RELEASE_20250424_T160527_Benicia PD Policy Manual.pdf

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Benicia Police Department Benicia PD Policy Manual

LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement.

MISSION, VISION AND VALUES Department Mission With honor and integrity at all times, in partnership with our community, we are dedicated to keeping Benicia safe and enhancing the quality of life in our city. Department Vision To be the greatest police agency in the world; an agency of limitless opportunity firmly rooted in deep connections with the community. Department Values and Guiding Principles • Leadership • Safety • Professionalism • Integrity • Community

CHIEF OF POLICE PREFACE CHIEF OF POLICE PREFACE The Policy Manual of the Benicia Police Department provides guidance and the frame work for the delivery of services and conduct for all Department members. These policies reflect current case law, best practices consistent with our industry standards and provide a high professional standard influenced by a variety of subject matter experts. Although it is not possible to anticipate every situation employees will face, there may be times where you must use your best judgment that is consistent with our Law Enforcement Code of Ethics, the values of the City of Benicia and the Benicia Police Department. Law Enforcement is an honorable, complex and demanding profession that is continuously changing. Our policies will be reviewed on an ongoing basis with a minimum of annual updates and revisions to ensure and provide continued best practices, current legal updates and contemporary methods of delivering excellent public safety services. Chief of Police Mark Menesini

Table of Contents

LAW ENFORCEMENT CODE OF ETHICS. . . . . . . . . . . . . . . . 1

MISSION, VISION AND VALUES. . . . . . . . . . . . . . . . . . . 2

Chief of Police Preface. . . . . . . . . . . . . . . . . . . . . . 3

Chapter 1 - Law Enforcement Role and Authority. . . . . . . . . . . . . 9 100 - Law Enforcement Authority. . . . . . . . . . . . . . . . . . 10 102 - Chief Executive Officer. . . . . . . . . . . . . . . . . . . . 13 104 - Oath of Office. . . . . . . . . . . . . . . . . . . . . . . 14 106 - Policy Manual. . . . . . . . . . . . . . . . . . . . . . . 15 107 - Law Enforcement Code of Ethics. . . . . . . . . . . . . . . . 18

Chapter 2 - Organization and Administration. . . . . . . . . . . . . . 19 200 - Organizational Structure and Responsibility. . . . . . . . . . . . . 20 204 - General Order. . . . . . . . . . . . . . . . . . . . . . 22 206 - Emergency Management Plan. . . . . . . . . . . . . . . . . 23 208 - Training. . . . . . . . . . . . . . . . . . . . . . . . . 24 212 - Electronic Mail. . . . . . . . . . . . . . . . . . . . . . 27 214 - Administrative Communications. . . . . . . . . . . . . . . . . 29 216 - Staffing Levels. . . . . . . . . . . . . . . . . . . . . . 30 218 - License to Carry a Firearm. . . . . . . . . . . . . . . . . . 31 220 - Retiree Concealed Firearms. . . . . . . . . . . . . . . . . . 38 221 - Donation Policy. . . . . . . . . . . . . . . . . . . . . . 43

Chapter 3 - General Operations. . . . . . . . . . . . . . . . . . . 45 300 - Use of Force. . . . . . . . . . . . . . . . . . . . . . . 46 302 - Deadly Force Review. . . . . . . . . . . . . . . . . . . . 56 306 - Handcuffing and Restraints. . . . . . . . . . . . . . . . . . 59 308 - Control Devices and Techniques. . . . . . . . . . . . . . . . 63 309 - Conducted Energy Device. . . . . . . . . . . . . . . . . . . 68 310 - Officer-Involved Shootings and Deaths. . . . . . . . . . . . . . . 74 312 - Firearms. . . . . . . . . . . . . . . . . . . . . . . . 83 313 - Firearm Security in Vehicles. . . . . . . . . . . . . . . . . . 97 316 - Officer Response to Calls. . . . . . . . . . . . . . . . . . . 98 318 - Canines. . . . . . . . . . . . . . . . . . . . . . . . 101 319 - Therapy Canine Policy. . . . . . . . . . . . . . . . . . . 111 320 - Domestic Violence. . . . . . . . . . . . . . . . . . . . . 117 322 - Search and Seizure. . . . . . . . . . . . . . . . . . . . 124 324 - Temporary Custody of Juveniles. . . . . . . . . . . . . . . . 126 326 - Senior and Disability Victimization. . . . . . . . . . . . . . . . 138 328 - Discriminatory Harassment. . . . . . . . . . . . . . . . . . 153 330 - Child Abuse. . . . . . . . . . . . . . . . . . . . . . . 159 332 - Missing Persons. . . . . . . . . . . . . . . . . . . . . 167

334 - Public Alerts. . . . . . . . . . . . . . . . . . . . . . . 336 - Victim and Witness Assistance. . . . . . . . . . . . . . . . . 338 - Hate Crimes. . . . . . . . . . . . . . . . . . . . . . . 340 - Standards of Conduct. . . . . . . . . . . . . . . . . . . . 342 - Information Technology Use. . . . . . . . . . . . . . . . . . 344 - Report Preparation. . . . . . . . . . . . . . . . . . . . . 346 - Media Relations. . . . . . . . . . . . . . . . . . . . . 348 - Subpoenas and Court Appearances. . . . . . . . . . . . . . . 352 - Outside Agency Assistance. . . . . . . . . . . . . . . . . . 356 - Registered Offender Information. . . . . . . . . . . . . . . . 358 - Major Incident Notification. . . . . . . . . . . . . . . . . . 360 - Death Investigation. . . . . . . . . . . . . . . . . . . . 362 - Identity Theft. . . . . . . . . . . . . . . . . . . . . . 364 - Private Persons Arrests. . . . . . . . . . . . . . . . . . . 368 - Limited English Proficiency Services. . . . . . . . . . . . . . . 372 - Mandatory Employer Notification. . . . . . . . . . . . . . . . 374 - Biological Samples. . . . . . . . . . . . . . . . . . . . . 376 - Chaplains. . . . . . . . . . . . . . . . . . . . . . . . 378 - Public Safety Video Surveillance System. . . . . . . . . . . . . 385 - Volunteer Program. . . . . . . . . . . . . . . . . . . . . 387 - Off-Duty Law Enforcement Actions. . . . . . . . . . . . . . . 390 - [Department/Office] Use of Social Media. . . . . . . . . . . . . . 391 - Reserve Officers. . . . . . . . . . . . . . . . . . . . . 392 - Native American Graves Protection and Repatriation. . . . . . . . . . 393 - Gun Violence Restraining Orders. . . . . . . . . . . . . . . . 394 - Community Relations. . . . . . . . . . . . . . . . . . . . 395 - Vehicle Pursuits. . . . . . . . . . . . . . . . . . . . . 396 - ADA Compliance. . . . . . . . . . . . . . . . . . . . . 173 180 183 194 201 205 210 214 217 219 222 224 228 229 231 239 241 244 251 255 260 262 265 273 275 281 286 299

Chapter 4 - Patrol Operations. . . . . . . . . . . . . . . . . . . 308 400 - Patrol Function. . . . . . . . . . . . . . . . . . . . . . 309 401 - Bicycle Patrol Program. . . . . . . . . . . . . . . . . . . 311 402 - Bias-Based Policing. . . . . . . . . . . . . . . . . . . . 312 404 - Briefing Training. . . . . . . . . . . . . . . . . . . . . 316 406 - Crime and Disaster Scene Integrity. . . . . . . . . . . . . . . 317 408 - Crisis Response Unit. . . . . . . . . . . . . . . . . . . . 319 410 - Ride-Along Policy. . . . . . . . . . . . . . . . . . . . . 330 412 - Hazardous Material Response. . . . . . . . . . . . . . . . . 333 414 - Hostage and Barricade Incidents. . . . . . . . . . . . . . . . 335 416 - Response to Bomb Calls. . . . . . . . . . . . . . . . . . . 340 418 - Mental Illness Commitments. . . . . . . . . . . . . . . . . 345 420 - Cite and Release Policy. . . . . . . . . . . . . . . . . . . 349 422 - Foreign Diplomatic and Consular Representatives. . . . . . . . . . . 353 424 - Rapid Response and Deployment. . . . . . . . . . . . . . . . 357 428 - Immigration Violations. . . . . . . . . . . . . . . . . . . . 360 430 - Emergency Utility Service. . . . . . . . . . . . . . . . . . 366 433 - Aircraft Accidents. . . . . . . . . . . . . . . . . . . . . 367

435 - Field Training Officer Program. . . . . . . . . . . . . . . . . 371 437 - Obtaining Air Support. . . . . . . . . . . . . . . . . . . . 374 439 - Contacts and Temporary Detentions. . . . . . . . . . . . . . . 375 441 - Criminal Organizations. . . . . . . . . . . . . . . . . . . 379 443 - Supervisory Officers. . . . . . . . . . . . . . . . . . . . 384 445 - Mobile Audio/Video. . . . . . . . . . . . . . . . . . . . 385 447 - Mobile Digital Terminal Use. . . . . . . . . . . . . . . . . . 392 449 - Portable Audio/Video Recorders. . . . . . . . . . . . . . . . 395 451 - Medical Marijuana. . . . . . . . . . . . . . . . . . . . . 403 453 - Bicycle Patrol Unit. . . . . . . . . . . . . . . . . . . . . 408 457 - Foot Pursuits. . . . . . . . . . . . . . . . . . . . . . 411 463 - Homeless Persons. . . . . . . . . . . . . . . . . . . . . 416 464 - Public Recording of Law Enforcement Activity. . . . . . . . . . . . 419 465 - Crisis Intervention Incidents. . . . . . . . . . . . . . . . . . 422 466 - Suspicious Activity Reporting. . . . . . . . . . . . . . . . . 427 467 - First Amendment Assemblies. . . . . . . . . . . . . . . . . 429 468 - Civil Disputes. . . . . . . . . . . . . . . . . . . . . . 437 469 - Medical Aid and Response. . . . . . . . . . . . . . . . . . 439 470 - Automated License Plate Readers (ALPRs). . . . . . . . . . . . . 444

Chapter 5 - Traffic Operations. . . . . . . . . . . . . . . . . . . 447 500 - Traffic Function and Responsibility. . . . . . . . . . . . . . . 448 501 - Traffic Motorcycle Units. . . . . . . . . . . . . . . . . . . 451 502 - Traffic Collision Reporting. . . . . . . . . . . . . . . . . . 454 510 - Vehicle Towing and Release. . . . . . . . . . . . . . . . . 456 512 - Vehicle Impound Hearings. . . . . . . . . . . . . . . . . . 462 514 - Impaired Driving. . . . . . . . . . . . . . . . . . . . . 464 516 - Traffic Citations. . . . . . . . . . . . . . . . . . . . . . 470 520 - Disabled Vehicles. . . . . . . . . . . . . . . . . . . . . 473 524 - 72-Hour Parking Violations. . . . . . . . . . . . . . . . . . 474

