Document Brighton_doc_1c01f11ede

Brighton Police Department Policy Manual BRIGHTON POLICE DEPARTMENT POLICY MANUAL ---PAGE BREAK--- Brighton Police Department Policy Manual LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against abuse or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my Department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or abuse and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of service. I will never engage in acts of corruption or bribery, nor will I condone such acts by others. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. ---PAGE BREAK--- Brighton Police Department Policy Manual MISSION STATEMENT Mission Statement The Brighton Police Department exists to serve the community by protecting life and property, by preventing crime, by enforcing the laws, and by maintaining order for all citizens. All members of the Department are equally empowered to perform their duties within the parameters of our ORGANIZATIONAL VALUES. Our focus is based on community input and involvement. Organizational Values • A Close Partnership with our Community • Quality Service to our "customers" • Living by the "Golden Rule" • Service Without Prejudice • Human Life and Dignity • Maintaining High Ethical Standards • The Protection of Constitutional Rights of all People • The Consistent and Fair Application of the Law ---PAGE BREAK--- Brighton Police Department Policy Manual Table of Contents BRIGHTON POLICE DEPARTMENT POLICY MANUAL LAW ENFORCEMENT CODE OF ETHICS MISSION Chapter 1 - Law Enforcement Role and 100 - Law Enforcement 10 102 - Chief of 12 104 - Oath of 13 106 - Policy Manual 14 Chapter 2 - Organization and 200 - Organizational Structure and 19 204 - General Orders and Special Orders 22 206 - Emergency Operations 24 208 - Training Policy 26 212 - Electronic Mail 31 214 - Administrative Communications 33 216 - Supervision and Staffing Levels 34 220 - Retired Officer Concealed Weapon Policy 35 221 - Personnel Records 38 223 - Political 39 225 - Employee 40 Chapter 3 - General Operations 300 - Use of Force 42 302 - Use of Force Review 48 303 - Meal Periods, Breaks and Workday 50 305 - Incident Command 51 306 - Handcuffs and Leg Restraint Devices 52 307 - Emergency Restraint 56 308 - Control Devices and Techniques 57 309 - TASER® Guidelines 61 310 - Officer Involved 67 312 - Police 75 314 - Vehicle Pursuit Policy 83 316 - Officer Response to 94 318 - 98 320 - Domestic 107 322 - Search and Seizure 324 - Temporary Custody of 326 - Abuse of At-Risk 122 Table of Contents - 4 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual 328 - Discriminatory 126 330 - Child Abuse 131 332 - Missing Persons 138 334 - Amber 144 336 - Victim Assistance 148 337 - Victim Advocate Call 151 338 - Bias-Motivated 152 340 - Disciplinary 155 342 - Department Technology Use 164 344 - Report Preparation 167 346 - News Media 170 348 - Court Appearance and Subpoenas 173 350 - Police Reserve Officers 177 352 - Mutual Aid and Outside Agency 182 356 - Registered Sex Offender Information 185 358 - Major Incident Notification 188 359 - Firearm Injury 190 360 - Death 191 362 - Identity 194 364 - Private Persons 196 368 - Limited English Proficiency 198 370 - Hearing Impaired/Disabled Communications 205 372 - School Employee Arrest 212 373 - Pupil Arrest 213 374 - Biological Samples 214 376 - Police 216 378 - Public Safety Camera 219 379 - Summons Handling and 221 380 - Child and Dependent Adult Safety 224 382 - Service Animal Policy 227 384 - Volunteer 229 386 - Terrorism Liaison 235 388 - Off Duty Law Enforcement 236 390 - Illness and Injury Prevention 238 391 - Emergency Operations Center 242 393 - Emergency Alert System 244 395 - Line of Duty Death Notifications 245 397 - Juvenile Information Sharing 249 399 - Community Partnerships 251 Chapter 4 - Police Operations 400 - Patrol 253 401 - Patrol Shift 255 402 - Racial/Bias-Based Profiling 257 404 - Roll Call 260 Table of Contents - 5 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual 406 - Crime and Disaster Scene 261 410 - Ride-Along Policy 264 412 - Hazardous Material Response 267 414 - Hostage and Barricade 269 416 - Response to Bomb Calls 273 418 - Mental Health Civil 277 420 - Citation/Summons and Release 281 422 - Diplomatic and Consular Contacts 284 424 - Rapid Response And 290 426 - Reporting Law Enforcement Activity Outside of the Jurisdiction 292 428 - Immigration Violations 293 430 - Emergency Utility 297 432 - Patrol Rifles 298 434 - Aircraft 300 436 - Police Training Officer 303 438 - Obtaining Air Support 306 440 - Field Interviews and 307 442 - Criminal Organizations 313 444 - Patrol Supervisors 317 446 - Mobile Audio Video 318 448 - Mobile Data Terminals 324 450 - Use of Audio/Video Recorders 326 452 - Medical 329 454 - Police Bicycle Patrol 334 458 - Foot 337 460 - Automated License Plate Readers (ALPR) 341 464 - Homeless 343 465 - Tornado Warning Sirens 345 467 - Assisting Bail Bond Agents and Bail Bond Recovery Agents (Bounty Hunters) 348 469 - Municipal Court Security Procedures 350 471 - Physical Fitness Assessment 353 473 - Accident 354 475 - Police Patrol Vehicles 355 477 - Mobile Field Force 356 479 - Motor Vehicle Self-Help 358 481 - VIP and Dignitary 359 483 - Special 360 Chapter 5 - Traffic 500 - Traffic 362 501 - School Bus Signal 365 502 - Traffic Accident Response And 366 510 - Vehicle Towing and Release Policy 369 512 - Vehicle Impound 372 Table of Contents - 6 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual 514 - Impaired 374 516 - Traffic 380 520 - Disabled Vehicles 382 524 - Abandoned Vehicle Violations 383 Chapter 6 - Investigation 600 - Investigation and 386 602 - Sex Crime Victim's 389 606 - Asset Forfeiture 391 608 - Confidential 396 610 - Eyewitness Identification 400 612 - Brady Material 403 613 - Undercover and Decoy Operations 405 Chapter 7 - Equipment 700 - Department Owned and Personal Property Policy 407 702 - Personal Communication 409 704 - Vehicle 412 706 - Vehicle 414 710 - Cash Handling, Security and Management 418 Chapter 8 - Administrative and Support 800 - Crime 420 804 - Property and Evidence 421 806 - Police Records Section Procedures 431 807 - Legal 432 810 - Security and Release of Records 433 812 - Protected Information 437 814 - Computers and Digital Evidence 440 820 - Animal Control 444 823 - 448 Chapter 9 - Custody and Transportation of 900 - Holding Facility 450 902 - Custodial 463 904 - Prison Rape Elimination 468 Chapter 10 - Personnel 1000 - Recruitment and 478 1002 - Evaluation of Employees 485 1004 - Promotion and Transfer Policy 488 1006 - Grievance 490 1008 - Anti-Retaliation 492 1010 - Reporting Employee 495 1012 - Drug and Alcohol Free 497 1016 - Communicable 500 Table of Contents - 7 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual 1018 - Smoking and Tobacco Use Policy 508 1020 - Personnel 509 1022 - Seat Belt 518 1024 - Body 520 1026 - Personnel 522 1028 - Request for Change of 526 1030 - Commendations and 527 1032 - Fitness for 533 1035 - Lactation Break Policy 536 1036 - Payroll Procedures 538 1038 - Overtime Payment 539 1040 - Outside Employment 541 1042 - On Duty 545 1044 - Personal Appearance 548 1046 - Police Uniform Regulations 550 1048 - Police 554 1050 - Nepotism and Employment 556 1052 - Department Badges 559 1054 - Temporary Modified-Duty 561 1058 - Employee Speech, Expression and Social 564 Organizational Chart Table of Contents - 8 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 1 - Law Enforcement Role and Authority ---PAGE BREAK--- Policy 100 Brighton Police Department Policy Manual Law Enforcement Authority 100.1 PURPOSE AND SCOPE Law enforcement officers are granted the authority to perform their function based on established legal authority. The Department does not tolerate abuse of law enforcement authority. All sworn officers are required to abide by the Law Enforcement Code of Ethics. 100.2 PEACE OFFICER AUTHORITY Certified members shall be considered peace officers pursuant to CRS § 16-2.5-101 through CRS § 16-2.5-148 and CRS § 24-7.5-103. All candidates for employment as peace officers are required to have completed an approved Colorado POST basic academy pursuant to CRS § 24-31-305 prior to performing duties of a sworn peace officer. 100.2.1 AUTHORITY WITHIN THE JURISDICTION OF BRIGHTON POLICE DEPARTMENT The arrest authority within the jurisdiction of the Brighton Police Department includes (CRS § 16-3-102): In compliance with an arrest warrant. When any crime is being, or has been, committed in a peace officer's presence. When there is probable cause to believe that an offense was committed by the person to be arrested. 100.2.2 AUTHORITY OUTSIDE THE JURISDICTION OF BRIGHTON POLICE DEPARTMENT The arrest authority of officers outside the jurisdiction of the Brighton Police Department includes: When a felony or misdemeanor is committed in the officer's presence in another jurisdiction in the state of Colorado, the local law enforcement agency is notified of the arrest and the arrestee is transferred to that agency (CRS § 16-3-110). When there is probable cause to arrest and the officer has been in continuous fresh pursuit from within the jurisdiction of the Brighton Police Department (CRS § 16-3-106). When the officer has knowledge that an arrest warrant has been issued and the officer has been in continuous fresh pursuit from within the jurisdiction of the Brighton Police Department (CRS § 16-3-106). An officer may pursue a person outside the jurisdiction of the Brighton Police Department and issue a citation when the person committed an offense in the officer's presence within the jurisdiction of the Brighton Police Department (CRS § 16-3-106). When officers are accompanied by law enforcement officers who have the authority to make an arrest in that jurisdiction, are present at the scene of the arrest and participate in the arrest process (CRS § 16-3-202). Law Enforcement Authority - 10 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Law Enforcement Authority When another agency has requested temporary assistance during a state of emergency (CRS § 29-5-104). 100.3 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended within other states pursuant to CRS § 29-1-206(1) as applicable under interstate compacts and memorandums of understanding in compliance with the laws of each state. Peace officer powers may also be extended when an officer enters another state in fresh pursuit of a felony subject or a fugitive from justice (CRS § 24-60-101, Arizona Revised Statutes § 13-3831, et seq., Kansas Statutes Annotated § 22-2404, Nebraska Revised Statutes § 29-416, New Mexico Code § 31-2-1, et seq., Oklahoma Statutes Annotated § 221, Utah Code § 77-9-1, et seq., and Wyoming Statutes Annotated § 7-2-106). Any peace officer of another state who enters this state in fresh pursuit and continues within this state in fresh pursuit has the same authority to arrest and hold such person in custody as a peace officer of this state (CRS § 16-3-104(3)). 100.4 CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person's clearly established rights under the United States and Colorado Constitutions. Law Enforcement Authority - 11 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 102 Brighton Police Department Policy Manual Chief of Police 102.1 PURPOSE AND SCOPE The Colorado Peace Officer Standards and Training Board (POST) has mandated that all certified peace officers employed within the State of Colorado shall be certified by POST (CRS § 16-2.5-102). 102.1.1 CHIEF OF POLICE REQUIREMENTS Any Chief of Police of this Department shall be certified by POST (CRS § 16-2.5-102). An out-of-state candidate for Chief of Police may be appointed provided the candidate qualifies for and is granted a provisional certificate prior to appointment (CRS § 24-31-308). Chief of Police - 12 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 104 Brighton Police Department Policy Manual Oath of Office 104.1 PURPOSE AND SCOPE Police Officers are sworn to uphold the U.S. and Colorado Constitutions and to enforce federal, state and local laws. 104.1.1 OATH OF OFFICE Prior to assuming the duties of a peace officer, all certified employees shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer (Colorado Constitution Article XII Section The oath shall be as follows: BRIGHTON POLICE DEPARTMENT OATH OF OFFICE STATE OF COLORADO, COUNTY OF ADAMS, CITY OF BRIGHTON I, solemnly swear*, that I will support the Constitution of the United States of America and of the State of Colorado, and faithfully perform the duties of the office of (Police Officer) (Police Sergeant) etc. * Personnel who are opposed to swearing an oath may substitute the word "affirm" Oath of Office - 13 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 106 Brighton Police Department Policy Manual Policy Manual 106.1 PURPOSE AND SCOPE The manual of the Brighton Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 106.1.1 DISCRETION AND DECISION MAKING All employees are expected to exercise proper discretion and utilize good decision making, taking into account the totality of the circumstances of each event. When choosing whether to do things right according to established policy or do the right thing in terms of Quality Service, Community Partnerships and the Golden Rule, you are urged you to do the right thing. 106.1.2 GUIDING PRINCIPLES OF DISCRETION AND DECISION MAKING All officers should be familiar with and abide by the Nine Principles of Policing contained in this section. Peel's Nine Principles of Policing Sir Robert Peel (1822) 1. The basic mission for which the police exist is to prevent crime and disorder. 2. The ability of the police to perform their duties is dependent upon the public approval of police actions. 3. Police must secure the willing cooperation of the public in voluntary observation of the law to be able to secure and maintain the respect of the public. 4. The degree of cooperation of the public that can be secured diminishes proportionately to the necessity of the use of physical force. 5. Police seek and preserve public favor not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law. 6. Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient. 7. Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give fulltime attention to duties which are incumbent upon every citizen in the interests of community welfare and existence. Policy Manual - 14 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Policy Manual 8. Police should always direct their action strictly towards their functions, and never appear to usurp the powers of the judiciary. 9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it. 106.1.3 LAW ENFORCMENT OATH OF HONOR All officers shall adhere to the Law Enforcement Oath of Honor Law Enforcement Oath of Honor International Association of Chief of Police On my honor, I will never betray my badge, My integrity, my character, Or the public trust. I will always have The courage to hold myself And others accountable for our actions. I will always uphold the constitution, My community and the agency I serve. Honor means that one's word is given as a guarantee. Betray is defined as breaking faith with the public trust. Badge is the symbol of your office. Integrity is being the same person in both private and public life. Character means the qualities that distinguish an individual. Public Trust is a charge of duty imposed in faith toward those you serve. Courage is having the strength to withstand unethical pressure, fear or danger. Accountability means that you are answerable and responsible to your oath of office. Community is the jurisdiction and citizens served. 106.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident. 106.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Brighton Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Brighton Police Department reserves the right to revise any policy content, in whole or in part. Policy Manual - 15 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Policy Manual 106.3 AUTHORITY The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue General Orders, which shall modify those provisions of the manual to which they pertain. General Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 106.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CCR - Code of Colorado Regulations. CDPS -The Colorado Department of Public Safety. CFR - Code of Federal Regulations. City - The City of Brighton. Civilian - Employees and volunteers who are not certified law enforcement officers. Command Staff - Includes the Chief of Police, the Assistant to the Chief of Police, Captains and Lieutenants CSP - Colorado State Patrol. Department/BPD - The Brighton Police Department. DMV - The Colorado Department of Revenue Division of Motor Vehicles. Employee/personnel - Any person employed by the Department. Juvenile - Any person under the age of 18 years. Manual - The Brighton Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Brighton Police Department, including full-time licensed, certified officers, reserve officers, civilian employees and volunteers. Officer - Those employees, regardless of rank, who are POST-certified employees of the Brighton Police Department. On-duty - A member's status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. Peace officer - An employee who is required to be certified by POST pursuant to CRS § 16-2.5-101 et seq. The term includes certified full-time and reserve peace officers who perform the duties of a peace officer. Policy Manual - 16 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Policy Manual Rank - The title of the classification held by an officer. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority regarding hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term "supervisor" may also include any person officer-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation. When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member's off-duty supervisor or an on-call supervisor. USC - United States Code. 106.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and General Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 106.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary. 106.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Captain will ensure that members under his/her command are aware of any Policy Manual revision. All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Captains, who will consider the recommendations and forward them to the command staff as appropriate. Policy Manual - 17 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 2 - Organization and Administration ---PAGE BREAK--- Policy 200 Brighton Police Department Policy Manual Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE The organizational structure of the Department is designed to create an efficient means to accomplish the mission and goals and to provide for the best possible service to the public. Police services will be based upon the principles of Problem Oriented Policing and Community Policing in order to prevent crime and disorder within the community. A graphic depiction of the organizational structure in the form of an organizational chart of the Department will be posted in a prominent location in the Police Department. The organizational chart will be reviewed and updated as needed. 