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HomeMy WebLinkAbout8-21 Use of Force, Enforcement Tools,.Nneehill COUNTY Section Protective Services Policy Title Use of Force, Enforcement Tools POLICY Policy No. Page 8-21 1 1 of 6 Date; Motion N July 19, 2022 o. 228/22 Purpose: A Community Peace Officer employed by Kneehill County while carrying out his/her duties is under the legal obligations, authorities and responsibilities specified by the Alberta Minister of Justice in appointment of a Community Peace Officer. Subject to this appointment, Community Peace Officers of the County are employed for the investigation of alleged offences relating to Provincial and Municipal legislation. This policy summarizes the Use of Force tools available to our Community Peace Officers in their enforcement role. Policy Guidelines: This policy will outline procedures Kneehill County Public Safety will follow regarding: ■ Use of Force ■ Oleoresin Capsicum (OC) Spray ■ Extendable Batons • Handcuffs ■ Qualifications and Training ■ Body Armour ■ Powers and Duties of Arrest 1. USE OF FORCE Community Peace Officers are authorized to provide objectively reasonable force responses in carrying out their obligations and responsibilities in the execution of their duties. Community Peace Officers shall use as little force as is necessary to achieve compliance, in conforming to the Justice and Solicitor General Use of Force Guidelines, when making an arrest and/or providing Officer/Public Protection and to safely control a situation. Community Peace Officers shall not resort to the use of force unless such force is necessary in the course of their duties as a Peace Officer. If the use of force is necessary, the Community Peace Officer will apply the Alberta Justice and Solicitor General Use of Force Guidelines, as trained. Whenever a Community Peace Officer takes an action that results in or is alleged to have resulted in a use of force, the Community Peace Officer shall: a. Contact the police service of jurisdiction (RCMP) and inform them of the incident. b. As soon as possible, contact the CAO or designate. c. As soon as practical, after the incident, complete a written report detailing the circumstances surrounding the incident. d. Forward a report to the Alberta Solicitor General, Public Security and CAO or designate, within 24 hours of the incident. Community Peace Officers shall be trained in the Use of Force in accordance with the Alberta Justice and Solicitor General Use of Force Guidelines. Section Protective Services Policy Title Use of Force, Enforcement Tools POLICY Policy No. Page 8-21 1 2 of 6 Date: Motion No. July 19, 2022 228/22 2. OLEORESIN CAPSICUM tO.C.) SPRAY Kneehill County will not provide O.C. spray to Enforcement Officers, as referenced in the Enforcement Officer Bylaw, or Level 2 Community Peace Officers. Kneehill County may issue O.C. spray to Community Peace Officers who may be required to utilize O.C. Spray during the execution of Community Peace Officer duties. O.C. spray must only be used in cases where a lesser amount of force would be ineffective. Community Peace Officers must decide using the Use of Force training, whether circumstances warrant using the O.C. spray and then, only force sufficient to obtain control shall be used. Restriction of use of O.C. Spray a. Community Peace Officers may carry O.C. spray only when on duty. b. Community Peace Officers will recognize and abide by policy currently in place by the Alberta Solicitor General regarding the use of O.C. spray within an enclosed detention area and/or enclosed vehicle bay. (Restricted to situations of extreme violence, animal control/defense, or when other means of restraint cannot reasonably be achieved). c. Community Peace Officers will only carry and use O.C. Spray that is issued by Kneehill County and authorized by the Alberta Solicitor General. d. O.C. Spray must only be used as a defensive tool and should not be applied to facilitate an arrest unless other means are not available. e. Community Peace Officers will not allow, lend, or provide to any person, not duly authorized by law, to handle, possess or use O.C. Spray. Storage and care of O.C. Spray a. When O.C. Spray canisters are in the office and not in the possession of a Community Peace Officer, they must be stored in a locked cabinet. Replacement canisters will also be stored in the secure lockup cabinet. When members are off -duty, O.C. Spray will be stored in the secure lockup cabinet. If the Community Peace Officer goes off -shift at their residence, the O.C. Spray must be secured within a locked cabinet while off duty. b. Community Peace Officers will inspect the O.C. Spray canister at regular