquiries and visitors.
When an involved shooting incident results in death, procedures outlined in JCSO Policy and Procedure Manual,
Section 783 Line of Duty Death will be followed [LINK].
Any employee whose action, use of force, or direct involvement results in a death or serious bodily injury will be
given leave from line duty assignment until a review of the incident is complete and authorized by the sheriff.
For time accounting purposes, the leave will be recorded as administrative leave.
Administrative Leave
The deputy will be placed on mandatory administrative leave with pay but will remain available for any necessary
administrative investigations during the defined time frame of Monday through Friday, 8 a.m. to 5 p.m. It is
important the deputy and the public understand the leave period is not a disciplinary suspension.
The deputy will be required to attend a confidential one-on-one post incident intervention with the agency's
qualified mental health professional (QMHP) as soon as reasonably possible following the incident. They may
additionally be required to attend a group debriefing provided by the agency's QMHP as soon as reasonably
possible following the incident. After the QMHP meets with the deputy, and with the deputy's understanding, the
sheriff's office will be advised of:
Follow-up counseling services will be made available to the deputy and his or her family. The initial follow-up will
be face-to-face. The family of the deputy is strongly encouraged to take advantage of available sheriff's office
mental health and counseling services. It is recommended that family/relationship joint counseling services be
offered to the deputy and his or her family or significant other when possible.
To promote trust and encourage the use of mental health and counseling services, all one-on-one debriefings and
other individual counseling sessions will be kept confidential. Any information provided to the QMHP will be used
solely for return-to-work status recommendations.
Agency De-briefing
As soon as reasonably possible, an agency briefing concerning the incident will occur to minimize rumors.
Sheriff's office employees will be encouraged to demonstrate their concern for the involved personnel.
Internal Investigation
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Any agency investigation of the incident will be conducted as soon as practical. This office will make every effort
to expedite the completion of any administrative or criminal investigations with the understanding that it can
decrease the negative distress reactions the deputy may experience. The deputy will be informed of the progress
and any outcomes of the investigation on a regular basis.
Media Relations
The deputy will be advised that he or she is not permitted to speak with the media about the incident. The deputy
will refer all inquiries from the media to a sheriff's office public information officer.
Return to Work
An employee may return to full duty upon verbal or written clearance by the district attorney or when deemed
appropriate by the sheriff.
During the post-incident time period and administrative leave, a Jefferson County Sheriff's Office liaison will be
assigned to communicate a minimum of once a week with the involved deputies. This liaison will also be
responsible for coordinating the required training sessions for the deputy's return to work, as well as obtaining
any equipment needs the deputy requires prior to returning.
Prior to returning to work, the involved deputy will be required to qualify with his/her own service weapon in
accordance with Jefferson County Sheriff's Office Policy and Procedures Manual, Section 912 [LINK]. This
qualification will be a private session with a sheriff's office range instructor so as not to impact the deputy any
more than necessary.
The sheriff's office may seek a determination by a designated QMHP that an employee is ready to return to line
duty assignment.
Physical, cognitive, emotional, and behavioral reactions or problems may not arise immediately, or the deputy
may attempt to hide his or her problems. Supervisors are responsible for monitoring the behaviors of unit
members for any adverse reactions or symptoms and will continually make information about the agency's peer
support, chaplaincy, and mental health programs available to their unit members.
A supervisor may order a deputy to seek assistance or counseling from a QMHP upon a reasonable belief that
stress may be disrupting the deputy's job performance.
Training
In accordance with Jefferson County Sheriff's Office Policy and Procedures Manual, Section 534 [LINK], sheriff's
office employees will receive training pertaining to post-shooting reactions and behaviors ("post-traumatic
reactions"), as well as standard procedures contained within this policy. Sheriff's office supervisors will be trained
to identify post-shooting trauma reactions and behaviors.
Agency Requirements
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Any state or local law enforcement agency that employs a peace officer who is involved in an officer involved
shooting that results in a person suspected of criminal activity being shot at, injured or killed by the officer will
report specified information to the state. (C.R.S. 24-33.5-517) [LINK]
Each police department, sheriff's office, and district attorney within the state will develop protocols for
participating in a multi-agency team, which will include at least one other police department or sheriff's office, or
the Colorado Bureau of Investigation, in conducting any investigation, evaluation, and review of an incident
involving the discharge of a firearm by a peace officer that resulted in injury or death. The law enforcement
agencies participating need not be from the same judicial district. (C.R.S. 16-2.5-301) [LINK]
Each law enforcement agency will post the protocol on its web site or, if no website exists, make it publicly
available upon request. The protocol required by this section will be completed and implemented by December
31, 2015. (C.R.S. 16-2.5-301)
Each law enforcement agency will develop and maintain a policy for supporting a peace officer who has been
involved in a shooting or deadly use of force. (C.R.S. 16-2.5-403) [LINK]
If no criminal charges are filed following the completion of an investigation pursuant to C.R.S. 20-1-114 [LINK]
and C.R.S. 16-2.5-301 [LINK], the district attorney will release a report and publicly disclose the report explaining
the district attorney's findings, including the basis for the decision not to charge the officer with any criminal
conduct. The district attorney will post the written report on its website or, if no website exists, make it publicly
available upon request.