200.2 POLICE DEPARTMENT DIVISIONS The Chief of Police is responsible for administering and managing the Brighton Police Department. There are three divisions in the Police Department: Operations Division Support Services Division Administrative Division 200.2.1 OPERATIONS DIVISION The Operations Division is commanded by the assigned Captain, whose primary responsibility is to provide general management, direction and control for the Operations Division. The Operations Division consists of: Uniformed Patrol Detective Section Police Reserves Police Training Officers Police Explorers Victim Advocate Unit Community Resource Unit Mobile Field Force Other duties as assigned 200.2.2 SUPPORT SERVICES DIVISION The Support Services Division is commanded by the assigned Captain, whose primary responsibility is to provide general management, direction and control for the Support Services Division. The Support Services Division consists of: Professional Standards Unit Police Records Section Organizational Structure and Responsibility - 19 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Organizational Structure and Responsibility Community Emergency Response Team Office of Emergency Management Animal Control Code Enforcement Training Firearms Training Police Fleet Other duties as assigned 200.2.3 ADMINISTRATIVE DIVISION The Administrative Division is commanded by the assigned Command Staff member, whose primary responsibility is to provide general management, direction and control for the Administrative Division. The Administrative Division consists of: Crime Analysis Unit Public Information Officer Recruiting and Hiring Peer Support Team Police Chaplain Department Budget Other duties as assigned. 200.3 COMMAND PROTOCOL 200.3.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During planned absences the Chief of Police will designate a Captain to act in the place of the Chief of Police. Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: Operations Captain Support Services Captain Police Lieutenants Senior Police Sergeant 200.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment canine, Mobile Field Force), any supervisor may temporarily direct any subordinate if an operational necessity exists. Organizational Structure and Responsibility - 20 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Organizational Structure and Responsibility 200.3.3 LAWFUL ORDERS Members shall respond to and make a good faith and reasonable effort to comply with lawful orders of superior officers and other proper authority. At every level within the Department, personnel shall have the authority to make decisions necessary for the effective execution of their responsibilities. Additionally, each employee is directly accountable for the use of delegated authority. 200.3.4 UNLAWFUL AND CONFLICTING ORDERS No member is required to obey any order that outwardly appears to be in direct conflict with any federal law, state law, local ordinance or the ethical standards of the Department. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or confer with a higher authority. Responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, members who are presented with an order that is in conflict with a previous order, Department policy or other directive, shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the order is intended to countermand the previous order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting order after having given the issuing supervisor the opportunity to correct the conflict are not held accountable for disobedience of the order or directive that was initially issued. The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. Organizational Structure and Responsibility - 21 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 204 Brighton Police Department Policy Manual General Orders and Special Orders 204.1 PURPOSE AND SCOPE General Orders and Special Orders establish interdepartmental communication that may be used by the Chief of Police to make immediate changes to policy and procedure. General Orders will immediately modify or change and supersede sections of this manual to which they pertain. 204.1.1 GENERAL ORDERS PROTOCOL General Orders will be incorporated into the Policy Manual, as required, upon approval of the Command Staff. General Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing General Orders have now been incorporated in the updated Policy Manual as of the revision date listed below. Any General Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number "01." For example, 11-01 signifies the first General Order for the year 2011. 204.1.2 SPECIAL ORDERS PROTOCOL Special Orders establish a temporary policy or procedure on a given subject for a specific length of time. Special Orders are issued to the organization as a whole, to a division, to a unit or to an individual. Special Orders become inoperative with the passing of the incident or situation that caused the order to be issued. Any Special Order issued will be numbered consecutively starting with the last two digits of the year, followed by the number "01." For example, 11-01 signifies the first Special Order for the year 2011. All Special Orders will be maintained in a file under the direction of the Department Senior Administrative Assistant. 204.2 RESPONSIBILITIES 204.2.1 COMMAND STAFF RESPONSIBILITIES The Command Staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a General Order. 204.2.2 CHIEF OF POLICE RESPONSIBILITIES The Chief of Police or the authorized designee shall issue all General Orders and Special Orders. General Orders and Special Orders - 22 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual General Orders and Special Orders 204.2.3 GENERAL ORDERS IN EFFECT 204.2.4 SPECIAL ORDERS IN EFFECT 204.3 ACCEPTANCE OF GENERAL ORDERS AND SPECIAL ORDERS All employees are required to read and obtain any necessary clarification of all General Order and Special Orders. All employees are required to acknowledge in writing the receipt and review of any new General Order and Special Orders. Signed acknowledgement forms and/or e-mail receipts showing an employee's acknowledgement will be maintained by the appropriate Senior Administrative Assistant. General Orders and Special Orders - 23 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 206 Brighton Police Department Policy Manual Emergency Operations Plan 206.1 PURPOSE AND SCOPE In compliance with the State of Colorado Emergency Operations Plan, the City has prepared or adopted an Emergency Operations Plan (CRS § 24-33.5-707). This plan provides guidance and is to be used by all work groups and employees in the event of a major disaster, civil disturbance, mass arrest or other emergency event. The plan provides for a strategic response by all employees and assigns specific responsibilities in the event the plan is activated. The Emergency Operations Plan has, at a minumum, the following components: A completed community threat assessment A response plan to address all-hazards homeland security events and threats Provisions requiring the use of the Incident Command System and the National Incident Management System for all emergency operations 206.2 ACTIVATING THE EMERGENCY OPERATIONS PLAN The Emergency Operations Plan can be activated in a number of ways. For the Police Department, the Chief of Police or the highest ranking official on duty may activate the Emergency Operations Plan in response to a major emergency. 206.2.1 RECALL OF PERSONNEL In the event that the Emergency Operations Plan is activated, all employees of the Brighton Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee. Failure to respond to an order to report for duty may result in disciplinary action. 206.3 LOCATION OF THE EMERGENCY OPERATIONS PLAN Copies of the plan are available in Support Services, the Shift Sergeant's office and in ADCOM. All supervisors should familiarize themselves with the Emergency Operations Plan and the roles personnel will play when the plan is implemented. The State of Colorado Emergency Operations Plan and additional regional information can be found on the Colorado Office of Emergency Management website. 206.4 UPDATING THE PLAN The Emergency Manager or authorized designee shall review and update, if necessary, the Emergency Operations Plan at least once every two years to ensure it conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS), and that any needed revisions are appropriately addressed. Emergency Operations Plan - 24 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Emergency Operations Plan 206.5 PLAN REVIEW At least once every two years, the Department should conduct a review of the Emergency Operations Plan and responses, incorporating a full or partial exercise, tabletop or command staff discussion. 206.5.1 SEARCH AND RESCUE Search and Rescue operations are normally handled by the Brighton Fire Rescue District. Department personnel may assist with search and rescue operations as appropriate upon request. 206.6 PLAN TRAINING The Emergency Manager shall provide training in the Emergency Operations Plan for all supervisors and other appropriate personnel. All supervisors should familiarize themselves with the Emergency Operations Plan and the roles police personnel will play when the plan is activated. Emergency Operations Plan - 25 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 208 Brighton Police Department Policy Manual Training Policy 208.1 PURPOSE AND SCOPE It is the policy of this Department to administer a training program that will meet the standards of federal, state, local and Colorado POST training requirements. It is a priority of this Department to provide continuing education and training for the professional growth and progressive development of its personnel. By doing so, the Department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the public. 208.1.1 PRE-APPOINTMENT TRAINING OF POLICE OFFICERS Unless specifically authorized otherwise by the Chief of Police, the Department requires all candidates for employment as officers to complete an approved Colorado basic academy pursuant to CRS § 24-31-305 before performing duties of a certified peace officer, as defined by CRS § 16-2.5-102. Officers may alternatively obtain a provisional certificate prior to appointment or otherwise meet the training and certification standards within the parameters, extensions and exceptions set by POST (CRS § 24-31-308 and CRS § 30-10-501.6 208.2 PHILOSOPHY The Department seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels and legal mandates. Whenever reasonably possible, the Department will use courses certified by the Colorado POST Board or other regulatory or nationally recognized entities. 208.3 OBJECTIVES The objectives of the training program are to: Enhance the level of law enforcement service to the public. Increase the technical expertise and overall effectiveness of Department personnel. Provide for continued professional development of Department personnel. Assist in compliance with statutory requirements. 208.4 TRAINING PLAN It is the responsibility of the Professional Standards Unit to develop, review, update and maintain a training plan and to ensure that mandated basic, in-service and Department-required training is completed by all employees. The plan shall include a systematic and detailed method for recording and logging of all training for all personnel. While updates and revisions may be made to any portion of the training plan at any time it is deemed necessary, the Professional Standards Unit shall review the entire training plan on an annual basis. The plan will include information on curriculum, training material, training facilities, course and student scheduling. The plan will address the state-required, minimum-mandated training of certified officers or hiring of support staff employees. Training Policy - 26 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Training Policy Training listed may be provided in basic training programs. The Professional Standards Unit is responsible for ensuring members of the Department have been trained as required. 208.4.1 MANDATED TRAINING Federally mandated training: 1. National Incident Management System (NIMS) training (courses depend upon position and rank) State-mandated training: 1. DNA evidence collection (CRS § 24-31-311) (once) 2. Racial profiling (CRS § 24-31-309) (once) 3. Basic CPR/First aid 4. Annual completion of any additional training required by POST Department-mandated training: 1. Emergency Operations Plan (supervisors every two years) 2. CPR/First aid refresher (every two years) 3. Emergency Vehicle Operations (all certified employees yearly) 4. Firearms training (all certified employees quarterly) 5. Arrest Control/Defensive Tactics (all certified employees yearly) 6. TASER, impact weapon, chemical weapon or other less-lethal weapon (yearly) 7. Use of force policies (all certified employees review yearly) 8. Search, seizure and arrest (all certified employees yearly) 9. Use of body armor (all certified employees every two years) 10. Ethics (all certified employees every three years) 208.5 TRAINING NEEDS ASSESSMENT The Professional Standards Unit will conduct an annual training needs assessment and complete a report of the training needs assessment, including recommendations from the Training Committee. The training needs assessment report will be provided to the Chief of Police and staff and the Training Committee. Upon review and approval by the Chief of Police, the needs assessment will form the basis for the training plan for the following fiscal year. 208.6 TRAINING COMMITTEE The Professional Standards Unit shall establish a Training Committee, which will serve to assist with identifying training needs for the Department. The Training Committee shall be comprised of at least three members, with the senior ranking member of the committee acting as the chairperson. Members should be selected based on their abilities at post-incident evaluation and at assessing related training needs. The Professional Standards Unit may remove or replace members of the committee at their discretion. The Training Committee should review certain incidents to determine whether training would likely improve future outcomes or reduce or prevent the recurrence of the undesirable issues Training Policy - 27 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Training Policy related to the incident. Specific incidents the Training Review Board should review include, but are not limited to: Any incident involving the death or serious injury of an employee. Incidents involving a high risk of death, serious injury or civil liability. Incidents identified by a supervisor as appropriate to review to identify possible training needs. The Training Committee should convene on a regular basis as determined by the Chief of Police or the authorized designee to review the identified incidents. The committee shall determine by consensus whether a training need exists and then submit written recommendations of its findings to the Professional Standards Unit. The recommendation should not identify specific facts of any incidents, such as identities of employees involved or the date, time and location of the incident, but should focus on the type of training being recommended. The Professional Standards Unit will consider the recommendations of the committee and determine what training should be addressed, taking into consideration the mission of the Department and available resources. 208.7 TRAINING PROCEDURES All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training may include: 1. Court appearances 2. Personal Leave 3. Physical limitations preventing the employee's participation 4. Emergency situations When employees are unable to attend mandatory training, that employee shall: 1. Notify their supervisor as soon as possible but no later than one hour prior to the start of training. 2. Document their absence in a memorandum to their supervisor. 3. Make arrangements through their supervisor and the Professional Standards Unit to attend the required training on an alternate date. 208.7.1 TRAINING COMPENSATION, TRAVEL TIME AND USE OF DEPARTMENT VEHICLES Training Compensation Department required training that occurs on an employee's regularly scheduled day off should be traded (flexed) for a regularly scheduled work day within the same pay period if staffing levels permit. Required training time attendance will be compensated in accordance with regular payroll practices. 1. Optional time, such as reading assignments, homework, etc. will not be compensated. Training Policy - 28 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Training Policy Employees scheduled to attend training classes held in a location other than the Police Department should calculate the start of their work hours based upon the time they arrive at the Police Department in preparation to attend such training classes, such as obtaining a Department vehicle for travel, and end when the employee returns to the Department. Attending in service training in the City will be documented and accounted for the same as a normal workday. 1. If the training does not fill the entire normal workday, then an employee must either work the remaining time or request time off in accordance with established policies. Attending outside training classes that are scheduled for 4 hours or less will be documented and accounted for the same as a normal workday. 1. If the training does not fill the entire normal workday, then an employee must either work the remaining time or request time off in accordance with established policies. Attending outside training that are scheduled for 8 hours will count as full workdays regardless of the actual length of the training or conference. Employees should record the actual hours attended even though the hours may be more or less than a normal workday. All training hours should be accurately recorded on the TRAINING line of the time sheet. Travel Time If an employee leaves from their residence and travels directly to a training site that is within the six county Denver Metropolitan Area, then such travel time is considered the same as traveling to and from a regular work assignment. Travel time for training outside the six county Denver Metropolitan Area, such a long distance driving or air travel, should be compensated by flextime off for the actual time spent in transit by making adjustments to the employee's work schedule prior to the planned travel, if possible. In these circumstances, flextime off may occur during the pay period immediately preceding or following the planned travel. Use of Department Vehicles If available, a Department vehicle may be provided for travel to training classes held outside of the City. If a Department vehicle is not available, the employee can use a personal vehicle. 