intervals for damage and function of the canister's components. Post incident guidelines a. After deployment, Community Peace Officers should wait a moment before approaching the subject. This will allow the potency of the O.C. Spray in the air to diminish to a tolerable level, to avoid personal contamination. Encourage the subject who has been sprayed to relax and breathe normally. Decontaminate the subject at the first reasonable opportunity by exposing the affected area to fresh air and flushing the contaminated area with cool water if available. Section Protective Services Policy Title Use of Force, Enforcement Tools POLICY Policy No. Page 8-21 3 of 6 Date: Motion No. July 19, 2022 228/22 Community Peace Officers should not force decontamination upon a subject who refuses decontamination. However, Community Peace Officers are responsible for the subject, and shall offer periodic access to water. Community Peace Officers will provide immediate medical attention by taking the subject to a medical professional, if the symptoms persist beyond reasonable limits as outlined in the training. A Community Peace Officer involved in an occurrence where O.C. Spray was deployed on a person, either by himself or another Community Peace Officer, shall advise the police service in the area (RCMP) forthwith of the deployment of O.C. Spray and request their attendance/assistance. As soon as practical, Community Peace Officers will advise the CAO or designate of an occurrence involving O.C. Spray and complete an incident report. Community Peace Officers will forward a report within 24 hours of the incident involving a person, to the Alberta Solicitor General, and CAO or designate. EXTENDABLE BATONS Kneehill County may issue extendable batons to Community Peace Officers who may be required to utilize extendable batons during the execution of duties. Extendable batons must only be used in cases where a lesser amount of force would be ineffective. Community Peace Officers must decide using the Use of Force training, whether circumstances warrant using the extendable baton and then, only force sufficient to obtain control shall be used. Restriction of use of extendable batons Community Peace Officers may carry the extendable baton only when on duty. b. Community Peace Officers will only carry and use extendable batons that are issued by Kneehill County and authorized by the Alberta Solicitor General. c. Extendable batons must only be used as a defensive tool and should not be applied to facilitate an arrest unless other means are not available. d. Community Peace Officers will not allow, lend, or provide to any person, not duly authorized by law, to handle, possess or use the extendable baton. e. Community Peace Officers will recognize and abide by policy currently in place by the Alberta Solicitor General regarding the use of extendable batons. Storage and care of extendable batons a. When Community Peace Officers are off -duty, extendable batons will be stored in the secure lockup cabinet. If the member goes off -shift at their residence, the extendable baton must be secured within a locked cabinet while off duty. b. Community Peace Officers shall inspect the extendable baton at regular intervals for damage and function of the baton's components. Section Protective Services Policy Title Use of Force, Enforcement Tools Post incident guidelines POLICY Policy No. Page 8-21 1 4 of 6 Date: Motion No. July 19, 2022 228/22 a. A Community Peace Officer involved in an occurrence where the extendable baton was deployed, shall advise the police service in the area (RCMP) forthwith of the deployment of the baton and request their attendance/assistance. b. Community Peace Officers will provide immediate medical attention by taking the subject to a medical professional, if the symptoms persist beyond reasonable limits as outlined in the training. c. As soon as practical, Community Peace Officers will advise the CAO or designate of the occurrence and complete an incident report. d. Community Peace Officers will forward a report within 24 hours of the incident, to the Alberta Solicitor General and CAO or designate. 