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HomeMy WebLinkAbout02-08-2022 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: February 3, 2022 TO: CPRB Members FROM: Kellie Fruehling RE: Board Packet for meeting on TUESDAY, FEBRUARY 8, 2022 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 2/08/22 • Minutes of the meeting on 01/11/22 • ICPD Use of Force Review/Report November • ICPD General Order 99-05 (Use of Force) • ICPD General Order 07-02 (Detainee Processing) • DRAFT Community Forum Flyer • DRAFT Forum 1st News Release • DRAFT Community Police Review Board Forum 2"d News Release • Office Contacts — January • Complaint Deadlines AGENDA COMMUNITY POLICE REVIEW BOARD I"'131111''''",Si`: "" Ilfr, ''.Ilk 1' ti JIICt"'HC 8, 2022 5:30 EMMA J HARVAT HALL 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 01/11/2022 • ICPD Use of Force Review/Report November • ICPD General Order 99-05 (Use of Force) • ICPD General Order 07-02 (Detainee Processing) ITEM NO. 3 NEW BUSINESS ITEM NO. 4 OLD BUSINESS • Discussion Community Forum ITEM NO. 5 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address the Board for no more than 5 minutes. The Board shall not engage in discussion with the public concerning said items). ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS • March 8, 2022, 5:30 PM, Emma J Harvat Hall • April 12, 2022, 5:30 PM, Emma J Harvat Hall • April 20, 2022, 6:00 PM, Community Forum (Virtual) ITEM NO. 9 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 21.5(1)(i) to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 10 ADJOURNMENT If you will need disability -related accommodations in order to participate in this program/event, please contact Tammy Neumann at 319-356-5043, tammy-numann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — January 11, 2022 CALL TO ORDER: Chair Amanda Nichols called the meeting to order at 5:33 p.m. MEMBERS PRESENT. Amanda Nichols, Jerri MacConnell, Saul Mekies, Orville Townsend MEMBERS ABSENT: Theresa Seeberger STAFF PRESENT: Staff Kellie Fruehling, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Police Chief Dustin Liston, CPRB Liaison - Councilor Laura Bergus RECOMMENDATIONS TO COUNCIL (1) Accept CPRB #21-02 Report (2) Accept CPRB #21-08 Report (3) Accept CPRB #21-09 Report CONSENT CALENDAR Motion by Nichols, seconded by Mekies, to adopt the consent calendar as presented. • Minutes of the meeting on 12/13/21 • ICPD General Order 99-05 (Use of Force) • Quarterly Summary Report IAIR/CPRB, 41h Quarter 2021 Chief Liston noted there were some changes to the Use of Force general order and would be included again in the next meeting packet. Motion carried, 4/0, Seeberger absent. NEW BUSINESS Discussion Community Forum Fruehling asked for Board direction regarding the upcoming community forum in regard to location, date, and time. Fruehling also noted the Board typically had an opening topic to present on which has helped prompt discussion and questions from the public. The Board agreed to a virtual forum via Zoom on Wednesday, April 20th at 6:00 pm. The topic will be Communicating with the CPRB, who we are and what we do. Fruehling will work with the Board Chair on the wording for the flyer. OLD BUSINESS None. PUBLIC DISCUSSION City Councilor Laura Bergus introduced herself as the new CPRB Liaison, BOARD INFORMATION None. CPRB January 11, 2022 STAFF INFORMATION Fruehling demonstrated the revised online CPRB Complaint form which begins with asking the complainant if the incident involves an Iowa City police officer. The Board asked to have the option of Unsure listed which if chosen would provide the phone number to the City Clerk's office for additional assistance and agreed to the change. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS sub"ect to can • February 8, 2022, 5:30 PM, Emma J Harvat Hall • March 8, 2022, 5:30 PM, Emma J Harvat Hall • April 12, 2022, 5:30 PM, Emma J Harvat Hall EXECUTIVE SESSION Motion by Mekies, seconded by Townsend to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Seeberger absent. Open session adjourned at 5:52 P.M. REGULAR SESSION Returned to open session at 6:56 P.M. Motion by Mekies, seconded by Nichols to accept CPRB Reports #21-02 as amended and forward to City Council. Motion Carried, 4/0, Seeberger absent. Motion by Nichols, seconded by Townsend to set level of review for CPRB #21-07 at 8-8-7(B)(1) (a) on the record with no additional investigation. Motion Carried, 4/0, Seeberger absent. Motion by Townsend, seconded by Mekies to summarily dismiss CPRB Reports #21-08 and #21-09. Motion Carried, 4/0, Seeberger absent. ADJOURNMENT Motion for adjournment by Nichols, seconded by Townsend. Motion carried, 4/0, Seeberger absent. Meeting adjourned at 6:58 P.M. zoox .................... r r.,C7 y0 ........... Z> _ rA ..... ........... !4Ato z d 0 ° ° A � N v >t k x x 1 k Nosyy ........... . .... ......... W; N 0 x >t w N N N N O �+ >C 0 k k >! N N _............. k k x x k � .a...... .. �. N O N r+ O n+ ZZ r+ �+ N O N I�J L COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 January 11, 2022 To: City Council Complainant City Manager Equity Director Chief of Police - Officer(s) involved in complaint .: From: Community Police Review Board Re: Investigation of CPRB Complaint #21-02 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB # 21-02 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings on/ if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(13)(5).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on September 20, 2021. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on October 19, 2021. As per Iowa City Code Section 8- 8-6(D), the Complainant was given the opportunity to respond to the Chiefs report, no response was received. The Board voted on December 13, 2021 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)( a). The Board met to consider the Report on November 1, 2021, December 13, 2021 and January 11, 2022. Prior to the December 13, 2021 meeting, the Board reviewed audio/video recording of the incident. FINDINGS OF FACT The citizen complained that the two police officers had violated her mental health status. The Police Chiefs -investigation found that the police officers- head entered the bar -to look -fora different,suspect-and had not had any interaction with this citizen until the complainant initiated contact to say they were "being triggered by their presence". The officer's response was that the complainant could leave. ALLEGATION 1 — Harassment. After watching body cam video, the Board voted to not sustain the citizen's complaint. The board affirmed the opinion set forth in the report of the police chief and/or city manager. There is no evidence that the officer harassed the complainant. w Chief's Conclusion - Not sustained Board's Conclusion - Not sustained ALLEGATION 2 — Denial of Mental Health Status (response to person in crisis),. == g y p afnt:'ThiAoard _. After watching body cam video, the Board voted to not sustain the citizen's com I affirmed the opinion set forth in the report of the police chief and/or city manager. There i ''po evidence that the complainant was in crisis and a threat to themselves or others. There is also no evidence that they requested assistance. Chief's Conclusion - Not sustained Board's Conclusion - Not sustained or Sustained CPRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL vs0gat On January 11, 2022, the Community Police Review Board ("CPRB") reviewed Complaint CPRB #21-08, filed December 4, 2021. The Board concurred with the findings of the Chief of Police that the complaint did not concern the conduct of an Iowa City police officer. City Code, Section 8-8-3 (A) provides: A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or " off i ce r_"Le—L77ployect bydlz G'lt f ,Loa4A.CQlf� ftg_ a.mtMt—where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. (Emphasis added.) City Code Section 8-8-3 (E), provides: "...those complaints to the board which do not involve the conduct of an Iowa City sworn police officer or are not timely filed may be subject to summary dismissal by the board. In accordance with these code provisions, Complaint CPRB #21-08 was summarily dismissed. DATED: January 11, 2022 CPRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL On January 11, 2022, the Community Police Review Board ("CPRB") reviewed Complaint CPRB #21-09, filed December 8, 2021. The Board concurred with the findings of the Chief of Police that the complaint did not concern the conduct of an Iowa City police officer. City Code, Section 8-8-3 (A) provides: A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer,. `J rra-% d.�: _. ty!..Q-f QL4 Ct .,p�Qljce gdep rt ra nt,-where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. (Emphasis added.) City Code Section 8-8-3 (E), provides: "...those complaints to the board which do not involve the conduct of an Iowa City sworn police officer or are not timely filed may be subject to summary dismissal by the board." In accordance with these code provisions, Complaint CPRB #21-09 was summarily dismissed. DATED: January 11, 2022 TO: Chief Dustin Liston FROM: Sgt. Andrew McKnight RE: November 2021 Use of Force Review DATE: January 20', 2022 The Iowa City Police Department policy requires an employee to complete a written report for any reportable use of force. Reportable use of force is defined in the Department's General Order 99-05, which is titled Use of Force and available for public viewing on the department's website. This policy provides employees with guidelines on the use of deadly and non -deadly force. Upon receipt of the report, the supervisor is responsible for completing an administrative critique of the force. This process includes interviews with involved employees, body worn and in -car camera review, review of any additional available video, and review of written reports. The employee's use of force report and the supervisor's critique is then forwarded to the Captain of Field Operations and the Chief of Police for final review and critique. On a monthly basis, the previous month's use of force reports and supervisor critiques are reviewed by an administrative review committee consisting of a minimum of three sworn personnel. This Use of Force Committee consists of two supervisors as designated by the Chief of Police and one officer, typically a certified use of force instructor. The Use of Force Review Committee met on January 20th, 2022. It was composed of Sgt. McKnight, Sgt. Bailey, and Officer Fowler. For the review of submitted reports in November, the Review Committee documented the following: r 39 individual officers were involved in 23 separate incidents requiring use of force. There were no documented cases of an officer exercising his/her duty to intervene and the review of the incidents did not indicate that an officer failed their duty to intervene. o Out of the 23 uses of force, 18 involved force being used against people. The other five were animals being euthanized by an officer. Out of the 39 officers involved in the 18 uses of force against people, three superficial injuries were sustained by an officer and one serious knee injury was sustained by an officer. Two superficial injuries were sustained by suspects. One officer was identified as violating policy in one incident. Corrective action is pending. No other policy violations were identified. Out of the 18 uses of force against people, 16 arrests were made (88%). r Mental health was identified by officers as being a factor in two of the uses of force used against persons (11%). . Drugs and/or alcohol was identified by officers as being a factor in eleven of the 18 uses of force against persons (61%). Out of the 18 times force was used on a person, five were identified as White (27%), thirteen were identified as Black (72%). Out of the 23 uses of force, the average number of officers involved in the force was (1.6) In total during this time period, the ICPD had 4,830 calls for service with 23 calls for service resulting in force being used. It is noted that five of the 23 uses of force involved animals and not humans. The highest level of force in each incident is reflected below along with the year-to-date: Force Used November 2021 Occurrences 2021 Year -to -Date Hands-on 11 94 Taser Display 1 12 Taser Discharge 10 OC SraY Deployment 0 13 Firearms) Displa 3 26 Firearms Discharge 0 0 L....... ASP Strikin 0 _... Q „ Officer Strikin /Kickin 2 .. ... 5 Animals Euthanized by Officer _ _ 5 44 S eci� a1 Response Team Callouts 0 _ 1 Vehicle Pursuits 0 0 Officer Injuries _ 4 19 Suspect Injuries _... 2 _.�1 ......_.� Reports to U.S. DOJ 0 0 ........ Total Use of Force incidents to date equal 223. Total calls for service in the same period equal 64,215. This results in a year-to-date use of force being deployed in .34% of our total year-to-date calls for service. IOWA CITY POLICE DEPARTMENT Use of Force Report b November 2021 ._._ Watch Date Incident Incident Arrest Force Used Occurred Number type Made and Y/N Officers Involved Late Night 11/01 2021008171 Fight Y A male subject identified as Watch — being involved in a fight ran Three from officers. After a brief Officers chase he was located and placed under arrest. One officer took hold of his wrists in preparation for handcuffing however he pulled his arms towards the center of his body to resist the handcuffing process. Two officers continued to pull the subject's arms behind his back, but he continued to tense his body and pull away from officers. One officer reached behind the subject and pulled his hood over his head, pushing down on his head as the subject continued to pull away from officers. The subject was pushed face down on the ground where the subject continued to flail around and tense his body. Officers told Cr. the subject that he may be sprayed with a chemical irritant and the subject became compliant. Officers pulled the subject's arms behind his back, placed handcuffs on each wrist and ' completed the handcuffing _., process. There were no November 2021 Use of Force Report ......... _. ............. injuries to the subject or officers. Evening 11/03 2021008254 Trespass Y Officers were asked to Watch — respond to a private business Two by staff who wanted an Officers individual who was being disruptive removed from the premises. The subject initially refused to leave then got up and started walking away. An officer tugged on the subject's shirt to redirect him towards the exit. The subject responded by turning towards the officer and pushing their shoulder. An officer used their hands to push downwards on the subject's head, ordering him to the ground. The subject continued flailing his arms, turning towards officers and punching out towards the officer. As the subject fell to the ground, he continued to bear hug an officer. The officer used their hands to pull the subject's left arm up behind his back, using a wrist lock to gain compliance, while another officer took hold of the other arm, holding it in place for an officer to complete the handcuffing process. There were no injuries to the subject or officers. Evening 11/5 2021008302 Domestic Y Officers responded to a Watch — domestic assault where a Two female caller was yelling for Officers help. Upon arrival, a female was yelling for help inside a residence, so officers entered the residence and were confronted by a male subject "� who i nored commands to November 2021 Use of Force Report CD I p q^n,..J ...,.. __....... ......... ..._.. ..... ........ .._......... .—.. ......... get on the ground, instead electing to attempt to move to another part of the home where the female victim was located. One officer placed their right arm around his shoulder area and swept his feet from underneath him causing him to fall to the ground. Another officer pulled the subject's arms behind their back and placed handcuffs on each wrist. The subject continued to attempt to stand, at one point getting to his feet and lunging into the air, kicking out towards an officer. An officer struck the subject with a closed fist ending the assaultive behavior. There were no injuries to the subject or officers. Late Night 1115 2021008344 Fight Y Officers responded to a bar Watch — for reports of a subject who Two had been fighting. The Officers subject ran into an alleyway and was pursued by bar staff. The subject fell to the ground on to his back and an officer took hold of the subject's right wrist telling the subject to roll onto his stomach. Another officer attempted to kneel onto the ground, taking hold of the subject's arms in an attempt to roll him over, telling him to roll onto his stomach. He failed to comply and attempted to headbutt an officer. An officer took hold of the subject's shoulders and pushed the subject into the prone position, then took hold y of the subject's right arm, pulled it from underneath his T_ — ............. November 2021 Use of Force Report ............. .. . . ................. body and positioned his wrist so that it could be handcuffed. Another officer pulled his left arm behind his back and placed handcuffs on both wrists. There were no injuries ........ ........ ......... ......... ........_.....__.. .... to the subject or officers. .... Evening 11/6 2021008311 Injured N Injured rabbit shot and killed Watch — Animal by officer. One Officer ............................................. Evening 11/7 2021008363 .... _... . Traffic Y An officer performed a traffic Watch — Stop stop on a vehicle where the Three driver had violated several Officers traffic laws. Upon contact the driver was belligerent and refused to identify herself when asked multiple times. The subject was asked multiple times to exit her vehicle and she also refused to follow instructions. The subject rolled up her window and postured as if she were about to drive away. Two officers took hold of her left arm and pulled her from the vehicle. Upon exiting the vehicle, the subject was pulled to the ground where she pulled her arms and hands towards, his stomach area near her waistband and lay in the fetal position. An officer took hold of her right pant leg and repositioned the subject into the prone position. The subject continued to kick out and flail around while on the ground. Another officer crossed the subject's legs and pushed :u them towards the small of her =u i back to prevent her from kicking out while two officers r pulled her arms behind her ., ....... ............ _........ back andmplaced handcuffs on November 2021 Use of Force Report ------ .......... ......... .._......... .._. ...... ..... ._ the subject's wrists. There were no injuries to the officers or subject. Late Night 11/7 2021008342 Public Y Officers observed an Watch — Intoxication intoxicated male subject walk One Officer from the sidewalk into traffic, pretending to jump in front of a moving vehicle. When officers approached, he ran from officers. After a foot chase, an officer caught the subject, wrapped their arms around the subject's body and pulled him to the ground. The officer pulled the subject's arms behind his back and placed him into handcuffs. The subject sustained a minor cut to his right hand and there were no injuries to officers. Evening 11/8 2021008392 Injured N Injured deer shot and killed by Watch — Animal officer. One Officers Day Watch 11/9 2021008407 Mental N An officer was dispatched to a — One Health school for reports of a student Officer who had been violent with staff being restrained on the floor by staff members and his father. Upon arrival, one officer held the subject's right arm by placing their left hand under his right upper arm and their right arm on their right wrist. An officer then assisted with lifting the subject to his feet and walking the subject their patrol vehicle where the subject was transported for a mental health evaluation. There were no injuries to the subject or offic........ ...... _ Evening 11/11 2621 008477 Injured N . Injured deer shot and killed by Watch — Animal officer. One Officer November 2021 Use of Force Report —.... ..... ......... ....... —. ------ Evening 11/12 2021008483 Public Y Officers were flagged down Watch — Intoxication by a citizen and asked to Three respond to a dispute involving Officers multiple subjects. Officers arrived and found two intoxicated subjects who were arguing and had been involved in an altercation. One officer told a subject to leave the area multiple times or that he would be arrested for public intoxication. The subject continued to be belligerent at the scene and an officer decided to arrest the subject. One officer took hold of the back of the subject's clothing to pull him closer. He continued to walk away and began to tense his arms. An officer took hold of the subjects left arm with their hands and positioned his hands in front of him. The officer wrapped their arms around the subject's torso, lifted the subject off the ground and placed the subject face down on the ground. The subject immediately tucked his hands underneath his body and refused to place his hands behind his back. The officer gave the subject multiple commands to place his hands behind his back, but the subject continued to tense his arms tucking them under his body near his waistband. Officers also observed the subject attempting to grab officers' hands and at one point, he pinned an officer's arms under his. As the subject continued to struggle November 2021 Use of Force Report _._.__.. _. .... .... .......... — with officers an officer sprayed the subject in the face with a chemical irritant. Another officer delivered two closed fist strikes. Officers were able to pull the subject's arms behind his back and place hand cuffs on each wrist. There were no injuries to the subject or officers. Evening 11/13 2021008513 Traffic Y An officer attempted a traffic Watch — Stop stop on a vehicle travelling at One Officer a high rate of speed. The vehicle continued to evade the officer for a brief period of time. An officer observed the front seat passenger reaching around the passenger area as well as in the back seat area, ducking behind their seat. Once the vehicle stopped officers conducted a high -risk traffic stop and had their sidearms drawn as they called the individuals out of the vehicle. Officers found alcohol and drug paraphernalia in the vehicle and both subjects were charged and released. There were no injuries to officers or the subjects. Evening 11/14 2021008579 Warrant Y An officer identified a subject Watch — Arrest as having an active arrest One Officer warrant. Upon contact with the subject an officer asked the subject to exit his vehicle which he did. The subject was placed in handcuffs without incident. When the subject was told to walk towards a patrol vehicle for transport to jail, he began to plant his feet firmly on the ground and resist walking towards the vehicle. An officer was November 2021 Use of Force Report ..... ............. ....... .............. ...................... _ ...... holding on to the subject's left arm in order to maintain control. The subject continued to pull away from the officer, so they looped their right arm through the front of the subject's left arm and placed their right hand on his left shoulder. This caused the subject to remain off balance until he could be walked and placed int the vehicle. The subject refused to sit in the vehicle and an officer pushed downwards on the subject's chest causing them to sit in the vehicle. The officer closed the door and transported the subject without injury to the officer or subject. Late Night 11/14 2021008557 Fight Y Officers responded to a fight Watch — outside a bar. Upon arrival, One Officer officers encountered two male subject's fighting with multiple subject's attempting to break up the fight. One officer took hold of a subject's arm in order to help him off the ground and put their left hand up towards another subject telling them to stop fighting. Both subjects pulled away and continued to fight with � each other as crowds gathered. A subject stood on an officer's toe causing them to fall to the ground. An officer drew their taser, pointed it towards the subjects and ordered them to stop fighting. An officer holstered their taser and moved in to handcuff a subject who put their hands up, went on their knees and November 2021 Use of Force Report .............. cooperated with the handcuffing process. An officer placed handcuffs on the subject who had placed his hands behind their back. There were no injuries to the subject and an officer sustained superficial injuries. Evening 11/15 2021008607 Fight N Officers responded to an Watch — unknown problem where One Officer dispatch provided information of a large fight between individuals who were thought to have guns. Officers arrived and were pointed towards a parked vehicle with several occupants thought to be armed and involved with the fight. Officers on scene drew their sidearms and pointed them towards the occupants of the vehicle. The occupants were called out of the vehicle individually where they were handcuffed and searched without incident. All subjects complied with commands and there were no injuries to the subjects or officers. Late Night 11/18 2021008660 Suspicious Y Officers responded to a bar at Watch — Activity the request of bar staff for Two reports of a suspicious male Officers described as being harassing towards staff and occupying the bathroom area on multiple occasions for extended periods of time. There was a suggestion that the subject ..e was dealing illegal narcotics (cocaine). Upon contact, : officers located a male u subject based on the description given to them by staff. The subject was escorted outside the bar where he attempted to flee November 2021 Use of Force Report ............... r ..... from officers. An officer took hold of the subject's sweatshirt to prevent him from running. The officer held on to the subject as they continued to pull away. The subject turned to face the officer and they took hold of his wrist as the subject again continued to pull away from the officer. The officer attempted to push towards the ground, but the subject was able to stay in a standing position. Another officer tackled the subject to the ground by lowering their head and pulling around the subject's torso taking them to the ground. Once on the ground an officer pulled the subject's arms behind their back and placed the subject into handcuffs. There were no injuries to the subject or officers. Evening 11/7 2021008679 Agency Y _ An officer assisted a local law Watch — Assist enforcement agency on a One Officer„ traffic stop which had resulted in an OWI investigation. The subject was face down on the ground in handcuffs and the initial responding agency were attempting to search him. The ICPD officer walked over to the subject, placed their right arm on the subject's shoulder in an attempt to keep the subject face down on the ground. The subject threatened to spit on officers so one officer H placed a spit hood over the subject's face. There were no N ' injuries to the subject or officer. November 2021 Use of Force Report Day Shift — 11/19 2021008701 Warrant Y Officers conducted a traffic One Officer Service stop on a vehicle containing two subjects, one of whom was known to have an active arrest warrant for murder. Given that at least one subject was thought to be armed and dangerous, officers drew their service weapons and pointed them at the subjects as they ordered the subjects out of the vehicle. The subjects were taken into custody without injury to the officers or subjects. Late Night 11/19 2021008713 Traffic Y A female passenger refused Watch — Stop to exit the vehicle when told Two several times to do so. The Officers subject locked the door and rolled the windows up refusing to exit the vehicle. One officer opened the driver's side door which prompted the subject to open the passenger side door. Once the door was open, one officer took hold of her right arm and another officer took hold of her left arm and pulled her out of the vehicle and on `M to the ground. Once on the w ground she positioned herself CQI in a seated position, tensing her body. She quickly complied and officers pulled r her arms behind her back, and placed handcuffs on each wrist. There were no injuries to the subject or officers. Late Night 11/21 ...... 2021008755 Fight Y Officers were dispatched to a Watch — fight involving multiple Five subjects. Officers attempted Officers to intervene to stop the fight One officer took hold of a subject's clothing, near the November 2021 Use of Force Report . . .__. ........... ........... ................ shoulder area pulling the subject off another individual he was assaulting. He then turned and struck the officer in the face and continued to assault another subject. He then attempted to run away, but after a brief chase an officer caught him and held on to his left arm and attempted to identify the subject. A female subject then attempted to prevent the officer from taking the subject into custody by muffing the officer in the head. She was told to back up several times but failed to do so, so an officer extended their arms and pushed her back. A subject then turned and pushed the officer, then struck the officer in the face. The subject approached the officer again, placing her hands on the officer's head, attempting to push the officer away. The officer took hold of her arm and guided her away from the fight then an officer deployed a chemical irritant to prevent the assault from continuing. Another officer took hold of the subject's right arm attempting to place her into handcuffs. The subject continued to pull away from an officer and an officer tripped the subject by placing their leg in front of the subject's leg and pushing her forward lowering her to the ground. Two officers pulled the subject's arms behind her back and placed handcuffs on each wrist. Another subject November 2021 Use of Force Report .......... .... _ ..