1. No mileage reimbursement will be provided for using a personal vehicle to attended training within the six county Denver Metropolitan Area. 2. Mileage reimbursement will be provided for using a personal vehicle to attended training outside the six county Denver Metropolitan Area in accordance with City policy. In accordance with City policy, lodging and daily expense compensation will be provided when the training occurs 60 miles or more from the City. Training Policy - 29 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Training Policy 208.8 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) are contained in a web-accessed system that provides training on the Brighton Police Department Policy Manual and other important topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Professional Standards Unit. All officers at the rank of Sergeant and below shall participate in DTBs. They shall only use login credentials assigned to them by the Professional Standards Unit. Personnel should not share their password with others and should frequently change their password to protect the security of the system. After each session, employees should log off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the Department. Officers should complete each DTB at the beginning of their shift or as otherwise directed by their supervisor. Employees should not allow uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed during extended absences personal leave, medical leave) upon returning to duty. Although the DTB system can be accessed from any Internet active computer, employees shall only take DTBs as part of their on-duty assignment, unless directed otherwise by a supervisor. Supervisors will be responsible for monitoring the progress of personnel under their command to ensure compliance with this policy. 208.9 TRAINING RECORDS The Professional Standards Unit is responsible for the creation, filing and storage of all training records. Training records shall be retained in compliance with the current records retention schedule. 208.10 POLICE TRAINING PROGRAM The Professional Standards Unit shall establish a Police Training Program for recruit police officers that is of sufficient duration to provide for the adequate orientation and training of the new peace officer in the lawful operations of the Department. The program shall establish procedures for the selection, appointment and training of Police Training Officers (PTO) and supervisors, the daily evaluation of recruits participating in the program and the rotation of PTO personnel to provide for the objective evaluation of recruit performance. Additionally, the Professional Standards Sergeant will serve as a liaison with the Police Academy staff for any recruit police officers attending an accredited Police Academy. Training Policy - 30 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 212 Brighton Police Department Policy Manual Electronic Mail 212.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of the electronic mail (email) system provided by the Department. Email is a communication tool available to employees to enhance efficiency in the performance of job duties. It is to be used in accordance with generally accepted business practices and current law . Messages transmitted over the email system should generally consist of official business activities or contain information essential to employees for the accomplishment of business-related tasks and/or communications directly related to the business, administration or practices of the Department. 212.2 EMAIL NO RIGHT OF PRIVACY All email messages, including attachments, transmitted over the Department and/or City networks or through a web browser accessing the Department and/or City system are considered Department records and therefore are the property of the Department. The Department reserves the right to access, audit and disclose for any lawful reason, all messages, including attachments, transmitted or received through its e-mail system or placed into its storage. The email system is generally not a confidential system and therefore is not appropriate for confidential communications. If a communication must be confidential, an alternate method to communicate the message should be used. Employees using the Department email system shall have no expectation of privacy concerning communications transmitted over the system. Employees should not use personal accounts to exchange email or other information that is related to the official business of the Department. 212.3 PROHIBITED USE OF EMAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the e-mail system is prohibited and may result in discipline. E-mail messages addressed to the entire Department are only to be used for official business-related items that are of particular interest to all users. All e-mail is subject to review and scrutiny with regard to appropriate content or violation of any prohibitions. In the event that a user has questions about sending a particular e-mail communication, the user should seek prior approval from the Chief of Police or a Captain. Personal advertisements or announcements are not permitted. It is a violation of this policy to transmit a message under another user's name or e-mail address or to use the password of another to log into the system. Users are required to log off the network or secure the workstation when the computer is unattended. This added security measure would minimize the misuse of an individual's e-mail, name and/or password. Electronic Mail - 31 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Electronic Mail 212.4 EMAIL MANAGEMENT Because the end user email system is not designed for, nor does it support, long-term retention and archiving of messages, email that an employee desires to save or that requires retention because it has significant administrative, fiscal, legal or historical value should be printed and/or stored in another database designed for long-term storage and retrieval. Users of email are solely responsible for the management of their mailboxes. Messages should be purged manually by the user at regular intervals. All messages in excess of one month may be deleted or archived at regular intervals from the system. 212.5 EMAIL RECORDS MANAGEMENT Email may, depending upon the individual content, be a record under the Colorado Open Records Act and must be managed in accordance with the organization's adopted records retention, archiving and destruction policy in compliance with state law (CRS § 24-72-201 to 24-72-309). Electronic Mail - 32 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 214 Brighton Police Department Policy Manual Administrative Communications 214.1 PURPOSE AND SCOPE Administrative communications of this Department are governed by the following policies. 214.2 MEMORANDUMS Memorandums may be issued periodically by the Chief of Police or the authorized designee to announce and document all promotions, transfers, hiring of new personnel, separations, individual and group awards and commendations or other changes in status. 214.3 CORRESPONDENCE To ensure that the letterhead and name of the Department are not misused, all official external correspondence should be on Department letterhead. Official correspondence and use of letterhead requires approval of a supervisor. Department letterhead may not be used for personal purposes. Internal correspondence should use appropriate memorandum forms. These may be from line employee to employee, supervisor to employee or any combination of employees. 214.4 OTHER COMMUNICATIONS General Orders and other communications necessary to ensure the effective operation of the Department shall be issued by the Chief of Police, a Captain or other authorized designee. Administrative Communications - 33 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 216 Brighton Police Department Policy Manual Supervision and Staffing Levels 216.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that proper supervision is available for all shifts. The Department intends to balance the employee's needs against its need and inherent managerial right to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the need to meet the operational requirements of the Department. 216.2 MINIMUM POLICE STAFFING LEVELS Minimum staffing levels should result in scheduling at least one police supervisor on-duty at all times. Patrol Sergeants will ensure that at least one field supervisor is deployed during each shift. The minimum staffing level for patrol officers is established by the Operations Captain based upon a workload assessment that is conducted at least annually. The workload assessment evaluates, at a minimum: The number of incidents handled by patrol personnel during a specified period The average time required by patrol to handle an incident based on a sampling of cases The percentage of time, on average, that should be available to the patrol officer to handle calls within a specified period of time Time lost through days off, holidays, personal leave, training and other events compared to the total time required for each patrol assignment 216.2.1 CORPORALS In order to accommodate training and other unforeseen circumstances, a Corporal may be used as a field supervisor in place of a field sergeant. With prior authorization from the Operations Captain, a Corporal may act as the Patrol Sergeant for an extended period of time in accordance with the needs of the Department. Supervision and Staffing Levels - 34 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 220 Brighton Police Department Policy Manual Retired Officer Concealed Weapon Policy 220.1 PURPOSE AND SCOPE The purpose of this policy is to outline the process and conditions associated with the issuance, denial or revocation of a concealed weapon permit endorsement for retired officers. 220.2 QUALIFIED RETIREES Any qualified retired law enforcement officer of this Department who was authorized to, and did, carry a firearm during the course and scope of his/her employment may apply for a retiree concealed weapon permit. Qualified retired law enforcement officer means an individual who (4 CCR 901-1:27): Separated in good standing from service as a law enforcement officer, other than for reasons of mental instability. Before retirement was authorized by law to engage in or supervise law enforcement activities for any violation of law and had statutory powers of arrest. Before retirement was regularly employed as a law enforcement officer for an aggregate of at least 10 years or more, or retired from service with a service-related disability after completion of probation. During the most recent 12-month period has met the state standard for training and qualification to carry firearms. Is not under the influence of alcohol or other intoxicating or hallucinatory drugs or substances. Is not prohibited by any state or federal law from receiving or possessing a firearm or under a current court order. Has in possession photographic identification from this department. A former law enforcement officer is not "in good standing" if they were discharged for cause or resigned prior to the final disposition of allegations of misconduct. A former law enforcement officer is not "in good standing" if they have entered into an agreement with the Department in which that individual acknowledges that they are not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the required photographic identification. Nothing in this policy will prohibit a retired law enforcement officer from seeking and obtaining a concealed weapon permit pursuant to CRS § 18-12-201 et seq. 220.2.1 FIREARMS QUALIFICATIONS This Department may offer a law enforcement officer who retired from this Department the opportunity to obtain the firearms qualifications necessary for certification, as pursuant to this policy, at least once per year at the same facility at which the Department provides firearms training for active law enforcement officers. Retired Officer Concealed Weapon Policy - 35 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Retired Officer Concealed Weapon Policy Retired officers who are unable to obtain Department firearms qualifications because of the distance they live from Brighton should review 4 CCR 901-1: Peace Officer Training Programs And Peace Officer Certification, Rule 27: Retired Law Enforcement Officer Authority to Carry Concealed Weapons and contact their local Sheriff's Office for more information. 220.2.2 RETIRED OFFICER IDENTIFICATION CARDS Retired officers of the Department can be issued a retired officer identification card and shield to be used for identification purposes. Retired officers of the Department who have met all the conditions of this policy and federal law for carrying a concealed weapon as a retired law enforcement officer can also be issued a Department retired officer firearms certification card containing the retired officer's photograph and the date of the last firearms qualification. 1. The date on the retired officer firearms certification card must be less than one year from the time of possession. 2. The retired officer firearms certification card will be replaced with the renewal qualification date. Retired officers of the Department who have not met all the conditions of this policy and federal law for carrying a concealed weapon as a retired law enforcement officer will be issued a retired officer identification card that will clearly state the person is NOT qualified to carry a concealed weapon as a qualified retired law enforcement officer. Nothing in this policy will prohibit a person from obtaining a citizen's Concealed Weapon Permit. 220.2.3 IDENTIFICATION CARD This Department issues photographic identification cards upon request of a qualified retired officer who meets the requirements of 18 USC § 926C and state law (CRS § 24-33.5-112; CRS § 30-10-524; CRS § 31-30-106; CRS § 23-5-142). Prior to issuing the identification card, the Department shall complete a criminal background check through a search of the National Instant Criminal Background Check System (NICS) and a search of the Colorado Integrated Criminal Justice Information System (CICJIS). If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the Department shall not issue the identification (CRS § 24-33.5-112; CRS § 30-10-524; CRS § 31-30-106; CRS § 23-5-142). If the Chief of Police does not issue the identification card to a retired officer, the Department shall provide the retired officer with a written statement showing the reason for the denial (CRS § 24-33.5-112; CRS § 30-10-524; CRS § 31-30-106; CRS § 23-5-142). 220.3 CARRYING FIREARMS OUT OF STATE Subject to 18 USC § 926C and the Firearms and Qualifications Policy, qualified retired officers of this department may be authorized to carry a concealed firearm in other states. 220.4 OTHER RESTRICTIONS Retired officers authorized to carry a concealed weapon are not authorized to: Carry a machine gun, silencer or other destructive device. Retired Officer Concealed Weapon Policy - 36 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Retired Officer Concealed Weapon Policy Act in the capacity of a law enforcement officer of the Department. Carry a firearm on any government property, installation, facility, building, base, or park with laws or regulations prohibiting or restricting the carrying of firearms (such as airports, courts, etc.) Carry a firearm on any other public or privately owned property, facility, building or area, where the carrying of firearms is prohibited or restricted (such a private schools, commercial aircraft, etc.) 220.4.1 RETIRED OFFICER LIABILITY WAIVER AND RELEASE All retired officers who are authorized to carry a concealed weapon must complete the following Waiver and Release Form: I am a retired officer of the Brighton Police Department who is eligible to carry a concealed firearm pursuant to the Law Enforcement Officers Safety Act of 2004 (18 U.S. Code Section 926C). I recognize that the Brighton Police Department is not legally required to provide me with firearms or a firearms qualification course. I understand that to do so, I will be required to fire my weapon under the direct supervision of Brighton Police Department firearms instructors. I agree to indemnify and hold harmless the Brighton Police Department, or its agents and employees, for any injury caused by participation in the qualification process. I further waive any claim for damages against the Brighton Police Department, or its agents and employees, for any injury suffered by me while participating in the qualification course. Further, I hereby specifically agree to indemnify and hold harmless the Brighton Police Department and/or its officers and employees, from any and all liability resulting from my carrying and/or use of any weapon allowed under the Law Enforcement Officers Safety Act of 2004, including, but not limited to, civil litigation. Name of retired officer Signature Name of witness Signature Date Notary endorsement 220.5 RETENTION OF RECORDS Records pertaining to the issuance of retired officer identification cards and firearms qualification cards shall be maintained pursuant to the requirements of any other personnel record or state law. Retired Officer Concealed Weapon Policy - 37 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 221 Brighton Police Department Policy Manual Personnel Records 221.1 PURPOSE AND SCOPE Personnel Records containing data relating to employee status, performance and qualifications will be kept in the confidential files of the Department of Human Resources in accordance with the City of Brighton Employee Handbook Section 1.08. The storage, security, access, contents, employee review and retention schedule will be conducted in accordance with Section 1.08. 221.1.1 DEPARTMENT RECORDS The Departmentmay maintain working copies of personnel records in order to attend to the day-to-day business of the Department. Personnel Records - 38 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 223 Brighton Police Department Policy Manual Political Activity 223.1 PURPOSE AND SCOPE The political activity of all employees is regulated by the City of Brighton Employee Handbook Section 18.11, Subsection 22 entitled Political Activity. All Department members will comply with this policy. Political Activity - 39 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 225 Brighton Police Department Policy Manual Employee Organizations 225.1 PURPOSE AND SCOPE Employees have a right to form, join, support, participate in, or abstain from employee organizations and their lawful activities. Employee Organizations - 40 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 3 - General Operations ---PAGE BREAK--- Policy 300 Brighton Police Department Policy Manual Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this Department is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. All sworn personnel will receive instruction and be issued an electronic copy of the use of force policies contained in the policy manual before being authorized to carry a firearm in the line of duty. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained. Serious Bodily Injury- Bodily injury which involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss ofr impairment of any part or organ of the body, or breaks, fractures, or burns of the second or third degree (CRS 18-1-901 P) 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should report these observations to a supervisor. Use of Force - 42 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Use of Force 300.2.2 REPORTING EXCESSIVE USE OF FORCE An officer who witnesses another peace officer using force in excess of that permitted pursuant to CRS § 18-8-802 must report such use of force to a supervisor. Subsequent written notification shall be within 10 days of the occurrence and include the date, time and place of the occurrence, the identity, if known, and description of the participants, and a description of the events and the force used (CRS § 18-8-802(1)(b)). 