DENVER SHERIFF DEPARTMENT

Office of the Sheriff

Previous Revision

Current Revision

Department Order
5011
Annual Review

Pages: 39
Effective Date

Related Standards:
CRS: 35-42-115
ACA: 4-ADLF-2B-01, -04, -07, -08
CALEA: 1.3.1 -.13; 22.2.4
Related (referenced) Department Orders:
1115 Reporting System
2000 Exercise of Authority as a Peace Officer to Stop or Arrest Suspects
2005 Line of Duty Death
5013 Use of Restraints
5030 Training, Inspection, Qualification and Maintenance of Handguns and Shotguns
USE OF FORCE POLICY

1.

Purpose: The purpose of this order is to describe the Denver Sheriff Department policy
regarding the Use of Force, including the reporting of use of force incidents.

2.

Preamble: The Denver Sheriff Department (DSD) was created to serve the needs of the
people of Denver with its primary mission being the care, custody, and control of inmates.
To serve those needs and to carry out its mission, the DSD must maintain a strong, positive
relationship with the community and is committed to:

Valuing all human life and ensuring public safety and security for all;
Providing a safe environment for DSD personnel, the public, and inmates;
Executing its duties in a fair and humane manner; and
Respecting human rights, the dignity of every individual, and every individuals
right to be free from inappropriate force by any law enforcement officer.

The DSDs goal is to use force avoidance techniques to promote the safety of deputies,
inmates, and third parties and such techniques shall be used in lieu of force if time and
circumstances permit. Nevertheless, the DSD recognizes that, in some circumstances,
deputies are authorized to use force to accomplish legitimate law enforcement and
detention-related functions. The authority to use force is an extraordinary power that
must never be misused or abused. Accordingly, the community expects, and the DSD
requires that, when force is necessary, deputies use only the least amount of force
required to safely accomplish a legitimate law enforcement or detention-related function.
<CALEA 1.3.1>

All DSD personnel must maintain a professional demeanor; act in accordance with the
Departments Guiding Principles, values, and the provisions of this Use of Force Policy;
and be accountable for their actions. DSD management and individual deputies need to
be aware of the potential negative effects of use of force incidents and be empowered to
take appropriate action to mitigate these effects, including treating subjects, witnesses,
and others with professionalism and courtesy.
To accomplish the goals set forth in this preamble, DSD management must carefully
monitor deputies use of force to ensure that each and every use of force complies with all
provisions of this Use of Force Policy. Force that does not comply with the provisions of
this Use of Force Policy is considered inappropriate force. The use of inappropriate
force is prohibited by the Department. Failure to adhere to the provisions of this Use of
Force Policy will result in appropriate action as provided in the DSD Discipline
Handbook.
3.

Cancellation: This order supersedes all previous Department Orders regarding the Use
of Force and Use of Tasers/Electronic Control Devices. To the extent that any Denver
Sheriff Department order, directive, rule, regulation, DSD Discipline Handbook
provision, practice, training, or training material is found to be in conflict with this
policy, the provisions contained herein shall take precedence. DSD personnel who
become aware of such a conflict shall immediately inform their supervisor and the
Research and Development Unit of the conflict in writing. [Note: To avoid ambiguity or
confusion, this Policy does not reference Colorado state statutes or federal law relating to
the use of force by law enforcement. Instead, this Policy sets forth the parameters on use
of force permitted by the DSD, which comply with state and federal law.]

4.

General Use of Force Principles

A.

Definitions
(1)

Detention setting means the interior of a jail facility, including outdoor

areas within the facility or any secure area in which DSD holds detainees.

(2)

Deputy means any sworn member of the Denver Sheriff Department,

regardless of rank.

(3)

De-escalation means taking action or communicating verbally or nonverbally during a potential force encounter in an attempt to stabilize the
situation and to reduce the immediacy of the threat so that more time,
options, and resources are available to resolve the situation without the use
of force. De-escalation can also mean a deputys reducing or ending a use
of force after a threat has ceased or diminished.

(4)

Imminent event means a situation which requires the use of

reasonable and necessary force due to the conduct of an individual who
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is engaged in active aggression, aggravated active aggression, or selfinfliction of harm such that the individuals conduct poses an immediate
threat to safety or security and the circumstances do not permit planning a
course of action which may include the use of force.
(5)

Inappropriate attempted force is any attempt to use force that does

not make contact with the individual and fails to comply with the
standards established in this Use of Force Policy.

(6)

Inappropriate force is any use of force that fails to comply with the
standards established in this Use of Force Policy. [Note: This Use of
Force Policy does not use the terms excessive force and unnecessary
force.]

(7)

Less lethal force is any use of force which is unlikely, when properly
used, to result in serious bodily injury or death. This includes, but is not
limited to, open hand or closed hand contact, kicks, electronic devices,
distraction devices, impact devices, OPNs, chemical agents, and munitions
designed for less lethal impact.

(8)

Lethal force means force for which the natural and probable
consequence is to produce death regardless of whether the force does, in
fact, produce death. <CALEA 1.3.2> [Note: This definition differs from
the definition of deadly force set forth in C.R.S. 18-1-901(3)(d).]

(9)

Planned course of action means a plan that has been approved by a

supervisor to address a situation in which a deputy needs either to remove
an inmate from a confined space or to otherwise enter that confined space,
and the inmates history or current conduct poses a potential threat to the
deputy. Due to the potential threat posed by the inmate, reasonable and
necessary force may be contemplated as part of the planned course of
action but shall be used only if other means of gaining control over the
inmate without force are not successful or practical. [Note: This definition
and concept apply specifically to the detention setting. However, as noted
in the Tactical Options section of this Use of Force Policy, planning a
course of action may be helpful in settings outside a detention facility.]

(10)

Reasonable and necessary is a standard which requires deputies to

determine:
A.

Whether force can be avoided by utilizing tactical options,

de-escalation techniques, or other non-force options and, if
so, to use such non-force options and techniques; and

B.

If force is to be used, the least amount of force necessary to

safely accomplish a legitimate law enforcement or
detention-related function.

[Note: DSDs reasonable and necessary standard restricts the use of

force more than the objective reasonableness standard articulated by the
U.S. Supreme Court, federal law, and Colorado state law authorizing use
of force by a law enforcement officer. Thus, any use of force that
complies with the reasonable and necessary standard under this Policy
will also comply with the objective reasonableness standard established
by law.]

B.

(11)

Serious bodily injury means a serious impairment of a physical

condition, including but not limited to injuries which involve: a substantial
risk of death, a substantial risk of serious permanent disfigurement, a
substantial risk of protracted loss or impairment of the function of any part
or organ of the body, breaks, fractures, burns of the second or third degree,
or loss of consciousness. [Note: This definition of serious bodily injury
differs from the definition set forth in C.R.S. 18-1-901(3)(p).] <CALEA
1.3.2>

(12)

Use of force means any physical force, less lethal or lethal, used against
another individual or animal (see section 4(C) below, control options 3
10). <CALEA 1.3.5> Use of force does not include: (a) accidental
discharges of less lethal or lethal devices when those discharges do not
occur in conjunction with a use of force as defined herein; or (b) placing
of handcuffs, shackles, or other restraint devices on an unresisting
individual.

Types of Resistance
Types of resistance are ways in which an individual: (i) signals an unwillingness
to comply with orders; (ii) obstructs a deputys attempts to have the individual
comply with orders; or (iii) physically attacks a deputy. Types of resistance
include:
(1)

Psychological intimidation, which consists of non-verbal cues in attitude,

appearance, demeanor, or posture that indicate an unwillingness to
cooperate, or a threat.

(2)

Verbal non-compliance, which consists of verbal responses indicating an

unwillingness to comply with a deputys directions or a threat to injure a
person without the present ability to carry out the threat or assault.

C.

(3)

Passive resistance, which consists of physical actions that prevent a

deputys attempt to control an individual, including, but not limited to, an
individual who remains in a limp, prone position.

