502 – Less-Lethal Impact & Restraining Devices
I. Purpose
This policy provides directives regarding the use of less-lethal impact devices.
II. Definitions
Less-Lethal Impact Device (Impact Device) – Impact devices are less-lethal force options which function by means of physical contact and may include batons and special munitions.
Less-Lethal Munitions – Less-lethal munitions are designed to cause blunt force at extended distances. The goal of using less-lethal munitions is to avoid the need to resort to a higher level of force.
III. Policy
Intermediate options, such as less-lethal impact devices and munitions, are tools which may provide a means for an employee to defend him or herself, or another, from injury and may prevent the need to resort to a higher level of force. If intermediate options are used, it must only be with the intent to temporarily disable a subject and never with the intent of causing serious bodily injury. The only exception to this will be if the situation escalates such that a deadly force response is within policy and the law and the intermediate option tool is the only tool or the tactically most desirable option reasonably available for a deputy to use.
Less-lethal munitions include, but are not limited to:
• Impact rounds fired from a 12 gauge shotgun,
• 37mm / 40mm launchers, and
• Hand-thrown rubber pellet grenades.
Specialty impact munitions may also contain chemical or distractive elements.
IV. Personnel Who Are Authorized to Carry Less-Lethal Impact Devices
A. Deputies who have successfully completed an approved course of instruction on a particular impact device may carry or use the impact device.
B. Detention personnel assigned to specialized units, such as the Detention Command Containment Team (DCCT), who have successfully completed an approved course of instruction on a particular impact device may be authorized by their bureau commander to carry or use the impact device for a specific duty assignment.
C. Specialized Units
Employees assigned to specialized units, such as Special Weapons and Tactics (SWAT), the Detention Command Containment Team (DCCT), the Emergency Response Team (ERT) and Special Response Group (SRG), who have successfully completed an approved course of instruction on a particular impact device may be issued the impact device. Specialized unit members are only authorized to carry and use these impact devices as outlined in their standard operating procedures.
V. Approved Impact Devices
A. Batons
Batons may be used to perform strikes, holds, or to push subjects by leverage.
1. Straight Batons
A straight baton must be:
a. 26 inches in length (or up to 36 inches for DCCT, SWAT, and SRG duty, for use per their SOPs)
b. Made from high density, straight-grained hickory or polycarbonate,
c. No less than 14, or more than 24, ounces,
d. Cylinder-turned to a diameter of one to a quarter of an inch, rounded at both ends, smooth-sanded, and stained black,
e. Not altered, loaded, or weighted in any manner, and
f. Secured by a black neoprene rubber sleeve grommet, snug-fit and slip-free under normal hand pressure. The grommet must be positioned six to eight inches from one end to provide the user a secure two-handed grip. The overall length of the grommet must be one to five-eighths of an inch with an outside diameter of one to nine-sixteenths of an inch that tapers evenly to one to a quarter of an inch.
2. Expandable Batons
An expandable baton must be manufactured by Armament Systems and Procedures (ASP), Monadnock, or Peacekeeper Products and have:
a. An extended length no less than 16, or more than 26, inches,
b. A shaft of milled forgings of 4130 or 4140 steel, duralumin in silver color, or black chrome, and
c. A handle of textured steel, durable non-slip rubber, or foamed vinyl.
d. Push button retractable batons are prohibited except for the ASP Talon Infinity Baton.
NOTE: Foamed vinyl handles may be subject to rapid wear and must be kept neat and serviceable, or replaced. Batons must not be altered in any way unless necessary to repair it to its original condition.
B. 40MM Tactical Single Launcher
1. The 40MM Tactical Single Launcher is a 40mm single shot launcher designed for use with less-lethal munitions.
2. The Less-Lethal Launcher Control Unit ([email protected]) will track 40MM Tactical Single Launchers issued to personnel and be responsible for orders and repairs of the equipment.
3. Only 40MM Tactical Single Launchers issued by the HCSO are authorized for use.
4. The only authorized munitions for use with the launcher are the 40mm Direct Impact Marking Round and 40mm eXact iMpact Sponge Round.
