Common use of Electronic Control Weapons Clause in Contracts

Electronic Control Weapons. 24. ECWs shall not be discharged solely as a compliance technique or to overcome passive resistance. Officers may use ECWs only when such force is necessary to protect the officer or any other individual from physical harm and after considering less intrusive means based on the threat or resistance encountered. Officers are authorized to use ECWs to control an actively resistant individual when attempts to subdue the individual by other tactics have been, or will likely be, ineffective and there is a reasonable expectation that it will be unsafe for officers to approach the individual within contact range. 25. Unless doing so would place any individual at risk, officers shall issue a verbal warning to the individual that the ECW will be used prior to discharging an ECW on the individual. Where feasible, the officer will defer ECW discharge for a reasonable time to allow the individual to comply with the warning. 26. ECWs will not be used where such deployment poses a substantial risk of serious physical injury or death from situational hazards, except where lethal force would be permitted. Situational hazards include falling from an elevated position, drowning, losing control of a moving motor vehicle or bicycle, or the known presence of an explosive or flammable material or substance. 27. Continuous cycling of ECWs is permitted only under exceptional circumstances where it is necessary to handcuff an individual under power. Officers shall be trained to attempt hands-on control tactics during ECW discharges, including handcuffing the individual during ECW discharge (i.e., handcuffing under power). After one standard ECW cycle (5 seconds), the officer shall reevaluate the situation to determine if subsequent cycles are necessary. Officers shall consider that exposure to the ECW for longer than 15 seconds (whether due to multiple discharges or continuous cycling) may increase the risk of death or serious injury. Officers shall also weigh the risks of subsequent or continuous cycles against other force options. Officers shall independently justify each cycle or continuous cycle of five seconds against the individual in Use of Force Reports 28. ECWs shall not be used solely in drive-stun mode as a pain compliance technique. ECWs may 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 individual, so that officers can consider another force option. 29. Officers shall determine the reasonableness of ECW use based upon all circumstances, including the individual’s age, size, physical condition, and the feasibility of lesser force options. ECWs should generally not be used against visibly pregnant women, elderly individuals, young children, or visibly frail individuals. In some cases, other control techniques may be more appropriate as determined by the individual’s threat level to themselves or others. Officers shall be trained on the increased risks that ECWs may present to the above- listed vulnerable populations. 30. Officers shall not intentionally target an individual’s head, neck, or genitalia, except where lethal force would be permitted, or where the officer has reasonable cause to believe there is an imminent risk of serious physical injury. 31. ECWs shall not be used on handcuffed individuals, unless doing so is necessary to prevent them from causing serious physical injury to themselves or others, and if lesser attempts of control have been ineffective. 32. Officers shall keep ECWs in a weak-side holster to reduce the chances of accidentally drawing and/or firing a firearm. 33. Officers issued an ECW shall receive annual ECW certifications, which should consist of physical competency; weapon retention; APD policy, including any policy changes; technology changes; and scenario- and judgment-based training. 34. Officers shall be trained in and follow protocols developed by APD, in conjunction with medical professionals, on their responsibilities following ECW use, including: a) removing ECW probes, including the requirements described in Paragraph 35; b) understanding risks of positional asphyxia, and training officers to use restraint techniques that do not impair the individual’s respiration following an ECW discharge; c) monitoring all individuals on whom an ECW has been discharged while in police custody; and d) informing medical personnel of all individuals who: have been subjected to ECW dischargess, including prolonged discharges (more than 15 seconds); are under the influence of drugs and/or exhibiting symptoms associated with excited delirium; or were kept in prone restraints after ECW use. 35. The City shall ensure that all individuals who have been exposed to ECW discharge shall receive a medical evaluation by emergency medical responders in the field or at a medical facility. Absent exigent circumstances, probes will only be removed from an individual’s skin by medical personnel. 36. Once the scene is secure, officers shall immediately notify their supervisor and the communications command center of all ECW discharges (except for training discharges). 37. APD agrees to develop and implement integrity safeguards on the use of ECWs to ensure compliance with APD policy. APD agrees to implement a protocol for quarterly downloads and audits of all ECWs. APD agrees to conduct random and directed audits of ECW deployment data. The audits should compare the downloaded data to the officer’s Use of Force Reports. Discrepancies within the audit should be addressed and appropriately investigated. 38. [THIS PARAGRAPH INTENTIONALLY LEFT BLANK.]