2008-105-Resolution No. 2008-014 Recorded 2/28/2008. - REV�IE'- � v
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS CJ 2048�1�5
NANCY BLANKENSHIP, COUNTY CLERK 1i�1 Y
COMMISSIONERS' JOURNAL OZIlia 1ZA08 Al IA II PM
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For�ecordmgg Wmp n y
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution regarding the Deschutes County
Planning Authority's Use of Deadly Physical * RESOLUTION NO. 2008-014
Force Plan
S
WHEREAS, Senate Bill 111, passed by the 2007 Legislature and approved by the Governor,
requires every law enforcement agency in the state to adopt a policy dealing with the use of deadly
force by its police officers; and
WHEREAS, Senate Bill 111 appoints Sheriffs and District Attorneys co-chairs of a county
Planning Authority that must complete and submit to the governing bodies of each law enforcement
agency within the county a proposed plan about the use of deadly physical force on or before July 1,
2008; and
WHEREAS, under Senate Bill 111, the governing bodies of each law enforcement agency shall
approve or disapprove the plan, but may not amend the plan, within sixty (60)days after receiving the
plan; and
WHEREAS, Deschutes County Board of Commissioners is the governing body for the
Deschutes County Sheriff's Office, a law enforcement agency; and
WHEREAS, in accordance with Senate Bill 111, the Deschutes County Planning Authority has
submitted a use of deadly physical force plan to the Board of County Commissioners of Deschutes
County for approval or disapproval; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
PAGE I of 1 — RESOLUTION NO. 2008- 014 (01/30/08)
Section 1. That the Deschutes County Planning Authority's use of deadly physical force plan,
attached hereto as Exhibit A, is hereby —approved disapproved.
Dated this of p- a. 08
ATTEST:
(�� %kkm
Recording Secretary s
PAGE 2 of 1- RESOLUTION NO. 2008- 014 (01/30/08)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUT COUNTY, OREGON
DENNIS R. LUKE, Chair
TAMMY (BANEY) MELTON, Vice Chair
Exhibit A
DEADLY
PHYSICAL
FORCE
PLAN
Deschutes County
Use of Deadly Physical Force
Planning Authority
Table of contents
plan page 1
PLANNING AUTHOR ............... ........... .............
MEMBERS OF THE
.... 3
PREAMBLE........................................................
....... 3
.............
SECTION 1. ADMINISTRATION
...... 3
THE PL ..............................................
OF AN
SECTION 2: APPLICABILITY
.•. 3
3: DEFINITIONS .................................................
SECTION
SECTION 4: IMMEDIATE AFTERMATH .............................................
PROTOCOLS ..............•••""""'"""""'..
SECTION 5: INVESTIGATION
INVESTIGATION ...............•""""""""
SECTION 6' CRIMINAL
DISTRICT ATTORNEY ...................................................
SECTION 7:
8: DEBRIEFING...•••••••••••••••••"""""""���'��"��� ..........
SECTION
TRAINING, .............................
SECTION 9: EDUCATION, G OUTREACH
.........10
•..,,,,11
10: FISCAL IMPACT .•.•••...... .......................
SECTION
..................................
11: PLAN REVIEW ......................
SECTION
SECTION 12: AGENCY POLICIES ...............................................
plan page 1
Members of the Planning Authorit
Co-chair — Mike Dugan — Deschutes County DA
Co-chair — Sheriff Larry Blanton moment
Chief Ron Roberts — City of Redmond Police Dep
Sergeant Tom Kipp — Oregon State Police
Detective Mike Tabor — Bend PD (Labor Union Representative)
Tom York - Citizen
sc ppg this Plan was approved by a unanimous vote ,o the Planning
On January 31 , 2 royal to governing bodies of the following
Authority, and submitted for app roved (date)
----------------------- Approved/Disapp
Deschutes k Bute Ranch Police Department
Deschutes County Sheriff s Office
Sunriver Police Department --
-----------
City of Bend---------------
------------
----------
------------
City of Redmond----------------
Plan page 2
Approved/Disapproved (date)
Approved/Disapproved (date)
Preamble
The use of deadly Physical force by law enforcement personnel is a Thetpurpo critical
this
concern both to the public and to the law enforcement community stitute for agency
t the standards for the use of such force, or ° for a coe a sub ni tent response
Plan is not to se provide a framework
policy regarding use of force,
but rather to
f dead] physical force that treats the law enforcement officer fairly,
to an officer, s use o Y stem.
and promotes public confidence in the criminal justice system.
