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Case Number 26 


Submitted by Lt. Paul Crain, Accreditation Manager, Concord (CA) Police Department—Agency in CALEA Self-Assessment Program

 

The Concord (CA) Police Department has employed a use of force continuum with a reporting requirement since January of 1997. Once the use-of-force report was completed, it was sent to the Professional Standards Unit (PSU). A use-of-force review panel would eventually convene and review all reported use-of-force cases that had been referred to the PSU since the panel's last meeting. While this panel review process had been promulgated by policy, its actual use was inconsistent. It eventually dissolved to the point that the use of force report forms were referred to PSU and placed in a file. There was never a review unless a citizen or another employee made an accusation of excessive use of force by the involved officer(s).

When the agency entered into its agreement with CALEA in 1998, this lack of a use of force review became one of the main topics of discussion. As a result of its commitment to accreditation, the department recognized that it would not only have to reinstate the use of force review process, it would have to develop one that was consistent and met the needs of the department, its employees, and the community.

Five key areas were identified as to what the use of force review was meant to accomplish. Those areas were training needs (individual and agency), early warning detector, policy evaluation, commitment to our employees, and commitment to the community.

When a department member employs a reportable level of force, he/she documents the use of force in a police report and completes a use of force form. The supervisor reviews both the police report and the use of force form. If the supervisor identifies an issue that he/she feels warrants further follow-up, the supervisor can take the appropriate action or make a notation on the use of force report form.

All use of force report forms are sent to the PSU for review. The PSU Sergeant reviews each form, as well as all corresponding reports. The PSU Sergeant then makes a determination if the use of force was within policy. The use of force review form and all corresponding reports are forwarded to the Chief of Police for review. If the Chief feels that the matter warrants further review, he refers it to the use of force review panel. The panel is convened at the direction of the Field Operations Division Commander and is typically comprised of a command officer, the department training manager, and a department trainer, who is a subject matter expert in the type of force being reviewed.

The panel reviews all facts surrounding the event. The panel then makes a determination if the use of force was within policy. The panel can also make recommendations regarding training needs (individual and agency), matters of policy, or referral of the matter to PSU for a formal Internal Affairs investigation.

The use of force review process, as described above, was put into place at the beginning of 2000 and has already demonstrated its value to the organization. Individual training needs have been identified and addressed in two situations. In a third incident, it was the feeling of the review panel that a formal inquiry was in order for an employee who had a pattern of use of force significantly higher than the departmental average.

The use of force review process that is currently in place in the Concord Police Department is a direct result of our participation in the CALEA accreditation process. It has already proven to be a valuable risk management tool for the organization.

 


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