- continued to pull away from an officer, so the officer put their right leg in front of the subject's left leg and tripped the subject, using their hip to place them on the ground. The subject then swung his legs at the officer striking them in the torso. The subject continued to ignore commands to stop fighting. An officer drew their taser and fired it towards the subject striking him in the torso. The subject continued to resist by flailing around and kicking out at officers so a second taser was deployed into the subject's left leg. This enabled two officers to pull the subject's arms behind his back and place handcuffs on each wrist. The subject was then stood upright and walked towards a nearby patrol vehicle. The subject stopped walking and pushed his body up against officers, constantly pulling away from them. One officer used their right hand to push the subject's shoulders = toward the patrol vehicle. The vehicle door was opened, and J the subject continued to push back towards officers and kick out towards officers, at one point, trapping an officer's legs against the door of a squad car and kicking out towards others. As the assault continued, an officer deployed a chemical irritant into the eyes of the assault've subject. An officer walked around the vehicle and began to pull the subject into the November 2021 Use of Force Report wwwwwwww_ ............ . vehicle as officers pushed from the other side, placing the subject into the vehicle. Another officer had been engaging a separate subject who had been involved in the fight. The subject was being assaultive towards another subject and an officer pointed their taser at the subject and ordered the subject to lie on the ground. The subject hesitantly complied. The subject then took off running and after a brief chase an officer lowered their body and tackled the subject to the ground, pulled the subject's hands behind their back and placed handcuffs on each wrist. Two suspects sustained superficial injuries and three officers sustained injuries. One officer sustained a serious knee injury and two officers sustained superficial injuries. Late Night 11/21 ..... 2021008756 Fight .................. Y __......._ .._ ..... Officers responded to a fight Watch — involving two male subjects. Two One officer attempted to Officers place a subject under arrest, and he pushed away from the officer ignoring their verbal commands, attempting to engage other subjects. One w : ; officer placed their right arm under his right arm pit. The officer then took hold of his :w ;.... left hand, placed their right -' foot outside of the subject's P left foot and pulled him to the ground. The officer then used their hands to roll the subject November 2021 Use of Force Report _. __._ ..— ...... onto his stomach instructing the subject to place his hands behind his back. The subject tensed his muscles and placed his left hand close to his chest refusing to put it behind his back. Another officer took hold of his right arm and pulled it behind his back. An officer took hold of his left wrist with their right hand and placed their left hand on his bicep, pulling the subject's arm out from his chest, pulling it behind his back. An officer the placed handcuffs on both wrists. There were no injuries to the officers or subject. ..... Evening 11/22 2021008808 Injured N Injured rabbit, shot and killed Watch — Animal by officer One Officer Day Watch 11/26 2021008868 Injured N Injured deer shot and killed by — One Animal officer Officer November 2021 Use of Force Report REDLINE VERSION Green highlights are additions Red highlights are deletions OPS-03.1 USE: OF FORCE Original Date of Issue General Order Number April 28, 2001 99-05 Effective Date of Reissue Section Code January 10, 2022 OPS-03 Reevaluation Date Amends m C.A. L. E..A. Reference 1.3.1— 1.3.8,1.3.13 llsee "INDEX AS"), m . INDEXAS: Use of Force * Use of Force Model • Reporting * Canine Significant Force * Arrests * Investigation * Warning Shots I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non -deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. III. DEFINITIONS OPS-03.2 A. Deadly Force (Section 704.2, Code of Iowa) — For the purpose ofthp policy, shall mean any of the following: f _ 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will result. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intentto inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. B. Serious Injury (Section 702.18 Code of Iowa) — Means 1. disabling mental illness; or 2. bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. C. Use of Force — Any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. D. Verbal Commands/Directives — Verbal communication by an officer directing someone to perform or not to perform an act: e.g. "Stop", "Don't move", "Put your hands up", or "Get on the ground". E. De-escalation - Taking action to stabilize a situation and reduce the immediacy of a threat so that more time, options, and resources are available to resolve the situation. The goal of de-escalation is to gain the voluntary compliance of subjects, when feasible, and thereby reduce or eliminate the necessity to use physical force. F. De-escalation Technique - Actions used by members of the department, that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. IV. THE REASONABLENESS OF THE USE OF FORCE The use of force is analyzed under the Fourth Amendment. "The right to be free from excessive force is included under the Fourth Amendment's prohibition against unreasonable seizure of the person." Andrews v. Fuoss, 417 F.3d 813, 818 (8th Cir. 2005). On the other hand, "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of OPS-03.3 physical coercion or threat thereof to effect it." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). A. Reasonable Officer. Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 2. "Reasonableness" also takes into account that police officers make judgments in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 3. Reasonableness is "not capable of precise definition or mechanical application." Bell v. Wolfish, 441 U.S. 520, 559 (1979). Reasonableness is determined by the totality of circumstances, which include the "severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). B. The Code of Iowa authorizes the use of force in making an arrest andt - creventinq an escape. 1. Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of c1hy force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold [chokehold is specifically defined in the state code]is only justified when a person cannot be captured any other way and either: a. The person has used or threatened to use deadly force in committing a felony, or b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. [Note: The use of a chokeholds and other lateral restraints is further limited by this policy. See Section X below.] 2. Section 804.13 Use of force in reventin an esca . OPS-03.4 A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using iuhe officer or other person were arresting such person. V. PROCEDURES A. DEADLY FORCE 1. Purpose of statement a. To delineate the Department's policy regarding the use of deadly force. b. To establish policies under which the use of deadly force is permissible. 2. Policy a. Officers of the Iowa City Police Department may use deadly force to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. b. An officer may use deadly force to protect him/her or others from what he/she reasonably believes to be an imminent threat of death or serious injury. c. An officer may use deadly force to effect the capture or prevent escape if: i. The person used or threatened to use deadly force in committing a felony, and ii. The peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. d. Provided the criteria for paragraph 2(a), 2(b) or 2(c) have been satisfied, no distinction shall be made relative to the age of the intended target. e. Warning shots by officers of the Iowa City Police Department are prohibited. f. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. OPS-03.5 g. Shooting at or from a moving vehicle is prohibited, except underthe following circumstances: i. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. ii. As a last resort to prevent death or serious injury to officers or other persons. iii. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. iv. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. 3. Rendering medical aid following police actions a. Officers shall render immediate and appropriate medical aid in incidents that involve injuries sustained during detainments or apprehension b. Officers shall immediately activate the emergency medical system when: . 'J i. Obvious severe injuries have occurred, ii. Medical distress is apparent, or the individual i ".... unconscious, iii. Requested by the subject(s) involved, iv. The extent of an injury is unknown or not visible, or V. The nature or extent of the injury dictates. b. Officers shall err on the side of caution, requesting emergency medical system to respond to the scene if in doubt about the existence or extent of an injury. 4. Surrender of firearm. When officers discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be OPS-03.6 unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. a. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. b. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. B. LESS LETHAL FORCE 1. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. 2. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of"force`by an officer is justified in, but not limited to, the following situations: µ a. To protect the officer or others from physical harm. b. To control an arrestee or a potentially violent person: c. To restrain or subdue a resistant individual. Approved restraint devices are handcuffs (hinged and chain style), flex -cuffs and nylon leg restraints. d. To bring an unlawful situation safely and effectively under control. 3. Officers shall offer medical treatment to any non -combative person who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. C. NOTIFICATIONS Any officer who discharges a firearm in the course of their duty, shall immediately contact his/her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal (see section B in "REPORTING USE OF FORCE INCIDENTS") or training situations) If this is not practical, the officer shall contact the on -duty patrol supervisor. The notified supervisor shall then contact the following individuals: OPS-03.7 a. The involved officer's Division Commander. i. It shall be the Division Commander's responsibility to notify the Chief of Police. ii. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. b. The County Attorney of the county in which the incident occugred, c. The City Attorney. d. The City Manager. e. The Criminal Investigation Commander or his/her designee,.. f. Other as Required by the Mandatory Call Matrix 2. The on -duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. 3. The on -duty watch supervisor shall be immediately notified when a chemical irritant / OC spray is utilized. 4. The on -duty watch supervisor shall be immediately notified when a conducted energy device is discharged. D. REPORTING USE OF FORCE INCIDENTS 1. Discharge of Firearms — report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report apply to the following circumstances in which no accident or injury results: a. The discharge of firearms on firearm ranges or in an area for firearms practice. b. Sporting events to include lawful hunting and organized shooting OPS-03.8 matches, 2. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch Supervisor must be notified immediately after the firearm is used." Use of Force report is required. 3. Administrative Review Committee. :. a, Use of force incidents shall be reviewed by a committed consisting of a minimum of three sworn personnel. i. The committee should consist of two supervisor' as' designated by the Chief of Police and one officei-preferably a use of force instructor. To provide differing perspectives, the Chief of Police may appoint multiple committees that alternate review responsibilities. ii. This group should, at a minimum, meet every month to review the Use of Force Re arts from the previous month. iii. The purpose of this committee shall be to review all facts and reports concerning use of force incidents to determine whether policy, training, equipment, or disciplinary issues should be addressed. This committee will make recommendations on these matters to the Chief of Police. b. All non-use of force firearms discharges (e.g. accidental/negligent discharge), with the exception of the destruction of animals which are reviewed by the Use of Force Committee, shall be reviewed in a manner consistent with General Order 99-06: Internal Affairs Investigations as assigned by a Division Commander. At a minimum, this will consist of a Report of Inquiry and supervisory review. ii. The Division Commander and the Training and Accreditation Sergeant will review the investigation and findings to identify any training recommendations which are necessary, and/or any need for policy changes. Recommendations on these matters will be forwarded to the Chief of Police. 4. Use of Force Reports. a. A Use of Force Report with a written narrative regarding any use of force incident will be submitted in addition to any incident report in OPS-03.9 Imp -When the only use of force is the application of handcuffs, double locked The report(s) shall contain the following information: i. Arrestee/suspect information. ii. Incident number(s), date and time of incident, ad'rp6rting officer. iii. Description of actual resistance encountered. iv. All required fields completed in Use of Force report. v. The force used by the officer to overcome the resistance and the specific weapon or technique used. vi. A description of any alleged or actual injuries to either the OPS-03.10 officer or suspect. vii. Pictures taken of any injuries to either the officer or suspect. viii. Exposure to Chemical Irritant / OC spray will additionally require the documentation of medical treatment being offered, supervisor notification, and decontamination procedures. ix. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification, and the number of cycles/applications used. b. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. c. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and documenttheir conclusions. d. All reports concerning use of force shall be forwarded to the Sergeant of Planning/Research. e. The Captain of Field Operations and Chief of Police shall review all use of force reports where any participant is injured during the use of force and/or where a deadly force option has been utilized (excludes display of a weapon). 5. Executive Review, At a minimum, the Chief of Police and/or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and/or policy modifications. 6. Duty to Intervene and Report All employees are required to be familiar with and abide by GO 20- 01 titled Duty to Intervene and Report. E. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY 1. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical by the Chief of Police's designees and completed as soon as practical. 2. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. 3. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. 4. The on -duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. 5. The officer(s) or employee involved in the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers or employees involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: a. The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or from their Division Commander, prior to leaving the area. If such permission is given, the officer or employee shall supply the phone number(s) of his/her location and duration of the absence. b. The officer or employee will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with his/her attorney. If the officer or employee may be the subject of internal review or criminal charges, his/her constitutional rights and administrative protections will be maintained. The officer or employee will attend post -traumatic stress counseling at the discretion of the Chief of Police. OPS-03.12 c. At the discretion of the Chief of Police, the officer or employee may be returned to duty upon departmental receipt of notification from the counselor or mental health professional indicating the officer's fitness for duty. 6. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer or employee has acted improperly, but is designed to safeguard the officer or employee and the Department. 7. - Chief of Police may appoiint one or - individuals to conducta. separate:parallel (administrative) investigation • a use of force incident to ensure alli personnel' fwr' departmental policies r quidelines. VI. USE OF FORCE MODEL Police officers are given the unique right to use force, even deadFy.forc , against others for legitimate laver enforcement purposes. The right to us ),, force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force Model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. Officers of the Iowa City Police Department shall follow the principles of the Use of Force Model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops or reduces, the officer must correspondingly de-escalate. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/member of the public confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872 (1989)) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. OPS-03.13 B. DE-ESCALATION OF FORCE De-escalation strategies shall be applied in an effort to reduce the need for application of force, when safe and feasible. De-escalation techniques are actions used by members of the department that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. When safe and feasible under the totality of circumstances, members of the department shall attempt to slow down or stabilize the situation so that more time, options and resources are available for incident resolution. When time and circumstances reasonably permit, members of the department shall consider whether a subject's lack of compliance is a deliberate attempt to resist or an inability to comply based on factors including, but not limited to: Medical conditions Mental impairment Developmental disability� Physical limitation Language barrier` a.ro Drug interaction Behavioral crisis An officer's awareness of these possibilities, when time and circumstances reasonably permit, shall then be balanced against the facts of the incident facing the officer when deciding which tactical options are the most appropriate to bring the situation to a safe resolution. Mitigating the immediacy of threat gives officers of the department time to utilize extra resources, and increases time available to call more officers or specialty units. The number of officers on scene may increase the available force options and may increase the ability to reduce the overall force used. Other examples include: Placing barriers between an uncooperative subject and an officer Containing a threat Moving from a position that exposes officers to potential threats to a safer position OPS-03.14 Decreasing the exposure to potential threat by using - Distance - Cover - Concealment Communicating from a safe position intended to gain the subject's compliance, using: - Verbal persuasion - Advisements - Warnings Avoiding physical confrontation, unless immediately necessary (for example, to protect someone, or stop dangerous behavior) Using verbal de-escalation techniques to generate cooperation and gain voluntary compliance. Calling extra resources to assist or officers to assist: - More officers - CIT officers - Officers equipped with less -lethal tools - Supervisors. * Using any other tactics and approaches that attempt to achieve :. gaining the compliance of the subject. D. Reasonable officer's perception/Reasonable officer's response (see attached matrix) VII. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL CONTROL OFFICERS) A. Community Service Officers assigned to the road and Animal Control Officers shall carry chemical irritants (OC) under this policy for the sole purpose of self-defense from persons or from animals. B. When dealing with upset persons, civilian officers must first attempt to deescalate the situation, if it is reasonable to do so, by backing away from the situation to a place of safety (vehicle or other barrier) and calling for a sworn officer to come to the scene. If after attempting to deescalate the situation, the civilian officer reasonably believes that they are going to be assaulted, the officer may deploy their chemical irritant in a manner consistent with training. C. When dealing with aggressive animals, civilian officers should try backing away from the situation to a place of safety (vehicle or other barrier) and call OPS-03.15 for a sworn officer to come to the scene to assist. If the civilian officer is unable to make it to a place of safety and they reasonably believe that they may be attacked, the officer may deploy their chemical irritant at the animal in a manner consistent with training. D. Civilian officers that deploy chemical agents at a person are subject to all reporting requirements set forth in this policy. Additionally, they are responsible to immediately contact the on duty Watch supervisor as well as summoning medical personnel to the scene for any injuries. E. Civilian officers that deploy chemical agents at an animal shall notify their supervisor to make them aware that a chemical agent was deployed as well as the circumstances involved. F. When dealing with persons, a civilian officer will be held to the "Reasonable officer's perception/Reasonable officer's response" standard. (see level four and five in the attached matrix) VIII. PREREQUISITES TO CARRYING LETHAL / LESS LETHAL WEAPONS All personnel authorized to carry weapons intended for use of force, application must receive training on their use from the perspectives not Practical ) application and organizational policy, Instruction should include confirmation of employee understanding of legal implications and requirements, weapon specific operating and care procedures, documentation and reporting procedures, and obligations following the use of force. IX. FBI NATIONAL USE of FORCE DATA COLLECTION The Department voluntarily participates in the FBI National Use of Force Data Collection. The sergeant of planning and research shall track the following use of force incidents: When a fatality to a person occurs connected to a use of force by an Iowa City police officer. When there is serious bodily injury to a person connected to a use of force by an Iowa City police officer. For this section the definition of serious bodily injury will be based, in part, upon Title 18, United States Code, Section 2246 (4). The term "serious bodily injury" means "bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty." In the absence of either death or serious bodily injury, when a firearm is discharged by an Iowa City police officer at or in the direction of a person. OPS-03.16 When an incident meeting the above criteria is met the sergeant of planning and research shall report the following information to the FBI: Incident Information Date and time of the incident - Total number of officers who applied actual force during the incident - Number of officers from the Iowa City Police Department who applied actual force during the incident - Location of the incident (address or latitude/longitude) - Location type of the incident (street, business, residence, restaurant, school, etc.) - Did the officer(s) approach the subject(s)? Was it an ambush incident? Was a supervisor or a senior officer acting in a supervisory:capgcity present or consulted at any point during the incident? - What was the reason for initial contact between the subject and the officer (response to unlawful or suspicious activity, routine patrol, traffic stop, etc.)? - If the initial contact was due to "unlawful or criminal activity," what were the most serious reported offenses committed by the subject prior to or at the time of the incident? - If applicable, the National Incident -Based Reporting System or local incident number of the report detailing criminal incident information on the subject and/or assault or homicide of a law enforcement officer - If the incident involved multiple law enforcement agencies, the case numbers for the local use -of -force reports at the other agencies Subject Information Age, sex, race, ethnicity, height, and weight Injury/death of subject(s) (gunshot wound, apparent broken bones, unconsciousness, etc.) Type(s) of force used connected to serious bodily injury or death (firearm, electronic control weapon, explosive device, blunt instrument, etc.) OPS-03.17 - Did the subject(s) resist? - Was the threat by the subject(s) directed to the officer or to another party? - Type(s) of subject resistance/weapon involvement (threatened officer, threatened others, threatened self, active aggression, firearm, attemptto flee, etc.) - Was there an apparent or known impairment in the physical condition of subject? If yes, indicate which (mental health/alcohol/drugs/unknown) - At any time during the incident, was the subject(s) armed or believed to be armed with a weapon? Officer Information Age, sex, race, ethnicity, height, and weight Years of service as a law enforcement officer (total tenure, number T years)�C At the time of the incident, was the officer a full-time employee?- - Was the officer readily identifiable? - Was the officer on duty at the time of the incident? - Did the officer discharge a firearm? - Was the officer injured? - What was the officer's injury type (gunshot wound, apparent broken bones, severe laceration, unconsciousness, etc.) X. CHOKE HOLDS, LATERAL NECK RESTRAINTS, and SIMILAR COMPLIANCE TECHNIQUES A. Choke holds, lateral neck restraints, and similar compliance techniques that are specifically designed or intended to restrict the ability to breathe or the flow of blood to the brain, or any intentional and prolonged application of force to the throat or windpipe of another that prevents or hinders breathing or reduces the intake of air, are prohibited except: 1. Where a person cannot be captured any other way; AND 2. a. The person has used or threatened to use deadly force in committing a felony OR OPS-03.18 b. The officer reasonably believes the person would use deadly force against any person unless immediately apprehended; [Note: 1 and 2 are requirements that must be present before the exception on the use of chokeholds in Section 804.8 of the Iowa Code applies.] .x AND 3. It is the only reasonable means of protecting oneself bralthird__ party. [Note: 3 is an additional City of Iowa City requirement that mb t be � ) present before the exception applies.] r B. If utilized, the technique must be immediately loosened or released if the individual on whom it is being applied becomes compliant. C. Any individual who has been subjected to a lateral choke hold, neck restraint, or similar compliance technique, regardless of whether he/ she was rendered unconscious, shall be promptly examined by emergency medical services and shall be monitored until examined by medical personnel. D. The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to a choke hold, lateral neck restraint, or similar compliance technique and whether the individual lost consciousness as a result. E. Any officer applying a choke hold, lateral neck restraint, or similar compliance technique shall promptly notify a supervisor of the use or attempted use of such hold. A use of force report shall be completed. XII. ANNUAL IN-SERVICE TRAINING On an annual basis all officers will receive in-service training on this policy. The training shall include a review of the definitions of conditional terms, such as those for reasonable belief, serious physical injury, or similar terms used to qualify the policy. ...................... . Dustin Liston, Chief of Police OPS-03.19 WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OP5-03.20 LEVEL ONE -: Perception — Subject is compliant - Response — Cooperative controls (includes: mental preparation, spatial positionin& communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING VERBAL > - VERBAL'COMMANDS/DIRECTIVES COMMUNICATIONSKILLS - VERBAL DE-ESCALATION ; TECHNIQUES > NON-VERBAL > WALL HANDCUFFING POSITIONS > STANDING > PRONE > KNEELING "HANDCUFFING TECHNIQUE > CONTROLLED > WALL > STANDING SEARCHING TECHNIQUES > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP > SINGLE OFFICER ARREST TECHNIQUES > MULTIPLE OFFICERS > SINGLE OFFICER ESCORT CONTROLS > MULTIPLE OFFICERS > SINGLE OFFICER TRANSPORT: CONTROLS > MULTIPLE OFFICERS OPS-G3.21 LEVEL Ti m Perception — Subject is passively resistant Response — Contact controls (includes: contact controls, conflict management techniques, and mass formation arrest techniques including: multiple officer lifts, stretchers, wheelchairs etc.) > VERBAL, - VERBAL DIRECTIVES COMMUNICATION SKILLS - VERBAL DE-ESCALATION TECHNIQUES' > NON-VERBAL > ARM CONTACT CONTROLS > WRIST s > HAND > ESCORT TECHNIQUES ARREST TECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION OPS-03.22 Perception — Subject is actively resistant Response — Compliance techniques (includes: neuromuscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES > NERVE. COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL' CHEMICAL MUNITIONS > 'CONTROL TACTICS NERVE COMPRESSION TECHNIQUES: > HEAD NEURO-MUSCULAR CONTROLS > ARM > LEG > WRIST ROTATION CONTROL TACTICS > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > 'COMMUNICATIONS/ASSESSMENT SKILLS >_ PACING/TRAILING TECHNIQUES OPS-03.23 11111111AT14NERM Perception — Subject is physically assaultive and may cause bodily injury Response — Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) .4 • HEAD • HANDS PERSONAL WEAPON DEFENSES • ELBOWS • FEET • KNEES IMPACT WEAPONS (ASP) > STRIKES > IMPACT PROJECTILES > CANINE OPERATIONS LESS LETHAL WEAPONS > CONDUCTED ENERGY DEVICES > OTHER OPTIONS WEAPON RETENTION TECHNIQUES (Less Lethal) OTHER WEAPONS CANINE* • FRONT • REAR • SIDE • CONTROL /APPREHENSION TECHNIQUES 'Deployrnent of car-irrie for apIpIrE,�)eirisioi,i/protectioiri sIhaH be Ipireceded by actions of suspect which are consistent with Level 4 (Asswfltive -- IFloteintial lBodily Hlarrn) Ibehavior, The excepUori to this lis the deployrnent of cariiine for Ikruikirng searches or related (,,iircuirnstainces, wheire the suspect actions are not Ikirnanwin. In this ci rcu rn sta rice procedures speH('--,,d out in the "Canine Operations" GeneraOirdeu (99-04) shaH bp�., foHored. 