Section 1: Administration
fanning authority is unable to continue f Senate Bill
(1) in the event that a member of then rated as provided in Section 2( )
serve, a replacement shall be app Y royal of the
nnn
111, Oregon Laws 2007. Authorit he app
There shall be six voting members of the Plaig
(2) elements or revisions thereof, shall be by majority vote.
Plan, members shall be required in order to hold any
(3) The presence of 2/3 of the voting authority is
vote.
Any meeting of a quorum of the voting members of the Planning
(4) subject to Oregon's open meeting law.
Section 2: A licabilit f of the Plan
to any use of deadly physical
(1) This plan shall be applicable, as set forth herein,lice officer acting in the course of
force, that results in a death of a person, by p
and in furtherance of his/her official duties, occurring within Deschutes County.
Section 3: Definitions
Means the law enforcement organization or organiations
z
employing the involved officer or officers.
roved by the Planning Authority,
Means the final document a OVerning bodies employing law
adopted by two-thirds of the g the Attorney General.
enforcement agencies, and approved by
Any approved revisions shall become a part of the Plan.
Parent Agency -
Plan -
Plan page 3
Physical — Means physical force that under the circumstances in which
is
Deadly Y
Force used is readily capable of causing death or serious physical in Jm'Y•
Physical Injury -
Means impairment of physical condition or substantial pain that
does not amount to "serious physical injury
Officer- Means the person whose official conduct, or official order, was the
Involved person. "Involved Officer" also
cause in fact of the death of a p
t the cause in fact of the
means an officer whose conduct wari dent before or during e
death, but who was involved in the
use of deadly physical force, and this involvement l of st reasonablywas o
lkely to expose the officer to a heighten l
trauma.
Means the agency with jurisdictional authority where an officer involved incident takes p
LEA of- lace, however, it may or may not be the
Primary The Law Enforcement
Responsibility parent agency officer(s). OY for involved ocer(s). relinquish the role
Agency (LEA) of Primary Responsibility may 9
upon consultation with the District Attorney and agreement from
another agency to assume the role.
Section 4: Immediate Aftermath
force that results in a death of a person the
(1) When an officer uses deadly Physical
officer shall immediately take whatever steps are reasonable and necessary to
protect the safety of the officer and any member of the public.
U
(a)
(b)
(c)
Plan page 4
After taking such steps, the officer shall immediately notify his or er
agency of the use of deadly Physical force.
are ly
Thereafter, the officer, if able, shall take s ene and to preserve evbdence.
steps as
necessary to preserve the integrity of the
Upon request, the officer shall provide information
properdin preserve any
circumstances as necessary to protect persons
evidence, and to provide a framework for the investigation.
Section 5: Investigation Protocols
1 There will be two investigations regarding vests Officerinvolved
will be conducted by a Law
critical incidents that
() occur in Deschutes County. A Criminal Responsibilitye to determine if any
Enforcement Agency (LEA) of Primary
criminal conduct occurred during a critical incident. The Parent Agencyof the
involved officer(s) will conduct a secondary personnel investigation regarding the
policies of the parent agency.
()
2 The LEA of Primary Responsibility will designate an Incident Commander. All
the criminal investigative activities shall be directed and coordinated by the
responsibility of the Incident Commander is
Incident Commander. The primary p Commander
direction and coordination of the entire investigat o The
Responsibility ortothe partner
may appoint personnel from the LEA of primary p
agencies to his/her command staff.