Chapter 6 - Investigation Operations. . . . . . . . . . . . . . . . . 476 600 - Investigation and Prosecution. . . . . . . . . . . . . . . . . 477 602 - Sexual Assault Investigations. . . . . . . . . . . . . . . . . 484 606 - Asset Forfeiture. . . . . . . . . . . . . . . . . . . . . . 490 608 - Informants. . . . . . . . . . . . . . . . . . . . . . . 497 610 - Eyewitness Identification. . . . . . . . . . . . . . . . . . . 502 612 - Brady Material Disclosure. . . . . . . . . . . . . . . . . . 506 613 - Warrant Service. . . . . . . . . . . . . . . . . . . . . 508 614 - Operations Planning and Deconfliction. . . . . . . . . . . . . . 512

Chapter 7 - Equipment. . . . . . . . . . . . . . . . . . . . . . 518 700 - Department Owned and Personal Property. . . . . . . . . . . . . 519 702 - Personal Communication Devices. . . . . . . . . . . . . . . . 521 704 - Vehicle Maintenance. . . . . . . . . . . . . . . . . . . . 525 706 - Vehicle Use. . . . . . . . . . . . . . . . . . . . . . . 527 707 - Cash Handling, Security and Management. . . . . . . . . . . . . 535

708 - Personal Protective Equipment. . . . . . . . . . . . . . . . . 537 709 - Military Equipment. . . . . . . . . . . . . . . . . . . . . 542

Chapter 8 - Support Services. . . . . . . . . . . . . . . . . . . 553 800 - Crime Analysis. . . . . . . . . . . . . . . . . . . . . . 554 802 - Dispatch. . . . . . . . . . . . . . . . . . . . . . . . 555 803 - E911. . . . . . . . . . . . . . . . . . . . . . . . . 560 804 - Evidence Room. . . . . . . . . . . . . . . . . . . . . . 564 806 - Records Section. . . . . . . . . . . . . . . . . . . . . 574 808 - Restoration of Firearm Serial Numbers. . . . . . . . . . . . . . 576 810 - Records Maintenance and Release. . . . . . . . . . . . . . . 578 812 - Protected Information. . . . . . . . . . . . . . . . . . . . 588 814 - Computers and Digital Evidence. . . . . . . . . . . . . . . . 594 820 - Animal Control. . . . . . . . . . . . . . . . . . . . . . 598

Chapter 9 - Custody. . . . . . . . . . . . . . . . . . . . . . 602 900 - Temporary Custody of Adults. . . . . . . . . . . . . . . . . 603 902 - Custodial Searches. . . . . . . . . . . . . . . . . . . . 618 904 - Prison Rape Elimination. . . . . . . . . . . . . . . . . . . 624

Chapter 10 - Personnel. . . . . . . . . . . . . . . . . . . . . 634 1000 - Recruitment and Selection. . . . . . . . . . . . . . . . . . 635 1002 - Evaluation of Employees. . . . . . . . . . . . . . . . . . 642 1003 - Performance Review For Probationary Employees. . . . . . . . . . 645 1004 - Special Assignments and Promotions. . . . . . . . . . . . . . 648 1006 - Grievance Procedure. . . . . . . . . . . . . . . . . . . 650 1008 - Anti-Retaliation. . . . . . . . . . . . . . . . . . . . . 652 1010 - Reporting of Arrests, Convictions, and Court Orders. . . . . . . . . 656 1011 - Peer Support Program. . . . . . . . . . . . . . . . . . . 658 1012 - Drug- and Alcohol-Free Workplace. . . . . . . . . . . . . . . 663 1014 - Sick Leave. . . . . . . . . . . . . . . . . . . . . . . 666 1016 - Communicable Diseases. . . . . . . . . . . . . . . . . . 668 1018 - Smoking and Tobacco Use. . . . . . . . . . . . . . . . . 673 1020 - Personnel Complaints. . . . . . . . . . . . . . . . . . . 674 1022 - Seat Belts. . . . . . . . . . . . . . . . . . . . . . . 686 1023 - Mentoring Program. . . . . . . . . . . . . . . . . . . . 688 1024 - Body Armor. . . . . . . . . . . . . . . . . . . . . . 690 1026 - Personnel Records. . . . . . . . . . . . . . . . . . . . 692 1028 - Request for Change of Assignment. . . . . . . . . . . . . . . 701 1030 - Commendations and Awards. . . . . . . . . . . . . . . . . 702 1032 - Fitness for Duty. . . . . . . . . . . . . . . . . . . . . 707 1033 - PHYSICAL FITNESS PROGRAM. . . . . . . . . . . . . . . 710 1034 - Meal Periods and Breaks. . . . . . . . . . . . . . . . . . 713 1035 - Lactation Break Policy. . . . . . . . . . . . . . . . . . . 714 1036 - Payroll Records. . . . . . . . . . . . . . . . . . . . . 716 1038 - Overtime Compensation Requests. . . . . . . . . . . . . . . 717 1039 - Quiet Room. . . . . . . . . . . . . . . . . . . . . . 719

1040 - Outside Employment. . . . . . . . . . . . . . . . . . . . 721 1042 - Occupational Disease and Work-Related Injury Reporting. . . . . . . . 726 1044 - Personal Appearance Standards. . . . . . . . . . . . . . . . 728 1046 - Uniform Regulations. . . . . . . . . . . . . . . . . . . . 731 1048 - Police Cadets. . . . . . . . . . . . . . . . . . . . . . 740 1050 - Nepotism and Conflicting Relationships. . . . . . . . . . . . . . 742 1052 - Department Badges. . . . . . . . . . . . . . . . . . . . 745 1054 - Temporary Modified-Duty Assignments. . . . . . . . . . . . . . 747 1058 - Employee Speech, Expression and Social Networking. . . . . . . . . 751 1059 - Illness and Injury Prevention. . . . . . . . . . . . . . . . . 755 1060 - Line-of-Duty Deaths. . . . . . . . . . . . . . . . . . . . 761 1061 - Wellness Program. . . . . . . . . . . . . . . . . . . . 773

Attachments. . . . . . . . . . . . . . . . . . . . . . . . . 778 Supplemental Hate Crime Report.pdf. . . . . . . . . . . . . . . . . 779 Statutes and Legal Requirements.pdf. . . . . . . . . . . . . . . . 780 Hate Crime Checklist.pdf. . . . . . . . . . . . . . . . . . . . 781 Supplemental Hate Crime Report-Agency.pdf. . . . . . . . . . . . . . 782

    Chapter 1 - Law Enforcement Role and Authority

Copyright Lexipol, LLC 2025/04/24, All Rights Reserved. Law Enforcement Role and Authority - 9 Published with permission by Benicia Police Department Policy Benicia Police Department 100 Benicia PD Policy Manual

Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Benicia Police Department to perform their functions based on established legal authority.

100.2 PEACE OFFICER POWERS Sworn members of this [department/office] are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.).

100.2.1 DELIVERY TO NEAREST MAGISTRATE When an officer makes an arrest pursuant to a warrant with bail set, and the warrant was issued in a county other than where the person was arrested, the officer shall inform the person in writing of the right to be taken before a magistrate in the county where the arrest occurred (Penal Code § 821; Penal Code § 822).

100.2.2 JURISDICTION While this department recognizes the statutory power of peace officers to make arrests throughout the state, officers are encouraged to use sound discretion in the enforcement of the law. On-duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed with the City or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should, when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest.

100.2.3 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE BENICIA POLICE DEPARTMENT The arrest authority outside the jurisdiction of the Benicia Police Department includes (Penal Code § 830.1; Penal Code § 836): (a) When the officer has probable cause to believe the person committed a felony. (b) When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to person or property or of escape. (c) When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized even if not committed in the presence of the officer such as certain domestic violence offenses and there is immediate danger to person or property or of escape or the arrest is mandated by statute. (d) When authorized by a cross jurisdictional agreement with the jurisdiction in which the arrest is made. (e) In compliance with an arrest warrant.

Law Enforcement Authority

On-duty arrests will not generally be made outside the jurisdiction of this [department/office] except in cases of hot or fresh pursuit, while following up on crimes committed within the City, or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest.

100.2.4 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE BENICIA POLICE DEPARTMENT The arrest authority within the jurisdiction of the Benicia Police Department includes (Penal Code § 830.1; Penal Code § 836): (a) When the officer has probable cause to believe the person has committed a felony, whether or not committed in the presence of the officer. (b) When the officer has probable cause to believe the person has committed a misdemeanor in this jurisdiction and in the presence of the officer. (c) When the officer has probable cause to believe the person has committed a public offense outside this jurisdiction, in the presence of the officer and the officer reasonably believes there is an immediate danger to person or property, or of escape. (d) When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized or required by statute even though the offense has not been committed in the presence of the officer such as certain domestic violence offenses. (e) In compliance with an arrest warrant.

100.2.5 TIME OF MISDEMEANOR ARRESTS Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day and 6:00 a.m. of the next day unless (Penal Code § 840): (a) The arrest is made without a warrant pursuant to Penal Code § 836 which includes: 1. A misdemeanor committed in the presence of the officer. 2. Misdemeanor domestic violence offenses (See the Domestic Violence Policy). (b) The arrest is made in a public place. (c) The arrest is made with the person in custody pursuant to another lawful arrest. (d) The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night.

100.2.6 OREGON AUTHORITY Sworn members of this [department/office] who enter the state of Oregon in order to provide or attempt to provide law enforcement assistance have Oregon peace officer authority within 50 miles from the California-Oregon border (ORS 133.405). Such authority shall only apply when officers are acting:

Law Enforcement Authority

     (a)      In response to a request for law enforcement assistance initiated by an Oregon sheriff,
              constable, marshal, municipal police officer or member of the Oregon State Police.
     (b)      In response to a reasonable belief that emergency law enforcement assistance is
              necessary to preserve life, and circumstances make it impractical for Oregon law
              enforcement officials to formally request assistance.
     (c)      For the purpose of assisting Oregon law enforcement officials with emergency
              assistance in response to criminal activity, traffic accidents, emergency incidents
              or other similar public safety situations, regardless of whether an Oregon law
              enforcement official is present at the scene of the incident.

Benicia Police Department officers have no authority to enforce Oregon traffic or motor vehicle laws. Whenever practicable, officers should seek permission from a [department/office] supervisor before entering Oregon to provide law enforcement services. As soon as practicable, officers exercising law enforcement authority in Oregon shall submit any appropriate written reports concerning the incident to the Oregon agency having primary jurisdiction over the area in which the incident occurred.

100.3 CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person’s clearly established rights under the United States and California Constitutions.

100.4 POLICY It is the policy of the Benicia Police Department to limit its members to only exercise the authority granted to them by law. While this [department/office] recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This [department/office] does not tolerate the abuse of law enforcement authority.

100.5 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: (a) As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. (b) When an officer enters an adjoining state in close or fresh pursuit of a person believed to have committed a felony (ARS § 13-3832; NRS 171.158; ORS 133.430). The person arrested out of state must be taken without unnecessary delay before a magistrate of the county in which the arrest was made (ARS § 13-3833; NRS 171.158; ORS 133.440).

