Annual Use of Force, 2022

City of Chandler — Regular Meeting (2023-07-11)

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Chandler Police Department
PSS Memo No. 23-002

Date: January 26, 2023
To: Sean Duggan, Chief of Police
Thru: Melissa Deanda, Assistant Chief

Robert Dykstra, PSS Lieutenant
Nicole Vasey, PSS Sergeant

From: George Arias, PSS Detective
Subject: Annual Use of Force Review, 2022
Procedure

e Please sign below acknowledging your review of the report.

e Forward through the chain of command and return to the Professional Standards
Section.

Signature Date

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PSS Sergeant

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PSS Lieutenant
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Assistant Chief

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Chief of Police

Background

The Chandler Police Department recognizes the current Arizona statutory law dictating that
“no unnecessary or unreasonable force shall be used in making an arrest, and the person
arrested shall not be subjected to any greater restraint than necessary for his detention.”"
The Chandler Police Department stipulates that officers must adhere to their training
unless the situation justifies a deviation from that training.”

The Chandler Police Department began to utilize the Use of Force Review Board in 2008 to
ensure the proper documentation of all applications of force, evaluate those applications
for adherence to established policy, and determine any additional training needs.? The
board meets monthly to evaluate the prior month's incidents, and quarterly reviews are
prepared in order to share information and findings with the Citizen Review Panel.

This annual analysis contains use of force statistics for the year 2022 in order to identify
prevalent trends or deficiencies per the current CALEA standard.‘ In addition to an internal
comparative analysis, this report will also illustrate training issues that emerged
throughout the year, as well as injuries sustained by personnel and suspects.

2022 Overview

Historically, the number of arrests reported was taken from the Uniform Crime Report
(UCR) which only reflects arrests made by Chandler Officers within the city limits and does
not include traffic related arrests. Beginning in 2015, the arrest numbers are a
combination of UCR, out of city arrests, and traffic-related arrests reflecting all arrests
performed by our officers. Table 7 illustrates an overview comparison of 2021 and 2022
arrests, Use of Force occurrences, and suspect impairment or mental status when force
was used.

Table 1

Total Arrests 7637 8263 8%
Reportable Use of Force 83 70 -16%
Arrests involving use of force 1.1% 8% -27%

Emotionally Disturbed or

-189
Impaired Suspect 60 49 18%

! ARS § 13-3881.B

2 CPD G.O. E-01.200.B.3
3CPDG.O. E-01.400.E.1
4 CALEA 1.3.13

In 2022, Chandler Police Officers conducted 8263 combined adult and juvenile arrests.
With reportable use of force incidents amounting to 70, officers were prompted to utilize
some type of force to gain compliance or effect an arrest approximately .8% of the time.

An analysis between 2021 and 2022 arrests found an increase of 8% in the number of
arrests and a decrease of 16% in total uses of force occurrences.

Comparing 2021 to 2022, the Chandler Police Department experienced a decrease of 18%
use of force deployments on suspects who were found to be emotionally disturbed, under
the influence of alcohol or drugs, or a combination of both.

All 70 reportable use of force incidents were reviewed by the Use of Force Board, with 68 of
the incidents found to be within policy and justifiable. 2 use of force incidents were
referred to Internal Affairs for review.

The Use of Force Board identified 12 incidents to have training issues or concerns (see
Training Issues).

Use of Force Definitions

The Chandler Police Department conducts annual reviews and/or revisions of General
Order E-1.200, The most recent revision was effective December 15", 2022. It lists different
types of use of force levels an officer can employ. These levels are classified as Low,
Intermediate, and Deadly.

Low Level Force
e Officer Presence
e Verbal Direction
« Empty hand control
o “Soft” control techniques: Standard handcuffing, wrist lock, touch
pressure points
o “Hard” control techniques: Using the hands, knees, or feet directed at
pressure points, or using takedown techniques

Intermediate Level Force
* Oleoresin Capsicum (OC) spray
* Ortho Chlorobenzalmalononitrile (CS) gas
e Impact weapons
* Conducted Electrical Weapon (CEW) (Taser)
* Less Lethal Munition (37 mm & 40 mm Sage munitions, pepper balls, batons)
e Hard Empty Hands .
e Primary Strikes
o Impact push, palm-heel/Linear fist strikes
* Secondary Strikes
o Hammer fists, elbow strikes, Knee strikes, kicks, Head and knee strikes
(Active aggression/aggravated aggression must be present)

3

e Head and neck strikes

o Prohibited absent of active aggression / aggravated active aggression
e Police Service Dog (K9)
e Bilateral vascular restraint

Deadly Force®
e Force used to stop a threat capable of causing death or serious physical
injury.