()
3 The Incident Commander shall ensure that at least one officer not employed by
the Parent Agency of involved officer(s) is assigned as an active investigative
participant until the conclusion of the investigation.
() 4 The Incident Commander may activate and enlist the Incident Team to assist in
Of
the Tri -County, (Jefferson, Crook, Deschutes), Maiof
the investigation. (The Tri -County Major IncidenI Team
Memorandum
orandummandr may enlist
Understanding will be attached to this plan.)
The other specialized investigators such as, but not limited t ,,X Oregon
ers �medica Police
Crime Laboratory, scale diagram specialists, polygraph
personnel, the Medical Examiner, The State Medical Examiners Office, firearm
experts, use of force experts and other officers
per t gatio enced n the
criminal
investigation of critical incidents to assist in e
inv()
5 The Incident Commander shall ensure that the investigation, at a minimum, shall
consist of.
(a) Eyewitness interviews.
(b) Evidence collection.
(c) Scene documentation.
(d) Background interviews.
(e) Involved Officer interview(s)
6 The Incident Commander shall ensure that the in
written rep �e documented in
LEA of Primary() reports and that the reports are filed with
Plan page 5
Responsibility, the District Attorney and at the discretion of the District Attorney,
with the parent Agency.
Section 6: Criminal Investi a� t_
force results in a death of any person, in addition to the
When the use of deadly physical a enc Policy,
the
requirements of Section 4 (1) of this Plan, and notwithstanding agency P
following provisions apply:
Upon the arrival of additional officers, sufficient to manage the scene, each
(1) p personnel
Involved Officer shall be relieved of the above duties
police Section 4 (1) o
the Plan, and the duties shall be re -assigned to uninvolvedp
soon as racticable, each Involved Officer shall leave medical treatment directed by
(2) As p opportunity fo
as
his or her supervisor, and be offered an
If the officer is not in need of medical treatment, he involved Officer, the
necessary.
taken to a local police or resentativee shall be notified. ff s office. if ueste y
officer's union rep
(3) As soon as practicable,
the duty weapon of any officer who fired their weapon or
who was in the immediate vicinity where weapons w f appropriate.
rshall be seized y
w
investigators, and replaced with a substitute weapon,
(4) Interview of an"Involved Officer":
As used in this section "interview" refers to formal officer
by
nable time after the
assigned investigative after he officer has had an Opportunity to consult with
incident, an
counsel, if so desired.
(a)
The waiting period does not preclude an initial of he incident. tion with
the officer to assess and make an initial evaluation
all take immediate
ze te
b The on -scene supervisor shoria e staff and agenc esh
() and
situation, ensure notification of the app pas
shall obtain a preliminary statement from the involved officer as soo
ossible. The purpose in obtaining this statement
win
safety information (e.g- of ebe vidence, Public
p outstanding suspects,
direction of travel, etc.).
d consistent with the control of any
(c) The scene shall be secured and managetto the scene.o conduct the
other major crime scene. Only personnel necessary
When it is
investigation shall be permitted access ontaminated or destroyed, the
determined that no evidence will be
plan page 6
officer (s) involved may conduct a "walk through" to assist in the
investigation.
(5) For at least 72 hours immediately following an incident in which the use of
deadly physical force by a police officer resulted in the death of a person, a law
enforcement agency shall not return an Involved Officer to duties that might
place the officer in a situation in which the officer has to use deadly force.
(a) Officer (s) involved in discharging his or her firearm that results in a death
to any person shall immediately be placed on administrative leave until
such time as sufficient information exists to determine the justification in
the use of deadly physical force and that the officer (s) have had an
opportunity for mental health counseling with an outcome that no issues
would preclude the officer (s) from performing the duties of a police
officer.
(6) In the 6 months following a use of deadly physical force incident that results in a
death, the Parent Agency shall offer each Involved Officer a minimum of two
opportunities for mental health counseling. The officer shall be required to attend
at least one session of mental health counseling.