100.6 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions.

Copyright Lexipol, LLC 2025/04/24, All Rights Reserved. Law Enforcement Authority - 12 Published with permission by Benicia Police Department Policy Benicia Police Department 102 Benicia PD Policy Manual

Chief Executive Officer 102.1 PURPOSE AND SCOPE The California Commission on Peace Officer Standards and Training (POST) has mandated that all sworn officers and dispatchers employed within the State of California shall receive certification by POST within prescribed time periods.

102.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS Any chief executive officer of this department appointed after January 1, 1999, shall, as a condition of continued employment, complete the course of training prescribed by POST and obtain the Basic Certificate by POST within two years of appointment (Penal Code § 832.4).

Copyright Lexipol, LLC 2025/04/24, All Rights Reserved. Chief Executive Officer - 13 Published with permission by Benicia Police Department Policy Benicia Police Department 104 Benicia PD Policy Manual

Oath of Office 104.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members.

104.2 POLICY It is the policy of the Benicia Police Department that, when appropriate, department members affirm the oath of their office as an expression of commitment to the constitutional rights of those served by the Department and the dedication of its members to their duties.

104.3 OATH OF OFFICE All department members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions. All sworn members shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer (Cal. Const. Art. 20, § 3; Government Code § 3102). The oath shall be as follows: “I, (employee name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”

104.4 MAINTENANCE OF RECORDS The oath of office shall be filed as prescribed by law (Government Code § 3105).

Policy Manual 106.1 PURPOSE AND SCOPE The manual of the Benicia Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual.

106.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident.

106.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Benicia Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Benicia Police Department reserves the right to revise any policy content, in whole or in part.

106.3 AUTHORITY The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue General Orders, which shall modify those provisions of the manual to which they pertain. General Orders shall remain in effect until such time as they may be permanently incorporated into the manual.

106.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CCR - California Code of Regulations (Example: 15 CCR 1151). CHP- The California Highway Patrol.

Policy Manual

CFR - Code of Federal Regulations. City - The City of Benicia. Non-sworn - Employees and volunteers who are not sworn peace officers. Department/BPD - The Benicia Police Department. DMV - The Department of Motor Vehicles. Employee - Any person employed by the Department. Juvenile- Any person under the age of 18 years. Manual - The Benicia Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Benicia Police Department, including: • Full- and part-time employees • Sworn peace officers • Reserve, auxiliary officers • Non-sworn employees • Volunteers. Officer - Those employees, regardless of rank, who are sworn peace officers of the Benicia Police Department. On-duty - A member’s status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. POST - The California Commission on Peace Officer Standards and Training. Rank - The title of the classification held by an officer. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term “supervisor” may also include any person (e.g., officer-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation.

Policy Manual

When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member’s off-duty supervisor or an on-call supervisor. USC - United States Code.

106.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and General Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand.

106.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary.

106.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Division Commander will ensure that members under his/her command are aware of any Policy Manual revision. All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Division Commanders, who will consider the recommendations and forward them to the command staff as appropriate.

Law Enforcement Code of Ethics 107.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that all peace officers are aware of their individual responsibilities to maintain their integrity and that of their [department/office] at all times.

107.2 POLICY The Law Enforcement Code of Ethics shall be administered to all peace officer trainees during the Basic Academy course and to all other persons at the time of appointment (11 CCR 1013).

107.3 LAW ENFORCEMENT CODE OF ETHICS AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against abuse or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my [department/office]. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before god to my chosen profession… law enforcement.

107.3.1 OBJECTION TO RELIGIOUS AFFIRMATION Reference to religious affirmation in the Law Enforcement Code of Ethics may be omitted where objected to by the officer.

          Chapter 2 - Organization and Administration

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Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public.

200.2 DIVISIONS The Chief of Police is responsible for administering and managing the Benicia Police Department. There are two divisions in the police Department: • Services Division • Operations Division

200.2.1 SERVICES DIVISION The Services Division is commanded by a Lieutenant, whose primary responsibility is to provide general management direction and control for the Services Division. The Services Division consists of Investigations Bureau, Youth Services Bureau, Family Resource Center, Dispatch, Records, Policy & Training, Volunteers (Coordinator), Special Events, Fleet, Information Technology and Public Information Officer.

200.2.2 OPERATIONS DIVISION The Operations Division is commanded by a Lieutenant, whose primary responsibility is to provide general management direction and control for the Operations Division. The Operations Division consists of Uniformed Patrol, Reserve Officer Program, Traffic, Field Training Program, K-9 Unit, Special Weapons & Tactics (SWAT), Mobile Field Force (MFF) and Animal Control.

200.2.3 .

200.3 COMMAND PROTOCOL

200.3.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During planned absences the Chief of Police will designate a Division Commander to serve as the acting Chief of Police. Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: (a) Operation Division Commander (b) Services Division Commander

200.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given

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Organizational Structure and Responsibility

assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., K-9, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists.

200.3.3 ORDERS Members shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority.

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General Order 204.1 PURPOSE AND SCOPE General Orders establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes topolicy and procedure consistent with the current Memorandum of Understanding and as permitted by Government Code § 3500 et seq. General Orders will immediately modify or change and supersede sections of this manual to which they pertain.

204.1.1 GENERAL ORDER PROTOCOL General Orders will be incorporated into the manual as required upon approval of Staff. General Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing General Orders have now been incorporated in the updated Policy Manual as of the below revision date. Any General Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number 01. For example, 12-01 signifies the first General Order for the year 2012.

204.2 RESPONSIBILITIES

204.2.1 STAFF The staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a General Order.

204.2.2 CHIEF OF POLICE The Chief of Police shall issue all General Orders.

Emergency Management Plan 206.1 PURPOSE AND SCOPE The City has prepared an Emergency Management Plan for use by all employees in the event of a major disaster or other emergency event. The plan provides for a strategic response by all employees and assigns specific responsibilities in the event that the plan is activated (Government Code § 8610).

206.2 ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated on the order of the official designated by local ordinance.

206.2.1 RECALL OF PERSONNEL In the event that the Emergency Management Plan is activated, all employees of the Benicia Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee. Failure to promptly respond to an order to report for duty may result in discipline.

206.3 LOCATION OF THE PLAN The Emergency Management Plan is available in Services and the Supervisor’s office. All supervisors should familiarize themselves with the Emergency Management Plan. The Services supervisor should ensure that department personnel are familiar with the roles police personnel will play when the plan is implemented.

206.4 UPDATING OF MANUALS The Chief of Police or designee shall review the Emergency Management Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) and should appropriately address any needed revisions.

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Training 208.1 PURPOSE AND SCOPE It is the policy of this [department/office] to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, the [Department/ Office] will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community.

208.2 PHILOSOPHY The [Department/Office] seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, the [Department/Office] will use courses certified by the California Commission on Peace Officer Standards and Training (POST).

208.3 OBJECTIVES The objectives of the Training Program are to: (a) Enhance the level of law enforcement service to the public. (b) Increase the technical expertise and overall effectiveness of our personnel. (c) Provide for continued professional development of [department/office] personnel. (d) Ensure compliance with POST rules and regulations concerning law enforcement training.

208.4 TRAINING PLAN A training plan will be developed and maintained by the Administrative Sergeant. It is the responsibility of the Administrative Sergeant to maintain, review, and update the training plan on an annual basis. The plan will address the following areas: • Legislative Changes and case law; • State Mandated Training • Critical Issues Training • Projected Sworn and Non-Sworn Training Classes

208.5 TRAINING NEEDS ASSESSMENT The Administrative Sergeant will conduct an annual training-needs assessment of the [Department/Office]. The needs assessment will be reviewed by staff. Upon approval by the staff, the needs assessment will form the basis for the training plan for the fiscal year.

Training

208.6 TRAINING PROCEDURES (a) All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following: 1. Court appearances 2. First choice vacation 3. Sick leave 4. Physical limitations preventing the employee’s participation. 5. Emergency situations (b) When an employee is unable to attend mandatory training, that employee shall: 1. Notify his/her supervisor as soon as possible but no later than one hour prior to the start of training. 2. Document his/her absence in a memorandum to his/her supervisor. 3. Make arrangements through his/her supervisor and the Training Sergeant to attend the required training on an alternate date.

208.7 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) is a web-accessed system that provides training on the Benicia Police Department Policy Manual and other important topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Training Sergeant. Personnel assigned to participate in DTBs should only use the password and login name assigned to them by the Training Sergeant. Personnel should not share their password with others and should frequently change their password to protect the security of the system. After each session, employees should log off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the [Department/Office]. Employees who are assigned to participate in the DTB program should complete each DTB at the beginning of their shift or as otherwise directed by their supervisor. Employees should not allow uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the DTB system can be accessed from any Internet active computer, employees shall only take DTBs as part of their on-duty assignment unless directed otherwise by a supervisor. Supervisors will be responsible for monitoring the progress of personnel under their command to ensure compliance with this policy.

Training

208.8 POLICY The [Department/Office] shall administer a training program that will meet the standards of federal, state, local, and POST training requirements. It is a priority of this [department/office] to provide continuing education and training for the professional growth and development of its members.

208.9 TRAINING SERGEANT The Chief of Police shall designate a Training Sergeant who is responsible for developing, reviewing, updating, and maintaining the [department/office] training plan so that required training is completed. The Training Sergeant should review the training plan annually.

208.9.1 TRAINING RESTRICTION The Training Sergeant is responsible for establishing a process to identify officers who are restricted from training other officers for the time period specified by law because of a sustained use of force complaint (Government Code § 7286(b)).

Electronic Mail 212.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of the Department’s electronic mail (email) system by employees of this department. E-mail is a communication tool available to employees to enhance efficiency in the performance of job duties and is to be used in accordance with generally accepted business practices and current law (e.g., California Public Records Act). Messages transmitted over the e-mail system must only be those that involve official business activities or contain information essential to employees for the accomplishment of business-related tasks and/or communication directly related to the business, administration, or practices of the Department.

212.2 EMAIL RIGHT OF PRIVACY All email messages, including any attachments, that are transmitted over department networks are considered department records and therefore are department property. The Department reserves the right to access, audit or disclose, for any lawful reason, any message including any attachment that is transmitted over its email system or that is stored on any department system. The email system is not a confidential system since all communications transmitted on, to or from the system are the property of the Department. Therefore, the email system is not appropriate for confidential communications. If a communication must be private, an alternative method to communicate the message should be used instead of email. Employees using the Department’s email system shall have no expectation of privacy concerning communications utilizing the system. Employees should not use personal accounts to exchange email or other information that is related to the official business of the Department.

212.3 PROHIBITED USE OF EMAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive and harassing or any other inappropriate messages on the email system is prohibited and may result in discipline. Email messages addressed to the entire department are only to be used for official business related items that are of particular interest to all users and must be approved by the Chief of Police or a Division Commander. Personal advertisements are not acceptable. It is a violation of this policy to transmit a message under another user’s name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would minimize the misuse of an individual’s email, name and/or password by others.