When an officer decides to use force during an incident, the officer must first consider
Graham v. Connor’ factors.

a) Severity of the crime at issue

b) Whether the suspect poses an immediate threat to officers or others

c) Whether he is actively resisting arrest or attempting to evade arrest by
flight

d) Influence of drugs/alcohol or the mental capacity of the subject

e) Recognize if the person is in crisis

f) Time available to an officer to make a decision

g) Availability of additional officers/resources to de-escalate the situation

h) Proximity of access of weapons to the subject

i) Environmental factors and/or other exigent circumstances

) Availability and practicality of lesser means of force

k) Ability to give verbal warning prior to use of intermediate or deadly
force

In addition to these mandatory considerations, the officer should also consider secondary
factors such as availability of resources, environmental factors, and training.

A major factor in determining whether force is necessary depends on the behavior of the
suspect. The suspect could decide to be compliant or resistant. The levels of resistance are
classified into five different levels per Chandler Police Department General Order E-01,200.

Compliant

e Aperson contacted by an officer who acknowledges direction or lawful
orders given and offers no resistance or aggression.

* Deadly Force incidents are not reviewed by the Use of Force Board. They are investigated by Professional
Standards Internal Affairs (PSS IA) and the findings are presented to the Shooting Review Board.

© Graham v. Connor, 490 U.S. 386 (1989) - Case delineates an officer’s considerations for force, i.e. severity of the
crime, immediate threat to officers or others, actively resisting arrest or attempting to evade arrest by flight. [refer
to G.O. E-01.200.A.2 Appendix G]

Passive Resistance

e The subject is not complying with an officer's commands, is uncooperative,
but is taking only minimal physical action (action not directed at officer) to
prevent an officer from placing the subject in custody and taking control.

Defensive Resistance

e The subject's verbal or physical actions are intended to prevent an officer
from placing the subject in custody and taking control but are not directed at
harming the officer.

Active Aggression

e The subject displays the intent to harm the officer, themselves, or another
person and prevent an officer from placing the subject in custody and taking
control.

Aggravated Active Aggression

e The subject's actions are likely to result in the death or serious bodily harm to
the officer, themselves, or another.

2022 Use of Force Applications

In 2022, there were a total of 166 reported applications of low and intermediate use of force
that were documented in 70 incidents. This means that more than one use of force technique
or tool occurred in some incidents. Also, in one incident there were two individuals where
force was used, for a total of 71 individuals whose apprehension required the use of force.

Per General Order E-01.400, not all applications of force are required to be reported.
Intermediate applications or attempted applications must always be reported. Low level
applications must be reported only when they result in injury or complaint of injury. Medical
attention must be offered when there is injury or complaint of injury. Table 2 shows the
breakdown of low level and intermediate use of force for 2022.

Table 2
Low Level Force 39 23%
Intermediate Level Force 127 77%
Total 166

Types of Encounters Resulting in Use of Force

Force was applied most often during domestic violence related calls (25%), followed by

trespassing related calls (12%), and DUI related calls (10%).

Table 3

Time Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | Total
0000-0759 1 0 2 1 4 5 2 15
0800-1559 6 1 5 2 7 1 0 22
1600-2359 4 5 6 3 3 10 2 33

Force was deployed most frequently on Saturday. The time frame in which most uses of
force occurred was between 1600 and 2359 hours.

Policy Violations and Fact-Finding Reviews

In 2022, there were 2 use of force incidents which resulted in an Internal Affairs
investigation. Both use of force incidents were found to be out of policy.

Training Issues

The Use of Force Board reviewed 70 use of force incidents from January to December of
2022. The board addressed 12 incidents which generated training concerns. These
incidents were resolved in an informal setting with personal instruction provided to the
involved officers by the Training Sergeant or the officer's chain of command. The training
issues identified by the Use of Force Board involved improving the use of body worn
cameras, report writing and documentation, proper application of a less lethal device, and
refining the officer's de-escalation techniques.

The Chandler Police Training Sergeant (or designee) participates on the Use of Force Board
in anon-voting capacity. This arrangement allows the Training Sergeant to assist the board
with understanding use of force concepts, techniques, current and past training practices,
and emerging use of force trends.

Injuries

In 2022, 14 officers were injured during use of force incidents. The injuries sustained by
officers were generally minor in nature, consisting of sprains, abrasions, cuts, or bruising.
Most of the officers’ injuries were the result of body-to-body contact, takedown techniques,
struggling to handcuff suspects, or from direct assaults on the officers themselves.

In 2022, 63 suspects sustained injury or alleged an injury in 70 use of force incidents. Most
injuries were minor in nature and consisted of lacerations, abrasions, contusions, and
Conducted Electronic Weapon (CEW) puncture markings.

Medical attention was provided to those injured because of a use of force incident when
mandated by general orders or requested by the suspect. Medical treatment was provided
on scene by health and medical personnel (Paramedics) and/or at the hospital.

In 2022, as in previous years, officers received specific training to hone their teamwork and
decision-making process between officers during use of force incidents. This continuing
training is designed to encourage officers to communicate and work together during a use
of force incident to lessen potential officer and suspect injury.