(4)

Defensive resistance, which consists of physical actions that attempt to

prevent a deputys control, including flight or attempt to flee, but do not
involve attempts to harm the deputy.

(5)

Active aggression, which consists of a credible verbal or non-verbal

threat or overt act of an imminent assault, coupled with the present ability
to carry out the threat or assault.

(6)

Aggravated active aggression, which consists of a credible threat or

overt act of an imminent assault involving lethal force coupled with the
present ability to carry out the threat or assault. [Note: This definition
includes actions that, based upon the totality of the circumstances, could
reasonably be believed to endanger the life of a deputy or third person.]

Control Options
Control options are broad categories of influence and/or force in identifiable,
escalating stages of intensity. Control options include:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

Command presence
Verbal commands/voice
Control holds and/or compliance holds
Restraint devices, only when used with a resisting individual (i.e., OPNs
when used to restrain an individual, handcuffs, or shackles)
Strikes and/or kicks
Chemical agents (i.e., OC Spray, others)
Impact weapons (including batons and OPNs)
ERU weapons including, but not limited to, CS gas, sting ball grenades,
explosive distraction devices, bean bag, rocket and hornets nest rounds,
various 40 mm rounds, and drag stabilizers
Electronic Control Devices (ECD) (i.e., Tasers, others)
Lethal force

If time and circumstances permit, tactical options, de-escalation techniques,

and/or control options such as command presence and verbal commands/voice
(control options 1 and 2, above) shall be used prior to using other control options
involving the use of force (control options 3 10, above). This list of control
options is not intended to suggest the order in which these use of force/control
options shall be used in any particular situation or incident.

D.

Tactical Options
Tactical options involve any number of physical actions or maneuvers, which are
designed to increase the likelihood of safely handling a potential use of force
situation while attempting to reduce the need for physical force or the amount of
force necessary. If time and circumstances permit, when properly employed and
adapted to the particular circumstance, location, or threat being faced, tactical
options may:

Enhance the safety of deputies, individuals, and the public;

Avoid exposing deputies and others to unnecessary risk or injury;
Avoid creating or contributing to a situation where the likelihood of the
need for force is increased;
Slow down the immediacy of the threat, allowing more time for the
consideration of other options and the use of de-escalation techniques;
Allow deputies to better react to movement by the threatening subject;
Help establish and maintain safe distance;
Prevent or hinder the threatening subjects ability to advance toward the
responding deputy; and
Contribute to better decision-making and the exercise of more prudent
judgment.

Tactical options include, but are not limited to:

(1)

Planning prior to confronting an anticipated threat, including, but not

limited to, a Planned Course of Action. (See section 6 of this Policy
Planned Course of Action or Imminent Event in the Detention
Setting.)

(2)

Approach Cautiously responding to a threat or potential threat; being

aware of surrounding circumstances; and avoiding rushing into a situation
unnecessarily.

(3)

Communication Effectively communicating with the subject and other

involved deputies.

(4)

Positioning Establishing a position which allows a deputy to more safely

engage and react to the threat or potential threat.

(5)

Movement and Repositioning Moving and changing positions, including

movement to the rear to increase time, distance, and safety.

(6)

Using Barriers Using existing obstructions or placing obstructions

between a deputy and the threat or potential threat.

(7)

Containment Confining the threat to a specific area.

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(8)

Using Cover The use of any structure, vehicle, or other object to protect
the deputy against the weapon employed by the threat or potential threat.

(9)

Concealment Approaching or engaging the threat or potential threat

from a position which limits the threatening individuals view of the
responding deputy.

(10)

Seeking Additional Assistance Requesting assistance, such as a

supervisor and additional deputies and/or civilian employees with
specialized training, such as mental health professionals or deputies
trained in crisis intervention; or requesting specialized equipment.

(11)

Disengagement Temporary or permanent withdrawal from confronting

the threat or potential threat for tactical or other safety-related reasons.

When feasible, tactical options shall be used in combination with de-escalation

techniques. (See section 5 of this Policy De-escalation and Other Alternatives
to Using Force.)
E. Requirement for All Uses of Force
All uses of force must be reasonable and necessary as that term is defined in
this Use of Force Policy and must comply with all provisions of this Policy.
5.

De-escalation and Other Alternatives to Using Force

If time and circumstances permit, prior to using force, deputies shall use de-escalation
techniques in an attempt to resolve the situation through voluntary compliance. Deescalation furthers deputy, inmate, and public safety.
A.

De-escalation techniques are verbal strategies and actions to try to calm

potentially volatile situations. De-escalation techniques may include, but are not
limited to, orders, warnings, verbal persuasion or verbal judo, crisis intervention
training techniques, or any other verbal or nonverbal strategies designed to
encourage compliance.

B.

When using de-escalation techniques, a deputy should recognize that his/her

conduct and attitude may be factors that can influence the conduct and attitude of
the individual and, therefore, the potential success of resolving the situation
without the use of force.

C.

When an individual fails to comply with an order or command, unless immediate

action is necessary to ensure the safety of inmates, staff, and third persons, force
shall not be a deputys first response. If time and circumstances permit, de-

escalation techniques or other non-force options shall be used as an alternative to

force. Examples include:
(1)

Attempting to verbally persuade the individual to comply by acting and

speaking in a calm and deliberate manner.

(2)

Keeping a safe distance from an individual to minimize the likelihood of a

confrontation.

(3)

Listening to an individual and seeking his/her cooperation.

(4)

Explaining the consequences to the individual if he/she continues to

engage in inappropriate conduct.

(5)

Requesting the assistance of a supervisor and additional staff (such as

medical staff or other deputies, including CIT-trained deputies).

(6)

Temporarily disengaging communications with the individual to

determine if the individual will decide on his/her own, within a reasonable
period of time, to comply with a previous order.

[Note: There may be circumstances in which warnings and other non-force

alternatives such as attempting to verbally persuade an individual into compliance
are impractical, ineffective, or not reasonably available. Further, even when such
non-force alternatives are used, the situation may suddenly change such that
deputies may need to use physical force very quickly. Under such circumstances,
deputies are not required to exhaust or continue attempting de-escalation
techniques or other non-force alternatives prior to using force.]
6.

Planned Course of Action or Imminent Event

A.

General Principles regarding Planned Course of Action and Imminent

Event
(1)

In a detention setting, deputies are faced daily with situations in which

decisions must be made concerning how to respond to potential threats
from inmates. Some of those situations provide an opportunity for a
deputy to confer with a supervisor and other persons to create a planned
course of action, which is discussed in section 6(B) below.

(2)

A much different situation exists during an imminent event. When an

imminent event occurs, a deputy may immediately respond with
reasonable and necessary force because there is no time to use deescalation techniques or to plan a course of action. An imminent event
is described in section 6(C) below.

B.

(3)

Some situations that occur in a detention setting may not allow for the
opportunity to create and implement a planned course of action but also
will not be an imminent event that requires the deputy to immediately
respond with reasonable and necessary force. Those situations are
described in section 6(D) below.

(4)

All planned courses of action must comply with DSD policies and
directives.

Planned Course of Action

(1)

A situation that allows for a planned course of action occurs in a

detention setting when:
(a)

An inmate is in a confined area (such as a cell);

(b)

A deputy needs to remove the inmate from the confined area or

needs to enter the confined area for some other reason; and

(c)

The inmates mental/medical history, past conduct, or present

conduct makes it foreseeable that, when the deputy attempts to
remove the inmate or otherwise enter the confined area, the deputy
may need to use reasonable and necessary force against the
inmate.

(2)

Prior to taking any action, the deputy must contact a supervisor to create a
planned course of action. A supervisor must approve the planned
course of action.

(3)

A plan shall be formulated concerning how to proceed, including:

(a)

Determining how the situation may be resolved pursuant to policy

and without resorting to force; and

(b)

To the extent that force may be necessary, determining reasonable

and necessary force options to achieve immediate control of the
inmate.