212.4 EMAIL RECORD MANAGEMENT Email may, depending upon the individual content, be a public record under the California Public Records Act and must be managed in accordance with the established records retention schedule and in compliance with state law.

Electronic Mail

The Custodian of Records shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy.

Administrative Communications 214.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies.

214.2 MEMORANDUMS Memorandums may be issued periodically by the Chief of Police to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status.

214.3 CORRESPONDENCE In order to ensure that the letterhead and name of the Department are not misused, all external correspondence shall be on Department letterhead. All Department letterhead shall bear the signature element of the Chief of Police. Personnel should use Department letterhead only for official business and with approval of their supervisor.

214.4 SURVEYS All surveys made in the name of the Department shall be authorized by the Chief of Police or a Division Commander.

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Staffing Levels 216.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that proper supervision is available for all shifts. The Department intends to balance the employee’s needs against the need to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the need to meet operational requirements of the Department.

216.2 MINIMUM STAFFING LEVELS Minimum staffing levels should result in the scheduling of at least one regular supervisor on duty whenever possible. Division Commanders will ensure that at least one field supervisor is deployed during each watch.

216.2.1 SUPERVISION DEPLOYMENTS In order to accommodate training and other unforeseen circumstances, officers classified as an “Acting Supervisor” may be used as field supervisors in place of a field sergeant. An Acting Supervisor may act as a supervisory officer for a limited period of time with prior authorization from the a Sergeant, the Patrol Division Commander, or the on-call administrator.

License to Carry a Firearm 218.1 PURPOSE AND SCOPE The purpose of this policy is to provide a written process for the application, issuance, denial, appeal, and revocation of a license to carry a firearm (Penal Code § 26150; Penal Code § 26155).

218.1.1 APPLICATION OF POLICY Nothing in this policy shall preclude the Chief or other head of a municipal police [department/ office] from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the county from entering into an agreement with the Chief of any municipal police [department/office] to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155).

218.1.2 APPLICATION OF POLICY It is the policy that the Benicia PoliceDepartment will refer all concealed weapon permits to the Solano County Sheriff’s Office. (Penal Code § 12050(g)). In the event the Benicia Police Department were to consider issuing a concealed weapons permit, the following policy would be adhered to.

218.2 POLICY The Benicia Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy.

218.3 QUALIFIED APPLICANTS In order to qualify for a license to carry a firearm, the applicant must: (a) Be deemed not to be a disqualified person as provided in Penal Code § 26202. (b) Be deemed not to be prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm (Penal Code § 26185; Penal Code § 26195). (c) Be a resident of the City of Benicia (Penal Code § 26150; Penal Code § 26155). (d) Be at least 21 years of age, and present clear evidence of identity and age as defined in Penal Code § 16400 (Penal Code § 26150; Penal Code § 26155). (e) Fully complete the California Department of Justice (DOJ) application (Penal Code § 26175). (f) Submit fingerprints and a complete criminal background check (Penal Code § 26185). (g) Pay all associated application fees (Penal Code § 26190). (h) Be the recorded owner of the firearm, with the California DOJ, for which the license will be issued, as determined by the Benicia Police Department (Penal Code § 26162). (i) Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190). (j) Complete required training described in Penal Code § 26165.

License to Carry a Firearm

218.3.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS) (a) Any individual applying for a license to carry a concealed weapon shall first fully complete a Concealed Weapons License Application to be signed under penalty of perjury. It is against the law to knowingly make any false statements on such an application (Penal Code § 12051 (b) & (c)). 1. In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a polygraph examination. 2. If an incomplete CCW Application package is received, the Chief of Police or authorized designee may do any of the following: (a) Require the applicant to complete the package before any further processing. (b) Advance the incomplete package to Phase Two for conditional processing pending completion of all mandatory conditions. (c) Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a CCW Permit even if the package was completed (e.g., not a resident, disqualifying criminal conviction, absence of good cause). (b) At the time the completed application is submitted, the applicant shall submit a check made payable to the Department of Justice for the required application fee along with a separate check made payable to the City of Benicia for a nonrefundable 20 percent of the application fee to cover the cost of processing. (a) The application fee does not include any additional fees required for fingerprinting, training or psychological testing. (b) Full payment of the remainder of the application fee will be required upon issuance of a license. (c) Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code § 12050 (a)(1)(C)). (c) The applicant shall be required to submit to Live-Scan fingerprinting and a complete criminal background check by the Department of Justice. A second set of fingerprints may be required for retention in department files. Two recent passport size photos (two inches by two inches) of the applicant shall be submitted for department use. Fingerprint and photograph fees will be collected in addition to the application fees. No person determined to fall within a prohibited class described in Penal Code §§ 12021 or 12021.1 or Welfare and Institutions Code §§ 8100 or 8103 may be issued a license to carry a concealed weapon. (d) The applicant shall submit at least three signed letters of character reference from individuals other than relatives. (e) The applicant shall submit proof of ownership and registration of each weapon to be licensed for concealment.

License to Carry a Firearm

Once the Chief of Police or authorized designee has reviewed the completed application package and relevant background information, the application will either be advanced to phase two or denied. In the event that an application is denied at the conclusion of or during phase one, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the Department of Justice, whichever is later (Penal Code § 12052.5).

218.4 APPLICATION PROCESS The application process for a license to carry a firearm shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied.

218.4.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS) (a) Any individual applying for a license to carry a firearm shall first fully complete a California DOJ application to be signed under penalty of perjury. Any applicant who provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180). 1. If an incomplete application package is received, the Chief of Police or the authorized designee may do any of the following: (a) Require the applicant to complete the package before any further processing. (b) Advance the incomplete package to phase two for conditional processing pending completion of all mandatory conditions. (c) Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a license to carry a firearm even if the package was completed (e.g., not a resident, disqualifying criminal conviction). (b) Applicant fees shall be submitted and processed according to [department/office]- established procedures and Penal Code § 26190. 1. Additional fees may be required for fingerprinting, training, or psychological testing, in addition to the application fee. 2. Full payment of the remainder of the application fee will be required upon issuance of a license. 3. Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code § 26170). (c) Additional documents may be requested of the applicant as required to complete the application process (e.g., photograph, proof of residency).

License to Carry a Firearm

     (d)      The applicant shall submit proof of ownership or registration of each firearm to be
              licensed.

Within 90 days of receiving the completed application for a new license, the [Department/Office] shall give written notice to the applicant of the [Department/Office]’s initial determination, based on its preliminary investigation, whether or not the applicant is a disqualified person (Penal Code § 26202). If the determination is that the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements as specified in Penal Code § 26165.

218.4.2 PHASE TWO This phase is to be completed only by those applicants successfully completing phase one. (a) Fingerprints and related information required by the California DOJ shall be submitted to the California DOJ as provided in Penal Code § 26185. (b) The Chief of Police may, based upon criteria established by the Chief of Police, require that the applicant be referred to an authorized psychologist used by the [Department/ Office] for psychological testing. The cost of such psychological testing shall be paid by the applicant but shall not exceed the reasonable costs to the [Department/Office] (Penal Code § 26190). (c) The applicant shall complete a course of training approved by the [Department/Office], which complies with Penal Code § 26165. (d) The applicant shall submit any firearm to be considered for a license to the Rangemaster or other [department/office] authorized gunsmith, at no cost to the applicant, for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s specifications or that is unsafe (Penal Code § 31910). (e) The applicant shall successfully complete a firearms safety and proficiency examination with the firearm to be licensed, to be administered by the [department/ office] Rangemaster, or provide proof of successful completion of another [department/office]-approved firearms safety and proficiency examination, including completion of all releases and other forms. The cost of any outside inspection/ examination shall be the responsibility of the applicant. Once the Chief of Police or authorized designee has verified the successful completion of phase two, the license to carry a firearm will either be granted or denied (Penal Code § 26170).

218.5 ISSUED FIREARMS PERMITS In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply: (a) The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner, and circumstances under which a person may carry the firearm (Penal Code § 26200(b)). 1. All such restrictions or conditions shall be conspicuously noted on any license issued (Penal Code § 26200(c)).

License to Carry a Firearm

              2.       The licensee will be required to sign a Restrictions and Conditions Agreement.
                       Any violation of any of the restrictions and conditions may result in the immediate
                       revocation of the license.
     (b)      The license shall clearly identify the licensee, bear a photograph and fingerprints of
              the licensee with the expiration date, type of firearm, restrictions, and other pertinent
              information as described by Penal Code § 26175. The license may be laminated
              (Penal Code § 26175).
     (c)      The license will be valid for a period not to exceed two years from the date of issuance
              (Penal Code § 26220).
              1.       A license issued to a state or federal magistrate, commissioner, or judge will be
                       valid for a period not to exceed three years.
              2.       A license issued to any reserve peace officer as defined in Penal Code §
                       830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in
                       Penal Code § 831.5 will be valid for a period not to exceed four years, except
                       that such license shall be invalid upon the individual's conclusion of service as
                       a reserve officer.
     (d)      If the licensee's place of residence was the basis for issuance of a license and the
              licensee moves out of the county of issuance, the license shall expire 90 days after
              the licensee has moved (Penal Code § 26210).
     (e)      The licensee shall notify this [department/office] in writing within 10 days of any change
              of place of residency. Within 10 days of receiving such notice, the [Department/Office]
              shall notify the California DOJ (Penal Code § 26210).

218.5.1 AMENDMENTS TO LICENSES Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the department in order to (Penal Code § 26215): (a) Add or delete authority to carry a firearm listed on the license. (b) Change restrictions or conditions previously placed on the license. (c) Change the address or other personal information of the licensee (Penal Code § 26210). In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment. An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license.

218.5.2 REVOCATION OF LICENSES Any license issued pursuant to this policy shall be revoked by the Chief of Police for any of the following reasons (Penal Code § 26195): (a) The licensee is prohibited by state or federal law from owning or purchasing a firearm.

License to Carry a Firearm

     (b)      The licensee has become a disqualified person and cannot receive such a license in
              accordance with the standards set forth in Penal Code § 26202.
     (c)      The licensee has breached any of the conditions or restrictions described in Penal
              Code § 26200.
     (d)      Any information provided by a licensee in connection with an application for a new
              license or a license renewal is inaccurate or incomplete.
     (e)      If the license is one to carry "loaded and exposed," the license shall be revoked
              immediately upon a change of the licensee's place of residence to another county
              (Penal Code § 26210).

The issuance of a license by the Chief of Police shall not entitle the holder to either a property or liberty interest as the issuance, amendment, or revocation of such license remains exclusively within the discretion of the Chief of Police as set forth herein. If any license is revoked, the [Department/Office] will immediately notify the licensee in writing and the California DOJ (Penal Code § 26225).