0 OPS-03.24 LgVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) > ,WEAPON > WEAPONLESS ATTACK DEFENSE ` > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK OPS-03.25 anal Date of Issue 1 28, 2001 99-05 US�E OF FORCE Order Effective Date of Reissue___7 Section Code January 10, 2022 OPS-03 Reevaluation Date Amends Jarniaiir°y 2023 C.A.L. E.A. Reference 1.3.1— 1.3.8,1.3.13 (see "INDEX AS") INDEX AS: Use of Force • Reporting • Significant Force • Investigation • Use of Force Model • Canine • Arrests • Warning Shots OPS-03.1 I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non -deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. III. DEFINITIONS OPS-03.2 A. Deadly Force (Section 704.2, Code of Iowa) — For the purpose ofthiiN'" policy, shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will result. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. B. Serious Injury (Section 702.18 Code of Iowa) — Means 1. disabling mental illness; or 2. bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. C. Use of Force — Any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. D, Verbal Commands/Directives — Verbal communication by an officer directing someone to perform or not to perform an act: e.g. "Stop", "Don't move", "Put your hands up", or "Get on the ground". E. De-escalation - Taking action to stabilize a situation and reduce the immediacy of a threat so that more time, options, and resources are available to resolve the situation. The goal of de-escalation is to gain the voluntary compliance of subjects, when feasible, and thereby reduce or eliminate the necessity to use physical force. F. De-escalation Technigues - Actions used by members of the department, that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. IV. THE REASONABLENESS OF THE USE OF FORCE The use of force is analyzed under the Fourth Amendment. "The right to be free from excessive force is included under the Fourth Amendment's prohibition against unreasonable seizure of the person." Andrews v. Fuoss, 417 F.3d 813, 818 (8th Cir. 2005). On the other hand, "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of OPS-03.3 physical coercion or threat thereof to effect it." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). A. Reasonable Officer. Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 2. "Reasonableness" also takes into account that police officers make judgments in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 3. Reasonableness is "not capable of precise definition or mechanical application." Bell v. Wolfish, 441 U.S. 520, 559 (1979). Reasonableness is determined by the totality of circumstances, which include the "severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." Graham v. Connor, 109 S.Ct. 18652 1872 (1989). B. The Code of Iowa authorizes the use of force in making an arrest -and preventing an escape. 1. Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold (chokehold is specifically defined in the state code]is only justified when a person cannot be captured any other way and either. a. The person has used or threatened to use deadly force in committing a felony, or b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. [Note: The use of a chokeholds and other lateral restraints is further limited by this policy. See Section X below.] 2. Section 804.13 Use of force in preventing an escape. OPS-03.4 A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES A. DEADLY FORCE 1. Purpose of statement a. To delineate the Department's policy regarding the use ofdeadly force. b. To establish policies under which the use of deadly force is permissible. 2. Policy a. Officers of the Iowa City Police Department may use deadly force to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. b. An officer may use deadly force to protect him/her or others from what he/she reasonably believes to be an imminent threat of death or serious injury. c. An officer may use deadly force to effect the capture or prevent escape if: i. The person used or threatened to use deadly force in committing a felony, and ii. The peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. d. Provided the criteria for paragraph 2(a), 2(b) or 2(c) have been satisfied, no distinction shall be made relative to the age of the intended target. e. Warning shots by officers of the Iowa City Police Department are prohibited. f. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. OPS-03.5 g. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: i. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. ii. As a last resort to prevent death or serious injury to officers or other persons. iii. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. iv. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. 3. Rendering medical aid following police actions a. Officers shall render immediate and appropriate medical aid in incidents that involve injuries sustained during detainments or apprehension b. Officers shall immediately activate the emergency medical system when: i. Obvious severe injuries have occurred, ii. Medical distress is apparent, or the individual is ; unconscious, iii. Requested by the subject(s) involved,; iv. The extent of an injury is unknown or not visible, or V. The nature or extent of the injury dictates. b. Officers shall err on the side of caution, requesting emergency medical system to respond to the scene if in doubt about the existence or extent of an injury. 4. Surrender of firearm. When officers discharge a firearm that results in personal injury or death to any person„ the officer or employee shall surrender that firearm to his/her supervisor or a, higher authority consistent with departmental directives. firearms involved in police shooting incidents shall not be OPS-03.6 unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. a. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. b. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. B. LESS LETHAL FORCE Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. 2. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: a. To protect the officer or others from physical harm. b. To control an arrestee or a potentially violent person. c. To restrain or subdue a resistant individual. Approved restraint devices are handcuffs (hinged and chain style), flex -cuffs and nylon leg restraints. d. To bring an unlawful situation safely and effectively under control. 3. Officers shall offer medical treatment to any non -combative person -who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custodv of the officer. C. NOTIFICATIONS Any officer who discharges a firearm in the course of their duty, shall immediately contact his/her supervisor. (This does not apply to ani"Mal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal (see section B in "REPORTING USE OF FORCE INCIDENTS") or training situations) If this is not practical, the officer shall contact the on -duty patrol supervisor. The notified supervisor shall then contact the following individuals: OPS-03.7 a. The involved officer's Division Commander. i. It shall be the Division Commander's responsibility to notifythe Chief of Police. ii. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. b. The County Attorney of the county in which the incident occurred. c. The City Attorney. d. The City Manager. e. The Criminal Investigation Commander or his/her designee. ' m f. Other as Required by the Mandatory Call Matrix 2. The on -duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. 3. The on -duty watch supervisor shall be immediately notified when a chemical irritant / OC spray is utilized. 4. The on -duty watch supervisor shall be immediately notified when a conducted energy device is discharged. 5. Any member, on or off duty, while taking law enforcement action, who uses a level of force that by this or other policies requires the completion of the department's use of force report, shall notify the on duty supervisor as soon as practical following the incident and take whatever action such supervisor requires. D. REPORTING USE OF FORCE INCIDENTS 1. Discharge of Firearms — report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report apply to the following circumstances in which no accident or injury results: a. The discharge of firearms on firearm ranges or in an area for firearms practice. b. Sporting events to include lawful hunting and organized shooting OPS-03.8 matches. 2. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. 3. Administrative Review Committee. a. Use of force incidents shall be reviewed by a committee consrsting of a minimum of three sworn personnel. i. The committee should consist of two supervisors`as designated by the Chief of Police and one officer -preferably a use of force instructor. To provide differing perspectives„ the Chief of Police may appoint multiple committees that alternate review responsibilities. ii. This group should, at a minimum, meet every month to review the Use of Force Reports from the previous month. iii. The purpose of this committee shall be to review all facts and reports concerning use of force incidents to determine whether policy„ training, equipment., or disciplinary issues should be addressed. This committee will make recommendations on these matters to the Chief of Police. b, All non-use of force firearms discharges (e.g. accidental/negligent discharge)„ with the exception of the destruction of animals which are reviewed by the Use of Force Committee, shall be reviewed in a manner consistent with General Order 90-0: Internal Affairs Investigations as assigned by a Division Commander. At a minimum, this will consist of a Report of Inquiry and supervisory review. 6 4 o r �wAccreditation . The Division Sergeant w • and findings to identify recommendationsany training and/or any need for policy changes, Recommendations on these matters will be forwarded to the Chief of a. A Use of Force Report with a written narrative regarding any use of force incident will be submitted in addition to any incident report for the following: OPS-03.9 exposure to chemical irritants - use or targeting of a conducted energy device use of an impact weapon - use of kinetic energy impact projectiles display or use of less lethal munitions - use of a distraction device display, or use of a canine unless involved in an exploratory sniffing incident or search of an unoccupied building - firearm display or use use of any object not originally intended to be used as a means for self-defense In a dynamic environment, any object can be used by an officer as an impact weapon, or even a deadly weapon if its use is objectively reasonable for the situation. In those cases where an object not specifically covered by this policy is used in this manner, whether the officer is on duty or off duty and is taking enforcement action, shall require notification of a supervisor as soon as practical and shall require the completion of a Use of Force report. Use of Force Reports are not required for: -physically escorting a passively resisting person - transport activities - presence of officers - the issuance of verbal directives when no contact is applied - or display of a firearm where no persons were present, .e.g., building searches. -When the only use of force is the application of handcuffs, double locked The report(s) shall contain the following information: i. Arrestee/suspect information. ii. Incident number(s), date and time of incident, and reporting officer. iii. Description of actual resistance encountered. iv. All required fields completed in Use of Force report. v. The force used by the officer to overcome the resistance and the specific weapon or technique used. vi. A description of any alleged or actual injuries to either the OPS-03.10 officer or suspect. vii. Pictures taken of any injuries to either the officer or suspect. viii. Exposure to Chemical Irritant / OC spray will additionally require the documentation of medical treatment being offered, supervisor notification, and decontamination procedures. ix. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification, and the number of cycles/applications used. b. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. c. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and documenttheir conclusions. d. All reports concerning use of force shall be forwarded to the Sergeant of Planning/Research. e. The Captain of Field Operations and Chief of Police shall review all use of force reports where any participant is injured during the use of force and/or where a deadly force option has been utilized (excludes display of a weapon). 