(4)

In certain circumstances, the passage of time may alleviate the need for
using force. Therefore, supervisors must consider the exigency and
importance of the need to use reasonable and necessary force prior to
approving any planned course of action.

(5)

As part of the planned course of action, the parties shall identify one or
more staff members to first attempt to obtain the inmates voluntary
cooperation. Only if the inmates voluntary cooperation cannot be
9

obtained, may a deputy implement a planned force option which is

reasonable and necessary under the circumstances.

C.

(6)

Not only must all planned courses of action be approved by a supervisor

prior to implementation, but a supervisor must also oversee the execution
of the plan.

(7)

The planned course of action shall be video and audio recorded during
implementation.

(8)

After the planned course of action has been completed, all persons
involved shall participate in a debriefing session.

Imminent Event
(1)

The nature of an imminent event precludes a deputy from obtaining

prior supervisor approval because the individual is engaged in active
aggression or aggravated active aggression.

(2)

A deputy is authorized to use reasonable and necessary force during an

imminent event only when the circumstances necessitate an immediate
response to prevent or stop an individuals active aggression or aggravated
active aggression.

(3)

Examples of an imminent event include but are not limited to:

(a)
(b)
(c)
(d)

D.

A fight breaks out between individuals.

An individual physically attacks a deputy.
An individual possesses a weapon and the ability to use it.
An individual is engaged in conduct that poses a physical threat to
his/her own well-being.

Situations other than Planned Courses of Action and Imminent Events

(1)

Examples of situations that do not allow for, or require, creation and

implementation of a planned course of action but also are not imminent
events include but are not limited to the following:
(a)

A deputy needs to remove an inmate from a cell or needs to enter

the cell for some other reason; but there is no information
regarding the inmate which makes it foreseeable that the deputy
may need to use reasonable and necessary force.

(b)

While a deputy in a DSD intake area is processing a new inmate,

the inmate becomes verbally resistant to the deputys instructions,

10

but there is no need for the deputy to immediately respond with

force.

(2)

7.

(i)

Such a situation would likely not provide an opportunity

for the deputy to meet with a supervisor to create a
planned course of action because the new inmate would
not be in a confined area.

(ii)

Such a situation also would not constitute an imminent

event due to the lack of a need for the deputy to
immediately respond with force.

In situations that do not provide an opportunity to create a planned course

of action and are not imminent events, a deputy shall proceed, if
possible, by utilizing tactical options and de-escalation techniques that can
resolve the situation without resorting to the use of force. If force is
required, the deputy must use only reasonable and necessary force.

Availability, Control, and Use of Firearms and Less Lethal Devices <CALEA 1.3.9>
<ACA 4-ADLF-2B-04>.
Department procedures, such as this order and other Department Orders (such as D.O.
5013 - Use of Restraints and D.O. 5030 - Training, Inspection, Qualification and
Maintenance of Handguns and Shotguns) govern the availability, control, inspection, and
use of firearms and less lethal devices. These procedures also specify the level of
authority required for access to and use of the weapons. Therefore, chemical agents and
electrical disablers are used only as stated in Denver Sheriff Department policies and
with the authorization of the facility administrator or designee.

8.

Use of Force Other than Lethal Force

A.

When Force Other than Lethal Force May be Used

When it is reasonable and necessary to use force pursuant to this Use of Force
Policy, less lethal force may be used in the following circumstances:
(1)

To prevent physical harm to deputies, individuals, or third persons, when

there are no de-escalation techniques, tactical options, or other non-force
options reasonably available, practical, or effective; <ACA 4-ALDF-2B01>

(2)

To enforce rules, policies, regulations, statutory provisions, and/or court

orders, where non-force options have proven ineffective and there is an
immediate need for compliance;

11

B.

(3)

To prevent or stop the commission of crimes that pose a threat of physical

harm;

(4)

When an individual is engaging in active aggression or aggravated active

aggression;

(5)

To prevent the destruction of property that raises a significant safety or

security risk; <ACA 4-ALDF-2B-01>

(6)

To prevent or stop the throwing or projection of any bodily substance

including but not limited to saliva, blood, seminal fluid, urine, and feces;

(7)

To prevent an individual from inflicting self-harm; <ACA 4-ALDF-2B01>

(8)

To prevent the destruction of evidence of a crime. However, force may

not be used to prevent the destruction of such evidence when an individual
has already put the evidence into his/her mouth or is attempting to
swallow the evidence. In such circumstances, medical intervention shall
be sought rather than using force; or

(9)

To stop or arrest under the limited circumstances in which such stops or

arrests are authorized by the Executive Director of Safety in Department
Order 2000.1J, Exercise of Authority as a Peace Officer to Stop or Arrest
Suspects (or a Department Order that expressly supersedes Department
Order 2000.1J as to the exercise of authority as a peace officer to stop or
arrest suspects).

When Force May Not be Used

Deputies are prohibited from using force:
(1)

In response to an individuals verbal swearing, insults, or threats without

the present ability to carry out the threat.

(2)

To punish, degrade, humiliate, discipline, retaliate, improperly coerce,

discriminate against, or unnecessarily cause pain or injury to an individual.
<4-ALDF-2B-01>

(3)

After compliance or control of an individual has been obtained.

(4)

On a restrained individual, including an individual who is handcuffed,

except when: (i) it is reasonable and necessary to gain compliance; or
(ii) a circumstance exists that requires immediately stopping or preventing
a restrained individual from injuring someone, including himself/herself,
or escaping.
12

C.

Determining Whether to Use Force and the Least Amount of Force

Necessary to Accomplish a Legitimate Law Enforcement or DetentionRelated Function
(1)

Prior to using force, a deputy must consider whether using force is

reasonable and necessary. If using force is reasonable and necessary,
a deputy must determine what level and type of force is reasonable and
necessary, i.e., what is the least amount of force necessary to safely
accomplish the legitimate law enforcement or detention-related function.
In making these determinations, a deputy must consider the totality of the
circumstances, which may include, but are not limited to, the following:
(a)

The opportunity to avoid the use of force by attempting to safely

de-escalate the incident without the need for force.

(b)

Whether the individual poses an imminent threat of injury to

himself/herself, any deputy, or third persons. Above all, the safety
of the deputies, individuals, and public must be the overriding
concern whenever the use of force is considered.

(c)

Whether the individual is actively resisting

command/order or attempting to evade by flight.

(d)

The severity of the crime or act at issue.

(e)

The individuals apparent or known mental capacity or physical

condition, such as level of intoxication, physical impairment, level
of stress/agitation, or altered mental state.

(f)

The location where force might be used, including characteristics

such as lighting, physical layout, proximity of third parties, and
other factors such as weather and time of day.

(g)

The physical characteristics or abilities of the individual, such as

age, weight, gender, size, or other known capabilities that impact
the level of force which may be necessary to control the individual.

(h)

Information available to the deputy regarding the individuals

ability to understand and comply with the order.

(i)

Whether the individual is restrained and, if so, the nature of the

restraint.

lawful

In addition to an individuals willful noncompliance, there may be other reasons

an individual is non-compliant or unresponsive to a command or order. A
13

persons reasoning ability, mental condition/impairment, developmental

disability, physical limitation, language barrier, alcohol or drug intoxication, or
emotional crisis are some examples. To the extent that a deputy knows or has
reason to suspect that an individuals non-compliance is not willful, the known or
suspected reasons for the non-compliance shall be considered when determining
the least amount of force necessary to bring the person under control.
(2)

D.

If time and circumstances permit, deputies shall not use physical force
until the following conditions have been met:
(a)

A warning or command has been given and, if practical, repeated;

(b)

The individual has had a reasonable amount of time to comply

with the warning or command;

(c)

The individual has demonstrated through his/her conduct that

he/she understands, but will not comply with, the warning or
command; and

(d)

Additional non-force alternatives, including crisis intervention

techniques and specific de-escalation techniques, are not available
or have been unsuccessful and the situation cannot reasonably be
allowed to continue.