(a) At agency expense, the involved officer (s) shall be scheduled for
an appointment with a licensed mental health counselor for a
counseling session with a follow-up session scheduled
at a date determined by the mental health professional.
(b) The counseling sessions are not to be considered fitness for duty
evaluations, and are to be considered privileged between the
officer and counselor.
(7) After consultation with the involved officer, the Parent Agency or officer shall
notify the officer's family according to the Agency's General Order, or other
policy regarding such notification.
(8) As soon as practicable after the arrival of a supervisor, notification shall be made
to the District Attorney as provided in Section 7 (1) of this Plan.
(a) This provision does not prevent the Parent Agency from requiring
additional notification requirements within their respective agency
policies.
Plan page 7
(9) The assignment of outside investigative personnel does not preclude the Parent
Agency involved from conducting a concurrent investigation for administrative
purposes as established by that agency. Such investigations may be necessary for
civil preparation, determination of policy violations or training issues.
(10) In order to preserve the integrity of the investigation and prosecution, if one
occurs, the incident commander or his designee shall notify all involved
officers to refrain from making public statements about the investigation, until
such time as the investigation has concluded and the District Attorney has made
a determination regarding the criminal responsibility of all involved persons.
(11) The Parent Agency shall designate a representative to make an initial public
statement about the incident. Such statement shall include:
(a) The time and place of the incident.
(b) The condition of any suspect.
(c) The nature of the use of deadly physical force.
(12) Prior to a final determination being made by the District Attorney, the District
Attorney and the LEA of Primary Responsibility shall consult with each other and
make a public release of information as is deemed appropriate.
Section 7' District Attorney
(1) When an incident of the use of deadly physical force by an officer occurs, and
death of a person results, the agency shall, as soon as practicable notify the
District Attorney's Office.
(a) Notification shall be made to the District Attorney, Chief Deputy, or other
senior member of the District Attorney's staff.
(2) When a use of deadly physical force by an officer occurs, and death of a person
results, the District Attorney, and/or a senior member of his staff, will consult
with the agency regarding the investigation and implementation of the other
elements of this plan.
Plan page 8
(3) The District Attorney has the sole statutory and constitutional duty to make the
decision on whether to present a matter to a Grand Jury.
(a) Preliminary Hearings will not be used as a method of reviewing an
officer's use of deadly force.
(b) The District Attorney will consult with the investigating agency and make
the decision on whether to present the case to a Grand Jury.
(1) The timing of the decision will be made by the District Attorney at
such time as he has determined that sufficient information is
available to competently make the decision.
(c) If the District Attorney decides to present a case to the Grand Jury, the
District Attorney shall promptly notify the investigating agency, the
involved officer's agency, and the involved officer's representative.
(d) If the District Attorney decides that the investigation reveals that the
officers use of deadly force was justified under Oregon law, and that
Grand Jury review is unnecessary, the District Attorney shall so notify the
Agency, the involved officer, the involved officer's representative, and the
public.
Section 8: Debriefing
The use of deadly physical force by an officer has the potential to create strong
emotional reactions which have the potential to interfere with an officer's ability to
perform his/her duties. These reactions may be manifested immediately, or over time.
Further, these reactions may occur not only in an officer directly involved in the incident,
but also in other officers within the Parent Agency.
The requirements of this section provide a minimum framework, and are not
intended to take the place of Parent Agency policy rules and regulations. Agencies are
encouraged to develop formal procedures to deal with an officer's stress response
following a use of deadly force incident.
(1) At the conclusion of the investigation the Incident Commander shall ensure that
adequate time is allotted for a full critique of the operational effectiveness of the
investigation and the plan. The critique shall be held in private and shall be
attended by investigators or other personnel who were actively involved in the
investigation.
Plan page 9
(2) If any item of significance is found as a result of the critique, the Incident
Commander shall submit an after -action report to the LEA of Primary
Responsibility and the Deschutes County Deadly Force Planning Authority.