5. Executive Review. At a minimum, the Chief of Police and/or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and/or policy modifications. OI-_-03.11 6. Duty to Intervene and Report All employees are required to be familiar with and abide by GO 20- 01 titled Duty to Intervene and Report. E. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY 1. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical by the Chief of Police's designees and completed as soon as practical. 2. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. 3. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. 4. The on -duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. 5. The officer(s) or employee involved in the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers or employees involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: a. The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or from their Division Commander, prior to leaving the area. If such permission is given, the officer or employee shall supply the phone number(s) of his/her location and duration of the absence. b. The officer or employee will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with his/her attorney. If the officer or employee may be the subject of infernal review or criminal charges, his/her constitutional rights and administrative protections will be maintained. The officer or employee will attend post -traumatic stress counseling at the discretion of the Chief of Police. OPS-03.12 c. At the discretion of the Chief of Police, the officer or employee may be returned to duty upon departmental receipt of notification from the counselor or mental health professional indicating the officer's fitness for duty. 6. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer or employee has acted improperly, but is designed to safeguard the officer or employee and the Department. 7. The Chief of Police may appoint one or more individuals to conduct separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies arid; guidelines. VI. USE OF FORCE MODEL Police officers are given the unique right to use force, even deadly fcsrce, against others for legitimate law enforcement purposes. The right to .ose force carries with it an obligation to use that force in a responsible maPner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force Model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. • '^ Officers of the Iowa City Police Department shall follow the principles of the Use of Force Model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops or reduces, the officer must correspondingly de-escalate. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/member of the public confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872 (1989)) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. OPS-03.13 De-escalation strategies shall be applied in an effort to reduce the need for application of force, when safe and feasible. De-escalation techniques are actions used by members of the department that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. When safe and feasible under the totality of circumstances, members of the department shall attempt to slow down or stabilize the situation so that more time, options and resources are available for incident resolution. When time and circumstances reasonably permit, members of the department shall consider whether a subject's lack of compliance is a deliberate attempt to resist or an inability to comply based on factors including, but not limited to: Medical conditions��' Mental impairment Developmental disability Physical limitation Language barrier Drug interaction Behavioral crisis An officer's awareness of these possibilities, when time and circumstances reasonably permit, shall then be balanced against the facts of the incident facing the officer when deciding which tactical options are the most appropriate to bring the situation to a safe resolution. Mitigating the immediacy of threat gives officers of the department time to utilize extra resources, and increases time available to call more officers or specialty units. The number of officers on scene may increase the available force options and may increase the ability to reduce the overall force used. Other examples include: Placing barriers between an uncooperative subject and an officer Containing a threat Moving from a position that exposes officers to potential threats to a safer position OPS-03.14 Decreasing the exposure to potential threat by using - Distance - Cover - Concealment Communicating from a safe position intended to gain the subject's compliance, using: - Verbal persuasion - Advisements - Warnings Avoiding physical confrontation, unless immediately necessary (for example, to protect someone, or stop dangerous behavior) Using verbal de-escalation techniques to generate cooperation and gain voluntary compliance. Calling extra resources to assist or officers to assist: - More officers r ; - CIT officers - Officers equipped with less -lethal tools w - Supervisors. * Using any other tactics and approaches that attempt to achieve gaining the compliance of the subject. D. Reasonable officer's perception/Reasonable officer's response (see attached matrix) VII. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL CONTROL OFFICERS) A. Community Service Officers assigned to the road and Animal Control Officers shall carry chemical irritants (OC) under this policy for the sole purpose of self-defense from persons or from animals. B. When dealing with upset persons, civilian officers must first attempt to deescalate the situation, if it is reasonable to do so, by backing away from the situation to a place of safety (vehicle or other barrier) and calling for a sworn officer to come to the scene. If after attempting to deescalate the situation„ the civilian officer reasonably believes that they are going to be assaulted, the officer may deploy their chemical irritant in a manner consistent with training.. C. When dealing with aggressive animals, civilian officers should try backing away from the situation to a place of safety (vehicle or other barrier) and call OPS-03.15 for a sworn officer to come to the scene to assist. If the civilian officer is unable to make it to a place of safety and they reasonably believe that they may be attacked, the officer may deploy their chemical irritant at the animal in a manner consistent with training. D. Civilian officers that deploy chemical agents at a person are subject to all reporting requirements set forth in this policy. Additionally, they are responsible to immediately contact the on duty Watch supervisor as well as summoning medical personnel to the scene for any injuries. E. Civilian officers that deploy chemical agents at an animal shall notify their supervisor to make them aware that a chemical agent was deployed as well as the circumstances involved. F. When dealing with persons, a civilian officer will be held to the "Reasonable officer's perception/Reasonable officer's response" standard. (see level four and five in the attached matrix) VIII. PREREQUISITES TO CARRYING LETHAL / LESS LETHAL WEAPONS All personnel authorised to carry weapons intended for use of force application must receive training on their use from the perspectives of practical application and organizational policy. Instruction should include confirmation of employee understanding of legal implications and requirements, weapon specific operating and care procedures, documentation and reporting procedures, and obligations following the use of force. IX. FBI NATIONAL USE of FORCE DATA COLLECTION The Department voluntarily participates in the FBI National Use of,Force D6ta Collection. The sergeant of planning and research shall track the fo1l6win6:bse of force incidents: When a fatality to a person occurs connected to a use of force by an Iowa City police officer. When there is serious bodily injury to a person connected to a use of force by an Iowa City police officer. For this section the definition of serious bodily injury will be based, in part, upon Title 18, United States Code, Section 2246 (4). The term "serious bodily injury" means "bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty." In the absence of either death or serious bodily injury, when a firearm is discharged by an Iowa City police officer at or in the direction of a person. OPS-03.16 When an incident meeting the above criteria is met the sergeant of planning and research shall report the following information to the FBI: Incident Information - Date and time of the incident - Total number of officers who applied actual force during the incident - Number of officers from the Iowa City Police Department who applied actual force during the incident - Location of the incident (address or latitude/longitude) - Location type of the incident (street, business, residence, restaurant, school, etc.) - Did the officer(s) approach the subject(s)? - Was it an ambush incident? Was a supervisor or a senior officer acting in a supervisory capacity present or consulted at any point during the incident? - What was the reason for initial contact between the subject and the officer (response to unlawful or suspicious activity, routine patrol, traffic stop, etc.)? - If the initial contact was due to "unlawful or criminal activity," what were the most serious reported offenses committed by the subject prior to or at the time of the incident? - If applicable, the National Incident -Based Reporting System or local incident number of the report detailing criminal incident information on the subject and/or assault or homicide of a law enforcement officer - If the incident involved multiple law enforcement agencies, the case numbers for the local use -of -force reports at the other agencies Subject Information Age, sex, race, ethnicity, height, and weight w Injury/death of subject(s) (gunshot wound, apparent broken-bOnes unconsciousness, etc.)��� - Type(s) of force used connected to serious bodily injury or death (firearm, electronic control weapon, explosive device, blunt instrument, etc.) OPS-03.17 - Did the subject(s) resist? - Was the threat by the subject(s) directed to the officer or to another party? - Type(s) of subject resistance/weapon involvement (threatened officer, threatened others, threatened self, active aggression, firearm, attemptto flee, etc.) - Was there an apparent or known impairment in the physical condition of subject? If yes, indicate which (mental health/alcohol/drugs/unknown) - At any time during the incident, was the subject(s) armed or believed to be armed with a weapon? Officer Information Age, sex, race, ethnicity, height, and weight Years of service as a law enforcement officer (total tenure, number of years) - At the time of the incident, was the officer a full-time employee? - Was the officer readily identifiable? - Was the officer on duty at the time of the incident? Did the officer discharge a firearm? - Was the officer injured? - What was the officer's injury type (gunshot wound, apparent broken bones, severe laceration, unconsciousness, etc.) X. CHOKE HOLDS, LATERAL NECK RESTRAINTS, and SIMILAR COMPLIANCE TECHNIQUES A. Choke holds, lateral neck restraints, and similar compliance techniques that are specifically designed or intended to restrict the ability to breathe or the flow of blood to the brain, or any intentional and prolonged application of force to the throat or windpipe of another that prevents or hinders breathing or reduces the intake of air, are prohibited except: 1. Where a person cannot be captured any other way; 2. a. The person has used or threatened to use deadly force in committing a felony OR OPS-03.18 b. The officer reasonably believes the person would use deadly force against any person unless immediately apprehended; [Note: 1 and 2 are requirements that must be present before the exception on the use of chokeholds in Section 80.8 of the Iowa Code applies.] AND 3. It is the only reasonable means of protecting oneself or a third party.. [Note: 3 is an additional City of Iowa City requirement that must be present before the exception applies.] B. If utilized, the technique must be immediately loosened or released if the individual on whom it is being applied becomes compliant. C. Any individual who has been subjected to a lateral choke hold, neck restraint, or similar compliance technique„ regardless of whether he/she was rendered unconscious, shall be promptly examined by emergency medical services and shall be monitored until examined by medical personnel. D. The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to a choke hold, lateral neck restraint, or similar compliance technique and whether the individual lost consciousness as a, result. E. Any officer applying a choke hold, lateral neck restraint„ or similar " compliance technique shall promptly notify a supervisor of the use or: attempted use of such hold. A use of force report shall be completed.,. XII. ANNUAL IN-SERVICE TRAINING On an annual basis all officers will receive in-service training on this policy. The training shall include a review of the definitions of conditional terms, such as those for reasonable belief, serious physical injury, or similar terms used to qualify the policy. Dustin Liston, Chief of Police OPS-03.19 WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary, sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-03.20 LEVEL ONE Perception — Subject is compliant Response — Cooperative controls (includes: mental preparation, spatial positioning! communications skills, handcuffing positions and techniques, searching techniques' arrest and transport controls) > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT' > SURVIVAL ORIENTATION ' > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING VERBAL - VERBAL COMMANDS/DIRECTIVES COMMUNICATION SKILLS > VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > WALL > STANDING HANDCUFFING POSITIONS >, PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL SEARCHING TECHNIQUES > STANDING > PRONE > KNEELING • OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP > SINGLE OFFICER ARREST TECHNIQUES > MULTIPLE OFFICERS > SINGLE OFFICER ESCORT CONTROLS > MULTIPLE OFFICERS > SINGLE OFFICER TRANSPORT CONTROLS > MULTIPLE OFFICERS OPS-03.21 LEVEL TWA Perception — Subject is passively resistant Response — Contact controls (includes: contact controls, conflict management techniques, and mass formation arrest techniques including: multiple officer lifts, stretchers, wheelchairs etc.) > VERBAL COMMUNICATION SKILLS - VERBAL DIRECTIVES - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > ARM CONTACT CONTROLS > WRIST > HAND > ESCORT TECHNIQUES ARREST TECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION OPS-03.22 INVARHOM Perception — Subject is actively resistant Response — Compliance techniques (includes: neuromuscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES E RESISTANT (A6t1Ve):'I_EVEL 3 COMPLIANCE TECHNIQUES FORCE OPTIONS (also includes all > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS'' > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > 'CONTROL TACTICS NERVE COMPRESSION TECHNIQUES: > HEAD NEURO-MUSCULAR CONTROLS > ARM > LEG > WRIST ROTATION CONTROL TACTICS > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > ,COMMUNICATIONS/ASSESSMENT SKILLS > PACING/TRAILING TECHNIQUES OPS-03.23 LEVEL FOUR Perception — Subject is physically assaultive and may cause bodily injury Response — Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) E MODEL — FUNCTIONAL PROFILE all Bodily Harm): LEVEL 4 DEFENSIVE TAC ,FORCE OPTIONS (also includes all options from lower Levels), > HEAD > HANDS PERSONAL WEAPON DEFENSES > ELBOWS > FEET > KNEES IMPACT WEAPONS (ASP) > STRIKES > IMPACT PROJECTILES > CANINE OPERATIONS LESS LETHAL WEAPONS > CONDUCTED ENERGY DEVICES > OTHER OPTIONS > FRONT WEAPON RETENTION TECHNIQUES (Less Lethal) > REAR > SIDE OTHER WEAPONS > CONTROL /APPREHENSION CANINE* TECHNIQUES .. ......... . *Deployirneint of canine for a�p)rc�ien;ioi/lpiim(-)tect�ion shall Ibe Ipirecd Iby actiorls of suspect which aire consistent with Ilmmenrell 4. (Aar at. fltive — Potential Bodily IHaiimm) behavior. The excepflon to this is the deployirnent of cainune fair Ibuilding searches oir ii-elated circuiii,ristainces, wheii-e the &,jspect actioins aii-e not knowin. Ilin this ciii-curnstaince pii,�ocedures spelled out in the "Cainiin(-.)r Qpf.;,,raflons" Geii �eii-al Chi -der (99-04.) sha� ll followed, OPS-03.24 LEYEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) DEL- FUNCTIONAL PROFILE JLTIVE (Serious Bodily Harm/Death): DEADLY FORCE .5 FORCE OPTIONS (also includes all options from lower Levels) > .WEAPON > WEAPONLESS ATTACK DEFENSE ' > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON ' LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > 'OTHER OPTIONS OTHER OPTIONS: > ;CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK OPS-03.25 REDLINE VERSION Green highlights are additions Red highlights are deletions Original Date of Issue September 27, 2007 OPS 21.1 DETAINEE PROCESSING General Order Number 07-02 Effective Date of Reissue Section Code Janua 14, 2022 OPS-21 Reevaluation Date Amends / Cancels January ,02,3 OPS-21 Previous Version 2008 rChanter 42.71 Reference I.E.A. I. PURPOSE The purpose of this order is to define the areas of the Iowa City Police Department where Detainee Processing is to occur. It is also the goal of this policy to establish parameters for officers to follow while processing detainees at the Department. II. POLICY It is the policy of the Iowa City Police Department to process temporary detainees in a safe and efficient manner. Facilities used for processing shall be maintained with this goal in mind. DEFINITIONS Detainee: A person in the custody of agency personnel and whose freedom of "^ movement is at the will of agency personnel. Temporary Detention: Detention of a person for the purpose of intervlu+ig, y: processing or testing. Temporary detention is measured in minutes or hours aifd does not involve housing or feeding detainees. :, n OPS 21.2 Processing: Pre -booking activities involving a detainee in custody (Le. fingerprints, breath tests). M PROCEDURES A. Documentation Whenever a detainee is brought to the Iowa City Police Department for temporary detention, at a minimum, a radio log will reflect the name of the detainee, their age, the reason being detained and the time the person arrived. Whenever such person is released, that time will be reflected in the radio log. The intent of this paragraph is to document the length of time persons are held in temporary detention. B. Notification Officers shall advise the on -duty stationmaster that they are en route to the police department with someone in custody so that they know they need to turn on the monitor. If there is no on -duty stationmaster the officer shall notify JECC to document in the call for service the beginning and end times of when they are at the department. C. Stationmaster Responsibilities Station masters shall monitor (audio and video) the detention areas when detainees are being processed. When a detainee is brought to the Police Department, they shall record within the call log the detainee's name, date of birth, reason for detention (OWI processing, fingerprinting and/or investigative) and the date and time out at the department. If a fixed object is used to secure a detainee, the station master shall record (as an officer change of status) the time secured in station (Unit Status "S") and the time released from restraint to fixed object (Unit Status "R"). If field sobriety tests are conducted in the hallway off the Gilbert Street entrance, station masters shall inform other officers not to enter until those tests are complete. Officers that are with a detainee in the processing area shall activate the exterior light indicating such. Officers shall not enter the. processing area from Gilbert Street if this light is activated. D. Processing and Searching Upon arrival at the Iowa City Police Department a subsequent searOJ h lJ be performed. It is recommended that a second officer be present,for this search if possible and after this secondary search has been conducted, necessary reports, testing, and other processing should occur. OPS 21.3 E. Locked Spaces Detainees will not be secured in locked spaces within the Police Department. F. Securing to Fixed Objects Officers shall secure detainees to fixed, objects designed for such use. Exceptions to this include, standardized field sobriety tests, (SFST) processing, OWI processing, DRE exams, fingerprinting or other booking needs, when a detainee is being interviewed as part of an on -going investigation, and/or unless doing so would hinder further investigation. Examples of authorized fixed objects to be used when securing a detainee include cuff rails, bars or bolts, and chairs or benches designed to cuff detainees to. Detainees shall not be handcuffed to any object not so designed as a means of preventing escape. If a detainee is secured to a fixed object, the officer shall notify the station master of the time the detainee is secured in the station and the time the detainee is released in station. The station master shall then enter the appropriate unit status codes to the call for service. G. Separation of Males, Females, and Juveniles To every extent possible, detainees shall be kept separate in different rooms by sex and juvenile detainees shall be kept separate in different rooms from adult detainees. H. Authorization Temporary detention of persons in custody may be re uired while officers conduct OWI tests, fingerprint juveniles, or interviewN persons in custody. Detainees under these conditions should be carefully monitored since they will be in close proximity to officers. The following rooms are authorized as temporary detention areas: 1. Interview Room 1 2. Interview Room 2 3. Room 114 I. Training Only sworn personnel will be used to monitor those persons held in temporary detention. Personnel who monitor detainees must receive training on procedures to be followed in handling such detainees at the OPS 21.4 time of their hiring and at least every three years thereafter. Basic academy training will not be considered sufficient for this purpose. An exception to this is dispatch stationmaster personnel that have the ability to monitor these areas through the use of closed-circuit video. The ability for dispatch stationmasters to monitor detainees shall not be a substitute for the presence of sworn personnel in the detention area. Training for this purpose will include methods for summoning assistance, restraint equipment available in the temporary detention areas, and methods for dealing with uncooperative detainees. These methods should include options for immediate transfer to jail or the delay of testing or processing until a later time Security A. Weapons Control Firearms and weapons are not permitted into any space actively being used as a temporary detention area. Prior to removing handcuffs from the detainee, firearms will be secured in the lockboxes maintained for that purpose in the detention areas.. Exceptions to this include an emergency alarm activation or any other indication of an emergency need in the detainee processing area. Conductive energy devices, chemical irritants, and striking batons are permissible in spaces actively being used as a temporary detention area. B. Emergency Alarms All officers working in the detention area shall be equipped with a portable radio. That radio shall be operational and shall always be within reach of the officer in the processing area. An emergency request for assistance may be made by voice transmission or by means of activation of the emergency button on the radio. The exception to this is that radios shall not be turned on when in proximity of OataMaster testing. Additionally,,,," . fixed alarm buttons which alert the Stationmaster are present in, the detention rooms and may be used if assistance is needed. C. Access to Area When an area is being used for temporary detention, only those,p.roppl with reason to be there may enter or remain in that area after s coring,. their firearm in a lock box. If the hallway off the Gilbert Street entrance wS actively being used for sobriety tests, officers without prisoners or cause to be in the area and other employees shall enter by an alternate route. Other officers with prisoners may enter but only when the hallway itself is OPS 21.5 not being used for sobriety tests. The Stationmaster will advise arriving officers if the hallway is actively being used for sobriety tests. When conducting interviews or interrogations, only one person should be interviewed by no more than 2 officers in any given situation. D. Escape Prevention In order to limit the risk of escape the following precautions should be followed: Handcuffs shall remain applied when feasible The detainee should be seated away from doors and windows - Sufficient personnel should be present to physically prevent escape - Detainees shall be secured to authorized fixed objects except for any of the following: SIFTS processing, OWI processing, DRE exams, fingerprinting or other booking needs, when a detainee is being interviewed as part of an on -going investigation, and/or unless doing so would hinder further investigation. - The exit door to Gilbert Street shall be equipped with a delay switch on the push bar. There shall be a minimum of a 15 second wait before the door will open if the security code is not entered first. An alarm will also sound if the security code is not entered first. - Doors leading to the rest of the department shall be closed and equipped with security key entry pads. E. Constant Supervision Detainees will be under constant supervision. This includes visual and audio observation. F. Monitoring Remote audio and/or video monitoring of detainees shall not substitute for the physical monitoring of detainees by sworn personnel. G. Detainee Transport Parking on Gilbert Street should be avoided by Personnel to enable officers with detainees easy access to the Police Department. Physical. Conditions _1 OPS 21.6 Areas used as a temporary detention area must meet basic standards. They must be lighted, heated and/or cooled as required. There should be no hazards to officers or detainees. Water, restrooms, and other needs will be met as required. In cases where this requires the detainee to be removed from the temporary detention area, the detainee will be escorted at all times by at least one officer. Not including the intoxilyzer processing room, besides basic seating and a writing surface, other items in the room should be restricted to a telephone, writing supplies, a computer work station and/or recording equipment. Inspections Areas that may be used as temporary detention areas will be inspected on a weekly basis by the Captain of Support Services or designee. This inspection will be for cleanliness and to determine if any unsafe conditions are developing. On an annual basis the Chief of Police or designee will review the components of this section and the detention areas to determine if they continue to best suit the requirements of the department. Dustin Liston, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third - party claims. Violations of this directive will only form the basis for departmental administrative sanctions. �a �n q4 d� Original Date of Issue September 27. 