(3)

A deputy should remember that his/her conduct and attitude are factors
that may influence the conduct and attitude of the individual and,
therefore, the force option, if any, which is reasonable and necessary.

(4)

Both prior to and during a use of force incident, a deputy must continually
assess the threat posed by the individual. If the threat posed by the
individual decreases, the deputy shall immediately decrease the force
used. Once the individual is under control and the threat has ceased, force
shall immediately be discontinued.

Prohibition on Use of Carotid Compression Technique

The carotid compression technique is prohibited for less lethal situations.

E.

Use of Less Lethal Devices <CALEA 1.3.4> <ACA 4-ADLF-2B-04>

(1)

General Principles
(a)

A deputy must be properly trained and must demonstrate

proficiency in the use of electronic restraints, authorized impact
tools, chemical agents, and specialized deployment devices in
14

order to carry or use any of them in the performance of his/her

duties. <CALEA 1.3.10>
(b)

A deputy assigned to the Emergency Response Unit (ERU) must

also be trained and demonstrate proficiency in the use of ERUapproved devices.

(c)

A deputy must not use a less lethal device to:

(d)
(2)

(3)

(i)

Prod or jab an individual unless the individual is engaged in

active aggression or aggravated active aggression; or

(ii)

Awaken an unconscious or intoxicated individual.

All less lethal devices shall be kept in a secure location when not
in use.

Types of Less Lethal Devices

(a)

Electronic Devices include:

Electronic Restraint Devices

X26 and X26P Tasers

(b)

Impact and Chemical Devices include:

OPNs

Riot Batons

Authorized Chemical Agents

(c)

ERUApproved Devices include:

Riot Batons

CS Gas and Sting Ball Grenades

Explosive Distraction Devices

Bean Bag, Rocket and Hornets Nest Rounds

Various 40mm Rounds

Drag Stabilizers

12 gauge less lethal munitions

Less Lethal Devices

(a)

X26 and X26P Tasers:

(i)

General Principles
1.

Taser cartridges will be ordered only by the

commander of the Training Academy or designee
and dispersed as necessary to each facility. The
commander of the Training Academy or designee
15

will also be responsible for tracking new and used

cartridges, as well as all Taser units purchased by
the Department. <CALEA 1.3.9(E)>
2.

An inventory of ECDs and Tasers will be conducted

at least quarterly and recorded to determine their
condition. Additionally, the expiration dates of the
Taser cartridges will be checked. A copy of the
inventory will be sent to the commander of the
Training Academy. <CALEA 1.3.9(E)>

3.

ECDs and the X26 Taser must be in good working

order and checked routinely by qualified staff to
ensure they are properly functioning. <CALEA
1.3.9(c)>

4.

To be authorized to use a Taser, a deputy must

demonstrate, on an annual basis, proficiency in the
use of the Taser. <CALEA 1.3.10> Deputies
unable to demonstrate proficiency shall not be
authorized to use or carry the device until remedial
training has been completed and proficiency has
been demonstrated. <CALEA 1.3.11>.

5.

At the beginning of a deputys shift, the deputy

must conduct a spark test on the Taser for five (5)
seconds. The batteries must have at least 20%
power or must be replaced.

6.

Prior to using a Taser, a deputy shall communicate

in a clear and audible announcement, when
possible, that he/she is about to discharge the device
unless the individual immediately stops his/her
active aggression or aggravated active aggression.

7.

Also prior to using a Taser, a deputy shall consider

whether the individual has the ability to understand
and comply with the warning and has been given a
reasonable opportunity to comply.

8.

The target areas are below the individuals neck

area for back shots and the lower center mass
(below chest) for front shots. A deputy should aim
approximately three to five inches below the
sternum.

16

9.

The prohibited areas highlighted in yellow below

(sensitive areas of the body such as the head, throat,
chest/breasts, genitalia, spinal column, or known
pre-existing injury areas) should be targeted only
when a deputy is defending himself/herself or
others from aggravated active aggression.

10.

The Taser shall not be discharged near flammable

liquids or fumes, as an explosion or fire could
result.

11.

Any discharge of a Taser, including an accidental

discharge, shall be reported immediately to the
individuals supervisor.

12.

If the Taser is discharged, a Taser Usage Report

(see Appendix A) shall be completed.

13.

A copy of each Taser Usage Report shall be sent to

the Division Chief or designee of the facility and
the commander of the Training Academy.

14.

The information downloaded from the data port

shall be collected and attached to the Taser Usage
Report. Only a Taser instructor, facility Major, or
authorized Internal Affairs Bureau (IAB) personnel
are permitted to download information from the
data port.

15.

Multiple applications or continuous cycling of a

Taser resulting in an exposure longer than 15
seconds (whether continuous or cumulative) may
increase the risk of serious injury or death. Thus,
any person shall be tased with only one standard
cycle of the Taser (defined as both probes making
contact so as to create an electric current) unless
one or more additional cycles are reasonable and
necessary to protect an individuals life. The
stapling technique is permitted.
17

(ii)

16.

If the first discharge of the Taser appears to be

ineffective, the deputy shall consider whether the
probes are making proper contact.

17.

Probes/darts that have penetrated the skin must be

treated as bio-hazardous sharps and removed only
by medical personnel or deputies who are trained in
the use of the Taser. Protective gloves shall be
used. After removal, such probes/darts must be
placed in the spent cartridge, sharp down, and
disposed of in a sharps container.

18.

Any person who has been tased will be attended to

by medical personnel as soon as safely possible.

Authorized Uses for Tasers

1.

The Taser may be discharged only when it is

reasonable and necessary and an individual
engages in active aggression or aggravated active
aggression.

2.

If tactical and de-escalation options have been

ineffective, a Taser may be displayed (but not
pointed at an individual) only under the following
circumstances:
A.

When reasonably possible, a supervisor has

approved display of the Taser for a specific
situation;

B.

An individual engages in defensive

resistance or a higher level of resistance; and

C.

The individual is not known by the

supervisor and/or deputy to have mental
health issues or cognitive deficiencies that
impair the ability to understand or follow
commands.

D.

Under no circumstances shall the Taser be

discharged solely because the individual
fails to comply with a deputys instructions
unless the individual engages in active
aggression or aggravated active aggression.
18

3.

Use of a Taser against the following individuals is

to be avoided unless the individual is engaged in
aggravated active aggression and the circumstances
exclude lesser force alternatives:
A.
B.

Women known or believed to be pregnant;

Elderly individuals (age 70 or over), if
known;
Small children (age 12 or younger), if
known;
Individuals known to have a heart condition;
Other at-risk individuals (including, but not
limited to, someone who appears to be frail
or obese), if known. <ACA 4-ADLF-2B04>

C.
D.
E.

(iii)

Unauthorized Uses for Tasers

Tasers shall not be discharged:
1.

To counter the following types of resistance:

A.
B.
C.
D.

(b)

Psychological intimidation;
Verbal non-compliance;
Passive resistance; or
Defensive resistance (except for displaying
the Taser, as discussed above).

2.

To intentionally target sensitive areas of the body

such as the head, throat, chest/breasts, genitalia,
spinal column, or known pre-existing injury areas
(except when a deputy is defending himself/herself
or others from aggravated active aggression and no
other options are available).

3.

To playfully or maliciously display the Taser.

Orcutt Police Nunchakus (OPNs):

(i)

Authorized Uses for OPNs

OPNs may be used:
1.

In response to passive resistance or defensive

resistance;
19

(ii)

2.

For the purpose of passive/active escort techniques

(for resistance above verbal non-compliance);

3.

To apply control holds;

4.

As an impact tool (such as for striking or jabbing),

only on an individual who is engaging in active
aggression or aggravated active aggression; and

5.

To make someone release a hold on a fixed object.

Unauthorized Uses for OPNs

OPNs shall not be used:
1.

In response to psychological intimidation or verbal

non-compliance;

2.

As an impact tool on an individual who is not

engaging in active aggression or aggravated active
aggression except to make someone release a hold
on a fixed object; or

3.

