- Purpose: This order describes the Denver Sheriff Department's ("DSD" or the "Department") policy regarding the use of force.
- Preamble:
- The DSD was created to serve the needs of the Denver community, primarily focusing on the care, custody, and control of inmates. To serve those needs and to carry out its mission of ensuring the responsibility of all deputies to protect the sanctity of all human life and physical safety, the DSD must maintain a strong, positive relationship with the community and is committed to:
- valuing the sanctity of human life and ensuring public safety and security for all;
- providing a safe environment and ensuring that force is used only when absolutely necessary;
- executing its duties in a fair and humane manner; and
- respecting human rights, the dignity of every individual, and every individual’s right to be free from unauthorized physical force.
- The authority to use force is an extraordinary power that must never be misused, abused, or un-reported. The Department's goal is to protect deputies, inmates, and the public by using non-force alternatives, including de-escalation, when time and circumstances shall permit. When force is authorized, deputies shall use only the least amount of force required to safely accomplish a legitimate law enforcement or detention-related function. <CALEA: 4.1.1>
- Cancellation: This order supersedes all previous Department orders regarding the use of force.
- Definitions:
- “Contact” means the same as defined in Department Order 1.00.3001 - Body-Worn Cameras.
- "Deadly Physical Force" means force, the intended, natural, and probable consequence of which is to produce death, and which does, in fact, produce death.<C.R.S. §18-1-901(3)(d)>
- "Deputy" means any sworn member of the DSD, regardless of rank.
- "De-escalation" means taking action or communicating verbally or non-verbally during a contact or interaction in an attempt to stabilize the situation and to reduce the immediacy of the threat so that more time, options, and resources are available to resolve the situation without the use of force.
- "Holding Facility/Lockup" refers to a temporary confinement facility where arrested persons are held pending release, adjudication, or transfer to another facility. Holding facilities include the Lindsey-Flanigan Courthouse (LFC), City and County Building (CCB), police substations, or any other place where a person is in custody.
- "Jail Facilities" means the Downtown Detention Center (DDC), the Denver County Jail (COJL), and the Correctional Care Medical Facility (CCMF).
- "Inmate" refers to any individual in the custody of the DSD.
- "Physical Force" means the application of physical techniques or tactics, chemical agents, or weapons to another person. <C.R.S. §24-31-901>
- "Serious Bodily Injury" means a bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. <C.R.S. §18-1-901(3)(p)>
- "Unauthorized Physical Force" means any use of force that fails to comply with the standards established in this policy.
- Types of Resistance:
- The following types of resistance represent ways in which an individual indicates unwillingness to comply with a deputy’s order(s), physically obstructs a deputy’s attempt to gain compliance, or physically attacks a deputy or others. Force authorized by this policy to the behavior(s) and/or resistance(s) listed below are set forth on the Resistance and Response Chart attached to this policy as Appendix A.
- Psychological Intimidation: Non-verbal cues in attitude, appearance, demeanor, or posture that indicate an unwillingness to cooperate, comply, or threaten a deputy or other person.
- Verbal Non-Compliance: Verbal responses indicating an unwillingness to comply with a deputy’s directions, or threaten to injure a person without the present ability to carry out the threat.
- Passive Resistance: Physical actions that do not prevent a deputy's attempt to exercise control of a person or place them in custody. For example, a person who remains in a limp or prone position.
- Defensive Resistance: Physical actions that attempt to prevent a deputy’s control, including flight or attempt to flee, but do not involve attempts to harm the deputy.
- Active Aggression: An overt act or threat of an assault, coupled with the present ability to carry out the action, which reasonable indicates that an assault or injury to a person is likely.
- Aggravated Active Aggression: Deadly force encounter.