2007 OPS 21.1 DETAINEE PROCESSING General Order Number 07-02 Effective Date of Reissue Section Code Janua 14, 2022 OPS-21�" Reevaluation Date Amends / Cancels ,.ianua ()23 OPS-21 Previous Version"��2000 C.A.L. E.A. Chapter 42.71 Reference I. PURPOSE The purpose of this order is to define the areas of the Iowa City Police Department where Detainee Processing is to occur. It is also the goal of this policy to establish parameters for officers to follow while processing detainees at the Department. II. POLICY It is the policy of the Iowa City Police Department to process temporary detainees in a safe and efficient manner. Facilities used for processing shall be maintained with this goal in mind. III. DEFINITIONS Detainee: A person in the custody of agency personnel and whose freedom of movement is at the will of agency personnel. Temporary Detention: Detention of a person for the purpose of interviewing, processing or testing. Temporary detention is measured in minutes or hours and does not involve housing or feeding detainees. OPS 21.2 Processing: Pre -booking activities involving a detainee in custody (i.e. fingerprints, breath tests). IV. PROCEDURES A. Documentation Whenever a detainee is brought to the Iowa City Police Department for temporary detention, at a minimum, a radio log will reflect the name of the detainee, their age, the reason being detained and the time the person arrived. Whenever such person is released, that time will be reflected in the radio log. The intent of this paragraph is to document the length of time persons are held in temporary detention. B. Notification Officers shall advise the on -duty stationmaster that they are en route to the police department with someone in custody so that they know they need to turn on the monitor. If there is noon-d'�uty stationmaster the officer shall notify JECC to document in the call for service the beginning and end times of when they are at the department. C. Stationmaster Responsibilities Station masters shall monitor (audio and video) the detention areas when detainees are being processed. When a detainee is brought to the Police Department, they shall record within the call log the detainee's name, date of birth, reason for detention (OWI processing, fingerprinting and/or investigative) and the date and time out at the department. If a fixed object is used to secure a detainee, the station master shall record (as an officer change of status) the time secured in station (Unit Status "S") and the time released from restraint to fixed object (Unit Status "R"). If field sobriety tests are conducted in the hallway off the Gilbert Street entrance, station masters shall inform other officers not to enter until those tests are v' complete. Officers that are with a detainee in the processing area eball activate the exterior light indicating such. Officers shall not enter. -the' processing area from Gilbert Street if this light is activated. - D. Processing and Searching Upon arrival at the Iowa City Police Department a subsequent search sly ll be performed. It is recommended that a second officer be present for the search if possible and after this secondary search has been conducted, necessary reports, testing, and other processing should occur. OPS 21.3 E. Locked Spaces Detainees will not be secured in locked spaces within the Police Department. F. Securing to Fixed Objects Officers shall secure detainees to fixed objects designed for such use. Exceptions to this include, standardized field sobriety tests (SFST) processing, OWI processing, DRE exams, fingerprinting or other booking needs, when a detainee is being interviewed as part of an on -going investigation, and/or unless doing so would hinder further investigation. Examples of authorized fixed objects to be used when securing a detainee include cuff rails, bars or bolts, and chairs or benches designed to cuff detainees to. Detainees shall not be handcuffed to any object not so designed as a means of preventing escape. If a detainee is secured to a fixed object, the officer shall notify the station master of the time the detainee is secured in the station and the time the detainee is released in station. The station master shall then enter the appropriate unit status codes to the call for service. G. Separation of Males, Females, and Juveniles To every extent possible, detainees shall be kept separate in different rooms by sex and juvenile detainees shall be kept separate in different rooms from adult detainees. H. Authorization Temporary detention of persons in custody may be required while officers conduct OWI tests, fingerprint juveniles, or interview persons in custody. Detainees under these conditions should be carefully monitored since they will be in close proximity to officers. The following rooms are authorized as temporary detention areas: 1. Interview Room 1 2. Interview Room 2 3. Room 114 = c: I. Training Only sworn personnel will be used to monitor those persons held in '31 temporary detention. Personnel who monitor detainees must receive training on procedures to be followed in handling such detainees at the OPS 21.4 time of their hiring and at least every three years thereafter. Basic academy training will not be considered sufficient for this purpose. An exception to this is dispatch stationmaster personnel that have the ability to monitor these areas through the use of closed-circuit video. The ability for dispatch stationmasters to monitor detainees shall not be a substitute for the presence of sworn personnel in the detention area. Training for this purpose will include methods for summoning assistance, restraint equipment available in the temporary detention areas, and methods for dealing with uncooperative detainees. These methods should include options for immediate transfer to jail or the delay of testing or processing until a later time Security A. Weapons Control Firearms and weapons are not permitted into any space actively being used as a temporary detention area. Prior to removing handcuffs from the detainee, firearms will be secured in the lockboxes maintained for that purpose in the detention areas. Exceptions to this include an emergency alarm activation or any other indication of an emergency need in the detainee processing area. Conductive energy devices, chemical irritants, and striking batons are permissible in spaces actively being used as a temporary detention area. B. Emergency Alarms All officers working in the detention area shall be equipped with a portable radio. That radio shall be operational and shall always be within reach of the officer in the processing area. An emergency request for assistance may be made by voice transmission or by means of activation of the emergency button on the radio. The exception to this is that radios shall:-, not be turned on when in proximity of DataMaster testing. Additionally,' fixed alarm buttons which alert the Stationmaster are present in the, detention rooms and may be used if assistance is needed. C. Access to Area When an area is being used for temporary detention, only those 'ersorfn l with reason to be there may enter or remain in that area after securing their firearm in a lock box.. if the hallway off the Gilbert Street entrance is actively being used for sobriety tests, officers without prisoners or cause to be in the area and other employees shall enter by an alternate route. Other officers with prisoners may enter but only when the hallway itself is OPS 21.5 not being used for sobriety tests. The Stationmaster will advise arriving officers if the hallway is actively being used for sobriety tests. When conducting interviews or interrogations, only one person should be interviewed by no more than 2 officers in any given situation. D. Escape Prevention In order to limit the risk of escape the following precautions should be followed: . Handcuffs shall remain applied when feasible - The detainee should be seated away from doors and windows - Sufficient personnel should be present to physically prevent escape - Detainees shall be secured to authorized fixed objects except for any of the following: SIFTS processing, ON processing, DRE exams, fingerprinting or other booking needs, when a detainee is being interviewed as part of an on -going investigation, and/or unless doing so would hinder further investigation. - The exit door to Gilbert Street shall be equipped with a delay switch on the push bar. There shall be a minimum of a 15 second wait before the door will open if the security code is not entered first. An alarm will also sound if the security code is not entered first. Doors leading to the rest of the department shall be closed and equipped with security key entry pads. E. Constant Supervision Detainees will be under constant supervision. This includes visual and audio observation. F. Monitoring Remote audio and/or video monitoring of detainees shall not substitute for the physical monitoring of detainees by sworn personnel. G. Detainee Transport Parking on Gilbert Street should be avoided by Personnel to enable officers with detainees easy access to the Police Department. 4 OPS 21.6 Areas used as a temporary detention area must meet basic standards. They must be lighted, heated and/or cooled as required. There should be no hazards to officers or detainees. Water, restrooms, and other needs will be met as required. In cases where this requires the detainee to be removed from the temporary detention area, the detainee will be escorted at all times by at least one officer. Not including the intoxilyzer processing room, besides basic seating and a writing surface, other items in the room should be restricted to a telephone, writing supplies, a computer work station and/or recording equipment. Inspections Areas that may be used as temporary detention areas will be inspected on a weekly basis by the Captain of Support Services or designee. This inspection will be for cleanliness and to determine if any unsafe conditions are developing. On an annual basis the Chief of Police or designee will review the components of this section and the detention areas to determine if they continue to best suit the requirements of the department. Dustin Liston, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third - party claims. Violations of this directive will only form the basis for departmental administrative sanctions. Electronic Loom Mee'' The forum is being held via Zoom due to WHERE concerns presented by COVID-19 You can participate and comment during the forum by going to the Zoom meeting registration link: https://us06webzoom.us/webinar/register/WN_eE4MscDRTRywOisMlfCXow Meeting ID: 816 3855 9389 ,,,, .. %/// r I - _±' ,, „-' ,r /i. ,/ :� �, "r. rr ri � r ,,:, ,� �,� / V ,; �, � a, c� , , ° ': 1,1 rlr (y r r/• //// ��� /r r ¢,�r, rani , , 3 '�� lit , ,. % , � r r�- // / I/ x I / J r ,: ` � r..f / f / i , � � s✓ri ��/! ,,;,,,,,, �/r ,.. �;. ,r. ,.. � �// ill ;,; r r � ,,, ,./, / ,: „o •.., /r//, i -i 1 r i �r�,� //G ,... / r �. r, �. o ,r ;" ,r I ,, � l /:. ,�r / i:n// :,,. / l.. ,/,,rrr: ,.. ,. �„. � r, ©✓l ,,, / l r o,../, >/ r r / r ✓ / air/ % // <� /i / / / / / .✓ rill;,^ rrr //fir. r " ri/// G.... ,. i. i r ,rri r �, /// �// /, ,, ✓ /i/ / � / / rrr � / U // / , � ar , , ,,, /, � , / / / �/ it ' ,/ , � %/„>// ,rid„"„/,:/�%/%a�u{ii/ ,,, , �i � ,,,,,y ���/i„ a ////r, /„ „�, r/�// pii y! ,:,�p,y..,r „r , %, ri/,r, ,, ///,/ / �%/�✓i /iiii „�n ��/, ,;� L� , �/i. .,, „n ✓ ;..,; �,r .,.. i, , / / ,:�... /i ; , / :, ,,,..... ,..." r ////...//%/c ,// j�/ri/ ,,,, , / /r.///fir//O�/i�/��///oir,,�%i//� �/ r , r �.. riii,,,,,,, � ,; r r /// icr rvi " , .; ;;, /rrr //...r / ;. ✓/ ,,,,, ".. r... COMMUNICATING , WE ARE AND WHAT WE DO Uj r � �/ �M�ii�PNT'S ,•, r ri rri ri ,%7 / Sendyc��u quetronscornrriens you'd Irlce,cdrs/at the fc rurn tc fh� fioll4 rug% by Monday Ap rid 11 0,2 Please include full `name antl acldre'ss (All correspop"I 6O C,e7,, public) / �r / to : rr City of Iowa Git //a/ @4 wa=city�'arg r, r r rrr 410Wshigtn'S,2240 / r r r / Al P r DATE TIME r r r rr rr r 151 General News Release Community invited to attend Community Police Review Board forum The Community Police Review Board (CPRB) will host its annual Community Forum to hear views on Iowa City Police Department policies, practices and procedures. The community is invited to submit questions and comments that will be used during the event. The forum will begin at 5:30 p.m., Wednesday, April 20, 2022. An electronic Zoom meeting is being held due to concerns presented by COVID-19. Topics will include Communicating with the CPRB — Who we are and what we do. You can participate and comment during the forum by going to the Zoom meeting registration link: https-.//us06web.zoom.us/webitiar/register/WN eE4MscDRTR wOisMlfCXaw meeting id: 816 3855 9389: Send your questions or comments you'd like addressed at the forum by Monday, April 11, 2022. Email to: CPRB iowa-cit .or or Mail to: CPRB at City Hall, 410 E. Washington St., Iowa City, Iowa 52240. Be sure to include your full name and address as all submissions are public. The board will try to address all questions and comments it receives. The forum will also be recorded and later shown on City Channel 4. You can view programming and the schedule at www,cit chann04 com. NINITIMIT011"N I III I I I I 111! 1111111111 ; I I I I! I 1111111111111 ; I I IMM The Community Police Review Board will host its annUal Community Forurn to hear Views on l�owa City Police Department policies, practices and procedures. The forurn wiill begin at 5:30 pm., Wednesday, April 20, 2022. An electronic Zoom meeting is being! held due to concerns presented by COVID-19, Topics will include Communicating with the CPRB — Who we are and what we: do. Additional information about the Community Police Review Board Is available at i M Ls' L' Er, IdIvii- ovgriiment/boa:rds,/`com�mu,nity-p_olice-reviiew-board-.gprb COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS JANUARY 2022 Date Description None February 8, 2022 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES Filed: 09/27/21 Chief's report due (90 days): 12/27/21 Chief's report filed: 11/15/21 Complainant's response to the Chief's report (21 days to respond no response received) 12/06/21 ---------------------------------- CPRB meeting #1 (Review): 01/11/22 CPRB meeting #2 (Review): 02/08/22 CPRB meeting #3 (Review): ??/??/22 CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant): 03/08/22 Filed: 10/27/21 Chief's report due (90 days): 01/26/22 Chief's report filed: 11/30/21 Complainant's response to the Chief's report (21 days to respond, no response received) 12/21/21 CPRB meeting #1 (Review): 01/11/22 CPRB meeting #2 (Review): ??/??/?? CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant): 03/21/22 February 8, 2022 Mtg Packet W-- f ,l . w Filed: 01/18/22 Chief's report due (90 days): 04/18/22 Chief's report filed: ??/???? Complainant's response to the Chief's report (21 days to respond, no response received) ??/???? Chief/City Manager response to the Complainant's response (10 days to respond): ??/???? CPRB meeting #1 (Review): ??/???? CPRB meeting #2 (Review): ??/??/?? CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant): ??/???? Filed: 01/20/22 Chief's report due (90 days): 04/20/22 Chief's report filed: ??/???? Complainant's response to the Chief's report (21 days to respond, no response received) ??/???? Chief/City Manager response to the Complainant's response (10 days to respond): ??/???? CPRB meeting #1 (Review): ??/???? CPRB meeting #2 (Review): ??/??/?? CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant): ??/???? February 8, 2022 Mtg Packet Filed: 01/25/22 Chief's report due (90 days): 04/25/22 Chief's report filed: ??/???? Complainant's response to the Chief's report (21 days to respond, no response received) ??/???? Chief/City Manager response to the Complainant's response (10 days to respond): ??/???? CPRB meeting #1 (Review): ??/???? CPRB meeting #2 (Review): ??/??/?? CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant): ??/???? 2-: #A Filed: 01/25/22 Chief's report due (90 days): 04/25/22 Chief's report filed: 01/31/22 Complainant's response to the Chief's report (21 days to respond, no response received) 02/21/22 Chief/City Manager response to the Complainant's response (10 days to respond): ??/???? ----------------------------------------------------------------------------------- CPRB meeting #1 (Review): ??/???? CPRB meeting #2 (Review): ??/??/?? CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant): ??/???? TENTATIVE MEETING SCHEDULE March 8, 2022 April 12, 2022 April 20, 2022 (Community Forum) May 10, 2022