5. Any employee who retires, or is reassigned or terminated, must immediately surrender any assigned launcher and munitions to the Less-Lethal Launcher Control Unit.
C. Other Less-Lethal Impact Devices
Specialized units may have additional less-lethal impact devices, such as 12 gauge shotgun less than lethal (drag stabilized, bean bag, or other) or .68 caliber chemical/impact/marking projectiles (Pepperball and Byrna), which are authorized solely for their use. The use of these devices will be governed by their standard operating procedures, and training will still be required prior to the use or carry of such devices.
VI. Training
A. An Impact Device Certification Control Officer will be appointed by the HCSO Academy. The control officer must maintain a file of personnel who have passed an approved impact device training course.
B. The impact device certification control officer must establish and document mandatory in-service training for less-lethal devices authorized for use by the HCSO.
C. Employees who are assigned a 40MM Tactical Single Launcher must attend in-service training no less than once every 365 days to re-certify in its use. Any lapse in certification will immediately void an employee’s right to carry or use a 40MM Tactical Single Launcher.
D. Employees assigned any other less-lethal device must attend in-service training at least every two years to re-certify in its use. Employees will be instructed in the policies governing use of force and issued copies of the related policies at the training. Failure to complete in-service training for less-lethal devices every two years will result in revocation of the employee’s authorization to carry and use the devices until required training has been completed.
VII. Deployment Procedures For Less-Lethal Devices
A. Employees who are authorized to carry Less-Lethal Devices may only use such devices when their use reasonably appears necessary to protect themselves or others, accomplish a legitimate law enforcement purpose, or maintain the security of our detention facilities in accordance with Policy #501 – De-escalation & Response to Resistance.
B. Less lethal impact munitions (such as the 40mm) may be used on subjects who are armed with impact or edged weapons and indicate the intention to use those weapons to inflict harm on themselves or others, or if a subject’s actions present a high probability of serious injury unless the 40mm is used to stop those actions.
C. 40mm munitions may be used for the purpose of overcoming resistance presented by subjects who are armed with impact or edged weapons and have verbally or by their actions indicated an intention to use those weapons (hammers, clubs, baseball bats, large rocks/bricks, boards, etc..) or edged weapons (knives, swords, machetes, etc.) who refuse to disarm, and are threatening by words or actions to injure themselves, another person, or the officer. When considering the totality of the circumstances, if the use of the 40mm would cause less injury than the subject’s threatened imminent action, the launcher may be utilized.
D. When a call for service provides information leading an employee to reasonably believe a subject may be armed with a weapon, but not a firearm, dispatchers will make every attempt to dispatch an employee or supervisor equipped with a 40MM Tactical Single Launcher to the scene.
E. When encountering an armed subject threatening to harm themselves or others, and time and circumstances permit, SWAT and Negotiators will be contacted as soon as possible.
F. Before deploying a 40MM launcher, if the situation permits, the deputy will request an additional 40MM certified deputy. Because the 40MM is only capable of firing a single munition before needing to be reloaded, ideally two deputies with 40mm’s should be deployed together to maintain layered coverage in the event another deployment of the 40mm munition is needed before a reload can occur. For the purpose of de-escalation, deputies do not need to wait on the second deputy before deploying the 40mm launcher.
VIII. Targeting
If batons or less-lethal devices are used, it must only be with the intent to temporarily disable a subject and never with the intent of causing serious bodily injury, with the exception described in Section III.
A. Batons are versatile tools providing a means by which an employee may defend him or herself, or others, from injury, and control subjects when reasonably believed necessary. Batons may be used to perform strikes, holds, or push back subjects.
B. Only authorized target zones should be used.
1. Zone 1, Consists of large muscle groups where the threat level is appropriate and the zone is viable. It should be considered first (thigh, calf, upper and lower arms).
2. Zone 2, Consists of medium muscle groups (abdominal area).
3. Zone 3, this zone carries the greatest potential for serious or fatal injury and should be avoided when possible. It should only be considered when maximum effectiveness is desired to meet a level of threat escalating to deadly force (chest, spine, head and neck). This zone should not be intentionally targeted unless the threat justifies deadly force response.