218.5.3 LICENSE RENEWAL No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee may apply to the Chief of Police for a renewal by: (a) Verifying all information submitted in the original application under penalty of perjury. (b) Completing a training course pursuant to Penal Code § 26165. (c) Submitting any firearm to be considered for a license renewal to the Rangemaster for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s specifications or that is unsafe (Penal Code § 31910). (d) Paying the applicable renewal application fee. Within 90 days of receiving the completed application for a renewal license, the [Department/ Office] shall give written notice to the applicant of the [department/office]’s initial determination whether or not the applicant is a disqualified person (Penal Code § 26202). If the determination is that the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements as specified in Penal Code § 26165. The [Department/Office] shall then submit the renewal notification to the California DOJ as provided in Penal Code § 26185. Once the Chief of Police or the authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will either be granted or denied.

218.6 [DEPARTMENT/OFFICE] REPORTING AND RECORDS The [Department/Office] shall maintain a record of the following and immediately provide copies of each to the California DOJ (Penal Code § 26225): (a) The denial of a license

License to Carry a Firearm

     (b)      The denial of an amendment to a license
     (c)      The issuance of a license
     (d)      The amendment of a license
     (e)      The revocation of a license

The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges.

218.7 CONFIDENTIAL RECORDS The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, court commissioner, or judge contained in an application shall not be considered a public record (Government Code § 7923.805).

218.8 WRITTEN NOTICE FOR DENIAL OF LICENSE The Chief of Police or the authorized designee shall give written notice to the applicant for a new license that the license is approved or denied within 120 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later (Penal Code § 26205). Written notice to an applicant for a renewal license that is approved or denied shall be given within 120 days of receiving the completed application (Penal Code § 26205). Additionally, regardless of the type of license, if the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205).

218.8.1 ADDITIONAL REQUIREMENTS If an application for a new license, renewal of a license, or revocation is denied based on a determination that the person is a disqualified person as provided by Penal Code § 26202, the Chief of Police or the authorized designee shall provide the person with the notice of determination as provided by Penal Code § 26202(d), Penal Code § 26205, or Penal Code § 26195(b)(3). The notice shall state the reason why the determination was made and inform the applicant that they may request a hearing from a court. The [Department/Office] shall also provide the most recent California DOJ hearing request form to the applicant (Penal Code § 26206). If an application for a new license, renewal of a license, or revocation is denied for any other reason as described in Penal Code § 26206(i), the Chief of Police or the authorized designee shall provide the person with the notice required under Penal Code § 26205 or Penal Code § 26195(b) (3), as applicable, and inform the applicant they may apply to the county Superior Court for a writ of mandate pursuant to Code of Civil Procedure § 1085 (Penal Code § 26206).

218.9 POLICY AVAILABILITY This policy shall be made accessible to the public as provided by Penal Code § 26160.

Copyright Lexipol, LLC 2025/04/24, All Rights Reserved. License to Carry a Firearm - 37 Published with permission by Benicia Police Department Policy Benicia Police Department 220 Benicia PD Policy Manual

Retiree Concealed Firearms 220.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Benicia Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455).

220.2 POLICY It is the policy of the Benicia Police Department to provide identification cards to qualified former or retired officers as provided in this policy.

220.3 LEOSA The Chief of Police may issue an identification card for LEOSA purposes to any qualified former officer of this who (18 USC § 926C(c)): (a) Separated from service in good standing from this [department/office] as an officer. (b) Before such separation, had regular employment as a law enforcement officer for an aggregate of 10 years or more or, if employed as a law enforcement officer for less than 10 years, separated from service after completing any applicable probationary period due to a service-connected disability as determined by this [department/office]. (c) Has not been disqualified for reasons related to mental health. (d) Has not entered into an agreement with this [department/office] where the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. (e) Is not prohibited by federal law from receiving or possessing a firearm.

220.3.1 LEOSA IDENTIFICATION CARD FORMAT The LEOSA identification card should contain a photograph of the former officer and identify him/ her as having been employed as an officer. If the Benicia Police Department qualifies the former officer, the LEOSA identification card or separate certification should indicate the date the former officer was tested or otherwise found by the department to meet the active duty standards for qualification to carry a firearm.

220.3.2 AUTHORIZATION Any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm under 18 USC § 926C when he/she is: (a) In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following: 1. An indication from the person’s former law enforcement agency that he/she has, within the past year, been tested or otherwise found by the law enforcement agency to meet agency-established active duty standards for qualification in firearms training to carry a firearm of the same type as the concealed firearm.

Retiree Concealed Firearms

              2.       A certification, issued by either the state in which the person resides or by a
                       certified firearms instructor who is qualified to conduct a firearms qualification
                       test for active duty law enforcement officers within that state, indicating that the
                       person has, within the past year, been tested or otherwise found to meet the
                       standards established by the state or, if not applicable, the standards of any
                       agency in that state.
     (b)      Not under the influence of alcohol or another intoxicating or hallucinatory drug or
              substance.
     (c)      Not prohibited by federal law from receiving a firearm.
     (d)      Not in a location prohibited by California law or by a private person or entity on his/her
              property if such prohibition is permitted by California law.

220.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE Any full-time sworn officer of this [department/office] who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a Carrying Concealed Weapon endorsement, “CCW Approved,” upon honorable retirement (Penal Code § 25455). (a) For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement. It shall not include any officer who retires in lieu of termination. (b) No CCW Approved endorsement shall be issued to any officer retiring because of a psychological disability (Penal Code § 26305).

220.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT The identification card issued to any qualified and honorably retired officer shall be 2 inches by 3 inches, and minimally contain (Penal Code § 25460): (a) A photograph of the retiree. (b) The retiree’s name and date of birth. (c) The date of retirement. (d) The name and address of this [department/office]. (e) A stamped CCW Approved endorsement along with the date by which the endorsement must be renewed (not more than one year). If a CCW endorsement has been denied or revoked, the identification card shall be stamped “No CCW Privilege.”

220.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION The Benicia Police Department shall provide an identification card with a CCW Approved endorsement to honorably retired peace officers from any jurisdiction that this department now serves under the following conditions (Penal Code § 25905): (a) The retiree’s previous agency is no longer providing law enforcement services or the relevant government body is dissolved.

Retiree Concealed Firearms

     (b)      This [department/office] is in possession of the retiree’s complete personnel record or
              can verify the retiree’s honorably retired status.
     (c)      The retiree is in compliance with all of the requirements of this [department/office] for
              the issuance of a CCW Approved endorsement.

220.4.3 QUALIFIED RETIRED RESERVES Qualified retired reserve officers who meet the department requirements shall be provided an identification card with a CCW Approved endorsement (Penal Code § 26300).

220.5 FORMER OFFICER RESPONSIBILITIES A former officer with a card issued under this policy shall immediately notify the Supervisor of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Employee Convictions policy.

220.5.1 RESPONSIBILITIES UNDER LEOSA In order to obtain or retain a LEOSA identification card, the former officer shall: (a) Sign a waiver of liability of the [Department/Office] for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the [Department/Office]. (b) Remain subject to all applicable [department/office] policies and federal, state and local laws. (c) Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm. (d) Successfully pass an annual criminal history background check indicating that he/she is not prohibited by law from receiving or possessing a firearm.

220.5.2 MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW ENDORSEMENT In order to maintain a CCW Approved endorsement on an identification card issued under California law, the retired officer shall (Penal Code § 26305): (a) Qualify annually with the authorized firearm at a course approved by this [department/ office] at the retired officer’s expense. (b) Remain subject to all applicable [department/office] policies and federal, state and local laws. (c) Not engage in conduct that compromises public safety. (d) Only be authorized to carry a concealed firearm inspected and approved by the [Department/Office].

220.6 DENIAL, SUSPENSION, OR REVOCATION OF A LEOSA IDENTIFICATION CARD A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the [Department/Office]. In the event that an identification card is denied,

Retiree Concealed Firearms

suspended, or revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final.

220.7 FIREARM QUALIFICATIONS The Rangemaster may provide former officers from this [department/office] an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons used.

220.8 DENIAL, SUSPENSION, OR REVOCATION OF A CALIFORNIA CCW ENDORSEMENT CARD A CCW endorsement for any officer retired from this [department/office] may be denied or revoked only upon a showing of good cause. The CCW endorsement may be immediately and temporarily revoked by the Supervisor when the conduct of a retired peace officer compromises public safety (Penal Code § 25470). (a) In the event that a CCW endorsement is initially denied, the retired officer shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received. (b) Prior to revocation of any CCW endorsement, the [Department/Office] shall provide the affected retiree with written notice of a hearing by either personal service or first class mail, postage prepaid, return receipt requested to the retiree’s last known address (Penal Code § 26315). 1. The retiree shall have 15 days from the date of service to file a written request for a hearing. 2. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (Penal Code § 26315). 3. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. (c) A hearing for the denial or revocation of any CCW endorsement shall be conducted before a hearing board composed of three members, one selected by the [Department/ Office], one selected by the retiree or his/her employee organization, and one selected jointly (Penal Code § 26320). 1. The decision of such hearing board shall be binding on the [Department/Office] and the retiree. 2. Any retiree who waives the right to a hearing or whose CCW endorsement has been revoked at a hearing shall immediately surrender his/her identification card. The [Department/Office] will then reissue a new identification card which shall be stamped “No CCW Privilege.” (d) Members who have reason to suspect the conduct of a retiree has compromised public safety shall notify the Supervisor as soon as practicable. The Supervisor should

Retiree Concealed Firearms

              promptly take appropriate steps to look into the matter and, if warranted, contact
              the retiree in person and advise him/her of the temporary suspension and hearing
              information listed below.
              1.       Notification of the temporary suspension should also be promptly mailed to the
                       retiree via first class mail, postage prepaid, return receipt requested (Penal Code
                       § 26312).
              2.       The Supervisor should document the investigation, the actions taken and, if
                       applicable, any notification made to the retiree. The memo should be forwarded
                       to the Chief of Police.
              3.       The personal and written notification should be as follows:
                       (a)      The retiree’s CCW endorsement is immediately and temporarily
                                suspended.
                       (b)      The retiree has 15 days to request a hearing to determine whether the
                                temporary suspension should become permanent revocation.
                       (c)      The retiree will forfeit his/her right to a hearing and the CCW endorsement
                                will be permanently revoked if the retiree fails to respond to the notice of
                                hearing within the 15-day period.
              4.       In the event that personal contact with the retiree cannot be reasonably achieved
                       in a timely manner, the Supervisor should attempt to make the above notice of
                       temporary suspension through another law enforcement officer. For example,
                       if a retiree was arrested or detained by a distant agency, the Supervisor may
                       request that a law enforcement officer from that agency act as the agent of the
                       [Department/Office] to deliver the written notification.

Copyright Lexipol, LLC 2025/04/24, All Rights Reserved. Retiree Concealed Firearms - 42 Published with permission by Benicia Police Department Policy Benicia Police Department 221 Benicia PD Policy Manual

Donation Policy 221.1 PURPOSE AND SCOPE It is the policy of the Benicia Police Department to accept donations from legitimate sources when the item(s) donated serve to improve, enhance or broaden the service that we deliver to the community. The purpose of this policy is to establish a guideline for the acceptance of donations and for the solicitation of donations by employees. The active solicitation of money or property by members of the Police Department needs to be carefully considered. The public perception must be considered so that there is no appearance of inappropriate behavior. Our only desire is to involve the local community, or a part of it, in providing a better service to them and with them, by working together for some unique needs which arise outside the normal budget process.