When lethal force is not authorized under this Use

of Force policy:
A.
B.

(c)

To choke an individual; or
To strike an individuals head, neck, throat,
collarbone, chest/breasts, genitalia, spinal
column, sternum, solar plexus, or kidney.

Authorized Chemical Agents:

(i)

General Principles regarding Authorized Chemical Agents

1.

Authorized chemical agents are non-lethal agents

which cause inflammation of the skin and mucus
membrane of an individual and have a natural base
as opposed to a chemical base.

2.

At the start of the deputys shift, the deputy shall

check the expiration date and serviceability of the
authorized chemical agent.
20

(ii)

3.

Prior to deploying an authorized chemical agent, a

deputy shall, if feasible without compromising the
safety of the deputy or others, announce a warning
to the individual and other deputies of the intent to
deploy the authorized chemical agent if the
individual does not comply with the deputys
commands.

4.

The deputy shall then give the individual a

reasonable opportunity to voluntarily comply.

5.

Whenever possible, authorized chemical agents

shall be used upwind and relatively close to the
individual.

6.

Authorized chemical agents should not be aimed

directly at an individuals eyes. Deputies are
trained to apply chemical agents in a cross motion,
from the top of the forehead to the chin and across
the forehead, just above the eyes.

7.

It is the responsibility of the deputy deploying the

authorized chemical agents to ensure that
appropriate
decontamination
methods
are
undertaken to relieve the symptoms. Please refer to
sections 13(A)(2) and 13(B)(3).

Authorized Uses for Chemical Agents

Authorized Chemical Agents may be used:
1.

In defense of self or others when an individual is

engaged in active aggression or aggravated active
aggression.

2.

Use of authorized chemical agents against the

following individuals is to be avoided unless the
individual is engaged in aggravated active
aggression and the circumstances exclude lesser
force alternatives:
A.
B.

Women known or believed to be pregnant;

Elderly individuals (age 70 or over), if
known;
Small children (age 12 or younger), if
known;

C.

21

D.
(iii)

Individuals who are known or believed to

have asthma.

Unauthorized Uses for Chemical Agents

1.

Authorized chemical agents shall not be used in

response to the following of types of resistance:
A.
B.
C.
D.

(d)

Psychological intimidation;
Verbal non-compliance;
Passive resistance; or
Defensive resistance.

Riot Batons
(i)

General principles regarding Riot Batons

1.

The use of riot batons as impact weapons is a

serious use of force and such use must comply with
the standards set forth in this Use of Force Policy.

2.

Deputies (other than ERU deputies) shall use riot

batons only when riot batons are issued to them on a
need-to-use
basis
during
the
approved
circumstances below.

3.

Riot Batons may be used only during the following

situations:
A.
B.
C.
D.

(ii)

Controlling riot situations;

Crowd control;
Securing a perimeter; or
Prisoner escorts following a disturbance or
large scale shakedown.

Authorized Uses for Riot Batons

Riot batons may be used:
1.

To push individuals away from a location or to a

particular location, as the deputy advances,
regardless of the individuals type of resistance;

2.

To jab an individual only when that individual is

engaging in active aggression or aggravated active
aggression. Care will be taken to avoid jabbing the
22

head, neck, sternum, spine, groin, or kidneys, if

possible; and
3.
(iii)

To strike an individual, only when the individual is

engaging in aggravated active aggression

Unauthorized uses of Riot Batons

Riot batons shall not be used:
1.

9.

In response to psychological intimidation or verbal

non-compliance other than to push individuals away
from or to a particular location.

Physical Restraint of Individuals During and After a Struggle

A.

Deputies shall make every effort to avoid using their bodies in a way that could
restrict an individuals ability to breathe.

B.

When body weight is used in an attempt to control an individual who is resisting,

deputies shall immediately cease using body weight on an individuals back,
head, neck, or abdomen once that individual is restrained.

C.

In general, the less resistance offered by the individual, the less body weight a
deputy or deputies should apply to the individuals back, neck, or abdomen.

D.

An individuals head may be controlled so long as the individual is physically

resisting and poses a demonstrable threat of physical harm to a deputy,
himself/herself, or third persons.

E.

As soon as possible after an individual has been handcuffed and has stopped
resisting, the individual should be turned onto his/her side or allowed to sit up.
Deputies shall make all reasonable efforts to ensure that an individual is not left in
a prone position once he/she is in restraints.

F.

Even though an individual can speak during or after a struggle, he/she may still be
experiencing problems breathing. If an individual indicates that he/she is having
difficulty breathing, the individual shall be considered to, in fact, be having
difficulty breathing. Once the individual is restrained, medical assistance shall be
sought immediately. The individual should be monitored carefully while waiting
for medical assistance to arrive.

23

10.

Use of Lethal Force

A.

General Principles regarding Use of Lethal Force

(1)

The use of lethal force is, in all probability, the most serious act in which a
deputy could engage.

(2)

A deputy shall not use lethal force in the performance of his/her duties
except as provided in this Use of Force Policy.

(3)

Examples of lethal force include:

(a)
(b)
(c)
(d)

(4)

When feasible, a deputy shall provide a warning before engaging in the

use of lethal force by:
(a)
(b)
(c)

(5)
B.

Intentional discharge of a firearm;

Head strike(s) with impact weapons;
Kick(s) delivered from a standing position to an individuals head;
and
Deliberately or recklessly causing an individuals head to hit a
hard, fixed object (e.g., concrete floor, wall, jail bars).

Identifying himself/herself as a deputy;

Giving the command to be followed; and
Stating the intention to shoot if the individual does not comply
with the command.

Safe handling of firearms is required of all members of the Denver Sheriff

Department.

Authorized Use of Lethal Force

(1)

(2)

When the use of lethal force is reasonable and necessary, a deputy may
use lethal force on an individual:
(a)

To defend himself/herself or a third person from the use or

imminent use of lethal force <CALEA 1.3.2> <ACA 4-ADLF-2B08(E)>; or

(b)

To prevent the escape from custody of a person whom the deputy

reasonably believes is attempting to escape by the use of a lethal
weapon.

Shooting at or from Moving Vehicles

(a)

For the following reasons, firing at moving vehicles is prohibited

24

unless lethal force is being used against a deputy or other person

present by means other than the moving vehicle:

C.

(i)

Firing at a moving vehicle may have very little impact on

stopping the vehicle.

(ii)

Disabling the driver may result in an uncontrolled vehicle,

thereby causing the likelihood of injury to bystanders or
occupants of the vehicle (who may not be involved in the
crime) to be increased when the vehicle is either out of
control or shots are fired into the passenger compartment.

(b)

Deputies shall exercise good judgment and not move into, or

remain in, the path of a moving vehicle. Moving into or remaining
in the path of a moving vehicle, whether deliberate or inadvertent,
shall not be justification for discharging a firearm at the vehicle or
any occupant. A deputy in the path of a vehicle shall attempt to
move to a position of safety rather than discharging a firearm at the
vehicle or any of the occupants.

(c)

It is understood that the policy in regards to discharging a firearm

at a moving vehicle, like all written policies, may not cover every
situation. Any deviations shall be examined rigorously on a caseby-case basis.

(d)

Only if assisting another law enforcement agency may deputies

immediately approach a stopped vehicle at the conclusion of a
pursuit or other high-risk stop. [Note: Deputies are not permitted
to use a Department vehicle or any other vehicle to pursue another
vehicle.]

(e)

Firing from a moving vehicle: Accuracy may be severely impacted

when firing from a moving vehicle, and firing from a moving
vehicle may increase the risk of harm to deputies or other citizens.
Deputies should not fire from a moving vehicle except in selfdefense or defense of another from what the deputy reasonably
believes to be the use or imminent use of lethal force.

Unauthorized Uses of Lethal Force

(1)

A deputy shall not discharge a firearm:

(a)

At an individual unless one or more of the circumstances in section

10(B)(1) above are met.