300.3 USE OF FORCE GUIDELINES Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. A "fleeing felon" should not be presumed to pose an immediate threat to life in the absence of actions that would reasonably lead one to believe otherwise, such as a previously demonstrated threat to or the wanton disregard for human life. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Any officer is justified in using reasonable and appropriate physical force upon another person when and to the extent that they reasonably believe it necessary (CRS § 18-1-707(1)): To effect an arrest or to prevent the escape from custody of an arrested person, unless he/she knows that the arrest is unauthorized. To defend him/herself or a third person from what the officer reasonably believes to be the use, or imminent use, of physical force while effecting or attempting to effect the arrest of a suspect or while preventing or attempting to prevent the escape of a suspect. Officers shall not apply force in excess of the force permitted by CRS § 18-8-803 to a person who has been rendered incapable of resisting arrest. Use of Force - 43 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Use of Force 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: Immediacy and severity of the threat to officers or others. The conduct of the individual being confronted, as reasonably perceived by the officer at the time. Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). The effects of drugs or alcohol. Subject's mental state or capacity. Proximity of weapons or dangerous improvised devices. The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. The availability of other options and their possible effectiveness. Seriousness of the suspected offense or reason for contact with the individual. Training and experience of the officer. Potential for injury to officers, suspects and others. Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. The risk and reasonably foreseeable consequences of escape. The apparent need for immediate control of the subject or a prompt resolution of the situation. Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. Prior contacts with the subject or awareness of any propensity for violence. Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider: The degree to which the application of the technique may be controlled given the level of resistance. Whether the person can comply with the direction or orders of the officer. Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: Use of Force - 44 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Use of Force An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes any of the following: 1. The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2. The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so. 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this Department shall be documented completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why they believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Department may require the completion of additional report forms, as specified in Department policy, procedure or law. 300.5.1 SUPERVISOR NOTIFICATION Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: The application caused a visible injury. The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. The individual subjected to the force complained of injury or continuing pain. The individual indicates intent to pursue litigation. Any application of a control device. Any application of a restraint device other than handcuffs, shackles or belly chains. The individual subjected to the force was rendered unconscious. An individual was struck or kicked. Use of Force - 45 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Use of Force An individual alleges any of the above has occurred. 300.6 MEDICAL CONSIDERATIONS Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor, or if not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called "excited delirium"), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. Ensure that any injured parties are examined and treated. When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply: 1. The content of the interview should not be summarized or included in any related criminal charges. 2. The fact that a recorded interview was conducted should be documented in a property or other report. 3. The recording of the interview should be marked for retention until all potential for civil litigation has expired. Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible Use of Force - 46 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Use of Force injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. Identify any witnesses not already included in related reports. Review and approve all related reports. Determine if there is any indication that the subject may pursue civil litigation. 1. If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 SHIFT SERGEANT RESPONSIBILITY The Shift Sergeant shall review each use of force by any personnel within their command to ensure compliance with this policy and to address any training issues. 300.8 TRAINING The Professional Standards Unit will ensure that officers receive periodic training on this policy and demonstrate their knowledge and understanding. Use of Force - 47 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 302 Brighton Police Department Policy Manual Use of Force Review Boards 302.1 PURPOSE AND SCOPE This policy establishes a process for the Department to review the use of force by its employees. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force. 302.2 POLICY The Department will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy. 302.3 REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever an employee's actions or use of force in an official capacity, or while using Department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case. 302.4 REVIEW BOARD The Use of Force Review Board will be convened when the use of force by a member results in very serious injury or death to another. The Use of Force Review Board will also investigate and review the circumstances surrounding every discharge of a firearm, whether the employee was on- or off-duty, excluding training or recreational use. The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident. The Support Services Captain will convene the Use of Force Review Board as necessary. It will be the responsibility of the Captain or supervisor of the involved employee to notify the Support Services Captain of any incidents requiring board review. The involved employee's Captain or supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board. 302.4.1 COMPOSITION OF THE BOARD The Support Services Captain should select five Use of Force Review Board members from the following, as appropriate: Representatives of each division Commanding officer in the involved member's chain of command Professional Standards Unit Non-administrative supervisor A peer officer Use of Force Review Boards - 48 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Use of Force Review Boards A sworn peace officer from an outside law enforcement agency Department instructor for the type of weapon, device or technique used The senior ranking command representative who is not in the same division as the involved employee will serve as chairperson. 302.4.2 RESPONSIBILITIES OF THE BOARD The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The board members may request further investigation, request reports be submitted for the board's review, call persons to present information and request the involved employee to appear. The involved employee will be notified of the meeting of the board and may choose to have a representative through all phases of the review process. The board does not have the authority to recommend discipline. The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges the decision not to file criminal charges, or any other action. The board should be provided all relevant available material from these proceedings for its consideration. The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question an officer's decision regarding the use of force. Any questioning of the involved employee conducted by the board will be in accordance with the department's disciplinary procedures, the Personnel Complaints Policy, and any applicable state or federal law. The board shall make one of the following recommended findings: The employee's actions were within Department policy and procedure. The employee's actions were in violation of Department policy and procedure. A recommended finding requires a majority vote of the board. The board may also recommend additional investigations or reviews, such as disciplinary investigations, training reviews to consider whether training should be developed or revised, and policy reviews, as may be appropriate. The board chairperson will submit the written recommendation to the Chief of Police. The Chief of Police shall review the recommendation, make a final determination as to whether the employee's actions were within policy and procedure and will determine whether any additional actions, investigations or reviews are appropriate. The Chief of Police's final findings will be forwarded to the involved employee's Captain for review and appropriate action. If the Chief of Police concludes that discipline should be considered, a disciplinary process will be initiated. At the conclusion of any additional reviews, copies of all relevant reports and information will be filed with the Chief of Police. Use of Force Review Boards - 49 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 303 Brighton Police Department Policy Manual Meal Periods, Breaks and Workday Policies 303.1 PURPOSE AND SCOPE The purpose and scope of this policy is to regulate personal breaks and meal breaks for all Department employees and conform, insofar as reasonably possible, with the policy governing all City employees. 303.1.1 DEFINITIONS The Department has two general classifications of fulltime employees: Type 1: Police Officers, Corporals and Sergeants assigned to the Patrol Section of the Police Operations Division and Police Records Specialists assigned to the Support Services Division. 1. These employees typically work 10 hour shifts in a 24 hour/7 day a week operational environment. Type 2: All other employees who generally work normal business hours. 303.1.2 MEAL BREAKS AND PERSONAL BREAKS Type 1 employees Will take a paid 30 minute meal break during their shift subject to supervisory approval as workload responsibility permits. 1. They remain on duty and subjects to calls during meal breaks. May take a brief personal break during their shift subject to supervisory approval as workload responsibility permits. 1. They remain on duty and subject to calls during personal breaks. Type 2 employees will take: One paid 15 minute personal break in the first half of their workday. These breaks occur at the discretion of the employee and workload responsibilities. One paid 15 minute personal break in the second half of their workday. These breaks occur at the discretion of the employee and workload responsibilities. An unpaid 60 minute lunch midway during the workday. Supervisors have the authority to modify the workday schedule on a day to day, case by case basis. However, supervisors do not have the authority to alter the general rule regulating meal breaks. Meal Periods, Breaks and Workday Policies - 50 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 305 Brighton Police Department Policy Manual Incident Command System 305.1 PURPOSE AND SCOPE Insofar as possible, the Department will utilize the Incident Command System (ICS) and the National Incident Management System (NIMS) for all police operations and emergencies. 305.1.1 TRAINING All Department personnel will receive ICS and NIMS training according to job assignment as determined by the Emergency Manager. The Professional Standards Unit will supervise this training requirement. Incident Command System - 51 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 306 Brighton Police Department Policy Manual Handcuffs and Leg Restraint Devices 306.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 306.2 POLICY The Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy and Department training. Restraint devices shall not be used to punish, to display authority or as a show of force. 306.3 USE OF RESTRAINTS Only members who have successfully completed Department-approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include, but are not limited to: The circumstances or crime leading to the arrest. The demeanor and behavior of the arrested person. The age and health of the person. Whether the person is known to be pregnant. Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. Whether the person has any other apparent disability. 306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain an individual who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. 306.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. No person who is in labor shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary to prevent escape or injury. Labor can be a medical emergency and the appropriate medical assistance should be provided. Handcuffs and Leg Restraint Devices - 52 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Handcuffs and Leg Restraint Devices 306.3.3 RESTRAINT OF JUVENILES A juvenile under 14 years of age should not be restrained unless they are suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure themselves, injure the officer or damage property. 306.3.4 REQUIRED NOTIFICATIONS Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the officer reasonably believes would be potential safety concerns or medical risks to the subject prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail. 306.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Department. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances. In most situations handcuffs should be applied with the hands behind the person's back. When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may cause unreasonable discomfort due to the person's size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility. 306.5 APPLICATION OF SPIT HOODS Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others. Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and that the restrained person can breathe normally. Officers should provide assistance during the movement of restrained individuals due to the potential for impaired or distorted vision on the part of the individual. Officers should avoid comingling individuals wearing spit hoods with other detainees. Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit Handcuffs and Leg Restraint Devices - 53 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Handcuffs and Leg Restraint Devices hood should be removed and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated including hair, head and clothing prior to application of a spit hood. Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use. 306.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort and mobility. Only Department-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary. 306.7 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Department shall be used. In determining whether to use the leg restraint, officers should consider: Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a suspect. Whether it is reasonably necessary to protect the suspect from their own actions hitting their head against the interior of the patrol unit, running away from the arresting officer while handcuffed, kicking at objects or officers). Whether it is reasonably necessary to avoid damage to property kicking at windows of the patrol unit). 306.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints the following guidelines should be followed: If practicable, officers should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person's ability to breathe. The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on their stomach. The officer should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. Handcuffs and Leg Restraint Devices - 54 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Handcuffs and Leg Restraint Devices When transported by ambulance/paramedic unit, the restrained person should be accompanied by an officer when requested by medical personnel. The transporting officer should describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the subject prolonged struggle, extreme agitation, impaired respiration). 306.8 REQUIRED DOCUMENTATION If an individual is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints. If an individual is arrested, the use of restraints other than handcuffs shall be documented in the related report. The officer should include, as appropriate: The amount of time the suspect was restrained. How the suspect was transported and the position of the suspect. Observations of the suspect's behavior and any signs of physiological problems. Any known or suspected drug use or other medical problems. Handcuffs and Leg Restraint Devices - 55 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 307 Brighton Police Department Policy Manual Emergency Restraint Chair 307.1 PURPOSE AND SCOPE The purpose of the Emergency Restraint Chair is to help control detained/arrested subjects who are potentially violent, combative or self destructive. If used properly it can reduce the risk of physical harm to both the detainee and the officers. The Emergency Restraint Chair should never be used as punishment. 307.1.1 PROCEDURES The Emergency Restraint Chair will be used as follows: The chair will only be used for restraint purposes in the secured holding areas in accordance with the manufacturer's specifications. It can be used as a reclining chair for people with physical limitations and/or medical conditions. The chair is a short-term restraint option prior to transport of the detainee to the appropriate detention of medical facility. The maximum period of time that a person can be secured in the chair is two hours. Violent behavior can mask dangerous medical conditions. Detainees should be monitored and provided medical treatment if needed. If the detainee is suffering from a medical condition, then removal from the chair to a prone position with proper restraints may be necessary. Detainees should be handcuffed and wearing leg restraints when warranted. Personal property should be removed from the detainee including: jewelry, glasses, shoes, boots, socks, coats, hats, and belts. Detainees should only wear shirts, pants, or dress. At least two officers shall be present to place the detainee in the chair. A supervisor should be notified and should also be present as soon as possible. Prior to removing the detainee from the chair, temporary restraints will be applied for transport. 