Common use of Electronic Control Weapons Clause in Contracts

Electronic Control Weapons. 87. EHPD shall limit the use of ECWs to only those situations in which such force is necessary to protect the officer, the subject, or another party from immediate physical harm. 88. Unless it would present a danger to the officer or others, officers shall issue a verbal warning to the subject that the ECW will be used prior to use. Where feasible, the officer will defer ECW application a reasonable time to allow the subject to comply with the warning. 89. ECWs will not be used where such deployment may cause serious injury or death from situational hazards, including falling, drowning, losing control of a moving vehicle, or becoming ignited from the presence of a potentially explosive or flammable material or substance, except where lethal force would be permitted. 90. After one standard ECW cycle (5 seconds), the officer shall reevaluate the situation to determine if subsequent cycles are necessary. Officers shall be trained in the risks of prolonged or repeated ECW exposure, including that exposure to the ECW for longer than 15 seconds (whether due to multiple applications or continuous cycling) may increase the risk of death or serious injury. Officers shall clearly articulate and justify each and every cycle used against a subject in a written Use of Force Report. 91. ECWs shall not be used in drive stun mode as a pain compliance technique. ECWs shall be used in drive stun mode only to supplement the probe mode to complete the incapacitation circuit, or as a countermeasure to gain separation between officers and the subject so that officers can consider another force option. 92. ECWs may not be used against pregnant women, elderly persons, children, visibly frail persons or persons with a slight build and persons in medical or mental crisis, except where lethal force would be permitted, or the officer has reasonable cause to believe there is an imminent risk of serious bodily self-harm and lesser force options are not feasible. Officers shall be trained in the increased risks ECWs may present to the above listed vulnerable populations. 93. ECWs may not be applied to a subject’s head, neck, and genitalia, absent exigent circumstances. ECWs shall not be used on handcuffed persons, except in emergencies in which a reasonable officer would believe that serious bodily harm to another person or persons is imminent. 94. Officers shall receive annual ECW certifications, which should consist of physical competency; weapon retention; EHPD policy, including any policy changes; technology changes; and scenario-based training. 95. Officers shall be trained in and follow protocols developed by EHPD in conjunction with medical professionals, on their responsibilities following ECW use, including: (a) the removal of ECW probes, including requiring medical or specially-trained EHPD personnel to remove probes that are embedded in a subject’s skin, except for probes that are embedded in a subject’s head, throat, groin, or other sensitive area, which should be removed by medical personnel only; (b) transporting to a hospital for evaluation all subjects who: have been exposed to prolonged application (more than 15 seconds); are a member of one of the vulnerable populations listed above; had an ECW used against them in circumstances presenting a heightened risk of harm; or were kept in prone restraint after ECW use; and (c) monitoring all subjects who have received ECW application while in police custody. 96. Officers shall report all ECW discharges, except for training discharges, to their supervisor and the communications command center as soon as possible. 97. EHPD shall develop and implement integrity safeguards on the use of ECWs to ensure compliance with EHPD policy, including conducting random and directed audits of ECW deployment data. The audits should compare the downloaded data to the officer’s report on use of force. Discrepancies within the audit should be addressed and appropriately investigated. 98. EHPD shall include the number of ECWs in operation and the number of ECW uses as elements of the EIS. Analysis of this data shall include a determination of whether ECWs result in an increase in the use of force and whether officer and subject injuries are affected by the rate of ECW use. ECW data and analysis shall be included in EHPD's Use of Force Annual Report.