(b)

As a warning or attention shot. <CALEA 1.3.3>

25

(c)
D.

At or from a moving vehicle, including the tires of the vehicle,

except as authorized above.

Protocol following Firearm Discharge

(1)

(2)

The following protocol shall be followed when a firearm is discharged:

(a)

A deputy shall immediately request medical attention for an

injured individual and contact the local law enforcement agency
(911). All DSD personnel must cooperate fully with the local law
enforcement agency.

(b)

A deputy shall also contact the DSD duty supervisor and dispatch
as soon as the situation has stabilized.

(c)

The DSD duty supervisor shall notify DSD command staff and
DSD IAB.

(d)

DSD command staff shall notify the Sheriff, Executive Director of

Safety, and Office of the Independent Monitor.

(e)

All weapons shall be maintained at the completion of the shooting

event, making no changes to the weapons except to make the
weapons safe. The involved deputy shall maintain custody of
his/her firearm until relinquished to the local jurisdictions crime
laboratory personnel or designee, who will make arrangements to
loan the deputy a replacement weapon.

(f)

Each involved deputy and DSD personnel who witness any portion
of the incident shall submit documentation (an individual statement
or report) detailing his/her actions and observations.

(g)

Except when a firearm is discharged to obtain a humane ending for

a wild animal suffering from serious injuries, a DSD representative
shall respond to any incident in which a firearm is discharged.

(h)

I-Call communication is prohibited when a deputy is involved in

an emergency situation.

The following additional protocol is in effect when a deputy-involved

shooting occurs and any person is killed or wounded.
(a)

No involved deputy shall accompany the victim/officer to the

hospital.

26

(b)

(3)

11.

If the victim is a law enforcement officer from an agency other

than DSD, DSD shall notify the victim officers agency if no one
from the victims agency is available to do so.

The responsibilities of the ranking DSD deputy at the scene of a DSD

deputy-involved shooting include, but are not limited to, the following:
(a)

Protecting and preserving the crime scene, including determining

the area to be protected, and using appropriate personnel and
methods until the local law enforcement agency arrives. At that
time, control will be transferred to the local law enforcement
agency. Empty magazines, speed loaders, spent shell casings, etc.,
shall remain where found for crime scene documentation.

(b)

Assigning a DSD supervisor or designee to accompany or follow

the involved deputy or deputies to the local law enforcement
agency or medical facility and remain there with the involved
deputy or deputies, if DSD command staff so requests.

Duty to Intervene
A deputy who observes any other deputy using inappropriate force on any individual or
animal has a duty to intervene in order to stop that use of inappropriate force when
there is a reasonable opportunity to do so. Any DSD personnel who is aware of an
inappropriate use of force but who is not able to intervene shall promptly take other steps,
including reporting the inappropriate force to a supervisor.

12.

Use of Force on Animals

The Denver Sheriff Department understands that all animals, especially the domesticated
animal population of its citizens, have a right to life and further recognizes the
complexity of human-animal relationships. The Department specifically recognizes that
it is a policy of the State of Colorado to prevent, whenever possible, the shooting of
canines by law enforcement officers in the course of performing their official duties.
A.

Domesticated Animals
(1)

If time and circumstances permit, deputies shall give the domesticated

animals owner or caretaker a reasonable opportunity to control or remove
his or her animal from the immediate area before taking any enforcement
action.

(2)

When making this determination, deputies shall take the following into
account:
(a)

Their own safety;

27

(b)

The safety of other persons in the area;

(c)

The availability of non-lethal devices;

(d)

The feasibility of allowing the owner to control or remove the

animal, considering the totality of the circumstances, including
whether an animal control officer is present and whether the call is
at a location that is listed in the dangerous dog registry (created in
C.R.S. 35-42-115) or a location at which illegal narcotics are
suspected to be manufactured or trafficked; and

(e)

Any exigencies that may be present, such as knowledge that a

person has already been bitten by the animal or is in physical
danger.

(3)

In order to formulate the most appropriate response to an animal related

incident or situation, deputies should be mindful that often the size and/or
breed of the animal are inappropriate indicators of imminent danger of
attack. Therefore, deputies shall formulate an initial assessment of the
situation based upon the specific behavioral traits of the animal and the
surrounding environment.

(4)

The initial assessment shall include the deputys recognition of the facts
that domesticated animals are accustomed to human interaction and it is
common for a domesticated animal to run towards, jump, and/or make an
audible sound in order to greet a human.

(5)

When determining the most appropriate response, deputies must also

differentiate between common behaviors associated with domesticated
animals and behaviors that put the officer and/or other persons in
imminent danger of attack. Common canine behaviors include the
following:

Canines that are frightened often are low to the ground and have
their tail tucked between their legs and their ears may be flat
against the head.

Canines that are barking/lunging and restrained by a barrier (e.g.,

fence, chain, rope) are often the highest risk to bite due to the
canine feeling frustration at not being able to access the human
and/or feeling territorial over the space. The best strategy in such
circumstances is to maintain a safe distance.

28

B.

An unrestrained canine that communicates by barking/lunging is

conveying a warning, not necessarily intent to bite; however, if the
warning is not heeded, the canine may be likely to bite.

Canines are stimulated by quick movement and will chase any

rapidly moving object. Thus, running from a canine stimulates
chasing behavior and may escalate to grabbing and biting. Often,
this is not aggression, but rather a game for the canine.

Canines that are snarling (tensing their lips to expose their teeth)
and growling are conveying the clearest and strongest of warnings.
A growling canine should not be approached.

(6)

When deputies have sufficient advance notice that a potentially dangerous

domesticated animal may be encountered, such as when serving a warrant,
deputies shall develop a plan for dealing with the animal without the use
of lethal force.

(7)

When a deputy reasonably believes, based upon the totality of the

circumstances, that an animal poses an immediate threat of injury to the
officer or another individual, the deputy shall use the minimum amount of
force necessary to bring the animal under control. If time and
circumstances permit, a deputy shall attempt to diffuse potentially harmful
situations with an animal without the use of lethal force. Non-lethal
options may include:

The use of a baton to block or redirect an attack.

The use of authorized chemical agents.

The use of a Taser so long as it is appropriately discharged. A

Taser must be discharged differently with canines than with
humans because the canines body mass is parallel to the ground.
Therefore, to properly use the device, it must be held sideways so
that the probes fire horizontally and in line with the canines body.
[Note: A Taser should be used sparingly as it can cause serious
injury or death to the animal.]

Wild Animals
If a wild animal is encountered, the Colorado Department of Wildlife shall be
contacted to have representatives respond to the scene to control and capture such
animal.

29

C.

Use of Lethal Force on Animals

A deputy may resort to the use of lethal force to control a vicious or dangerous
animal if the plan for dealing with the animal without the use of lethal force has
failed or becomes impracticable, and the animal is exhibiting behavior which puts
a deputy or another individual in imminent danger to life or which requires a
humane ending to its suffering from serious injuries. When a deputy discharges a
firearm in order to kill an animal, the deputy shall maintain his/her firearm in its
condition at the conclusion of the event, making no changes to the firearm except
to make it safe.

D.

Injuries to Individuals Caused by an Animal or Injured Animals

(1)

(2)

E.

If an animal injures an individual, a deputy should render first aid and call
for EMS, if necessary.
(a)

If the injury involves an animal bite, the person should be advised

to seek medical attention.

(b)

If the bite was sustained from a domesticated animal and the owner
is not present, deputies should contact the Denver Police
Department to locate the owner so that the owner may be advised
that all animal bites must be reported to the Denver Animal Shelter
within twelve (12) hours so that the animal can be impounded for
rabies observation. Victims and/or legal guardians should be
advised of the same.

(c)

Individuals who sustain an animal bite from a wild animal (e.g.,

skunks, raccoons) should be advised to report the incident to the
Colorado State Health Department.

Deputies shall use discretion when rendering aid to an injured animal.