307.1.2 REPORTING REQUIREMENTS Use of the Emergency Restraint Chair will require that a police report and a Use of Force Report be completed. 307.1.3 TRAINING Only police personnel trained to use the Emergency Restraint Chair may use the chair. The Professional Standards Unit will schedule periodic training on the use of the Emergency Restraint Chair. Emergency Restraint Chair - 56 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 308 Brighton Police Department Policy Manual Control Devices and Techniques 308.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 308.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Department authorizes officers to use control devices and techniques in accordance with the guidelines in this policy and the Use of Force Policy. 308.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this Department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed Department-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets. 308.4 RESPONSIBILITIES 308.4.1 SHIFT SERGEANT RESPONSIBILITIES The Shift Sergeant may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 308.4.2 RANGEMASTER RESPONSIBILITIES The Rangemaster shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the Rangemaster or the designated instructor for a particular control device. The inspection shall be documented. 308.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Rangemaster Control Devices and Techniques - 57 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Control Devices and Techniques for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage. 308.5 BATON GUIDELINES The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor. 308.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Shift Sergeant, Incident Commander or Mobile Field Force Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed. 308.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public. 308.7.1 OC SPRAY Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 308.7.2 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 308.8 POST-APPLICATION NOTICE FOR TEAR GAS OR OC SPRAY Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, officers should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that clean up will be at the owner's expense. Information regarding the method of notice and the individuals notified should be included in related reports. Control Devices and Techniques - 58 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Control Devices and Techniques 308.9 KINETIC ENERGY PROJECTILE GUIDELINES This Department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. 308.9.1 DEPLOYMENT AND USE Only Department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. The suspect has made credible threats to harm him/herself or others. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. 308.9.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider such factors as: Distance and angle to target. Type of munitions employed. Type and thickness of subject's clothing. The subject's proximity to others. The location of the subject. Whether the subject's actions dictate the need for an immediate response and the use of control devices appears appropriate. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed. Officers should keep in mind the manufacturer's recommendations and their training regarding effective distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, Control Devices and Techniques - 59 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Control Devices and Techniques except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. 308.9.3 SAFETY PROCEDURES Shotguns specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes them readily identifiable as such. Generally, at least one designated shotgun should be deployed on each patrol shift. Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the shotgun is in proper working order and the projectiles are of the approved type and appear to be free from defects. When it is not deployed, the shotgun will be unloaded and properly and securely stored in the armory. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun. 308.10 TRAINING FOR CONTROL DEVICES The Professional Standards Unit shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. All training and proficiency for control devices will be documented in the officer's training file. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. 308.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy. Control Devices and Techniques - 60 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 309 Brighton Police Department Policy Manual TASER® Guidelines 309.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of TASER ® devices. 309.2 POLICY The TASER device is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device should result in fewer serious injuries to officers and suspects. 309.3 ISSUANCE AND CARRYING TASER DEVICES Only members who have successfully completed Department-approved training may be issued and carry the TASER device. TASER devices are issued for use during a member's current assignment. Those leaving a particular assignment may be required to return the device to the Department's inventory. Officers shall only use the TASER device and cartridges that have been issued by the Department. Uniformed officers who have been issued the TASER device shall wear the device in an approved holster on their person. Non-uniformed officers may secure the TASER device in the driver's compartment of their vehicle. Members carrying the TASER device should perform a spark test on the unit prior to every shift. When carried while in uniform, officers shall carry the TASER device in a weak-side holster on the side opposite the duty weapon. All TASER devices shall be clearly and marked to differentiate them from the duty weapon and any other device. Whenever practicable, officers should carry two or more cartridges on their person when carrying the TASER device. Officers shall be responsible for ensuring that their issued TASER device is properly maintained and in good working order. Officers should not hold both a firearm and the TASER device at the same time. 309.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the TASER device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to: Provide the individual with a reasonable opportunity to voluntarily comply. Provide other officers and individuals with a warning that the TASER device may be deployed. If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer's lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but is not required to, display the electrical arc (provided that a cartridge has TASER® Guidelines - 61 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual TASER® Guidelines not been loaded into the device), or the laser in a further attempt to gain compliance prior to the application of the TASER device. The aiming laser should never be intentionally directed into the eyes of another as it may permanently impair his/her vision. The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the TASER device in the related report. 309.5 USE OF THE TASER DEVICE The TASER device has limitations and restrictions requiring consideration before its use. The TASER device should only be used when its operator can safely approach the subject within the operational range of the device. Although the TASER device is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. 309.5.1 APPLICATION OF THE TASER DEVICE The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person: The subject is violent or is physically resisting. The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the TASER device to apprehend an individual. 309.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the TASER device on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes: Individuals who are known to be pregnant. Elderly individuals or obvious juveniles. Individuals with obviously low body mass. Individuals who are handcuffed or otherwise restrained. Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. Individuals whose position or activity may result in collateral injury falls from height, operating vehicles). Because the application of the TASER device in the drive-stun mode direct contact without probes) relies primarily on pain compliance, the use of the drive-stun mode generally should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions. TASER® Guidelines - 62 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual TASER® Guidelines The TASER device shall not be used to torment, elicit statements or to punish any individual. 309.5.3 TARGETING CONSIDERATIONS Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the TASER device probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel. 309.5.4 MULTIPLE APPLICATIONS OF THE TASER DEVICE Officers should apply the TASER device for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the TASER device against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications. If the first application of the TASER device appears to be ineffective in gaining control of an individual, the officer should consider certain factors before additional applications of the TASER device, including: Whether the probes are making proper contact. Whether the individual has the ability and has been given a reasonable opportunity to comply. Whether verbal commands, other options or tactics may be more effective. Officers should generally not intentionally apply more than one TASER device at a time against a single subject. 309.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers shall notify a supervisor of all TASER device discharges. Confetti tags should be collected and the expended cartridge, along with both probes and wire, should be submitted into evidence. The cartridge serial number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin. 309.5.6 DANGEROUS ANIMALS The TASER device may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. 309.5.7 OFF DUTY CONSIDERATIONS Officers are not authorized to carry department TASER devices while off-duty. Officers shall ensure that TASER devices are secured while in their homes, vehicles or any other area under their control, in a manner that will keep the device inaccessible to others. TASER® Guidelines - 63 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual TASER® Guidelines 309.6 DOCUMENTATION REQUIRED Officers shall document all TASER device discharges in the related arrest/crime report and the TASER device report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, laser activation and arcing the device will also be documented on the report form. 309.6.1 TASER DEVICE FORM Items that shall be included in the TASER device report form are: The type and brand of TASER device and cartridge and cartridge serial number. Date, time and location of the incident. Whether any display, laser or arc deterred a subject and gained compliance. The number of TASER device activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications. The range at which the TASER device was used. The type of mode used (probe or drive-stun). Location of any probe impact. Location of contact in drive-stun mode. Description of where missed probes went. Whether medical care was provided to the subject. Whether the subject sustained any injuries. Whether any officers sustained any injuries. The Professional Standards Unit should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Professional Standards Unit should also conduct audits of data downloads and reconcile TASER device report forms with recorded activations. TASER device information and statistics, with identifying information removed, should periodically be made available to the public. 309.6.2 REPORTING REQUIREMENTS The officer should include the following in the arrest/crime report: Identification of all personnel firing TASER devices Identification of all witnesses Medical care provided to the subject Observations of the subject's physical and physiological actions Any known or suspected drug use, intoxication or other medical problems 309.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove TASER device probes from a person's body. Used TASER device probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken. All persons who have been struck by TASER device probes or who have been subjected to the electric discharge of the device shall be medically assessed prior to booking. TASER® Guidelines - 64 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual TASER® Guidelines Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: The person is suspected of being under the influence of controlled substances and/or alcohol. The person may be pregnant. The person reasonably appears to be in need of medical attention. The TASER device probes are lodged in a sensitive area groin, female breast, head, face, neck). The person requests medical treatment. Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications more than 15 seconds) shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible. The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the TASER device. 309.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the TASER device may be used. A supervisor should respond to all incidents where the TASER device was activated. A supervisor should review each incident where a person has been exposed to an activation of the TASER device. The device's onboard memory should be downloaded through the data port by a supervisor or Rangemaster and saved with the related arrest/crime report. Photographs of probe sites should be taken and witnesses interviewed. 309.9 TRAINING Personnel who are authorized to carry the TASER device shall be permitted to do so only after successfully completing the initial Department-approved training. Any personnel who have not carried the TASER device as a part of their assignment for a period of six months or more shall be recertified by Department-approved TASER device instructors prior to again carrying or using the device. Proficiency training for personnel who have been issued TASER devices should occur every year. A reassessment of an officer's knowledge and/or practical skill may be required at any time if deemed appropriate by the Professional Standards Unit. All training and proficiency for TASER devices will be documented in the officer's training file. Command staff, supervisors and investigators may receive TASER device training as appropriate for the investigations they conduct and review. Officers who do not carry TASER devices should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Professional Standards Unit is responsible for ensuring that all members who carry TASER devices have received initial and annual proficiency training. Periodic audits should be used for verification. TASER® Guidelines - 65 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual TASER® Guidelines Application of TASER devices during training could result in injury to personnel and should not be mandatory for certification. The Professional Standards Unit should ensure that all training includes: A review of this policy. A review of the Use of Force Policy. Performing weak-hand draws or cross-draws to reduce the possibility of accidentally drawing and firing a firearm. Target area considerations, to include techniques or options to reduce the accidental application of probes near the head, neck, chest and groin. Handcuffing a subject during the application of the TASER device and transitioning to other force options. De-escalation techniques. Restraint techniques that do not impair respiration following the application of the TASER device. TASER® Guidelines - 66 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 310 Brighton Police Department Policy Manual Officer Involved Shooting 310.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured as the result of an officer-involved shooting. The intent of this policy is to ensure that such incidents be investigated in a fair and impartial manner. 310.2 INVESTIGATION RESPONSIBILITY This Department conforms to the Adams County Critical Incident Team policy and procedures for investigating officer-involved shootings that occur within Adams County. For officer-involved shootings that occur in Weld County, the investigation may be done by the Adams County Critical Incident Team, the Weld County Sheriff, the Weld County District Attorney or any combination thereof. 310.3 TYPES OF INVESTIGATIONS Officer-involved shootings involve several separate investigations. The investigations may include: A criminal investigation of the incident by the agency having jurisdiction where the incident occurred. The Department may request that the criminal investigation be conducted by an outside agency with the approval of the Chief of Police or a Captain. A criminal investigation of the involved officer conducted by an outside agency. A civil investigation to determine potential liability conducted by the involved officer's agency. An administrative investigation conducted by the involved officer's agency to determine if there were any violations of Department policy. 310.4 JURISDICTION Jurisdiction is determined by the location of the shooting and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer involved shootings. 310.4.1 BRIGHTON POLICE DEPARTMENT OFFICER WITHIN THIS JURISDICTION The Brighton Police Department is responsible for the criminal investigation of the suspect's actions, the civil investigation and the administrative investigation. The criminal investigation of the officer involved shooting will be conducted by an uninvolved outside law enforcement agency that has been asked to conduct the investigation. 310.4.2 OUTSIDE AGENCY'S OFFICER WITHIN THIS JURISDICTION The Brighton Police Department is responsible for the criminal investigation of the suspect's actions. The criminal investigation of the officer-involved shooting will be conducted by this Department or an uninvolved outside agency. The officer's employing agency will be responsible for any civil and/or administrative investigation. Officer Involved Shooting - 67 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Involved Shooting 310.4.3 BRIGHTON POLICE DEPARTMENT OFFICER IN ANOTHER JURISDICTION The agency where the incident occurred has criminal jurisdiction and is responsible for the criminal investigation of the incident. That agency may relinquish its criminal investigation of the suspect to another agency. The Brighton Police Department will conduct timely civil and/or administrative investigations of its own personnel. 310.4.4 INVESTIGATION RESPONSIBILITY MATRIX The following table identifies the possible scenarios and responsibilities for the investigation of officer-involved shootings. Criminal Investigation of suspect Criminal Investigation of officer Civil Investigation Administrative Investigation BPD Officer in this jurisdiction BPD Investigators Adams County Critical Incident Team Investigators, or Weld County authorities, and/or uninvolved agency To Be Determined BPD Professional Standards Unit Outside agency's officer in this jurisdiction BPD Investigators Adams County Critical Incident Team Investigators, or Weld County authorities, and/or uninvolved agency Involved officer's agency Involved officer's agency BPD Officer in another jurisdiction Agency where incident occurred Decision made by agency where incident occurred To Be Determined BPD Professional Standards Unit 310.5 THE INVESTIGATION PROCESS The following procedures are guidelines for use in the investigation of an officer involved shooting. 