- General Force Guiding Principles (In and Outside of the Jail Setting):
- General:
- In carrying out duties, deputies shall apply nonviolent means, to the extent reasonably possible, before resorting to the use of physical force, including, but not necessarily limited to, attempting to de-escalate, using tactical and control options that do not involve the use of physical force, and giving commands to be followed while giving the individual a reasonable opportunity to comply. A reference guide regarding potential tactical and control options and de-escalation techniques is included in Appendix B.
- Deputies shall use only a degree of force consistent with the minimization of injury to others.
- Deputies shall avoid demeanor and/or taking deliberate actions that escalate an encounter and may result in the need to use force, including using tactical or strategic actions that intentionally jeopardize safety and/or hinder successful incident resolution.
- Force, or the threat of force, shall not be used as a means of retaliation, punishment, degradation, or unlawful coercion.
- Force shall not be used after compliance or control of an individual has been obtained.
- Unnecessarily or prematurely drawing or showing a firearm limits alternatives in controlling a situation as it may create anxiety for the community and any individuals who are present and could result in an accidental discharge. Therefore, the decision to draw or show a firearm must be based upon the totality of the circumstances confronting the deputy and a reasonable belief that indicators of a substantial risk are present that the situation may escalate to the point where deadly force may be necessary.
- Whenever a deputy believes through their observations or otherwise that an individual the deputy is dealing with is someone who may be mentally ill, developmentally disabled, emotionally disturbed, or otherwise in crisis, the deputy must, if time and circumstances reasonably permit, use de-escalation techniques and/or other non-physical tactical or control options first to determine if the situation may be resolved without the use of force. If the deputy has not yet been trained in crisis intervention, the deputy, when reasonably possible, shall also request a crisis intervention training (CIT) trained deputy or police officer respond to the scene prior to using any force.
- Deputies should remember that there are many reasons why an individual may be unresponsive or resistant, including that the individual's mental state may prevent the individual from understanding the command or actions and the individual may not be deliberately failing to comply with commands or attempting to resist. When circumstances permit, deputies should consider reasons why an individual is unresponsive and attempt to utilize reasonable non-force alternatives prior to using force.
- A deputy may use deadly force against an individual only if an objectively reasonable belief exists that a lesser degree of force is inadequate and there are objectively reasonable grounds to believe, and the deputy does believe, that they or another person is in imminent danger of serious bodily injury or of being killed.
- When responding to any incident where force is reasonably necessary under the circumstances, strikes above the neck, to include the head and/or face, are prohibited unless the situation is an aggravated active aggression engagement. See Appendix A.
- Factors to consider in determining whether to use force:
- The ability to avoid or minimize the use of force by attempting to safely use de-escalation techniques and/or tactical control options.
- If outside of the jail setting, the severity of the crime.
- Whether the individual poses an imminent threat of injury to the safety of a deputy or others.
- Whether the individual is actively resisting a lawful command/order or attempting to evade by flight.
- The individual's apparent or known mental state.
- Whether the individual has the means or capacity to cause injury or death to a deputy or another. This may include, but is not limited to, the individual's physical ability, size, age, strength, level of aggression, and any weapons within their immediate control.
- The availability of cover/additional resources.
- Whether the individual is unresponsive and the reasons for that unresponsiveness.
- The location, including physical layout and proximity of third parties.
- The availability of non-force alternatives to avoid using force or minimize the force necessary.
- This policy does not require deputies to exhaust each action identified in
Appendix A before using physical force but deputies should only use the degree of force consistent with the minimization of injury to the individual and must apply non-force alternatives, when possible, before resorting to the use of force.
- Prohibition on Chokeholds and Physical Restraint During and After Struggle:
- Deputies are prohibited from using a chokehold upon another person.
- “Chokehold” means a method by which a deputy applies sufficient pressure to a person to make breathing difficult or impossible and includes, but is not limited to, any pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce air intake. <C.R.S. §18-1-707(2.5)(b)(I)>
- “Chokehold” also means applying pressure to a person’s neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries (e.g., carotid hold). <C.R.S. §18-1-707(2.5)(b)(II)>
- Deputies shall make every effort to avoid using their bodies in a way that could restrict an individual’s ability to breathe and any body weight being used to control an individual shall immediately stop once the individual is restrained. If an individual indicates that they are having difficulty breathing-regardless of the circumstances- the use of body weight shall immediately cease.