Animals that have sustained an injury are often fearful of further attack
and/or injury and may become aggressive if not approached with caution.
Prior to rendering aid to an injured animal, a deputy should consider the
totality of the situation, including the nature of the injury, whether the
animal is an immediate danger to the community, the current behavioral
state the animal is exhibiting, and whether the deputy is able to deal with
the type of injury. When utilizing their discretion, deputies shall be
mindful of the perception of the public.

Deputies encountering any injured domesticated animal shall make all reasonable
attempts to contact the owner or responsible party. If the owner cannot be
located, the deputy shall advise 911 of the location and request assistance from
the Denver Animal Shelter.

30

13.

Medical Attention <CALEA 1.3.5>

A.

B.

C.

As soon as a use of force situation has been stabilized, the following individuals
shall be immediately screened by medical personnel, which may include
screening by medical personnel at or near the scene of the incident:
(1)

Any individual on whom physical force has been used, regardless of the
type or amount;

(2)

Any individual who has been exposed to any chemical agent;

(3)

Any individual with one or more suspected injuries; and

(4)

Any individual who has made a complaint of injury or pain.

When physical force is used on an inmate within a DSD facility, DSD personnel
shall utilize the following procedures for obtaining medical attention:
(1)

DSD personnel shall immediately notify the facility medical staff of the
incident. Until medical staff evaluates the individual, DSD personnel shall
continue to monitor the inmates condition and, if necessary, use lifesaving measures.

(2)

If the situation does not allow for the inmate to be escorted to the medical
unit, DSD staff shall immediately advise the medical staff to respond to
the inmates location.

(3)

If medical attention is not immediately available for an inmate who has

been exposed to any chemical agent, DSD personnel shall take action to
attempt to relieve the symptoms.

(4)

If either medical staff or a DSD supervisor determines that more extensive

medical aid is necessary, the inmate will be transported by
paramedics/EMTs to an appropriate outside medical facility for treatment.

(5)

If medical personnel was not immediately available, a DSD supervisor

shall document in the Use of Force Report the unavailability and the
reason for that unavailability.

When physical force is used outside a DSD facility and medical attention can be
provided upon arrival at a DSD facility, DSD personnel shall utilize the following
procedures for obtaining medical attention:
(1)

DSD personnel shall notify an on-duty supervisor.

31

(2)

(3)

DSD personnel shall continue to monitor the individuals condition, when

possible, while transporting him/her to the DSD facility.
(a)

Upon arrival at the DSD facility, DSD personnel shall escort the
individual to the medical unit for screening.

(b)

If either medical staff or a DSD supervisor determines that more

extensive medical aid is necessary, the individual will be
transported by paramedics/EMT to an appropriate outside medical
facility for treatment.

When physical force is used outside a DSD facility and immediate

medical attention is required, the following procedures for obtaining
medical attention shall be utilized:
(a)

DSD personnel shall request an ambulance to respond to the

location and shall document the time.

(b)

DSD personnel shall notify an on-duty supervisor of the incident

and document the time the ambulance arrives.

(c)

DSD personnel shall describe any visible injuries in a written

report.

(d)

DSD personnel shall advise the on-duty supervisor whether the

individual was cleared medically or requires more extensive care at
an outside medical facility.

(4)

If the individual refuses medical treatment, he/she shall be transported to a

medical facility and requested to personally inform the medical staff of
his/her refusal to receive medical treatment. The deputy transporting the
individual shall include in the appropriate report the name of the medical
personnel to whom the individual declared the refusal.

(5)

If the individual refuses to be transported to the medical facility, a deputy

shall request a member of the medical staff to report to the individuals
location so the individual can be assessed.

(6)

A supervisor shall ensure that any DSD personnel engaged in a use of

force shall not escort to the medical unit an individual who was also
engaged in the use of force unless there is no other DSD personnel
available who can escort the individual. If a supervisor determines that a
deputy who was involved in the use of force shall escort the individual, the
supervisor shall document in the Use of Force Report the reason for that
decision.

32

14.

Duty to Report a Use, or Attempted Use, of Force

A.

Staff shall detail the circumstances of use of force or attempted use of force
incidents in writing, regardless of whether they were a witness to, or a participant
in, the use of force (see section 4(A)(12)), to the appropriate personnel as soon as
the situation is stabilized, but no later than the conclusion of their shift.
Appropriate personnel may consist of, but is not limited to, the local law
enforcement agency; an on-duty sergeant, captain, or above; and/or IAB. In
addition, a deputy must notify his/her sergeant of the use of force incident as soon
as possible after the incident. Staff must complete the Use of Force report prior to
reviewing any video showing the incident. Refer to Department Order 1115
Reporting System. <CALEA 1.3.6>

B.

A written Use of Force Report is required to be prepared and submitted whenever

any of the following circumstances exist:
(1)

Any DSD employee witnesses or participates in an incident involving any

use of force as defined in this Use of Force Policy <CALEA
1.3.6(c)(d)> <ACA 4-ALDF-2B-07(C)>;

(2)

Any DSD employee witnesses or participates in any attempted use of

physical force, whether or not the force actually makes contact with the
individual;

(3)

Any DSD employee witnesses or participates in any threat of using any

physical force by a deputys intentionally pointing or displaying in the
presence or direction of an individual: a firearm, an authorized chemical
agent, a Taser, or any other weapon designed to fire a projectile.
However, no report is required under the following circumstances: (a)
verbal warnings without pointing or displaying any of the items identified
immediately above; or (b) routine protective sweeps to secure a home,
business establishment, or other structure;

(4)

A deputy witnesses another deputy use physical force that does not
comply with the definition of reasonable and necessary force in this Use
of Force Policy. The witnessing deputy must report in writing on a Use of
Force Report such use of force as soon as the situation is stabilized.
Failure to report such force may result in disciplinary action and
could also result in a criminal prosecution under Colorado law;

(5)

A deputy discharges a firearm or other weapon including less lethal

weapons. Exceptions may include a discharge for training or recreational
purposes <CALEA 1.3.6(a)(b)(c)> <ACA 4-ALDF-2B-07(A)(B)>;

(6)

An individual is placed in restraints, except for normal operating

procedures such as non-resistive handcuffing for movement within the
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facility and transports<ACA 4-ALDF-2B-07(D)>;

C.

(7)

During or following a use of force incident, an individual is injured or

complains of injury (whether or not the injury or claimed injury resulted
from a use of force) <CALEA 1.3.6(b)>; or

(8)

An individual dies while being apprehended or in custody <CALEA

1.3.6(b)>.

Any deputy who participates in a use of force incident shall set forth in detail the
following information in the Use of Force Report:
(1)

The names (if known) of all individuals who were witnesses to, or in the
immediate vicinity immediately prior to or during, the use of force
incident;

(2)

The names (if known) of all individuals who participated in the use of
force incident;

(3)

The location of the incident;

(4)

The date and approximate time of the incident;

(5)

A description of what happened prior to the use of force, including, if

known, the names of any deputies who attempted to resolve the
confrontation without using force, what steps each of those deputies took
to try to resolve the confrontation without using force, and the responses
of the individual or individuals on the other side of the confrontation;

(6)

A detailed and specific description of the force used, if any, by the deputy
completing the report, including the deputys reasons for: (a) using force
and (b) the amount and type of force used;

(7)

A detailed and specific description of the force any other deputy used, if
observed;

(8)

What the deputy observed concerning the actions of the individual on the
other side of the confrontation at the time of, during, and after the use of
force;

(9)

Whether the individual on the other side of the confrontation was known
or appeared to be under the influence of any drug or intoxicant or was
known or appeared to be affected by any mental health issue or other
cognitive defect;

(10)

Whether anyone appeared to the deputy completing the report to have

34

suffered any physical injury and, if so, the name of each such individual,
and a description of the injury or injuries observed;
(11)

Whether any individual was provided medical treatment and, if so, by

whom;

(12)

If medical treatment was not provided to any individual upon whom force
was used or who appeared to suffer an injury, the reason medical
treatment was not provided, if known; and

(13)

Any other information that the deputy believes might be helpful to persons
reviewing the Use of Force Report in determining what actions resulted in
the use of force incident and whether the force used was reasonable and
necessary.