310.5.1 DUTIES OF INITIAL OFFICER ARRIVING ON-SCENE Upon arrival at the scene of an officer-involved shooting, the first uninvolved officer will be the officer in charge and assume the duties of a supervisor until relieved by the responding supervisor, and should: Secure the scene, identify and eliminate hazards for all those involved. Take all reasonable steps to obtain emergency medical attention for all apparently injured individuals. Coordinate a perimeter or pursuit of suspects as appropriate. Request additional resources, units or agencies as appropriate. Brief the supervisor upon arrival. Officer Involved Shooting - 68 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Involved Shooting 310.5.2 DUTIES OF INITIAL ON-SCENE SUPERVISOR Upon arrival at the scene of an officer-involved shooting, the first uninvolved supervisor should continue and complete the duties as outlined above, plus: Attempt to obtain a brief overview of the situation from any nonshooter officers. In the event that there are no nonshooter officers, the supervisor should attempt to obtain a brief voluntary overview from one shooter officer. If necessary, the supervisor may administratively order any officer from this Department to immediately provide the information necessary to secure the scene and pursue suspects. This would include such things as outstanding suspect information, number and direction of shots fired, parameters of the incident scene, identity of known witnesses and similar information. Absent a voluntary statement from any officer, the initial on-scene supervisor should not attempt to order any officer to provide any information other than public safety information. Provide all available information to the Patrol Sergeant and ADCOM. If feasible, sensitive information should be communicated over secure networks. Take command of and secure the incident scene with additional personnel until relieved by a Detective Section supervisor or other assigned personnel. As soon as practicable, shooter officers should respond or be transported (separately, if feasible) to the station or away from the scene to a designated location free from the distractions of the investigative process for further direction. 1. Each involved officer should be given an administrative order not to discuss the incident with other involved officers pending further direction from a supervisor. 310.5.3 PATROL SERGEANT DUTIES Upon learning of an officer-involved shooting, the Patrol Sergeant shall be responsible for coordinating all aspects of the incident until relieved by a Lieutenant, Captain, or Chief of Police. 310.5.4 NOTIFICATIONS The following persons shall be notified as soon as practicable: Chief of Police Captains and Lieutenants Appropriate County based officer-involved shooting rollout team: Adams County Critical Incident Team or Weld County Sheriff/District Attorney Professional Standards Unit supervisor support personnel/Chaplain County Coroner (if necessary) Officer representative (if requested) Public Information Officer All outside inquiries about the incident shall be directed to the Patrol Sergeant. Officer Involved Shooting - 69 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Involved Shooting 310.5.5 MEDIA RELATIONS A single media release shall be prepared with input and concurrence from the supervisor and the agency representative responsible for each phase of the investigation. This release will be available to the Command Staff and the PIO in the event of inquiries from the media. It is the policy of this Department to not release the identities of involved officers absent their consent or as required by law. Moreover, no involved officer shall be subjected to contact from the media and no involved officer shall make any comments to the press unless authorized by the Chief of Police. Employees receiving inquiries regarding incidents occurring in other agency jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 310.5.6 INVOLVED OFFICERS Once the involved officers have arrived at the station, the Patrol Sergeant should admonish each officer that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved officer: Any request for legal representationwill be accommodated. While discussions with licensed attorneys will be considered privileged as attorney-client communications, no involved officer shall be permitted to meet collectively or in a group with an attorney prior to providing a formal interview or report. Discussions with Department representatives employee association) will be privileged only as to the discussion of non-criminal information. However, no involved officer shall be permitted to meet collectively or in a group with a representative or attorney prior to providing a formal interview or report. A or other will be provided by the Department to each involved officer. 1. Interviews with a licensed will be considered privileged and will not be disclosed except to the extent that a report is required to determine whether the officer is fit for return to duty. 2. If an interview or session with a licensed takes place prior to the involved officer providing a formal interview or report, the involved officer shall not be permitted to consult or meet collectively or in a group with a licensed prior to providing a formal interview or report. Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such. Peer counselors are cautioned not to discuss the facts of any incident with an involved or witness officer. Care should be taken to preserve the integrity of any physical evidence present on the officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. Investigators shall make reasonable accommodations to the officer's physical and emotional needs. Each involved officer shall be given reasonable paid administrative leave following an officer-involved shooting. It shall be the responsibility of the Patrol Sergeant to make schedule adjustments to accommodate such leave. Officer Involved Shooting - 70 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Involved Shooting 310.6 SHOOTING INCIDENT CRIMINAL INVESTIGATION 310.6.1 INVESTIGATIVE PERSONNEL Once notified of an officer involved shooting, it shall be the responsibility of the Detective Section supervisor to assign appropriate personnel to handle the investigation of related crimes. Investigators will be assigned to work with those from an outside agency should the investigation be assumed by another agency, and may be assigned to separately handle the investigation of any related crimes that are not being investigated by the outside agency. All related reports, except reports deemed confidential and/or administrative, will be forwarded to the designated supervisor for approval. Confidential reports shall be maintained exclusively by personnel who are authorized for such access. Administrative reports will be forwarded to the appropriate Captain. 310.6.2 CRIMINAL INVESTIGATION This Department may utilize an outside agency to conduct an independent criminal investigation into the circumstances of any officer-involved shooting involving injury or death. If available, investigations personnel from this Department may be assigned to partner with investigators from the outside agency to avoid duplicate efforts in related criminal investigations. Once public safety issues have been addressed, criminal investigators will be given the next opportunity to interview an involved officer in order to give the officer the opportunity to give a voluntary statement. The following shall be considered for the involved officer: Supervisors and Professional Standards Unit personnel should not participate directly in any voluntary interview of the officer. This will not prohibit such personnel from monitoring interviews or indirectly providing areas for inquiry. If requested, any involved officer will be afforded the opportunity to consult individually with a representative of their choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each individual officer's statement, the involved officer shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. Any voluntary statement provided by the officer will be made available for inclusion in the administrative or other related investigations. Absent consent from the involved officer or as required by law, no administratively coerced statement will be provided to any criminal investigators. 310.6.3 REPORTS BY INVOLVED OFFICERS In the event that suspects remain outstanding or are subject to prosecution for related offenses, this Department shall retain the authority to require the involved officer to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals. While the involved officer may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview the involved officer as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of an involved officer should focus on evidence to establish the Officer Involved Shooting - 71 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Involved Shooting elements of criminal activities by the involved suspects. Care should be taken not to duplicate information provided by an involved officer in other reports. Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures and should also be included for reference in the investigation of the officer-involved shooting. 310.7 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer-involved shooting or other major incident may be lost or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to coordinate with criminal investigators to utilize available personnel for the following: Identifying all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from persons who claim they did not witness the incident but were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, an officer should attempt to identify the witness prior to their departure. Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by Department personnel. 1. A written, verbal or recorded statement of consent for transportation should be obtained prior to transporting a witness in a Department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. Assigning available personnel to contact the suspect's known family and associates to obtain any available and untainted background information about the suspect's activities and state of mind prior to the suspect's contact with officers. 310.8 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer involved shooting, this Department will conduct an internal administrative investigation, pursuant to the Personnel Complaint Procedure Policy and the Administrative Investigation Procedure Policy, to determine conformance with Department policy. This investigation will be conducted under the supervision of the Professional Standards Unit and will be considered a confidential peace officer personnel file. Any officer involved in a shooting may be administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of the involved officer. Officer Involved Shooting - 72 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Involved Shooting 1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of their prior statement before proceeding with any subsequent interview. In the event that an involved officer has elected not to provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. 1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer's physical and needs have been addressed before commencing the interview. 2. If requested, the officer shall have the opportunity to select two uninvolved representatives, which may include legal representation, to be present during the interview. However, in order to maintain the integrity of each individual officer's statement, an involved officer shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. 3. Administrative interviews should be recorded by the investigator. The officer may also record the interview. 4. The officer shall be informed of the nature of the investigation and shall be informed their Garrity rights, and assuming there is no voluntary waiver, will then be given an administrative order to provide full and truthful answers to all questions. 5. The administrative interview shall be considered part of the officer's administrative investigation file. 6. The Professional Standards Unit shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies. 7. The completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy. 8. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. 9. The administrative investigation may request completion of a truth verification device examination. No notation or reference to a request or refusal to submit to such an examination may be made in any criminal file or report. 310.9 CIVIL LIABILITY RESPONSE A member of this Department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work-product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation. However, persons preparing the response shall be given reasonable access to all other investigations. Officer Involved Shooting - 73 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Involved Shooting 310.10 AUDIO AND VIDEO RECORDINGS Any officer involved in an incident may be permitted to review available video or audio recordings prior to providing a recorded statement or completing reports. Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV or other video or audio recordings with approval of assigned investigators or a supervisor. Any known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the District Attorney or City Attorney's Office as appropriate. Officer Involved Shooting - 74 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 312 Brighton Police Department Policy Manual Police Firearms 312.1 PURPOSE AND SCOPE This policy establishes procedures for the acquisition, use and documentation of training in the use of duty firearms. The designated Captain or the authorized designee shall approve all duty firearms before they are acquired and utilized by any member of this Department. 312.1.1 AUTHORIZATION TO CARRY FIREARMS Only certified personnel who have met all state and Colorado Peace Officer Standards and Training (POST) requirements and have been authorized by the Chief of Police shall have the peace officer privilege to carry a firearm both on- and off-duty (CRS § 16-2.5-101). 312.2 SAFE HANDLING OF FIREARMS The intent of this policy is to promote proper firearm safety on- and off-duty. Employees shall maintain the highest level of safety when handling firearms and shall consider the following safety considerations. 312.2.1 SAFETY CONSIDERATIONS Officers shall not unnecessarily display or handle any firearm. While at the range, officers shall be governed by all rules and regulations pertaining to the use of the range, shall obey all orders issued by the Rangemaster and shall not dry fire or practice quick draws except under Rangemaster supervision. Officers shall not clean, repair, load or unload a firearm anywhere in the Department, except where there are clearing barrels or chambers, or in other Department-designated locations. Shotguns or rifles removed from vehicles or the equipment storage rooms shall be loaded and unloaded in a designated area outside of the buildings and vehicles. Officers shall not place or store any firearm or other weapon on Department premises, except where the place of storage is locked. No one shall carry firearms into the jail or any part thereof when securing or processing a prisoner, but shall place all firearms in a secured location. It shall be the responsibility of the releasing officer to make sure that persons from outside agencies do not enter the jail with any firearm. Officers shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor or when an emergency or exigency reasonably requires immediate use of the weapon. Any firearm authorized by the Department to be carried on- or off-duty, that is found by the officer to be malfunctioning or needing service shall not be carried. It shall be presented to the Department Rangemaster for inspection. Any firearm determined to be in need of service or repair during an inspection by the Department Rangemaster will be immediately removed from service. If the firearm is the officer's primary duty firearm, a reasonable attempt will be made to find a replacement firearm to be issued to the officer until the duty firearm is serviceable. Police Firearms - 75 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Firearms 312.2.2 STORAGE OF DEPARTMENT RELATED FIREARMS AT HOME Officers shall ensure that all Department related firearms are locked and secured while in their homes, vehicles or any other area under their control in a manner that will keep the firearm inaccessible to children and irresponsible adults. 312.3 AUTHORIZED DUTY FIREARMS No duty firearms will be carried that have not been thoroughly inspected and approved by the Rangemaster and the designated Captain. Except in an emergency or as directed by a supervisor, no duty firearm shall be carried by a member who has not qualified with that firearm at an authorized Department range. The Department requires that officers provide their own handguns for duty use. The Department provides a limited number of semi-automatic rifle caliber carbines and rifles in caliber 9mm parabellum and .223/5.56 NATO for duty use. The Department provides a limited number of pump action 12 gauge shotguns for duty use. Officers may carry a Department owned rifle/carbine or shotgun or they may choose to carry an approved personally owned rifle/carbine and/or shotgun. The following firearms are approved for on-duty use by officers of this Department: Inspected and approved double action revolver and/or semi-automatic pistol in calibers ranging from 9mm/.38 caliber to .45 caliber. Inspected and approved semi-automatic pistol caliber carbine in calibers ranging from 9mm/.38 caliber to .45 caliber. Inspected and approved semi-automatic rifle caliber carbine/rifle in caliber .223/5.56 NATO. Inspected and approved pump action or semi-automatic 12 gauge shotgun. Other inspected and approved specialty firearms as specifically authorized by the Chief of Police or designee. 312.3.1 AUTHORIZED SECONDARY FIREARMS Officers desiring to carry a secondary firearm are subject to the following restrictions: The firearm shall be in good working order and of quality construction. The designated Captain and the Rangemaster shall approve all secondary firearms. Only one secondary firearm may be carried at a time. The purchase of the firearm shall be the responsibility of the officer. The firearm shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. The firearm shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever deemed necessary. Ammunition should be the same caliber and type as Department issue. If the caliber of the firearm is a different caliber than Department issue, the designated Captain and the Rangemaster shall approve the ammunition before it is carried. It is the responsibility of the officer to purchase and get approval for such ammunition. Prior to carrying the secondary firearm, personnel shall qualify under range supervision and thereafter shall qualify in accordance with the Department Police Firearms - 76 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Firearms qualification schedule. Officers must demonstrate proficiency and safe handling, and the serviceability of the firearm. Personnel shall provide written notice of the make, model, color, serial number and caliber of a second firearm to the Rangemaster. 