221.2 DEFINITIONS A. DONATIONS: Donations can be a gift of currency, personal or real property or any other asset that will serve a purpose and not bring discredit to the Police Department. They may result from internal departmental fund raising drives or externally through approved community or individual solicitations or fund raising events. B. SOLICITATION: The act of openly and directly seeking funds or property to be donated in order to augment or fund a Police Department activity, function or portion thereof by an employee or group of employees.

221.3 PROCEDURE The Chief of Police shall have the sole authority to approve the solicitation and/or acceptance of donations. All solicitation drives must be well planned and shall be fully developed with plans submitted through the chain of command and will become operative only after approval by the Chief of Police. The following procedure shall be followed when a person wishes to make a direct donation or a donation resulting from a fund raising program: A. CURRENCY: Any person wishing to make a donation should be encouraged to contact the Chief of Police; the employee may accept the donation on behalf of the Chief should the donor not desire to contact the Chief. The donor should be asked to specify the intended purpose, if any, of the contribution. Donors should be encouraged to make their contributions by check, where possible. All donors will be issued receipts by the accepting employee. Receipts shall be forwarded to the Chief of Police along with a memo identifying the donor and the intended purpose of the donation, if any. B. TANGIBLE PROPERTY: Any property to be donated to the Benicia Police Department shall be approved as to utility and usefulness, prior to acceptance. Full documentation of the description, quantity, intended purpose and/or utility and estimated value should be forwarded through the

Donation Policy

chain of command to the employee’s Division Commander along with a recommendation as to its suitability. The Division Commander shall confer with the Chief of Police as to the acceptability of the item(s). Donors shall be given receipts describing the item(s) donated, estimating their market value. C. DISPOSTION: All currency that is received as a donation shall be forwarded to the Administrative Secretary for deposit. This money shall be deposited into a specific police department donation account. Accounting procedures shall track the donations by date, source, purpose, and disbursement activity. Notification of all approved tangible property donated shall be given to the Services Division property section which will have the property converted to the City Property and assign it as determined by staff. Employees wishing to use non-designated, donated money or property for qualified projects, equipment, events, etc. shall submit their request along with justification through the chain of command to their Division Commander. Each allocation of money or property shall be based upon the approval of the Chief of Police.

                            Chapter 3 - General Operations

Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this [department/office] is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286). In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques and Conducted Energy Device policies. Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation Policy.

300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a). Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person (Government Code § 7286(a)). Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed, or restrained. Serious bodily injury - A serious impairment of physical condition, including but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (Penal Code § 243(f)(4)). Totality of the circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a).

300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties.

Use of Force

The [Department/Office] recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests.

300.2.1 DUTY TO INTERCEDE Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent the use of unreasonable force. When observing force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)).

300.2.2 FAIR AND UNBIASED USE OF FORCE Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). See the Bias-Based Policing Policy for additional guidance.

300.2.3 DUTY TO REPORT EXCESSIVE FORCE Any officer who observes a law enforcement officer or an employee use force that potentially exceeds what the officer reasonably believes to be necessary shall immediately report these observations to a supervisor (Government Code § 7286(b)). As used in this subsection, “immediately” means as soon as it is safe and feasible to do so.

300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a). The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. Officers may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)). It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods provided by the [Department/Office]. Officers may find it more effective or reasonable to improvise

Use of Force

their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force.

300.3.1 USE OF FORCE TO EFFECT AN ARREST Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a).

300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to: (a) The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a). (b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a). (c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The conduct of the involved officer leading up to the use of force (Penal Code § 835a). (e) The effects of suspected drugs or alcohol. (f) The individual’s apparent mental state or capacity (Penal Code § 835a). (g) The individual’s apparent ability to understand and comply with officer commands (Penal Code § 835a). (h) Proximity of weapons or dangerous improvised devices. (i) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (j) The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a). (k) Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used.

Use of Force

     (l)      Training and experience of the officer.
     (m)      Potential for injury to officers, suspects, bystanders, and others.
     (n)      Whether the person appears to be resisting, attempting to evade arrest by flight, or
              is attacking the officer.
     (o)      The risk and reasonably foreseeable consequences of escape.
     (p)      The apparent need for immediate control of the subject or a prompt resolution of the
              situation.
     (q)      Whether the conduct of the individual being confronted no longer reasonably appears
              to pose an imminent threat to the officer or others.
     (r)      Prior contacts with the subject or awareness of any propensity for violence.
     (s)      Any other exigent circumstances.

300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed [department/office]-approved training. Officers utilizing any pain compliance technique should consider: (a) The degree to which the application of the technique may be controlled given the level of resistance. (b) Whether the person can comply with the direction or orders of the officer. (c) Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved.

300.3.4 USE OF FORCE TO SEIZE EVIDENCE In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Benicia Police Department for this specific purpose.

300.3.5 ALTERNATIVE TACTICS - DE-ESCALATION As time and circumstances reasonably permit, and when community and officer safety would not be compromised, officers should consider actions that may increase officer safety and may decrease the need for using force: (a) Summoning additional resources that are able to respond in a reasonably timely manner.

Use of Force

     (b)      Formulating a plan with responding officers before entering an unstable situation that
              does not reasonably appear to require immediate intervention.
     (c)      Employing other tactics that do not unreasonably increase officer jeopardy.

In addition, when reasonable, officers should evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)). Such alternatives may include but are not limited to: (a) Attempts to de-escalate a situation. (b) If reasonably available, the use of crisis intervention techniques by properly trained personnel.

300.3.6 RESTRICTIONS ON THE USE OF A CHOKE HOLD Officers of this [department/office] are not authorized to use a choke hold. A choke hold means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe (Government Code § 7286.5).

300.3.7 ADDITIONAL RESTRICTIONS Terms such as “positional asphyxia,” “restraint asphyxia,” and “excited delirium” continue to remain the subject of debate among experts and medical professionals, are not universally recognized medical conditions, and frequently involve other collateral or controlling factors such as narcotics or alcohol influence or pre-existing medical conditions. While it is impractical to restrict an officer’s use of reasonable control methods when attempting to restrain a combative individual, officers are not authorized to use any restraint or transportation method which might unreasonably impair an individual’s breathing or respiratory capacity for a period beyond the point when the individual has been adequately and safely controlled. Once the individual is safely secured, officers should promptly check and continuously monitor the individual’s condition for signs of medical distress (Government Code § 7286.5).

300.4 DEADLY FORCE APPLICATIONS Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify themself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts (Penal Code § 835a). If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers shall evaluate and use other reasonably available resources and techniques when determining whether to use deadly force. To the extent that it is reasonably practical, officers should consider their surroundings and any potential risks to bystanders prior to discharging a firearm (Government Code § 7286(b)). The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances (Penal Code § 835a):

Use of Force

     (a)      An officer may use deadly force to protect themself or others from what the officer
              reasonably believes is an imminent threat of death or serious bodily injury to the officer
              or another person.
     (b)      An officer may use deadly force to apprehend a fleeing person for any felony that
              threatened or resulted in death or serious bodily injury, if the officer reasonably
              believes that the person will cause death or serious bodily injury to another unless
              immediately apprehended.

Officers shall not use deadly force against a person based on the danger that person poses to themself, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a). Additionally, an officer shall not use deadly force against a person whose actions are a threat solely to property unless the person poses an imminent danger of death or serious physical injury to the officer or others in close proximity. An “imminent” threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer’s subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a).

300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks in addition to the justification for the use of deadly force. When feasible, officers should take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others (Government Code § 7286(b)). Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.

300.4.2 DISPLAYING OF FIREARMS The intentional pointing of a firearm at a person is a reportable use of force. Given that individuals might perceive the display of a firearm as a potential application of force, officers should carefully evaluate each tactical situation and use sound discretion when drawing a firearm in public by considering the following guidelines (Government Code § 7286(b)): (a) If the officer does not initially perceive a threat but reasonably believes that the potential for such threat exists, firearms should generally be kept in the low-ready or other position not directed toward an individual. (b) If the officer reasonably believes that a threat exists based on the totality of circumstances presented at the time (e.g., high-risk stop, tactical entry, armed

Use of Force

              encounter), firearms may be directed toward such threat until the officer no longer
              perceives such threat.

Once it is reasonably safe to do so, officers should carefully secure all firearms.

300.5 REPORTING THE USE OF FORCE Any use of force by a member of this [department/office] shall be documented promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the [Department/Office] may require the completion of additional report forms, as specified in [department/office] policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may require documentation.

300.5.1 NOTIFICATION TO SUPERVISORS Any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code § 832.13): (a) The application caused a visible injury. (b) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c) The individual subjected to the force complained of injury or continuing pain. (d) The individual indicates intent to pursue litigation. (e) Any application of a conducted energy device or control device. (f) Any application of a restraint device other than handcuffs, shackles, or belly chains. (g) The individual subjected to the force was rendered unconscious. (h) An individual was struck or kicked. (i) An individual alleges unreasonable force was used or that any of the above has occurred. As used in this subsection, “immediately” means as soon as it is safe and feasible to do so.

300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Section Policy.

300.5.3 REPORT RESTRICTIONS Officers shall not use the term “excited delirium” to describe an individual in an incident report. Officers may describe the characteristics of an individual’s conduct, but shall not generally describe the individual’s demeanor, conduct, or physical and mental condition at issue as “excited delirium” (Health and Safety Code § 24402).

Use of Force

300.6 MEDICAL CONSIDERATIONS Once it is reasonably safe to do so, properly trained officers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)). Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until the individual can be medically assessed. Based upon the officer’s initial assessment of the nature and extent of the subject’s injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. See the Medical Aid and Response Policy for additional guidelines.

300.7 SUPERVISOR RESPONSIBILITY A supervisor should respond to any reported use of force, if reasonably available. The responding supervisor is expected to (Government Code § 7286(b)): (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b) Ensure that any injured parties are examined and treated. (c) When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply:

Use of Force

              1.       The content of the interview should not be summarized or included in any related
                       criminal charges.
              2.       The fact that a recorded interview was conducted should be documented in a
                       property or other report.
              3.       The recording of the interview should be distinctly marked for retention until all
                       potential for civil litigation has expired.
     (d)      Once any initial medical assessment has been completed or first aid has been
              rendered, ensure that photographs have been taken of any areas involving visible
              injury or complaint of pain, as well as overall photographs of uninjured areas. These
              photographs should be retained until all potential for civil litigation has expired.
     (e)      Identify any witnesses not already included in related reports.
     (f)      Review and approve all related reports.
     (g)      Determine if there is any indication that the subject may pursue civil litigation.
              1.       If there is an indication of potential civil litigation, the supervisor should complete
                       and route a notification of a potential claim through the appropriate channels.
     (h)      Evaluate the circumstances surrounding the incident and initiate an administrative
              investigation if there is a question of policy non-compliance or if for any reason further
              investigation may be appropriate.