D.

Any DSD personnel who observed any portion of the use of force incident, but
who did not participate in that incident, shall set forth in detail the same
information required of a participant in the use of force incident, except for the
reasons for: (1) using force and (2) the amount of force used.

E.

Any DSD personnel who was present during the use of the force incident, but
who states that he/she did not observe any of the incident, shall set forth in detail
the following information:
(1)

The names (if known) of all individuals who were witnesses to, or in the
immediate vicinity immediately prior to or during, the use of force
incident;

(2)

The location of the incident;

(3)

The date and approximate time of the incident;

(4)

A description of what happened prior to the use of force, including, if

known, the names of any deputies who attempted to resolve the
confrontation without using force; what steps each of those deputies took
to try to resolve the confrontation without using force; and the responses
of the individual or individuals on the other side of the confrontation;

(5)

A detailed explanation of why the employee writing the Use of Force

Report did not observe any of the incident;

(6)

Whether anyone appeared to DSD personnel writing the report to have

suffered any physical injury and, if so, the name of each such individual,
and a description of the injury or injuries observed;

(7)

Whether any individual was provided medical treatment and, if so, at what
35

time and by whom;

(8)

If medical treatment was not provided to any individual upon whom force
was used or who appeared to suffer an injury, the reason medical
treatment was not provided, if known; and

(9)

Any other information that DSD personnel writing the report believes
might be helpful to persons reviewing the Use of Force Report.

F.

A deputys failure to adequately document and explain the specific facts in the
Use of Force Report to demonstrate that the force used was reasonable and
necessary may result in a determination that the force used violated the use of
force provisions or report writing provision of this Policy.

G.

The duty sergeant and a captain or above will review the Use of Force Report and
indicate in writing whether DSD policies have been followed and whether the
force used was reasonable and necessary or inappropriate. Refer to
Department Order 1115 Reporting System. <CALEA 1.3.7>

H.

The on-duty supervisor shall take steps to ensure that any video footage of the
incident, whether recorded by a stationary or mobile camera, is preserved,
including advising IAB that images of the incident may have been recorded on
one or more stationary, facility cameras.

I.

A deputy may submit supplements to his/her Use of Force Report but shall not
modify a Use of Force Report once submitted.

J.

If medical personnel have determined that an individual suffered an injury or if

the individual made a complaint of injury, the immediate supervisor of the deputy
using force shall forward the Use of Force Report to the Use of Force Committee
for review. As discussed in the Force Review Policy, the Use of Force
Committee may make recommendations including whether:

15.

Any remedial training is necessary;

There are any equipment concerns;
Policy modifications are required; and/or
The Internal Affairs Bureau shall be contacted.

Deputy Support Services

A.

If a death or serious bodily injury has resulted after use of force application(s), the
officer(s) will be removed from his/her line of duty assignment and/or placed on
paid leave pending the investigation. The circumstances of each incident will
determine how long the officer(s) will remain in this status. <CALEA 1.3.8>

B.

Excused days may be arranged by the Sheriff and/or the Division Chief(s).
36

Temporary or permanent assignment changes may be considered in cases with

extenuating circumstances.
C.

D.

E.

16.

If serious injury or death has resulted, Psychological Services will be required

within one week of the incident to contact the involved officer.
(1)

The purpose of the Psychological Services interview is not to investigate

the officers actions or assess his/her fitness for duty. This will remain the
prerogative of the involved officers supervisor, command staff, or IAB.

(2)

Absolute confidentiality will be maintained by Psychological Services and

the officer has the option of not discussing anything with Psychological
Services that he/she does not wish to discuss.

(3)

The officer may include others in this interview such as family members,
fellow officers, or members of the Peer Support Team.

The officer(s) involved in a shooting incident will be notified of the above

provisions by their supervisor, command staff, and/or IAB.
(1)

The supervisor, command staff, or IAB will provide Psychological

Services with the names of those officers whom they must contact.

(2)

If after one week Psychological Services has not been able to contact the
officer, the supervisor, command staff, or IAB will be notified by
Psychological Services so that such arrangements will be made.

(3)

No other exchange of information will be made without the express

written consent of the officer before the interview.

In the event of an employee death or serious bodily injury, the Sheriff or his/her
designee will be responsible for contacting the victims next of kin in a timely
manner. Please also refer to Department Order 2005 - Line of Duty Death.
<CALEA 22.2.4>

Determinations as to whether a Deputys Use, or Attempted Use, of Force was

Reasonable and Necessary or Inappropriate
A.

In determining whether any force used or attempted by a deputy in a given case

complies with the reasonable and necessary standard, the DSD and Executive
Director of Safety, if appropriate, shall consider:
(1)

The facts and circumstances the deputy knew or reasonably should have
known at the time of the incident;

37

B.

C.

17.

(2)

Based on those facts and circumstances, what would be a reasonable

deputys perception of the threat;

(3)

De-escalation, tactical options, and control options (see section 4(C),

control options 1 10) available to the deputy;

(4)

The deputys reasons, including motivation, for using or attempting to use

the force; and

(5)

All other facts and circumstances determined to be relevant to the need to

use force and the force options used.

A deputy will be found to have used inappropriate force or inappropriate

attempted force in the following situations:
(1)

A deputy has used or attempted to use force in a particular circumstance

but, under this Use of Force Policy, no force should have been used or
attempted;

(2)

A deputy has used or attempted to use a particular level of force but, under
this Use of Force Policy, a lesser degree of force should have been used;

(3)

A deputy has used or attempted to use a particular type of weapon, device,

or instrument but, under this Use of Force Policy, that type of weapon,
device, or instrument should not have been used or attempted at all or
should not have been used or attempted in that particular manner;

(4)

A deputy has used or attempted to use force in a particular way but, under
this Use of Force Policy, the deputy was not justified in using or
attempting to use force in that way; and

(5)

Any other situation in which a deputys use or attempted use of force is

not justified by this Use of Force Policy.

Refer to the DSD Disciplinary Handbook for a more detailed explanation of the
process for reviewing whether a deputys use or attempted use of force complied
with this Use of Force Policy.

Accountability
All DSD personnel must be familiar with, and comply with, all provisions of this Use of
Force Policy. The Division Chief/Unit Commander or Unit Manager of any division or
unit affected by this policy will ensure that: <CALEA 1.3.12> <CALEA 1.3.13>
A.

This policy is reviewed annually for compliance with all federal, state, and local
laws and standards;
38

18.

B.

Existing procedures and all newly developed orders are in compliance with this
order; and

C.

All affected personnel are made aware of this policy.

Training on Provisions of this Use of Force Policy

A.

The Denver Sheriff Department shall provide deputies with training on the
provisions of this Use of Force Policy. <ACA 4-ADLF-7B-16>
(1)

All newly hired deputies must be appropriately trained in the use of

weapons and physical force as applicable to their job responsibilities.

(2)

All deputies shall receive training consistent with the effective use of deescalation techniques, tactical considerations, non-force control options,
weapons, and physical force as applicable to their job responsibilities.

B.

To the extent that any portion of a deputys training (whether provided by the
DSD or otherwise) is inconsistent with any of the provisions of this Use of Force
Policy, the provisions of this Use of Force Policy shall prevail over the deputys
training.

C.

All personnel authorized to carry weapons are required to receive in-service

training on DSDs Use of Force Policy and demonstrate proficiency with all
approved lethal weapons and electronically controlled weapons that the
individual is authorized to use. In-service training for other less lethal weapons
and weaponless control techniques, tactical options, and de-escalation techniques
shall occur at least biennially. <CALEA 1.3.11>

19.

Effective Date: This Use of Force Policy will become effective immediately upon the
date of publication.

20.

Approval: This document has been reviewed, approved, and electronically signed by the
Sheriff and the Executive Director of Safety of the City and County of Denver prior to its
publication.

39