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HomeMy WebLinkAboutItem 02 Annual Use of Force Report 2020{00019236:1} AGENDA ITEM SUMMARY Meeting Date: 4/19/2021 Meeting Type: Work Session Staff Contact/Dept.: Matt Neiwert/Police Staff Phone No: 541-726-3729 Estimated Time: 45 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging Partnerships and Resources ITEM TITLE: ANNUAL USE OF FORCE REPORT 2020 ACTION REQUESTED: Provide feedback on Springfield Police Department 2020 Annual Use of Force Analysis ISSUE STATEMENT: The Springfield Police Department 2020 Use of Force Analysis is the first annual report that provides a synopsis of the force used in the calendar year. ATTACHMENTS: Attachment 1: Use of Force Report DISCUSSION/ FINANCIAL IMPACT: The Springfield Police Department implemented a new use of force analysis report that provides a synopsis of the force used in the 2020 calendar year. The use of force incidents analyzed are officer responses to calls with a display of force requiring a supervisor’s review and report per the department’s Use of Force General Order, 1.5.1., which can be located on the City website at http://www.springfield-or.gov/wp- content/uploads/2021/04/FINAL-use-of-force-policy.4.12.2021.pdf The 2020 Use of Force Report was completed using the Springfield Police Department’s use of force data in our Records Management System (RMS). The Springfield Police Department’s sworn officers responded to 32,496 calls, resulting in 3,894 persons arrested, with 302 incidents in which force was used. The average number of uses of force per officer was 5.3. The median number of uses of force per officer was 2. It was determined that when comparing the volume of calls for service and actual arrests made by the Springfield Police Department to the number of use of force incidents, 7.75 percent of arrests required use of force and only .92 percent of calls for service required use of force ~ less than 1%. Beginning in 2021 the Force Review Committee will provide an additional level of review and make recommendations for any needed change in policy, supervision, training, and equipment, based upon their review of use of force reports. The committee will also provide a description of actions being taken by Springfield Police Department to reduce the need or perceived need to use force. The Department is also looking at purchasing a more robust and efficient software system to help track use of force incidents, identify trends, capture injuries, force contacts points, and early intervention warnings. The Department hopes that COVID-19 subsides enough in the coming year so that training opportunities will increase. We also plan to implement Body Worn Cameras in May 2021 and will analyze whether that has any impact use of force. We expect that the use of Body Worn Cameras will result in a reduction in Use of Force as the mere presence of a camera my deter combative/assaultive/resistive behavior by suspects, resulting in a lesser need by Officers to use force in arrest situations. 2020 Annual Use of Force Analysis SPRINGFIELD POLICE DEPARTMENT This report prepared by: Sergeant Michael Massey (Professional Standards) Judy Kenney (Police Office Supervisor) Attachment 1, Page 1 of 10 ATTACHMENT 1 2 Introduction The Springfield Police Department implemented a new use of force analysis report that provides a synopsis of the force used in the 2020 calendar year. The use of force incidents analyzed are officer responses to calls with a display of force requiring a supervisor’s review and report per the department’s Use of Force General Order, 1.5.1. A review of incidents of force may reveal patterns or trends that could indicate needs or modifications in training, equipment, and/or policy. The process of collecting and reviewing the reports is also critical to this analysis. In 2021, the Springfield Police Department (SPD) plans to research commercial off the shelf software that will help the department provide more in- depth review and analysis in future years. The Springfield Police Department used force in 302 incidents in 2020. Data was broken down in the following categories:  Breakdown and comparison by gender, race, and age  Level of force used  Number of suspects armed with a weapon, and type of weapon  Injuries to any person including officers which required medical treatment. Synopsis The 2020 Use of Force Report was completed using the Springfield Police Department’s use of force data in our Records Management System (RMS). The Springfield Police Department’s sworn officers responded to 32,496 calls, resulting in 3,894 persons arrested, with 302 incidents in which force was used. The average number of uses of force per officer was 5.3. The median number of uses of force per officer was 2. It is important to note that the Department of Public Safety Standards and Training (DPSST) and many agencies across the country do not include “handgun displayed” as a formal use of force for reporting purposes; however, SPD does include that as part of our use of force tracking. The display of a handgun is tracked as a use of force as it demonstrates a form of de-escalation in a potential deadly force confrontation in which this action often negates the need for a physical, hands on use of force by SPD Officers. In 2020, the Springfield Police Department had 60 instances when a handgun was displayed and was reported as the primary use of force to effect the arrest. It was determined that when comparing the volume of calls for service and actual arrests made by the Springfield Police Department to