In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit.

300.7.1 SUPERVISOR RESPONSIBILITY The Supervisor shall review each use of force by any personnel within his/her command to ensure compliance with this policy.

300.8 TRAINING Officers, investigators, and supervisors will receive annual training on this policy and demonstrate their knowledge and understanding (Government Code § 7286(b)).

300.8.1 TRAINING REQUIREMENTS Required annual training shall include: (a) Legal updates. (b) De-escalation tactics, including alternatives to force. (c) The duty to intercede. (d) The duty to request and/or render medical aid. (e) Warning shots (see the Firearms Policy). (f) All other subjects covered in this policy (e.g., use of deadly force, chokeholds and carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings).

Use of Force

     (g)      Training courses required by and consistent with POST guidelines set forth in Penal
              Code § 13519.10.

See the Training Policy for restrictions relating to officers who are the subject of a sustained use of force complaint.

300.8.2 STATE-SPECIFIC TRAINING REQUIREMENTS Required state-specific training shall include guidelines regarding vulnerable populations, including but not limited to children, elderly persons, pregnant individuals, and individuals with physical, mental, and developmental disabilities (Government Code § 7286(b)).

300.9 USE OF FORCE ANALYSIS At least annually, the Patrol Division Commander should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include: (a) The identification of any trends in the use of force by members. (b) Training needs recommendations. (c) Equipment needs recommendations. (d) Policy revision recommendations.

300.10 USE OF FORCE COMPLAINTS The receipt, processing, and investigation of civilian complaints involving use of force incidents should be handled in accordance with the Personnel Complaints Policy (Government Code § 7286(b)).

300.11 POLICY REVIEW The Chief of Police or the authorized designee should regularly review and update this policy to reflect developing practices and procedures (Government Code § 7286(b)).

300.12 POLICY AVAILABILITY The Chief of Police or the authorized designee should ensure this policy is accessible to the public (Government Code § 7286(c)).

300.13 PUBLIC RECORDS REQUESTS Requests for public records involving an officer’s personnel records shall be processed in accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and Release policies (Government Code § 7286(b)).

Deadly Force Review 302.1 PURPOSE AND SCOPE This policy establishes a process for the Benicia Police Department to review the use of force by its employees. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force.

302.2 POLICY The Benicia Police Department will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy.

302.3 REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever an employee’s actions or use of force in an official capacity, or while using department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case.

302.4 REVIEW BOARD The Use of Force Review Board will be convened when the use of force by a member results in very serious injury or death to another. The Use of Force Review Board will also investigate and review the circumstances surrounding every discharge of a firearm, whether the employee was on- or off-duty, excluding training or recreational use. The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident. The Services Division Commander will convene the Use of Force Review Board as necessary. It will be the responsibility of the Division Commander or supervisor of the involved employee to notify the Services Division Commander of any incidents requiring board review. The involved employee’s Division Commander or supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board.

302.4.1 COMPOSITION OF THE BOARD The Services Division Commander should select five Use of Force Review Board members from the following, as appropriate: • Representatives of each division • Commanding officer in the involved member’s chain of command • Training Sergeant

Deadly Force Review

     •        Non-administrative supervisor
     •        A peer officer
     •        A sworn peace officer from an outside law enforcement agency
     •        Department instructor for the type of weapon, device or technique used

The senior ranking command representative who is not in the same division as the involved employee will serve as chairperson.

302.4.2 RESPONSIBILITIES OF THE BOARD The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The board members may request further investigation, request reports be submitted for the board’s review, call persons to present information and request the involved employee to appear. The involved employee will be notified of the meeting of the board and may choose to have a representative through all phases of the review process. The board does not have the authority to recommend discipline. The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges the decision not to file criminal charges, or any other action. The board should be provided all relevant available material from these proceedings for its consideration. Absent an express waiver from the employee, no more than two members of the board may ask questions of the involved employee (Government Code § 3303). Other members may provide questions to these members. The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question an officer’s decision regarding the use of force. Any questioning of the involved employee conducted by the board will be in accordance with the department’s disciplinary procedures, the Personnel Complaints Policy, the current collective bargaining agreement and any applicable state or federal law. The board shall make one of the following recommended findings: (a) The employee’s actions were within department policy and procedure. (b) The employee’s actions were in violation of department policy and procedure. A recommended finding requires a majority vote of the board. The board may also recommend additional investigations or reviews, such as disciplinary investigations, training reviews to consider whether training should be developed or revised, and policy reviews, as may be appropriate. The board chairperson will submit the written recommendation to the Chief of Police.

Deadly Force Review

The Chief of Police shall review the recommendation, make a final determination as to whether the employee’s actions were within policy and procedure and will determine whether any additional actions, investigations or reviews are appropriate. The Chief of Police’s final findings will be forwarded to the involved employee’s Division Commander for review and appropriate action. If the Chief of Police concludes that discipline should be considered, a disciplinary process will be initiated. At the conclusion of any additional reviews, copies of all relevant reports and information will be filed with the Chief of Police.

Handcuffing and Restraints 306.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests.

306.2 POLICY The Benicia Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy, the Transporting Persons in Custody Policy, and [department/ office] training. Restraint devices shall not be used to punish, to display authority, or as a show of force.

306.3 USE OF RESTRAINTS Only members who have successfully completed Benicia Police Department-approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include but are not limited to: • The circumstances or crime leading to the arrest. • The demeanor and behavior of the arrested person. • The age and health of the person. • Whether the person is known to be pregnant. • Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. • Whether the person has any other apparent disability.

306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain a person who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to ensure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee.

306.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Leg restraints, waist chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure themself or others, or damage property. No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances, and only when a supervisor makes an individualized

Handcuffing and Restraints

determination that such restraints are necessary for the safety of the detainee, officers, or others (Penal Code § 3407; Penal Code § 6030). See the Transporting Persons in Custody Policy for guidelines relating to transporting pregnant persons.

306.3.3 RESTRAINT OF JUVENILES A juvenile under 14 years of age should not be restrained unless he/she is suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure him/herself, injure the officer, or damage property.

306.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person’s hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the [Department/Office]. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances. In most situations, handcuffs should be applied with the hands behind the person’s back. When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. In situations where one pair of handcuffs does not appear sufficient to restrain the person or may cause unreasonable discomfort due to the person’s size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility.

306.5 APPLICATION OF SPIT HOODS Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others. Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and so that the restrained person can breathe normally. Officers should provide assistance during the movement of a restrained person due to the potential for impairing or distorting that person’s vision. Officers should avoid comingling those wearing spit hoods with other detainees. Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed

Handcuffing and Restraints

and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated, including hair, head, and clothing, prior to application of a spit hood. Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use.

306.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg restraints, and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort, and mobility. Only [department/office]-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary.

306.7 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest, or transportation. Only restraint devices approved by the [Department/Office] shall be used. In determining whether to use the leg restraint, officers should consider: (a) Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a person. (b) Whether it is reasonably necessary to protect the person from his/her own actions (e.g., hitting his/her head against the interior of the patrol vehicle, running away from the arresting officer while handcuffed, kicking at objects or officers). (c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol vehicle).

306.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints, the following guidelines should be followed: (a) If practicable, officers should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. (b) Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (c) Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on their stomach for an extended period, as this could reduce the person’s ability to breathe. (d) The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on their stomach.

Handcuffing and Restraints

     (e)      The officer should look for signs of labored breathing and take appropriate steps to
              relieve and minimize any obvious factors contributing to this condition.

306.8 REQUIRED DOCUMENTATION If a person is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints. If a person is arrested, the use of handcuffs or other restraints shall be documented in the related report. Officers should document the following information in reports, as appropriate, when restraints other than handcuffs are used on a person: (a) The factors that led to the decision to use restraints. (b) Supervisor notification and approval of restraint use. (c) The types of restraint used. (d) The amount of time the person was restrained. (e) How the person was transported and the position of the person during transport. (f) Observations of the person’s behavior and any signs of physiological problems. (g) Any known or suspected drug use or other medical problems.

306.9 TRAINING The Training Sergeant should ensure that officers receive periodic training on the proper use of handcuffs and other restraints, including: (a) Proper placement and fit of handcuffs and other restraint devices approved for use by the [Department/Office]. (b) Response to complaints of pain by restrained persons. (c) Options for restraining those who may be pregnant without the use of leg restraints, waist chains, or handcuffs behind the body. (d) Options for restraining amputees or those with medical conditions or other physical conditions that may be aggravated by being restrained. (e) Proper placement of safely secured persons into an upright or seated position to avoid placement on the stomach for an extended period, as this could reduce the person’s ability to breathe.

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Control Devices and Techniques 308.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy.

308.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Benicia Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy.

308.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets.

308.4 RESPONSIBILITIES

308.4.1 WATCHCOMMANDER RESPONSIBILITIES The Supervisor may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training.

308.4.2 RANGEMASTER RESPONSIBILITIES The Rangemaster shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the Rangemaster or the designated instructor for a particular control device. The inspection shall be documented.

308.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices.

Control Devices and Techniques

Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Rangemaster for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage.

308.5 BATON GUIDELINES The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor.

308.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Supervisor, Incident Commander or Crisis Response Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed.

308.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public.

308.7.1 OC SPRAY Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor.

308.7.2 PEPPER PROJECTILE SYSTEMS Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

Control Devices and Techniques

Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy. Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect, whether or not the launcher was used. Unintentional discharges shall be promptly reported to a supervisor and documented on the appropriate report form. Only non-incident use of a pepper projectile system, such as training and product demonstrations, is exempt from the reporting requirement.

308.7.3 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel.

308.8 POST-APPLICATION NOTICE Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, officers should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that clean up will be at the owner’s expense. Information regarding the method of notice and the individuals notified should be included in related reports.

308.9 KINETIC ENERGY PROJECTILE GUIDELINES This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.

308.9.1 DEPLOYMENT AND USE Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. (b) The suspect has made credible threats to harm him/herself or others.

Control Devices and Techniques

     (c)      The suspect is engaged in riotous behavior or is throwing rocks, bottles or other
              dangerous projectiles at people and/or officers.
     (d)      There is probable cause to believe that the suspect has already committed a crime of
              violence and is refusing to comply with lawful orders.

308.9.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider such factors as: (a) Distance and angle to target. (b) Type of munitions employed. (c) Type and thickness of subject’s clothing. (d) The subject’s proximity to others. (e) The location of the subject. (f) Whether the subject’s actions dictate the need for an immediate response and the use of control devices appears appropriate. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed. Officers should keep in mind the manufacturer’s recommendations and their training regarding effective distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

308.9.3 SAFETY PROCEDURES Shotguns specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes them readily identifiable as such. Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the shotgun is in proper working order and the projectiles are of the approved type and appear to be free from defects. When it is not deployed, the shotgun will be unloaded and properly and securely stored in the vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun.