(3) The Incident Commander shall assure that the appropriate information is collected
and provided to the District Attorney. The District Attorney will then submit the
report to the Attorney Generals Office. The report must include the date, time and
location of the incident, the name, gender, race, ethnicity and age of the decedent,
and a brief description of the circumstances surrounding the incident.
Section 9: Education, Training, Outreach
(1) The Board and Department of Public Safety Standards and Training requires 8
hours per year, 24 hours over a 3 year period of training from either the
"firearms" or "use of force" subject areas. Each agency subject to this Plan shall
require that a minimum of 4 hours per year, 12 hours over a 3 year period, of that
training be on the use of force. The training must include education on the
agency's use of force policy and the Deadly Physical Force Plan. This training
may also include, but is not limited to:
a. Defensive Tactics.
b. Tactical Shooting.
C. SWAT training.
d. Use of force in making an arrest.
e. Use of non -lethal force.
f. Range 3000.
g. In -Service and Briefing Training.
Each agency shall have a written policy and monitoring system to ensure that
the standards are met.
(2) Upon adoption of this Plan, to the extent they are fiscally able, each agency shall
take steps to publicize the Plan to their respective communities, by providing
information to the media, general public, community organizations, citizens
academy's and quasi -governmental bodies.
Plan page 10
(3) At least once per calendar year the District Attorney's Office shall provide their
Attorneys training on the use of force by law enforcement officers, the
investigation of such incidents and the Deadly Physical Force Plan.
(4) At least once per calendar year, the Planning Authority shall conduct outreach
intended to educate the media, government bodies and members of the Deschutes
County community in the use of force by law enforcement officers and the
investigation of such incidents.
(5) Prior to the adoption of this Plan, the Planning Authority shall take steps to
engage the Deschutes County community in a discussion regarding the purpose of
the Plan, and the elements contained therein. Such steps shall include, but are not
limited to general public release of the draft, discussion with the media, providing
the draft to agency employees, union representatives, elected officials, and
members of relevant boards or commissions.
Section 10: Fiscal Impact
(1) At the conclusion of each fiscal year following the adoption of the Plan, each
agency shall submit to the administrator of the Plan, a report outlining the fiscal
impact of each element of the Plan as described in sections (a) to (e) of Section 2
(4) of Senate Bill 111, Oregon Laws 2006.
Section 11: Plan Review
(1) The Planning Authority will meet annually to review and discuss the operation of
the Plan.
(2) If a revision of the Plan becomes advisable, the Planning Authority shall meet and
discuss such a revision. If the Planning Authority adopts a revision, such revision
shall be submitted for approval as provided by statute.
Section 12: Agency Policies
Use of Force policies, from all law enforcement agencies covered under
this plan, is attached.
Plan page 11
Attached Policies
#1 6 Pages Tri -County Major Incident Team Memorandum of Understanding
#2 6 Pages Bend PD "Officer Involved Deadly Force Investigation"
#3 6 Pages Bend PD "Use of Force"
#4 5 Pages Black Butte Ranch PD "Use of Force"
#5 8 Pages Black Butte Ranch PD " Use of Force, Specific Instrumentality"
#6 5 Pages Deschutes County SO "Use of Force"
#7 6 Pages Deschutes County SO "Deputy Involved Deadly Force Investigations"
#8 12 Pages Redmond PD "Response to Resistance/Aggression"
#9 9 Pages Redmond PD "Critical Incident Stress Management"
#10 11 Pages Sunriver PD "Use of Force"
#11 17 Pages Sunriver PD "Use of Force, Specific Instrumentality"
#12 10 Pages Sunriver PD "Officer Involved Use of Force Investigation"
#13 8 Pages Department of State Police "Use of Force"
Plan page 12
This plan has been approved by the Deschutes County Planning Authority Board on
January 31, 2008.
Sheriff Larry Blanton
Co -Chair
Plan page 13
District Attorney Mike Dugan
Co -Chair