- Body weight shall not be used to control an individual’s head or neck. Deputies shall not kneel on an individual's head or neck.
- The less resistance offered by the individual, the less body weight a deputy should apply.
- As soon as possible after an individual has been handcuffed and stopped resisting, the individual should be turned onto their side or allowed to sit up.
- Deputies shall make all reasonable efforts to ensure that an individual is not left in a prone position once they are in restraints.
- As soon as the individual is restrained, medical assistance shall be sought, and the individual monitored carefully while waiting for medical assistance to arrive.
- Additional Guidance for the Use of Force Within DSD Jail Facilities:
- General:
- Deputies in DSD’s jail facilities may, in order to maintain order and discipline, use objectively reasonable and appropriate physical force when and to the extent that they reasonably believe it necessary to maintain order and discipline. <C.R.S. §18-1-703(1)(b)>
- Deputies may only use deadly physical force when the deputy objectively reasonably believes the inmate poses an immediate threat to the person using deadly force or to another person. <C.R.S. §18-1-703(1)(b)>
- If contact with an inmate known or suspected of having a mental illness, developmental disability, emotional disturbance, or otherwise in crisis, deteriorates to a crisis situation:
- The supervisor shall instruct the assigned deputy to page the behavioral health staff member during scheduled hours. If the behavioral health crisis team member is occupied, deputies will be instructed to contact the charge registered nurse (RN) at the Downtown Detention Center (DDC), the lead RN at the Denver County Jail (COJL), or the medical staff at the CCMF.
- Once the behavioral health staff member returns the call, the deputy assigned to the location who has witnessed the behavior will inform behavioral health of their detailed observation of the inmate.
- Behavioral health staff will then proceed to the housing area to complete a cell side evaluation.
- Refer to Department Order 1.00.4007 - Mental Health Assessment, Intervention, and Services.
- Planned Course of Action:
- "Planned Course of Action" means a plan that has been approved by a supervisor to address a situation in which a deputy needs to remove an inmate from a confined space or to otherwise enter that confined space and the inmate’s history or current conduct poses a potential threat to the deputy. Supervisors and deputies shall use planned courses of action when the following circumstances exist at the jail facilities and/or holding facility/lockup:
- an inmate is in a confined area;
- the inmate needs to be removed or a deputy needs to enter the confined area; and
- the inmate’s mental/medical history, past conduct, or present conduct makes it likely that, when the deputy attempts to remove the inmate or enter the confined area, the deputy may need to use reasonable and appropriate force against the inmate.
- When these circumstances exist:
- Prior to taking any action, the deputy must contact a supervisor to create a planned course of action. Supervisors must approve the planned course of action, as well as oversee its execution.
- Supervisors must consider the exigency and importance of the need to use reasonable and appropriate force prior to approving any planned course of action.
- As part of the planned course of action, the parties shall identify one (1) or more staff members to first attempt to obtain the inmate’s voluntary cooperation. Only if the inmate’s voluntary cooperation cannot be obtained may a deputy implement a planned force option which is reasonable and appropriate under the circumstances.
- The implementation of the planned course of action shall be recorded by video and audio.
- After the planned course of action is completed, all staff involved shall participate in a debriefing session.
- Imminent Event:
- "Imminent Event" means a situation which requires the use of reasonable and appropriate force due to the conduct of an individual who is engaged in active aggression, aggravated active aggression, or self-inflicting of harm such that the individual's conduct poses an immediate threat to safety and security. The nature of an imminent event precludes a deputy from obtaining prior supervisor approval.
- A deputy is authorized to use reasonable and appropriate force during an imminent event only when the circumstances necessitate an immediate response to prevent or stop an individual’s active aggression or aggravated active aggression.