Control Devices and Techniques

Absent compelling circumstances, officers who must transition from conventional ammunition to kinetic energy projectiles will employ the two-person rule for loading. The two-person rule is a safety measure in which a second officer watches the unloading and loading process to ensure that the weapon is completely emptied of conventional ammunition.

308.10 TRAINING FOR CONTROL DEVICES The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. (a) Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (b) All training and proficiency for control devices will be documented in the officer’s training file. (c) Officers who fail to demonstrate proficiency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline.

308.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy.

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Conducted Energy Device 309.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of the conducted energy device (CED).

309.2 POLICY The CED is used in an attempt to control a violent or potentially violent individual. The appropriate use of such a device may result in fewer serious injuries to officers and suspects.

309.3 ISSUANCE AND CARRYING CEDS Only members who have successfully completed [department/office]-approved training may be issued and may carry the CED. The Rangemaster should keep a log of issued CED devices and the serial numbers of cartridges/ magazines issued to members. CEDs are issued for use during a member’s current assignment. Those leaving a particular assignment may be required to return the device to the [department/office] inventory. Officers shall only use the CED and cartridges/magazines that have been issued by the [Department/Office]. Cartridges/magazines should not be used after the manufacturer’s expiration date. Uniformed officers who have been issued the CED shall wear the device in an approved holster. Officers who carry the CED while in uniform shall carry it in a holster on the side opposite the duty weapon (Penal Code § 13660). (a) All CEDs shall be clearly distinguishable to differentiate them from the duty weapon and any other device. (b) For single-shot devices, whenever practicable, officers should carry an additional cartridge on their person when carrying the CED. (c) Officers should not hold a firearm and the CED at the same time. Non-uniformed officers may secure the CED in a concealed, secure location in the driver’s compartment of their vehicles.

309.3.1 USER RESPONSIBILITIES Officers shall be responsible for ensuring that the issued CED is properly maintained and in good working order. This includes a function test and battery life monitoring, as required by the manufacturer, and should be completed prior to the beginning of the officer’s shift. CEDs that are damaged or inoperative, or cartridges/magazines that are expired or damaged, shall be returned to the Rangemaster for disposition. Officers shall submit documentation stating the reason for the return and how the CED or cartridge/magazine was damaged or became inoperative, if known.

Conducted Energy Device

309.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the CED should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to: (a) Provide the individual with a reasonable opportunity to voluntarily comply. (b) Provide other officers and individuals with a warning that the CED may be deployed. If, after a verbal warning, an individual fails to voluntarily comply with an officer’s lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but is not required to, activate any warning on the device, which may include display of the electrical arc, an audible warning, or the laser in a further attempt to gain compliance prior to the application of the CED. The laser should not be intentionally directed into anyone’s eyes. The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the CED in the related report.

309.5 USE OF THE CED The CED has limitations and restrictions requiring consideration before its use. The CED should only be used when its operator can safely deploy the device within its operational range. Although the CED may be effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. If sufficient personnel are available and can be safely assigned, an officer designated as lethal cover for any officer deploying a CED may be considered for officer safety.

309.5.1 APPLICATION OF THE CED The CED may be used, when the circumstances reasonably perceived by the officer at the time indicate that such application reasonably appears necessary to control a person who: (a) Is violent or is physically resisting. (b) Has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, themself, or others. Mere flight from a pursuing officer, without additional circumstances or factors, is not good cause for the use of the CED to apprehend an individual. The CED shall not be used to psychologically torment, to elicit statements, or to punish any individual.

309.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the CED on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the potential risk of using the device. This includes: (a) Individuals who are known to be pregnant.

Conducted Energy Device

     (b)      Elderly individuals or obvious juveniles.
     (c)      Individuals with obviously low body mass.
     (d)      Individuals who are handcuffed or otherwise restrained.
     (e)      Individuals known to have been recently sprayed with a flammable chemical agent or
              who are otherwise known to be in close proximity to any known combustible vapor or
              flammable material, including alcohol-based oleoresin capsicum (OC) spray.
     (f)      Individuals whose position or activity is likely to result in collateral injury (e.g., falls
              from height, located in water, operating vehicles).

Any CED capable of being applied in the drive-stun mode (i.e., direct contact without probes as a primary form of pain compliance) should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions.

309.5.3 TARGETING CONSIDERATIONS Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the TASER device probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel.

309.5.4 MULTIPLE APPLICATIONS OF THE CED Once an officer has successfully deployed two probes on the subject, the officer should continually assess the subject to determine if additional probe deployments or cycles reasonably appear necessary. Additional factors officers may consider include but are not limited to: (a) Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications. (b) Whether the probes are making proper contact. (c) Whether the individual has the ability and has been given a reasonable opportunity to comply. (d) Whether verbal commands or other options or tactics may be more effective. Given that on certain devices (e.g., TASER 10™) each trigger pull deploys a single probe, the officer must pull the trigger twice to deploy two probes to create the possibility of neuro-muscular incapacitation.

309.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers should take appropriate actions to control and restrain the individual as soon as reasonably practicable to minimize the need for longer or multiple exposures to the CED. As soon as practicable, officers shall notify a supervisor any time the CED has been discharged. If needed for evidentiary purposes, the expended cartridge, along with any probes and wire, should

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be submitted into evidence (including confetti tags, when equipped on the device). The evidence packaging should be marked “Biohazard” if the probes penetrated the subject’s skin.

309.5.6 DANGEROUS ANIMALS The CED may be deployed against an animal if the animal reasonably appears to pose an imminent threat to human safety.

309.5.7 OFF-DUTY CONSIDERATIONS Officers are not authorized to carry [department/office] CEDs while off-duty. Officers shall ensure that CEDs are secured while in their homes, vehicles, or any other area under their control, in a manner that will keep the device inaccessible to others.

309.6 DOCUMENTATION Officers shall document all CED discharges in the related arrest/crime reports and the CED report forms. Photographs should be taken of any obvious probe impact or drive-stun application sites and attached to the CED report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, audible warning, laser activation, and arcing the device, other than for testing purposes, will also be documented on the report form. Data downloads from the CED after use on a subject should be done as soon as practicable using a [department/office]-approved process to preserve the data.

309.6.1 CED REPORT FORM As applicable based on the device type, items that shall be included in the CED report form are: (a) The brand, model, and serial number of the CED and any cartridge/magazine. (b) Date, time, and location of the incident. (c) Whether any warning, display, laser, or arc deterred a subject and gained compliance. (d) The number of probes deployed, CED activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications. (e) The range at which the CED was used. (f) The type of mode used (e.g., probe deployment, drive-stun). (g) Location of any probe impact. (h) Location of contact in drive-stun mode. (i) Description of where missed probes went. (j) Whether medical care was provided to the subject. (k) Whether the subject sustained any injuries. (l) Whether any officers sustained any injuries. The Training Sergeant should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Training Sergeant should also conduct audits of CED

Conducted Energy Device

device data downloaded to an approved location and reconcile CED report forms with recorded activations. CED information and statistics, with identifying information removed, should periodically be made available to the public.

309.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel or officers trained in probe removal and handling should remove CED probes from a person’s body. Used CED probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken. All persons who have been struck by CED probes or who have been subjected to the electric discharge of the device, or who sustained direct exposure of the laser to the eyes shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: (a) The person is suspected of being under the influence of controlled substances and/ or alcohol. (b) The person may be pregnant. (c) The person reasonably appears to be in need of medical attention. (d) The CED probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck). (e) The person requests medical treatment. Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/ or medical personnel and shall be fully documented in related reports. If an audio/video recording is made of the contact or an interview with the individual, any refusal should be included, if possible. The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the CED (see the Medical Aid and Response Policy).

309.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CED may be used. A supervisor should respond to all incidents where the CED was activated. A supervisor should review each incident where a person has been exposed to a CED. The device’s internal logs should be downloaded by a supervisor or Rangemaster and saved with the related arrest/crime report. The supervisor should arrange for photographs of probe sites to be taken and witnesses to be interviewed.

Conducted Energy Device

309.9 TRAINING Personnel who are authorized to carry the CED shall be permitted to do so only after successfully completing the initial [department/office]-approved training. Any personnel who have not carried the CED as a part of their assignments for a period of six months or more shall be recertified by a qualified CED instructor prior to again carrying or using the device. Proficiency training for personnel who have been issued CEDs should occur every year. A reassessment of an officer’s knowledge and/or practical skills may be required at any time, if deemed appropriate by the Training Sergeant. All training and proficiency for CEDs will be documented in the officer’s training files. Command staff, supervisors, and investigators should receive CED training as appropriate for the investigations they conduct and review. Officers who do not carry CEDs should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Training Sergeant is responsible for ensuring that all members who carry CEDs have received initial and annual proficiency training. Periodic audits should be used for verification. Application of CEDs during training could result in injuries and should not be mandatory for certification. The Training Sergeant should include the following training: (a) A review of this policy. (b) A review of the Use of Force Policy. (c) Performing weak-hand draws or cross-draws until proficient to reduce the possibility of unintentionally drawing and firing a firearm. (d) Target area considerations, to include techniques or options to reduce the unintentional application of probes to the head, neck, area of the heart, and groin. (e) Scenario-based training, including virtual reality training when available. (f) Handcuffing a subject during the application of the CED and transitioning to other force options. (g) De-escalation techniques. (h) Restraint techniques that do not impair respiration following the application of the CED. (i) Proper use of cover and concealment during deployment of the CED for purposes of officer safety. (j) Proper tactics and techniques related to multiple applications of CEDs.

309.10 SECTION TITLE

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Officer-Involved Shootings and Deaths 310.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of another action of an officer. In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy.

310.2 POLICY The policy of the Benicia Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner.

310.3 TYPES OF INVESTIGATIONS Officer-involved shootings and deaths involve several separate investigations. The investigations may include: • A criminal investigation of the suspect’s actions. • A criminal investigation of the involved officer’s actions. • An administrative investigation as to policy compliance by involved officers. • A civil investigation to determine potential liability.

310.4 CONTROL OF INVESTIGATIONS Investigators from surrounding agencies may be assigned to work on the criminal investigation of officer-involved shootings and deaths. This may include at least one investigator from the agency that employs the involved officer. Jurisdiction is determined by the location of the shooting or death and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths.

310.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS The investigation of any possible criminal conduct by the suspect is controlled by the agency in whose jurisdiction the suspect’s crime occurred. For example, the Benicia Police Department would control the investigation if the suspect’s crime occurred in Benicia. If multiple crimes have been committed in multiple jurisdictions, identification of the agency that will control the investigation may be reached in the same way as with any other crime. The investigation may be conducted by the agency in control of the criminal investigation of the involved officer, at the discretion of the Chief of Police and with concurrence from the other agency.

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Officer-Involved Shootings and Deaths

310.4.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS The control of the criminal investigation into the involved officer’s conduct during the incident will be determined by the employing agency’s protocol. When an officer from this [department/office] is involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy. Reques

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