A sergeant shall respond without unnecessary delay to any incident involving reportable force and advise the watch commander or supervising lieutenant of any reportable force incident. Sergeants who planned, directed, or participated in the use of force should not investigate the incident.
With respect to any force incident, unless otherwise directed by the watch commander an uninvolved sergeant shall do the following:
In incidents involving the Total Appendage Restraint Procedure (TARP), the sergeant shall document the following information in the “Incident Details” section of the SH-R-438S, if possible:
For additional information, refer to Manual of Policy and Procedures (MPP) section 3-01/110.22, “Total Appendage Restraint Procedure.”
If the force incident is a category 3 force incident that results in a response from the Internal Affairs Bureau (IAB) Force/Shooting Response Team, the sergeant's or immediate supervisor's function shall be limited to:
Unless otherwise specifically directed by the watch commander/supervising lieutenant, members (including supervisors) who directed force shall complete a written first report of the force incident prior to the member going off duty, unless exigent circumstances exist. If exigent circumstances exist, reasons for the delay shall be documented.
Sergeants reviewing reports or memos regarding force incidents shall ensure that all pertinent information is contained in them. Particular attention should be given to the tactics leading up to the use of force, attempts to resolve the situation without force, the description of the use of force, observable or otherwise obvious injuries, and the inmate’s actions that led to the use of force. The sergeant shall ensure that copies of such reports or memos are forwarded to the concerned watch commander/supervising lieutenant for inclusion in the force package.
The watch commander/supervising lieutenant shall, with extreme priority, personally examine any inmate upon whom force has been used and, except in category 3 force incidents, interview the inmate regarding the incident.
Personnel involved in a use of force, including participants, witnesses, and supervisors directing force, shall not be present when the interview is requested or conducted without approval from the on duty watch commander. If exigent circumstances require their presence, detailed justification shall be made in all supervisors’ subsequent reports.
When interviewing inmates regarding use of force incidents, the watch commander/supervising lieutenant shall ask the inmate if they have any injuries, the nature of the injuries, and if they were medically treated. These questions must be asked whether or not the inmate has any apparent injuries (refer to MPP section 3-10/105.00 “Medical Treatment and Transporting Suspects”). If the inmate is taken to a medical facility for examination or treatment, the watch commander/supervising lieutenant shall ensure that a supervisor interviews the examining physician or qualified medical personnel as to the extent of the injuries, or lack thereof, and whether the injuries are consistent with the force reported.
The watch commander/supervising lieutenant shall ensure that the interview of the inmate is recorded on video and, if appropriate, photographs are also taken, paying particular attention to any known or alleged areas of injury (obtain inmate consent for photographing injuries hidden by clothing). Where practical, the inmate should not be interviewed during actual medical treatment. Prior to beginning the interview, the time, date and location of the interview shall be clearly stated, along with the names, ranks, and employee numbers of all persons present.
When an inmate must be transported to Los Angeles County + University of Southern California (LAC + USC) Medical Center or an alternate hospital for treatment, the watch commander or supervising lieutenant shall arrange to interview the inmate at the hospital.
After interviewing an inmate in incidents involving directed or planned force, the watch commander/supervising lieutenant shall determine who should complete the initial investigation. Sergeants who planned, directed, or participated in the use of force shall not complete the investigation of the incident. If a non-involved sergeant is not available, the initial investigation should be completed by the watch commander/supervising lieutenant. The supervisor who directed the force shall prepare a supplemental report, or memo, detailing their actions for inclusion with the force package.
Except in the case of an IAB Force/Shooting Response Team rollout, in situations involving very large numbers of potential witnesses, the watch commander or supervising lieutenant shall determine the appropriate scope of the witness canvass that would be necessary to sufficiently document the force incident.
In cases where a supervisor has reviewed video of an incident and determined that there is evidence of apparent misconduct, or it appears that a Department member failed to make proper notifications of the incident, the watch commander/supervising lieutenant shall determine the nature and seriousness of the matter. The watch commander/supervising lieutenant shall then contact the unit commander, who shall decide if an administrative or criminal investigation is warranted, including the necessity for an immediate response by IAB or ICIB. If an administrative or criminal investigation is initiated, then the force investigation will be conducted as part of that investigation. If it is determined that an administrative or criminal investigation is not warranted, then the force investigation shall be completed by the watch commander/supervising lieutenant. If an involved employee is not allowed to view video of an incident due to possible misconduct, the watch commander/supervising lieutenant shall notify the member he or she may be subject to an investigation.