- Examples of an imminent event include, but are not limited to:
- a fight;
- an individual physically attacks a deputy;
- an individual possesses a weapon and has the ability to use it; and/or
- an individual is engaged in conduct that poses a physical threat to their own well-being.
- When Physical Force is Used in Jail Facilities:
- When physical force is used, DSD personnel shall utilize the following procedures for obtaining medical attention:
- DSD personnel shall immediately notify the facility health services staff of the incident. Until a health service staff member evaluates the individual, DSD personnel shall continue to monitor the inmate’s condition and, if necessary, use life-saving measures.
- If the situation does not allow for the inmate to be escorted to health services, DSD staff shall immediately advise the health services staff to respond to the inmate’s location.
- If medical attention is not immediately available for an inmate who has been exposed to any chemical agent, DSD personnel shall take action to attempt to relieve the symptoms.
- If either health services staff or a DSD supervisor determines that more extensive medical aid is necessary, the inmate will be transported by paramedics/EMTs to an appropriate outside medical facility for treatment.
- If health services personnel are not immediately available, a DSD supervisor shall document the unavailability and the reason for that unavailability in the use of force report.
- Additional Guidance for the Use of Force Outside of DSD Jail Facilities:
- General:
- A deputy may only use physical force outside of Denver jail facilities if nonviolent means would be ineffective in effecting an arrest, preventing an escape, or preventing an imminent threat to serious bodily injury or death to the deputy or another person. <C.R.S. §18-1-707>
- When physical force is used, a deputy shall:
- not use deadly physical force to apprehend a person who is suspected of only a minor or nonviolent offense; and
- use only a degree of force consistent with the minimization of injury to others.
- Deadly Force (C.R.S. §18-1-707(3)(a)-(c)):
- Deadly force may only be used when all other means or apprehension are unreasonable given the circumstances and:
- the arrest is for a felony involving conduct including the use or threatened use of deadly physical force; and
- the suspect poses an immediate threat to the deputy or another person; and
- the force employed does not create a substantial risk of injury to other persons.
- A deputy shall identify themselves as a sheriff deputy and give a clear verbal warning of their intent to use firearms or other deadly physical force, with sufficient time for the warning to be observed, unless to do so would unduly place a deputy or other law enforcement at risk of injury or would create a risk of death or injury to other persons.
- Shooting At or From Moving Vehicles:
- For the following reasons, firing at moving vehicles is prohibited unless deadly force is being used against a deputy or other individual present by means other than the moving vehicle:
- Firing at a moving vehicle may have very little impact on stopping the vehicle.
- Disabling the driver may result in an uncontrolled vehicle, thereby causing the likelihood of injury to bystanders or occupants of the vehicle (who may not be involved in the crime) to be increased when the vehicle is either out of control or shots are fired into the passenger compartment.
- Deputies shall exercise good judgment and not move into, or remain in, the path of a moving vehicle. Moving into or remaining in the path of a moving vehicle, whether deliberate or inadvertent, shall not be justification for discharging a firearm at the vehicle nor any occupant. A deputy in the path of a vehicle shall attempt to move to a position of safety rather than discharging a firearm at the vehicle or any of the occupants.
- It is understood that the policy in regard to discharging a firearm at a moving vehicle, like all written policies, may not cover every situation. Any deviations shall be examined rigorously on a case-by-case basis.
- Deputies are not permitted to use a DSD vehicle nor any other vehicle to pursue another vehicle.
- Protocol Following Firearm Discharge:
- The following protocol shall be followed when a firearm is discharged:
- A deputy shall immediately request medical attention for an injured individual and contact the local law enforcement agency (911). All DSD personnel must cooperate fully with the local law enforcement agency.
- A deputy shall also contact the DSD duty supervisor and dispatch immediately or as soon as possible under the circumstances.
- The DSD duty supervisor shall notify DSD command staff and Public Integrity Division (PID) - Administrative Investigations Unit (AIU).