312.3.2 AUTHORIZED OFF DUTY FIREARMS The carrying of firearms by certified officers while off-duty is permitted by the Department but may be rescinded should circumstances dictate administrative leave). Certified officers who choose to carry a firearm while off-duty based on their authority as a peace officer will be required to meet the following guidelines: The firearm shall be in good working order and of quality construction. The firearm must be approved by the designated Captain and the Rangemaster. The purchase of the firearm and ammunition, if other than a Department-issued caliber and type, shall be the responsibility of the officer. All ammunition must be approved by the Rangemaster and the designated Captain before it can be carried. The firearm shall be carried in a safe manner, concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. It will be the responsibility of the officer to submit the firearm, if other than a department-issued duty firearm, to the Rangemaster for inspection prior to being carried. Thereafter the firearm shall be subject to periodic inspection by the Rangemaster. Prior to carrying any off-duty firearm, the officer shall demonstrate to the Rangemaster that they are proficient in handling and firing the firearm and that it will be carried in a safe manner. The officer will successfully qualify with the firearm prior to it being carried and thereafter once every year. A complete description of the firearm shall be contained on the qualification record approved by the Rangemaster. If any member desires to use more than one firearm while off-duty, they may do so as long as the officer meets all the requirements set forth in this policy for each firearm used. Officers shall only carry department-authorized ammunition. When armed, whether on- or off-duty, officers shall carry their badge and department identification. 312.3.3 AMMUNITION Officers shall carry only Department-authorized ammunition. Officers shall be issued fresh duty ammunition on at regular intervals for Standard Calibers. Officers carrying personally owned authorized firearms of a Non-Standard Caliber differing from the Standard Calibers shall be responsible for obtaining fresh duty ammunition in accordance with the above, at their own expense. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Rangemaster when needed, in accordance with established procedure. Standard Caliber ammunition provided by the Department for duty/off-duty use includes: .380 ACP 90 grain Hornady FTX Critical Defense .38 Special +P 110 grain Hornady FTX Critical Defense Police Firearms - 77 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Firearms 9mm 147 grain Winchester Ranger Jacketed Hollow Point .40 S&W 180 grain Winchester Ranger Jacketed Hollow Point .45 ACP 230 grain Winchester Ranger Jacketed Hollow Point .223 Remington 55 grain Hornady TAP 12 gauge Winchester Ranger Segmented Rifled Slug Other special purpose, limited distribution ammunition as approved by the designated Captain. 312.3.4 ALCOHOL AND DRUGS Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drugs that would tend to adversely affect the officer's senses or judgment. 312.3.5 OPTICS OR LASER SIGHTS Optics or laser sights may only be installed on a firearm carried on- or off-duty after the sights have been examined and approved by the Rangemaster. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once the approved sights have been properly installed on any firearm, the officer shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, an officer may only activate a laser sight when the officer would otherwise be justified in pointing a firearm at an individual or other authorized target. 312.4 FIREARMS PROFICIENCY Since officers may carry different authorized firearms according to their assignment, all officers shall demonstrate and maintain a minimum level of proficiency in the use of each duty/off-duty firearm they are authorized to use. Officers failing to demonstrate a minimum level of proficiency with any firearm they are authorized to use may not carry or use the firearm until they participate in the remedial firearm training course provided by the Department. At least annually, all personnel carrying a duty firearm will receive training on the Department Use of Force Policy and demonstrate their knowledge and understanding. The Rangemaster and the Professional Standards Unit will coordinate the delivery of this training. 312.4.1 QUARTERLY FIREARMS QUALIFICATION All certified personnel are required to qualify quarterly and show firearms proficiency with at least one duty and/or off-duty firearm on an approved range course or as directed by the Rangemaster. In addition to regular qualification schedules, the Rangemaster shall be responsible for providing all certified personnel with regular practical training designed to simulate field situations, including shoot, no-shoot situations. Police Firearms - 78 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Firearms 312.4.2 NON-QUALIFICATION Officers unable to qualify during any quarter for any reason, including injury, illness, duty status or scheduling conflict, shall submit a memorandum to their immediate supervisor prior to the end of the required shooting period. Officers who fail to demonstrate firearms proficiency as required by policy should be relieved from field assignment until proficiency is obtained. Officers who fail to qualify on their first shooting attempt shall be provided remedial firearms training until proficiency is demonstrated, and will be subject to the following requirements: Additional range assignments may be required until consistent firearm proficiency is demonstrated. Officers shall be given credit for a range qualification after remedial training and a qualifying score is obtained. A failure to qualify for reasons other than proficiency, including any malfunction of firearms, ammunition or otherwise, is not considered a failed attempt at qualification. 312.5 WARNING SHOTS Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the officer reasonably believes that they appear necessary, effective and reasonably safe. 312.6 DESTRUCTION OF ANIMALS Officers are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. Officers should follow their training to identify animal behaviors that may reasonably put local law enforcement officers or other individuals in imminent danger, in addition to animal behaviors that do not reasonably suggest or pose an imminent danger. In circumstances in which officers have sufficient advance notice that a potentially dangerous animal may be encountered, officers should develop reasonable contingency plans for dealing with the animal fire extinguisher, TASER device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any officer from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. Subject to safety concerns or other exigent circumstances, officers should consider alternatives to the use of firearms. Such alternatives include using the officer's TASER device or allowing the owner to control or remove the animal from the immediate area. 312.6.1 INJURED ANIMALS An officer may euthanize an animal when, in their judgment or in the opinion of a licensed veterinarian, the animal is experiencing extreme pain or suffering or is severely injured, disabled or diseased past recovery. In the event a licensed veterinarian is not available, the animal may be euthanized at the request of the owner or by the written certificate of two persons called to view the animal (CRS § 35-42-110). Police Firearms - 79 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Firearms Injured wildlife may be euthanized whenever the officer determines that no other reasonable action would be practical, humane or effective for the rehabilitation of the wildlife (2 CCR 406-14:1405). A gunshot to the head is an accepted method of euthanasia by the American Veterinary Medical Association, taking into consideration people and nearby animals. The procedure should be performed outdoors and away from public access or visibility. If a disease such as rabies or chronic wasting disease is suspected, euthanasia by gunshot to the head should not be performed. 312.7 REPORT OF FIREARMS DISCHARGE Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to their supervisor as soon as circumstances permit. If the discharge results in injury or death to any person, additional statements and reports shall be made in accordance with the Officer Involved Shooting Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. In all other cases, written reports shall be made as follows: If on-duty at the time of the incident, the member shall file a written report with their Captain or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed. If off-duty at the time of the incident, a written report shall be submitted or recorded statement provided no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor. 312.8 RANGEMASTER DUTIES The firearms range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Professional Standards Unit after each range date. Failure of any officer to sign in and out with the Rangemaster may result in non-qualification. The range shall remain operational and accessible to Department members during hours established by the Department. The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by officers of this department to verify proper operation. The Rangemaster has the authority to deem any privately owned firearm unfit for service. The officer will be responsible for all repairs to their personal firearms; it will not be returned to service until inspected by the Rangemaster. The Rangemaster has the responsibility to ensure each officer on a yearly basis can demonstrate proficiency in the care and cleaning of the duty firearm. The Rangemaster shall complete and submit to the Professional Standards Unit documentation of the courses provided, including the qualifications of each instructor who provides training, a description of the training provided and a list on a form that has been approved by the Department of each officer who completes the training. Police Firearms - 80 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Firearms 312.8.1 FIREARMS INSTRUCTOR PROFICIENCY Each firearms instructor shall meet the proficiency requirements required by the State of Colorado and POST. 312.9 MAINTENANCE AND REPAIR Personal and department-owned duty firearms shall be inspected annually to determine the safety and functioning of the firearm. Firearms carried on-duty shall be maintained in a clean, serviceable condition. Since the use of personally owned firearms is at the option of the individual officer, that officer will be responsible for the furnishing, maintenance and repair of such firearm. 312.9.1 REPAIR OR MODIFICATIONS OF DEPARTMENT FIREARMS Firearms that are the property of the Department may be repaired or modified only by a person certified as an armorer or gunsmith in the repair of the specific firearm, either the Rangemaster or other authorized person. All repairs and/or modifications of Department-issued firearms not performed by the Rangemaster must be authorized in advance by the Rangemaster and accomplished by a Department-approved gunsmith, who is certified to repair such firearm. Any repairs or modifications to the officer's personally owned Department related firearms shall be done at their expense and must be approved by the Rangemaster. 312.10 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR § 1544.219): Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure purposes. Officers must carry their Department identification card, which must contain a full-face picture, the officer's signature and the signature of the Chief of Police or the official seal of the Department, and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials driver's license, passport). In accordance with TSA procedures, the Department will obtain a message containing a unique alphanumeric identifier from TSA through the National Law Enforcement Telecommunications System (NLETS) prior to the officer's travel. The officer must present the message to airport personnel, on the day of travel, as authorization to travel while armed. An official letter signed by the Chief of Police authorizing armed travel must accompany the officer. The letter must outline the officer's need to fly armed, must detail his/her itinerary and should include that the officer has completed the mandatory TSA training for law enforcement officers flying while armed. Officers must have completed the mandated TSA security training covering officers flying while armed. The training should be given by the Department-appointed instructor. Police Firearms - 81 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Firearms It is the officer's responsibility to notify the air carrier in advance of the intended armed travel. This notification can be accomplished by early check-in at the carrier's check-in counter. Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment. Officers should not surrender their firearm but should try to resolve any problems through the flight captain, ground security manager or other management representative of the air carrier. Officers shall not consume alcoholic beverages while aboard an aircraft or within eight hours prior to boarding an aircraft. 312.11 CARRYING FIREARMS OUT OF STATE Qualified active full-time officers and qualified retired officers (see the Retired Officer Concealed Firearm Permit Policy) of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B; 18 USC § 926C): The officer shall carry his/her Department identification card whenever carrying such firearm. Qualified retired officers shall also carry certification of having met firearms qualification within the past 12 months. The officer is not the subject of any current disciplinary action. The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. The officer will remain subject to this and all other Department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas. Active and retired peace officers who are visiting from other states are subject to all requirements set forth in 18 USC § 926B and 18 USC § 926C. 312.12 TRAINING In addition to general training regarding the use of firearms, the Professional Standards Unit shall ensure that training is provided on encounters with dogs in the course of duty as required by CRS § 29-5-112. At a minimum, the training must cover the policies and procedures adopted by this Department. Police Firearms - 82 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 314 Brighton Police Department Policy Manual Vehicle Pursuit Policy 314.1 PURPOSE AND SCOPE Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious injury or death. The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against law enforcement's duty to apprehend violators of the law. Another purpose of this policy is to minimize the potential for pursuit-related collisions. Vehicle pursuits require officers to exhibit a high degree of common sense and sound judgment. Officers must remember that the immediate apprehension of a suspect is generally not more important than the safety of the public and pursuing officers (CRS § 42-4-108). Vehicle pursuits should also be considered as a potential Use of Force action (Policy Manual Section 300) 314.1.1 PHILOSOPHY Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and under difficult and unpredictable circumstances. In recognizing the risk to public safety created by vehicle pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicle pursuit due to the risk involved. This includes circumstances where Department policy would permit the initiation or continuation of the pursuit. It is recognized that vehicle pursuits are not always predictable and decisions made pursuant to this policy will be evaluated according to the totality of the circumstances reasonably available at the time of the pursuit. Officers must remember that the most important factors to the successful conclusion of a pursuit are proper self-discipline and sound professional judgment. Officers conduct during the course of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the circumstances. An individual's unreasonable desire to apprehend a fleeing suspect at all costs has no place in professional law enforcement. 314.2 DEFINITIONS Definitions related to this policy include: Vehicle pursuit - An event involving one or more peace officers attempting to apprehend a suspect who is trying to avoid arrest while operating a motor vehicle by using high speed or other evasive tactics, such as disregarding traffic warning signs, stop signs, red lights, driving off a roadway, turning suddenly or driving in a legal manner but willfully failing to yield to an officer's signal to stop. Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more law enforcement vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which may be unaware of the impending enforcement stop. The goal is containment and preventing a pursuit. Blocking is not a moving or stationary road block. Boxing in - A tactic designed to stop a violator's vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop. Vehicle Pursuit Policy - 83 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy Pursuit Intervention Technique (PIT) - A low-speed maneuver intended to terminate the pursuit by causing the violator's vehicle to spin out and come to a stop. Pursuit Trailing - The term "Pursuit Trailing" means to follow the path of the pursuit at a safe speed, while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units to clearly indicate an absence of participation in the pursuit. Ramming - The deliberate act of impacting a violator's vehicle with another vehicle to functionally damage or otherwise force the violator's vehicle to stop. Roadblocks - A tactic designed to stop a violator's vehicle by intentionally placing a vehicle or other immovable object in the path of the violator's vehicle. Tire deflation device, stop sticks, spikes or tack strips - A device that extends across the roadway and is designed to puncture the tires of the pursued vehicle. 314.3 OFFICER RESPONSIBILITIES It is the policy of this Department that a motor vehicle pursuit shall be conducted using an authorized emergency vehicle that is equipped with a siren and horn, and at least one signal lamp mounted as high as practicable and is capable of displaying a flashing, oscillating or rotating red light visible from the front (CRS § 42-4-213). The following policy is established to provide officers with guidelines for driving with due regard and caution for the safety of all persons using the highway. 