4. HANDCUFFS Kneehill County may issue handcuffs to Community Peace Officers who may be required to utilize handcuffs during the execution of Community Peace Officer duties. Handcuffs must only be used in cases where a lesser amount of force would be ineffective. Community Peace Officers must decide using the Use of Force training, whether circumstances warrant using the handcuffs and then, only force sufficient to obtain control shall be used. Restriction of use of handcuffs a. Community Peace Officers may carry the handcuffs only when on duty. b. Community Peace Officers will only carry and use handcuffs that are issued by Kneehill County and authorized by the Alberta Solicitor General. c. Handcuffs must only be used as a defensive tool and should not be applied to facilitate an arrest unless other means are not available. d. Community Peace Officers will not allow, lend, or provide to any person, not duly authorized by law, to handle, possess or use the handcuffs. e. Community Peace Officers will recognize and abide by policy currently in place by the Alberta Solicitor General regarding the use of handcuffs. Storage and care of handcuffs a. When Community Peace Officers are off -duty, handcuffs will be stored in the secure lockup cabinet. If the member goes off -shift at their residence, the handcuffs must be secured within a locked cabinet while off duty. b. Community Peace Officers shall inspect the handcuffs at regular intervals for damage and function of the handcuff's components. Post incident guidelines A Community Peace Officer involved in an occurrence where the handcuffs were used, shall advise the police service in the area (RCMP) forthwith of the use of the handcuffs and request their attendance/assistance. Section Protective Services Policy Title Use of Force, Enforcement Tools POLICY Policy No. Page 8-21 1 5 of 6 Date: Motion No. July 19, 2022 1 228/22 Community Peace Officers will provide immediate medical attention if required. c. As soon as practical, Community Peace Officers will advise the CAO or designate of the occurrence and complete an incident report. d. Community Peace Officers will forward a report within 24 hours of the incident, to the Alberta Solicitor General and CAO or designate. 5. QUALIFICATIONS AND TRAINING a. Community Peace Officers shall be trained in the use, care, system testing, and handling of O.C. Spray, extendable batons, and handcuffs in accordance with the Alberta Solicitor General's guidelines and standards. b. Community Peace Officers will undergo training at an interval as directed by the Alberta Solicitor General's standards. c. Community Peace Officers may undergo additional training as required by Kneehill County to ensure training is up to date, and specific for duties that may be required within the organization (Ex: First Aid, Incident Command System, General Safety Training, Weights, and Dimensions, etc). 6. BODYARMOUR Body armour will be provided to Community Peace Officers by the County. Body armour that is ruined or damaged due to an unanticipated event such that the structural integrity of the body armour is affected, will be replaced as soon as practicable. Alternatively, body armour will be replaced in accordance with the manufacturer's specifications of shelf life. Community Peace Officers should maintain this body armour according to manufacturer's specifications. Community Peace Officers will wear body armour while on duty in uniform. 7. POWERS & DUTIES OARREST Criminal Code Offences Community Peace Officers employed by Kneehill County do not have criminal code authorities listed on their Community Peace Officer appointment and they do not investigate complaints of criminal activity. They do however maintain a power of arrest under Section 494 of the Criminal Code of Canada for indictable and hybrid offences. If Officers decide to make an arrest pursuant to Section 494 of the Criminal Code of Canada, they are to turn the person taken into custody over to the RCMP detachment of jurisdiction. Provincial Statutes/Municipal Bylaws Community Peace Officers employed by Kneehill County may enforce all municipal bylaws and the provincial statutes listed on their Community Peace Officer appointment and as such may be authorized to arrest under those statutes as legislated. Duties of Arresting Officer In cases when an arrest has been made the accused must be: a. Informed of the reason for their arrest Section Protective Services POLICY Policy No. Page 8-21 1 6 of 6 Policy Title Date; Use of Force, Enforcement Tools July 19, 2022 b. Advised of their charter rights c. Permitted access to a phone to contact legal counsel Motion No. 228/22 Searches Searches will be conducted pursuant to arrest, or with articulable cause. Officers must decide the appropriate type of search to be conducted and follow their Officer safety training while conducting the search. Thorough searches are required to maintain the safety of the Officer conducting the arrest, as well as other Officers that may encounter the prisoner. Prisoners should be searched by an Officer of the same sex if this is possible. a - w4 U4 Jerry Wittstock, Reeve Approved: April 11, 2017 Amended: May 22, 2018 Amended: July 19, 2022 228/22 Review Date: July 19, 2026 41L Mike Haugen, CAO