- DSD command staff shall notify the Sheriff, Executive Director of Safety, and Office of the Independent Monitor.
- All weapons shall be maintained at the completion of the shooting event, making no changes to the weapons except to make the weapons safe. The involved deputy shall maintain custody of their firearm until relinquished to the local jurisdiction’s crime laboratory personnel or designee, who will make arrangements to loan the deputy a replacement weapon.
- Except when a firearm is discharged to obtain a humane ending for a wild animal suffering from serious injuries, a DSD representative shall respond to any incident in which a firearm is discharged.
- I-Call communication is prohibited when a deputy is involved in an emergency situation.
- When a deputy-involved shooting occurs and any individual is killed or wounded, refer to Department Order 1.00.2012 - Peace Officer-Involved Shooting or Fatal Use of Force for guidance.
- The responsibilities of the ranking DSD deputy at the scene of a DSD deputy-involved shooting include the following, but are not limited to:
- Protecting and preserving the crime scene, including determining the area to be protected, and using appropriate personnel and methods until the local law enforcement agency arrives. At that time, control will be transferred to the local law enforcement agency. Empty magazines, speed loaders, spent shell casings, etc., shall remain where found for crime scene documentation.
- Assigning a DSD supervisor or designee to accompany or follow the involved deputy or deputies to the local law enforcement agency or medical facility and remain there with the involved deputy or deputies if DSD command staff so requests.
- Deputy Support Services:
- Refer to Department Order 1.00.2012 - Peace Officer-Involved Shooting or Fatal Use of Force for guidance.
- In the event of an employee death or serious bodily injury, the Sheriff or designee will be responsible for contacting the victim’s next of kin in a timely manner. See Department Order 1.00.5012 - Line of Duty Death. <CALEA: 55.2.6>
- Medical Attention Following a Use of Force: <CALEA: 4.1.5>
- As soon as a use of force situation has been stabilized, the following individuals shall be immediately screened by health service personnel as soon as reasonably possible:
- any individual on whom physical force has been used, regardless of the type or amount;
- any individual who has been exposed to any chemical agent;
- any individual with one (1) or more suspected injuries; and
- any individual who has made a complaint of injury or pain.
- When physical force is used outside a DSD facility, and the involved individuals has not sustained serious bodily injury, the involved deputy or deputies shall ensure that assistance and medical aid are rendered to any injured or affected persons as soon as practicable. Under such circumstances, DSD personnel shall use the following procedures:
- Notify an on duty supervisor.
- Continue to monitor the individual's condition, when possible, while transporting them to the DSD facility.
- Upon arrival, DSD personnel shall immediately escort the individual to the Medical Unit for screening.
- If either health services staff or a DSD supervisor determines that more extensive medical aid is necessary, the individual will be transported by paramedics/emergency medical technicians (EMT) to an appropriate outside medical facility for treatment.
- When physical force is used outside a DSD facility and a person has sustained serious bodily injury such that immediate medical attention is required, the following procedures shall be used:
- DSD personnel shall as soon as reasonably possible, request an ambulance and document the time.
- DSD personnel shall notify an on duty supervisor of the incident and document the time the ambulance arrives.
- DSD personnel shall provide a written report in compliance with the requirements of Department Order 1.00.11004 - Written Reports.
- DSD personnel shall advise the on duty supervisor whether the individual was cleared medically or requires more extensive care at an outside medical facility.
- If the individual refuses medical treatment, they shall be transported to a medical facility and requested to personally inform the medical staff of their refusal to receive medical treatment. The deputy transporting the individual shall include the name of the medical personnel to whom the individual declared the refusal in the appropriate report.
- If the individual refuses to be transported to the medical facility, a deputy shall request a member of the medical staff report to the individual’s location so the individual can be assessed.