The watch commander/supervising lieutenant shall prepare and submit a force package to the unit commander for all reviews of force not conducted by an IAB Force/Shooting Response Team as soon as possible, but no later than 21 days after the incident, unless otherwise directed. In reviewing Department members’ force reports, the watch commander/supervising lieutenant shall determine whether the reports reflect individual perceptions and recollections and do not contain language or verbiage that would suggest inappropriate collaboration. The watch commander/supervising lieutenant is responsible for detailing the results of his or her review and recommendation as to whether further action or investigation is warranted in the appropriate section of the SH-R-438S.
The force package shall include the following items:
The watch commander/supervising lieutenant is responsible for making an immediate verbal notification to the on call IAB lieutenant in any of the following situations:
The IAB lieutenant shall determine whether the response of an IAB Force/Shooting Response Team is appropriate. If a response team is to be sent, the IAB lieutenant shall direct the watch commander/supervising lieutenant as to whether to conduct an inmate interview.
In any situation in which an IAB Force/Shooting Response Team responds to conduct a force review, the watch commander/supervising lieutenant shall cooperate with and assist team personnel in conducting the review. Neither the watch commander/supervising lieutenant nor the sergeant shall conduct an inmate interview unless directed to do so by the IAB lieutenant. A unit-level force package shall not be submitted on any force incident which is documented by IAB Force/Shooting Response Team personnel who have responded to the scene.
The watch commander/supervising lieutenant shall make an immediate verbal notification to the unit commander of any incident requiring an IAB Force/Shooting Response Team response. (Refer to MPP section 3-10/130.00 “Activation of an IAB Force/Shooting Response Teams.”) The watch commander shall respond to the location when an employee discharges a firearm, whether intentional or unintentional.
The involved employee’s unit commander shall verbally notify the Department duty commander or involved employee’s Division commander who shall then respond to the location (if within Los Angeles County) when the employee, on or off duty, intentionally discharges a firearm at a person, whether or not anyone is hit, as well as to any type of shooting by the employee which results in a person being hit. Exceptions must be approved by the involved employee’s division chief or division director.
The unit commander shall ensure that preliminary data is entered into the Preliminary Data Entry (PDE) system within the first 24 hours of the force incident, or as soon as possible thereafter.
The unit commander shall promptly evaluate all force packages and the watch commander/supervising lieutenant's findings concerning the use of force. The unit commander shall determine if further action or investigation is necessary.
In determining if further action or investigation is necessary, the unit commander shall consider:
There shall be a presumption that further investigation is necessary if an inmate sustains unexplained injuries or there is evidence that head strikes were used by Department members (whether by fists, knees, feet, or weapons) against a handcuffed inmate.
If further investigation is warranted, the unit commander may either initiate an administrative investigation or request an investigation by the ICIB, or both. The unit commander shall ensure that the member(s) who used force are notified as soon as possible in any case requiring further investigation.
Unit commanders shall hold supervisors accountable for the quality and timeliness of their investigations.
The unit commander shall ensure that unit-level force packages are completed, reviewed/approved, and processed in a timely manner. The unit commander shall ensure that unit personnel utilize a tracking system in order to track force packages.
The unit commander shall ensure that completed/approved force packages are either submitted to the Discovery Unit, or forwarded to division, as required below. Force packages not submitted to the Discovery Unit within 60 days will be considered overdue.
Involved employees are entitled to a copy of the completed SH-R-438S. The unit commander shall ensure that the involved employee(s) receive a copy, if so requested.
It is imperative that leaders of the Los Angeles County Sheriff’s Department be personally informed about issues involving the use of force.
Whenever a Department supervisor or manager prepares or receives an analysis, the concerned unit commander shall ensure that a copy of any analysis on systemic issues regarding use of force investigations or use of force trends in the unit commander's facility is delivered to the Office of the Sheriff and the Office of the Assistant Sheriffs.
To honor the Department’s commitment to transparency, the concerned unit commander shall also ensure that a copy of the analysis also is delivered to the Office of the Inspector General (OIG), and the Law Enforcement Division chief in the Office of the Los Angeles County Counsel.
The facility’s commander shall review all use of force incidents. The commander shall note their concurrence with the unit-level force review on the documents. In the event that the commander does not concur, they may specify to the unit commander the additional steps necessary to satisfactorily complete the package and, when warranted, request an administrative and/or criminal investigation. If the commander concurs but would like an additional review, they may request to have it scheduled by the Custody Force Review Committee (CFRC) if it has not already been scheduled, refer to CDM section, 7-07/020.00 Custody Force Review Committee.
Evaluations of force incidents should be reviewed as follows:
All Category 3 Force cases should be reviewed by the Executive Force Review Committee.