the number of use of force incidents, 7.75 percent of arrests required use of force and only .92 percent of calls for service required use of force ~ less than 1%. Attachment 1, Page 2 of 10 3 Policy Review and Revisions General Order 1.5.1 Use of Force is reviewed annually for accuracy to ensure department policy aligns with current best practice and updated laws. The policy was updated March 26, 2020 to include detention officers working in the Springfield Municipal Jail, adding a reference to the Inter-agency Deadly Force Investigation Team (IDFIT), and an updated supervisory reporting structure. In 2020 the City settled an officer involved shooting lawsuit with the Estate of Stacy (Patrick) Kenny. Part of that settlement included changes to General Order 1.5.1 Use of Force to emphasize de-escalation and reformulate the Use of Force Committee. The General Order was also revised to reflect the recent police reform legislation HB 4301. Policy changes regarding Use of Force Committee include the formation of a Force Review Committee, which will be appointed to review incidents when an officer’s use of force: (1) involves the intentional discharge of a firearm at another person, (2) causes death or serious physical injury by any means, (3) involves intermediate or serious force events in which a suspect or officer suffers a physical injury requiring medical treatment from a licensed medical provider,(4) involves any use of force referred by a supervisor for further investigation, or (5) involves an unintentional discharge of a firearm causing death or physical injury. The primary goals of the Committee are to thoroughly examine use of force incidents to identify areas for improvement in training, tactics, equipment or policy changes that will better prepare Department personnel for future use of force events and any reasonable alternatives to the actions taken that could potentially eliminate or reduce the likelihood of a use of the intermediate or greater level of force in the future. In order to ensure all Officers are familiar with changes in the policy, it is mandatory that all officers read the entire policy and acknowledge understanding. Further, shift commanders utilize briefing/roll call training to go over the changes. Additionally, Use of Force instructors incorporate the changes in upcoming officer training. The Department responded to an unprecedented number of protests in 2020 and the City commissioned an independent review of the demonstration on July 29, 2020. That report included several recommendations specific to use of force and those recommendations along with those in the the Kenny independent incident review will be evaluated and studied in the coming year. Attachment 1, Page 3 of 10 4 Breakdown and Comparison by Gender, Race and Age There were 302 total incidents of use of force; 74% of use of force incidents involved male subjects compared to 26% female subjects. Gender 2020 Male 228 75% Female 74 25% Total 302 100% During 2020, 94% of use of force incidents involving persons identifying as White, 2% involving Hispanic, 4% involving Black, and 1% involving Native American. The majority of subjects involved in a use of force incident were between the ages of 21-30 years. Race 2020 Native American 2 1% Black 13 4% Hispanic 5 2% White 282 94% Total 302 100% Age 2020 17 and Younger 19 6% 18 - 20 18 6% 21 - 30 107 36% 31 - 40 83 27% 41 - 50 44 15% 51 - 55 12 4% 56 and Older 19 6% Total 302 100% Attachment 1, Page 4 of 10 5 Suspects Armed During Arrests Of the 302 incidents of force, 24 arrests involved subjects who were armed with a deadly weapon during their encounter with officers. Type of Weapon 2020 Lethal Cutting Instrument 15 Handgun / Firearm Handgun Aggressive 8 Crowbar 1 Total 24 Level of Force Used The level of force used by officers was broken down into 16 different types, some of which are seldom utilized. Display of a weapon is defined as the pointing or otherwise plain-view display of an officer’s firearm or less lethal weapon at a person to gain compliance or in reasonable anticipation of use of force. Level of Force Used 2020 Arm Bar 4 1% Bent Wrist Lock 2 .5% Escort Hold 38 13% Firearm Discharged 1 .5% Firearm Displayed 60 20% Focused Blows 23 8% Hair Hold 12 4% K9 Bite 14 5% K9 Deploy 13 4% K9 Presence 3 1% Leg Sweep 24 8% Palm Heel Strike 1 .5% Push / Shove 89 29% Taser Deployed 7 2% Taser Displayed 10 3% Vascular Neck Restraint 1 .5% TOTAL 302 100% Attachment 1, Page 5 of 10 6 Total Arrests Versus Total Use of Force Incidents During 2020, officers used force 7.75% of the time when making an arrest. Percentage of Arrests Requiring Use of Force Arrested Subjects vs. Use of Force 2020 Persons Arrested Use of Force Incidents 3,895 302 Total Percentage 7.75% Total Calls for Service Versus Total Use of Force Incidents During 2020, officers responded to 32,301 calls for service wherein 302 incidents resulted in use of force = less than 1% of citizen contacts involved force by officers. Percentage of Calls for Service Requiring Use of Force Calls for Service vs. Incidents 2020 Calls for Service Use of Force Incidents 32,301 302 Total Percentage 0.93% Use of Force Training Continuing education for all Springfield Police sworn personnel on use of force occurs multiple times each year. DPSST requires eight hours of ongoing Firearms/Use of Force training each year. Also, all sworn personnel receive various use of force instruction during basic police training including case law, defensive tactics, baton, oleoresin capsicum spray (OC), handcuffing, firearms, less lethal, MILO, and