If the district attorney refers the matter under investigation to the grand jury, the district attorney will release a
statement at the time the matter is referred to the grand jury disclosing the general purpose of the grand jury's
investigation. If no true bill is returned, the grand jury may issue a report pursuant to section 16-5-205.5, C.R.S.
[LINK].
The First Judicial District Critical Incident Response Team (C.I.R.T.) is comprised of multiple individuals from
several agencies. At a minimum it must include:
one command level officer from the involved agency to act as a liaison to the C.I.R.T.
four team coordinators, one each from Jeffco, Lakewood, Wheat Ridge, and Arvada
two team leaders, one to manage the scene and one to manage interviews
designated support personnel (lab techs and investigators)
The C.I.R.T. will be activated at the request of the sheriff or designee. Request for activation is made to one of
the four team coordinators.
At the request of the sheriff, the C.I.R.T. may investigate other use of force situations resulting in death, in-
custody deaths, or other non-traffic situations involving injury or death where an outside investigation may assist
in protecting the integrity of the case.
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This investigation is not intended to take the place of any internal investigation. Both investigations can run
simultaneously, but it is not C.I.R.T's responsibility to review compliance with departmental policies. All
information received during the C.I.R.T. investigation will be turned over to the sheriff's office.
In accordance with provisions of the Colorado Dog Protection Action, the Jefferson County Sheriff's Office will
prevent, whenever possible, the shooting of dogs by our deputies in the course of performing their duties. The
purpose of this policy is to address encounters with dogs in the course of duty and the use of force against such
dogs. This policy is not intended to prohibit any deputy or animal control officer from resorting to lethal force to
control a dangerous dog should less-lethal alternatives fail or be determined to be impractical. (C.R.S. 29-5-112)
[LINK]
Sworn personnel and Animal Control Officers (ACO) will receive a minimum of three (3) hours of training prior to
January 1, 2015, or within their first year of employment after January 1, 2015, in the following areas:
Identification and meaning of common canine behaviors (e.g. dog posture, barking and other
vocalizations), and differentiation between dogs that are exhibiting behavior that puts law enforcement
officers or other persons in imminent danger, and dogs who are not engaging in such behavior
Alternatives to deadly use of force against dogs
What constitutes a reasonable opportunity for a dog owner to control or remove the dog from the area
Methods to effectively evaluate and safely react to situations involving potential dog interaction, including
options for distracting and escaping from a dog, options for safely capturing a dog, and defensive options
in dealing with a dog.
Compliance with the prescribed training mandates in the Colorado Dog Protection Act is the responsibility of the
Training and Academy Section of the Support Services Division.
A deputy or ACO is authorized to use physical or mechanical force that is objectively reasonable and necessary
to bring a dog under control. A deputy or ACO is authorized to use sheriff's office approved techniques and
equipment to apply force to dogs in situations when it is necessary to:
In the event a deputy or ACO uses force against a dog and the dog is injured or there is reasonable belief the
dog is injured, the deputy or ACO will make reasonable attempts to ensure the dog receives medical care.
Deputies and ACOs may use deadly force to dispatch a dog under the following circumstances:
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When the deputy or ACO reasonably believes such action is immediately necessary to protect the deputy,
ACO, another person, or another animal from imminent danger or death or serious bodily injury
As a humanitarian measure when the dog is seriously injured and suffering
Deadly force to euthanize a dog may only be used when there is no risk or danger to others in the
surrounding area from the application of force
Deadly force will not be used if the deputy or ACO reasonably believes an alternative to the use of deadly force
will avert or eliminate an imminent danger of death or serious bodily injury, at no increased risk to the deputy,
ACO, another person, the dog, or other animals.
Any deputy or ACO whose use of force results in death or serious injury to a dog or other animal will report that
use of force to his or her supervisor as soon as practical and before the end of his/her shift. Deputies and ACOs
will notify their supervisor when they use force on a dog or other animal.
When a deputy or ACO uses force against a dog, a Use of Force Review will be completed in accordance with
established procedures.
Response to the scene will be at the supervisor's discretion when a deputy or ACO has used less-lethal or non-
deadly force.
A supervisor will respond to the scene when a deputy or ACO uses deadly force.
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