- A supervisor shall ensure that any DSD deputies engaged in a use of force shall not escort an individual who was also engaged in the use of force to the Medical Unit unless there are no other DSD personnel available who can escort the individual. If a supervisor determines that a deputy who was involved in the use of force shall escort the individual, the supervisor shall document the reason for that decision in the use of force report.
- Unauthorized Use of Force:
- In determining whether any force used by a deputy was unauthorized, the Sheriff and Executive Director of Safety, if appropriate, shall consider:
- the facts and circumstances the deputy knew or reasonably should have known at the time of the incident;
- de-escalation, tactical options, and control options, if any, which were available to the deputy;
- whether the deputy’s use of force was reasonable when viewed in the light of what an objectively reasonable officer would have done under the same or similar circumstance; and
- whether the deputy’s use of force was the least amount of force appropriate to safely accomplish a legitimate law enforcement or detention-related function.
- A deputy will be found to have used unauthorized force in the following situations:
- a deputy has used force in a particular circumstance but, under this policy, no force should have been used;
- a deputy has used a particular level of force but, under this policy, a lesser degree of force should have been used;
- a deputy has used a particular type of weapon, device, or instrument but, under this policy, that type of weapon, device, or instrument should not have been used at all or should not have been used in that particular manner;
- a deputy has used force in a particular way but, under this policy, the deputy was not justified in using force in that way; and
- any other situation in which a deputy’s use of force is not justified by this policy.
- Refer to the DSD 1.00.5044 - Disciplinary Handbook for a more detailed explanation of the process for reviewing whether a deputy’s use of force complied with this policy.
- Duty to Intervene:
- Deputies are required to intervene to prevent or stop any other law enforcement officer--without regard for the chain of command--from using physical force that exceeds the force permitted under Colorado law or this policy. Any deputy who intervenes in the use of physical force under such circumstances or reports the use of physical force which does not comply with Colorado law or this policy will not be disciplined or retaliated against, including failure to follow what the officer reasonably believes is an unconstitutional directive.
- In accordance with C.R.S. §18-8-802(1.5), deputies who fail to intervene when the opportunity exists commit a Class 1 misdemeanor and may be subject to additional criminal charges.
- A deputy who intervenes in the use of unauthorized physical force or who witnesses unauthorized force by any other law enforcement officer must also comply with the reporting requirements set forth in Department Order 1.00.11004 -Written Reports.
- Duty to Report a Use of Force:
- A deputy who witnesses another law enforcement officer use unauthorized or unlawful force must immediately report it to a supervisor.
- Failure to report unauthorized or unlawful force is a violation of this policy and Colorado state law C.R.S. §18-8-802.
- For required written reports after a use of force, refer to Department Order 1.00.11004 - Written Reports.
- Accountability:
- All DSD personnel must be familiar with and comply with all provisions of this policy. The division chief/unit commander or unit manager of any division or unit affected by this policy will ensure that: <CALEA: 4.2.4>
- this policy is reviewed annually for compliance with all federal, state, and local laws and standards;
- existing procedures and all newly developed orders are in compliance with this order; and
- all affected personnel are made aware of this policy.
- Training on Provisions of this Use of Force Policy:
- The DSD shall provide deputies with training on the provisions of this policy.
- All deputies, including all newly hired deputies, must be appropriately trained in the effective use of de-escalation techniques, tactical considerations, non-force control options, weapons and physical force as applicable to their job responsibilities. <ACA 4-ALDF: 7B-16>
- At least annually, all personnel authorized to carry weapons are required to receive in-service training on this policy and demonstrate proficiency with all approved lethal weapons and electronically controlled weapons that the individual is authorized to use. In- service training for other less lethal weapons and weaponless control techniques, tactical options, and de-escalation techniques shall occur at least biennially. <CALEA: 4.3.3>
- To the extent that any portion of a deputy’s training (whether provided by the DSD or otherwise) is inconsistent with any of the provisions of this policy, the provisions of this policy shall prevail over the deputy’s training.
- Effective Date: This order will become effective on June 8th, 2022.
- Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
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