more. In addition, officers receive 40 hours of Crisis Intervention Team (CIT) training with continuing education opportunities after the initial course. This training is done in collaboration with the National Alliance on Mental Illness (NAMI) and utilizes local resources and experts to include CAHOOTS. Attachment 1, Page 6 of 10 7 Due to COVID our ability to provide training was negatively impacted; however, we were able to provide the following use of force related training (beyond DPSST requirements): 3 hours Crowd Control (Use of Force) 4 hours Firearms 2 hours De-Escalation and Minimizing Use of Force 1 hours Suspects in Medical Distress The Department continually looks for balance between using de-escalation techniques, physical force, and control devices. Officers received situational scenario training during use of force in- service training in 2020. Tactics involving distance, communication, approach, resources, and reasonable force were all included in the trainings. These trainings provided officers tools to deal with potential hostile situations or events. Use of force training will continue to emphasize de‐ escalation techniques, control holds, proper use of control devices, and de-escalation tactics. Reporting In accordance with SPD Policy, any use of force by a member of this department 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 Professional Standards and Training office will review each incident involving use of force. Beginning in 2021 the Force Review Committee will provide an additional level of review and make recommendations for any needed change in policy, supervision, training, and equipment, based upon their review of use of force reports. The committee will also provide a description of actions being taken by Springfield Police Department to reduce the need or perceived need to use force. The Department is also looking at purchasing a more robust and efficient software system to help track use of force incidents, identify trends, capture injuries, force contacts points, and early intervention warnings. Fatality There was one use of force incident that resulted in a fatality when an officer discharged his weapon. Pursuant to an IDFIT investigation, Lane County District Attorney Patty Perlow ruled that the shooting was a lawful use of force by the Officer. Attachment 1, Page 7 of 10 8 Injuries Most use of force incidents were resolved with no injury to an officer or the other person. Of the 302 use of force incidents, 27 resulted in injury to the suspect that required some sort of medical treatment or evaluation on scene by EMS/medic, without transportation to hospital for treatment by physician. Nature of Injury to Other Person Type of Force Used Broken Bone(s) K9 Broken Bone(s) Focused Blows Fatal Firearm Discharged K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 K9 Bite K9 Laceration Focused Blows Laceration K9 Deploy Laceration Push/Shove Laceration Taser Deployed Laceration Push/Shove Laceration Focused Blows Laceration Focused Blows Laceration Focused Blows Pain but no diagnosed injury Push/Shove Pain but no diagnosed injury Focused Blows Bruising & Swelling Taser Deployed Unconsciousness Vascular Neck Restraint Attachment 1, Page 8 of 10 9 Officer Injury During 2020, there were 8 injuries to officers during the course of an arrest or encounter, resulting in the need for medical treatment. Nature of Injury to Officer Type of Force Used Cut on elbow & hand; Blood Exposure Focused Blows Pain and soreness in hand Focused Blows Knife puncture wound to hand; blood exposure Leg Sweep Suspect bit officer Taser Deployed Blood exposure Firearm Discharged Cut on arm and blood exposure Push/Shove Injury to hand, laceration Focused Blows Injury to left calf Push/Shove Trends and patterns for these incidents are:  Calls resulting in Assault on a Police Officer stemmed from both dispatched calls for service and officer initiated contacts or investigations.  Twelve incidents involved the subject punching or kicking at the officer.  Eight incidents required medical treatment for the officer as a result of injury.  Most incidents mentioned above occurred during a stop or an arrest of a subject. Prior to the detention or stop, most of the subjects displayed some type of fight or flight behavior.  Continued defensive tactics training, CIT training, and de-escalation training in multiple officer arrests and detentions could help officers prepare for these cases.  Future Use of Force Analysis reports will assist in seeing trends and patterns Conclusion and Recommendations 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. The Department hopes that COVID-19 subsides enough in the coming year so that training opportunities will increase. We also plan to implement Body Worn Cameras in 2021 and will analyze whether that has any impact use of force. We expect that the use of Body Worn Cameras will result in a reduction in Use of Force as the mere presence of a camera my deter combative/assaultive/resistive behavior by suspects, resulting in a lesser need by Officers to use force in arrest situations. Attachment 1, Page 9 of 10 10 The Springfield Police Department’s recommendations with regard to use of force for the coming year are to evaluate the recommendations made in the Thurston Demonstration and Kenny independent incident reviews. We also plan to investigate commercial software to help the Department track and analyze use of force and further refine this report based on the City Council direction and implement the new Use of Force Policy. Attachment 1, Page 10 of 10