C. Strikes should normally be delivered to major muscle mass groups (e.g., forearms, thighs, calves, etc.). These areas are primary targets due to the decreased chance of serious bodily injury. Strikes to these locations normally create severe muscle cramping which may inhibit a subject’s ability to continue aggression.
D. Tactical Discharge
1. Tactical discharges (disabling lights, breaking out windows, etc.) are allowed, but are not recommended, as they may cause secondary, unintended impacts. Before a tactical discharge is used to break a window, deputies should consider that an individual may be behind the window and subject to impact by the 40mm round.
2. Tactical discharges may be an effective option in limited circumstances. Deputies must assess the situation after each tactical discharge and immediately discontinue if the launcher is not producing the desired effect and document their decision to fire the 40mm LLL.
IX. Post-Deployment Procedures
A. After a Use of Force:
1. Employees have a duty to render aid to a subject after a use of force situation, ensuring that any person who is the subject of a use of force receives appropriate, timely first aid and professional medical attention in accordance with Policy #501 – De-escalation & Response to Resistance.
2. Employees will have medical personnel examine any subject who has been struck by a 40mm projectile. If the subject hit with a 40mm projectile is unconscious, complaining of pain, demonstrating difficulty breathing, or exhibiting signs of severe injury, severe stress, excited delirium, hyperventilation, high-temperature, or is under the influence of controlled substances or intoxicated, the deputies will request EMS to transport the subject to the hospital.
3. If medical personnel determine the subject does not need additional evaluation or medical treatment and if the subject is transported to jail or for a mental health evaluation, the transporting deputy will notify the facility personnel that the prisoner being booked in jail or detained for an emergency mental evaluation, has been subjected to a 40MM round. This information will also be noted on the booking information or application for emergency detention.
4. Employees involved in a use of force must report the use of force in accordance with the reporting requirements detailed in Policy #501 – De-escalation & Response to Resistance.
5. Supervisors must ensure the Less-Lethal Launcher Control Unit ([email protected]) is included as a recipient in the Blue Team report for any 40MM Tactical Single Launcher deployment.
6. Supervisors will ensure that photographs are taken of the impact location and any secondary injuries. Photographs will be submitted as evidence.
NOTE: If the impact location is in a gender sensitive area photographs must be taken by a deputy of the same gender.
7. If an employee deploys a 40MM Tactical Single Launcher and the subject is subsequently transported to a medical facility, a supervisor must notify the on-call Internal Affairs Division investigator through Watch Command. This notification must be made regardless of whether the transport occurred as a direct result of the 40MM Tactical Single Launcher deployment or due to some secondary cause.
8. If an employee deploys a 40MM Tactical Single Launcher and any individual is hospitalized, sustains serious bodily injury, dies, or misconduct is suspected or alleged, the incident will be immediately referred to Internal Affairs and / or the Homicide Division for investigation.
B. After an Accidental Discharge:
1. All less-lethal launcher deployments require the generation of a Blue Team use of force and incident report unless the deployment occurred in a controlled training environment.
2. In the event of an accidental discharge of a 40MM Tactical Single Launcher which did not involve a use of force as defined by Policy #501 – De-escalation & Response to Resistance, the employee must send the related incident report number to the Less-Lethal Launcher Control Unit at [email protected] no later than 24 hours after the incident.
X. Maintaining the 40MM Tactical Single Launcher
A. If an employee is assigned a 40MM Tactical Single Launcher, he/she must check it at the start of each shift to ensure it is functioning properly.
B. Any employee with a defective or damaged 40MM Tactical Single Launcher must notify the Less-Lethal Launcher Control Unit immediately.
C. Employees should keep the 40MM Tactical Single Launcher clean and remove dirt and debris that may accumulate over time.
D. Munitions must be replaced every five years as per the manufacturer’s recommendation.
E. The 40MM launcher system will be locked in the patrol vehicle lock box. If the vehicle is not equipped with a lock box, then the launcher will be secured in the trunk.
Revision
This policy has been revised on the below listed dates:
April 21, 2009
February 22, 2011
January 14, 2013
May 1, 2013
June 1, 2024