Article 2 – Use of Force
51020.19 Reviewing the Use of Force
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Each Institution Head shall establish and chair an IERC to evaluate and review every use of force and every allegation of excessive or unnecessary force. Each incident or allegation shall be evaluated at both supervisory and management levels to determine if the force used was reasonable under policy, procedure, and training.
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For reported incidents, a good faith effort must be made at all levels of review in order to reach a judgment whether the force used was in compliance with policy, procedure and training and follow-up action if necessary. The following factors must be evaluated:
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The threat perceived by the responsible individual applying the force.
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The need for the application of force.
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The relationship between that need and the amount of force used.
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The extent of the injury suffered.
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What steps were taken to avoid and/or minimize the need for/level of force used.
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Should an incident or allegation warrant investigation by the DFIT, the OIAOffice of Internal Affairs, or any other outside investigating agency, or if direct action has been requested for any incident or allegation, the IERC shall suspend all review of that incident until the investigation/direct action is complete. Examples of what may be referred for investigation include but are not limited to:
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Unexplained injuries.
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Impact strikes to lethal target areas (head, eyes, throat, or spine).
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Incomplete/conflicting reports.
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The application of weaponry that exceeds what would normally be expected for the type of force reported.
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The IERC shall apply the findings of the Hiring Authority or the DFRB as part of its review.