Use of Force Demographics by Suspect Race/Gender/Age

Table 4
20 White Male 19-52 37 28%
21 Hispanic Male 16-47 29 30%
1 minicar Male 15-48 31 15%
American
8 Pais Male 20-28 26 12%
American
1 Asian Male 46 46 1%
8 White Female 23-41 30 12%
1 Hispanic Female 60 60 1%
1 African Female ~ 50 50 1%
American

In Table 4, all 71 use of force incidents involving suspects (to include two suspects in one
incident) were separated by race and gender. The results indicated 39% of all use of force
incidents involved White suspects, 31% Hispanic suspects, 17% African American suspects,
11% Native American suspects, and 1% Asian suspects. The data also showed males were
involved in 86% of all use of force incidents, and females were involved in 14%. Included
are the age ranges of each group along with an average suspect age.

Interpretation of Data
Conducted Electronic Weapons (CEW)

There were 22 CEW deployments in 2022.

37 MM / 40 MM Sage Gun Less Lethal
There were 8 Sage Gun deployments in 2022.
Police K9 Deployment

There were no K9 deployments in 2022.
Emotionally Disturbed/Impaired

An analysis found 49 of the 71 subjects involved in use of force incidents were found to be
emotionally disturbed, under the influence of alcohol or drugs, or a combination of both.

Recognizing the importance of interacting with people in crisis, the Chandler Police Training
Unit continues to provide crisis training to all sworn employees on how to recognize and
effectively deal with people in crisis.

As of January of 2023, a total of 104 active Chandler Police Officers have completed Crisis
Intervention Training (CIT). This is an increase of 4 officers from 2021. Effective 2022
civilians are also able to attend CIT. Two dispatchers attended the training in 2022. A total
of 106 sworn and civilian employees have attended and completed CIT.

CIT trained officers and dispatchers are assigned to various shifts and are available to
respond to incidents involving people in crisis. The department is committed to expanding
the program by continuing to train additional personnel in the future, to include CIT
trainings scheduled for 2023.

Conclusion

The Use of Force analysis revealed a decrease of 13 reportable applications of force from
2021 to 2022. Overall, the use of force incidents did not result in an abundance of training
concerns, external complaints, or unjustifiable actions. This illustrates that the use of force
policy, defensive tactics training, board reviews, and overall departmental philosophy are
aligned with established case law, statutory regulations, and the principles of community-
oriented policing.

The 2022 Advanced Officer Training courses focused on improving decision making during
stressful situations, improvement of de-escalation techniques, and role-playing scenarios.
The 2022 training cycle included mandatory review of Graham v. Connor mandates for use
of force, current legal trends to consider when using force, and mandatory review of all
intermediate level use of force methods, The legal trends include discussion of recent
State, Federal Circuit Court, and US Supreme Court decisions, which affect police use of
force.

Improved decision-making training and CIT personnel have been credited with resolving
crisis situations and mental health pickups on patrol. Current procedure focuses on
providing a CIT officer on any mental health pickup or crisis related situations when
available. These officers have attended and successfully completed a 40-hour training
course dealing with people in crisis. Their primary responsibility is to engage verbally with
the subject in crisis and attempt to resolve the issue on peaceful terms. During this time,
officers or supervisors use additional resources such as additional officers, K-9 officers, and
fire and medical personnel to assist. They gather additional information from previous
contacts or reports, family members, and witnesses. This information is provided to the CIT
officer as intelligence to help peacefully resolve the situation. These best practices allow
patrol officers and supervisors the opportunity to contain the situation and allow for a
verbal de-escalation and resolution,

There were four CIT certification courses during the 2022 calendar year. The Chandler
Police Department has taken initiatives to continue CIT training in the 2023 calendar year,
with the first group of officers attending training in the first quarter of 2023.

In 2022, the Chandler Police Department took steps to develop and is in the process of
implementing a Mental Health Unit which will be staffed by a sergeant and officers. This
unit will be comprised of specially trained and equipped officers committed to safety,
understanding, and compassion when working with persons experiencing mental health,
behavioral health, and substance abuse crises.

Emphasis continues to be placed on increasing the deployment and activation of body
worn cameras. As of March 2021, every sworn Chandler Police Officer has been assigned a
body worn camera. The body worn camera policy mandates that officers activate their
body worn cameras immediately after being dispatched to a call for service.

The Use of Force policy is reviewed annually by the Training Sergeant and the Legal Unit to
ensure it is current with the law and best practices.

Finally, the department's implementation of the Use of Force Review Board has continued
to provide department members with a fair examination of each incident and their
decision to apply force. It has been instrumental in identifying training needs and
addressing these needs either individually or department wide. The trends relative to use
of force application and documentation are observed, targeted, and addressed by Use of
Force Board members as well as members of the Citizens’ Panel for Review of Police
Complaints and Use of Force, who are members of the community that are dedicated to
the Chandler Police Department's progress and improvement.