314.3.1 WHEN TO INITIATE A PURSUIT Officers are authorized to initiate a pursuit when it is reasonable to believe that a person whom they know or suspect with high probability has committed an act or is involved in circumstances that at the moment represent a grave, imminent threat to the physical well being of another person and is attempting to evade arrest or detention by fleeing in a vehicle that has been given a signal to stop by a peace officer (CRS § 42-4-107). The following factors individually and collectively shall be considered in deciding whether to initiate or continue a pursuit: The seriousness of the known or reasonably suspected crime and its relationship to community safety. The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists and others. The apparent nature of the fleeing suspect whether the suspect represents a serious threat to public safety). The identity of the suspect has been verified and there is comparatively minimal risk in allowing the suspect to be apprehended at a later time. The safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic school zones) and the speed of the pursuit relative to these factors. The pursuing officer's familiarity with the area of the pursuit, the quality of radio communication between the pursuing units and the dispatcher/supervisor, and the driving capabilities of the pursuing officers under the conditions of the pursuit. Vehicle Pursuit Policy - 84 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy The weather, traffic and road conditions that unreasonably increase the danger of the pursuit when weighed against the risks resulting from the suspect's escape. The performance capabilities of the vehicles used in the pursuit in relation to the speed and other conditions of the pursuit. Other persons in or on the pursued vehicle passengers, co-offenders and hostages). The availability of other resources, such as aircraft assistance. The police unit is carrying passengers other than on-duty police officers. Pursuits should not be undertaken with a prisoner in the pursuit vehicle. 314.3.2 TERMINATING A PURSUIT Pursuits shall be discontinued whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risk of continuing the pursuit reasonably appears to outweigh the risk resulting from the suspect's escape. Operating an emergency vehicle in a pursuit with emergency lights and siren does not relieve the operator of an authorized emergency vehicle of the duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of their reckless disregard for the safety of others (CRS § 42-4-108(4)). The above factors on when to initiate a pursuit are expressly included herein and will apply equally to the decision to discontinue as well as the decision to initiate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists, themselves and the public when electing to continue a pursuit. In the context of this policy, the term "terminate" shall be construed to mean to discontinue or to stop chasing the fleeing vehicle. When a pursuit is terminated, no officer will continue to follow the pursued vehicle. In addition to the factors listed above, the following factors should be considered when deciding whether to terminate a pursuit: The distance between the pursuing officers and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time or distance. The pursued vehicle's location is no longer definitely known. The officer's pursuit vehicle sustains damage or a mechanical failure that renders it unsafe to drive. The pursuit vehicle has an emergency equipment failure that causes the vehicle to no longer qualify for emergency operation use. Extended pursuits of violators for misdemeanors not involving abuse or risk of serious harm (independent of the pursuit) should be discontinued. The hazards to uninvolved bystanders or motorists. When the identity of the offender is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit, officers should strongly consider discontinuing the pursuit and apprehending the offender at a later time. When directed to terminate the pursuit by a supervisor. Vehicle Pursuit Policy - 85 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy 314.3.3 SPEED LIMITS The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Vehicle speeds shall be taken into consideration to prevent endangering public safety, officer safety and the safety of the occupants of the fleeing vehicle. Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also consider these factors when determining the reasonableness of the speed of the pursuit (CRS § 42-4-108(2)(c)): Pursuit speeds have become unreasonably unsafe for the surrounding conditions. Pursuit speeds have exceeded the driving ability of the officer. Pursuit speeds are beyond the capabilities of the pursuit vehicle, thus making its operation unsafe. 314.4 PURSUIT UNITS Pursuit units should be limited to three vehicles (two units and a supervisor). However, the number of units involved will vary with the circumstances. An officer or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely arrest the suspect. All other officers should stay out of the pursuit but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the pursuit termination point at legal speeds, following the appropriate rules of the road. Distinctively marked police vehicles should replace unmarked vehicles involved in a pursuit whenever practicable. 314.4.1 OFFICERS A distinctively marked patrol vehicle equipped with emergency overhead lighting should replace a police as primary and/or secondary pursuit unit as soon as practicable. 314.4.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Vehicles not equipped with a red or blue emergency light and siren are prohibited from initiating or joining in any pursuit. Officers in such vehicles may provide support to pursuing units as long as the vehicle is operated in compliance with all traffic laws . 314.4.3 PRIMARY UNIT RESPONSIBILITIES The initial pursuing officer will be designated as the primary pursuit unit and will be responsible for the conduct of the pursuit unless it is unable to remain reasonably close enough to the violator's vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the suspect without unreasonable danger to themselves or other persons. The primary unit should notify ADCOM, commencing with a request for priority radio traffic, that a vehicle pursuit has been initiated, and as soon as practicable, provide information including, but not limited to: The reason for the pursuit. The location and direction of travel. The speed of the fleeing vehicle. Vehicle Pursuit Policy - 86 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy The description of the fleeing vehicle and license number, if known. The number of occupants. The identity or description of the known occupants. The weather, road and traffic conditions. The identity of other agencies involved in the pursuit. Information concerning the use of firearms, threat of force, injuries, hostages or other unusual hazards. Unless relieved by a supervisor or secondary unit, the officer in the primary unit should be responsible for broadcasting the progress of the pursuit. Unless circumstances reasonably indicate otherwise, the primary unit should relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or aircraft joining the pursuit to minimize distractions and allow the primary unit to concentrate foremost on safe pursuit tactics. 314.4.4 SECONDARY UNIT RESPONSIBILITIES The second officer in the pursuit is responsible for: Immediately notifying the dispatcher of his/her entry into the pursuit. Remaining at a safe distance behind the primary unit unless directed to assume the role of primary officer, or if the primary unit is unable to continue the pursuit. Broadcasting the progress of the pursuit unless the situation indicates otherwise. Serving as backup to the primary unit once the subject has been stopped. 314.4.5 PURSUIT DRIVING TACTICS The decision to use specific driving tactics requires the same assessment of considerations outlined in the factors to be considered concerning pursuit initiation and termination. The following are tactics for units involved in the pursuit: Officers, considering their driving skills and vehicle performance capabilities, will space themselves from other involved vehicles such that they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle. Officers may proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation. Because intersections can present increased risks, the following tactics should be considered: 1. Available units not directly involved in the pursuit may proceed safely to controlled intersections ahead of the pursuit in an effort to warn cross traffic. 2. Pursuing units shall exercise due caution and slow down as may be necessary for safe operation when proceeding through controlled intersections (CRS § 42-4-108(2)(b)). As a general rule, officers should not pursue a vehicle driving the wrong way on a roadway, highway or freeway. In the event the pursued vehicle does so, the following tactics should be considered (CRS § 42-4-108(2)(d)): 1. Requesting assistance from an available air unit. 2. Maintaining visual contact with the pursued vehicle by paralleling on the correct side of the roadway. 3. Requesting other units to observe exits available to the suspect. Vehicle Pursuit Policy - 87 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy Notifying the Colorado State Patrol or other law enforcement agency if it appears the pursuit may enter their jurisdiction. Officers involved in a pursuit should not attempt to pass other units unless the situation indicates otherwise or they are requested to do so by the primary unit and a clear understanding of the maneuver process exists between the involved officers. 314.4.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT There should be no paralleling of the pursuit route. Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor. Non-pursuing personnel needed at the termination of the pursuit should respond in a non-emergency manner, observing the rules of the road. The primary unit, secondary unit and supervisor should be the only units operating under emergency conditions (emergency lights and siren) unless other units are assigned to the pursuit. 314.4.7 PURSUIT TRAILING In the event that the initiating unit from this agency relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the termination point in order to provide information and assistance for the arrest of the suspect. The term "Pursuit Trailing" means to follow the path of the pursuit at a safe speed, while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units to clearly indicate an absence of participation in the pursuit. 314.5 SUPERVISORY CONTROL AND RESPONSIBILITIES It is the policy of this Department that available supervisory and management control will be exercised over all motor vehicle pursuits involving officers from this Department. The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor will be responsible for the following: Upon becoming aware of a pursuit, immediately notifying involved officers and ADCOM of supervisory presence and ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the pursuit in order to ensure that the pursuit is conducted within established Department guidelines. Engaging in the pursuit, when appropriate, to provide on-scene supervision. Exercising management and control of the pursuit even if not engaged in it. Ensuring that no more than the number of required law enforcement units needed are involved in the pursuit under the guidelines set forth in this policy. Directing that the pursuit be terminated if, in their judgment, it is not justified to continue the pursuit under the guidelines of this policy. Ensuring that aircraft assistance is requested, if available. Vehicle Pursuit Policy - 88 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy Ensuring that the proper radio channel is being used. Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this agency. Controlling and managing Department units when a pursuit enters another jurisdiction. Preparing a post-pursuit critique and analysis of the pursuit for training purposes. 314.5.1 PATROL SERGEANT RESPONSIBILITIES Upon becoming aware that a pursuit has been initiated, the Patrol Sergeant should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Patrol Sergeant has the final responsibility for the coordination, control and termination of a motor vehicle pursuit and shall be in overall command. The Patrol Sergeant shall review all pertinent reports for content and forward them to the Patrol Lieutenants and Operations Captain. 314.6 COMMUNICATIONS If the pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or communications dispatcher. If the pursuit leaves the jurisdiction of this Department or such is imminent, involved units should, whenever available, switch radio communications to an emergency channel most accessible by participating agencies and units. 314.6.1 ADCOM RESPONSIBILITIES Upon notification that a pursuit has been initiated, ADCOM is responsible for: Coordinating pursuit communications of the involved units and personnel. Notifying and coordinating with other involved or affected agencies as practicable. Ensuring that a field supervisor is notified of the pursuit. Assigning an incident number and logging all pursuit activities. Broadcasting pursuit updates as well as other pertinent information as necessary. Notifying the Patrol Sergeant as soon as practicable. 314.6.2 LOSS OF PURSUED VEHICLE When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating the vehicle. The primary unit will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot. 314.7 INTERJURISDICTIONAL CONSIDERATIONS When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking into consideration distance traveled, unfamiliarity with the area and other pertinent facts, should determine whether to request the other agency to assume the pursuit. Unless entry into another jurisdiction is expected to be brief, it is generally recommended that the primary officer or supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether such jurisdiction is expected to assist. Vehicle Pursuit Policy - 89 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy 314.7.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Brighton Police Department officers will discontinue the pursuit when another agency has assumed the pursuit, unless the continued assistance of the Brighton Police Department is requested by the agency assuming the pursuit. Upon discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a supervisor, to the termination point to assist in the investigation. A supervisor should coordinate with the agency managing the termination point to determine the supervisor's need to respond or otherwise assist in the investigation. The supervisor should obtain any information that is necessary for inclusion in any reports from the agency managing the termination point. The role and responsibilities of officers at the termination of a pursuit that was initiated by this Department will be coordinated with appropriate consideration of the units from the agency assuming the pursuit. Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific. Because of communication limitations between local agencies, a request for another agency's assistance will mean that its personnel will assume responsibility for the pursuit. For the same reasons, when a pursuit leaves another jurisdiction and a request for assistance is made to this Department, the other agency should relinquish control. 314.7.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this Department should not join a pursuit unless specifically requested to do so by the agency whose peace officers are in pursuit. The exception to this is when a single unit from the initiating agency is in pursuit. Under this circumstance, a unit from this Department may join the pursuit until sufficient units from the initiating agency join the pursuit. When a request is made for this Department to assist or take over a pursuit that has entered this jurisdiction, the supervisor should consider these additional factors: Ability to maintain the pursuit Circumstances serious enough to continue the pursuit Adequate staffing to continue the pursuit The public's safety within this jurisdiction Safety of the pursuing officers As soon as practicable, a supervisor or the Patrol Sergeant should review a request for assistance from another agency. The Patrol Sergeant or supervisor, after consideration of the above factors, may decline to assist in or assume the other agency's pursuit. Assistance to a pursuing outside agency by officers of this Department will terminate at the City limits provided that the pursuing peace officers have sufficient assistance from other sources. Ongoing participation from this Department may continue only until sufficient assistance is present. In the event that a pursuit from another agency terminates within this jurisdiction, officers shall notify the initiating agency of the termination of the pursuit, provide appropriate assistance to peace officers from the initiating and other involved agencies including, but not limited to, scene control, coordination and completion of supplemental reports and any other assistance requested or needed. Vehicle Pursuit Policy - 90 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy 314.8 PURSUIT INTERVENTION Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in a motor vehicle through tactical application of technology, tire deflation devices, blocking, boxing in, PIT, ramming or roadblock procedures. Only officers specifically trained in these techniques are authorized to use them. 314.8.1 WHEN PURSUIT INTERVENTION USE IS AUTHORIZED Use of pursuit intervention tactics should be employed only after approval of a supervisor. In deciding whether to use intervention tactics, officers and supervisors should balance the risk of allowing the pursuit to continue with the potential hazards arising from the use of each tactic to the public, the officers and persons in or on the pursued vehicle. With this in mind, the decision to use any intervention tactic should be reasonable in light of the circumstances apparent to the officer at the time of the decision. 314.8.2 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all the dangers associated with discharging firearms. Officers should not utilize firearms during an ongoing pursuit unless the conditions and circumstances meet the requirements authorizing the use of deadly force. Nothing in this section shall be construed to prohibit any officer from using a firearm to stop a suspect from using a vehicle as a deadly weapon. 314.8.3 INTERVENTION STANDARDS Any pursuit intervention tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the officers, the public or anyone in or on the vehicle being pursued. Certain applications of intervention tactics may be construed to be a use of force, including deadly force, and are subject to Department policies guiding such use. Officers shall consider these facts and requirements prior to deciding how, when, where and if an intervention tactic should be employed. Blocking or vehicle intercept should only be considered in cases involving felony suspects or impaired drivers who pose a threat to public safety, and when officers reasonably believe that attempting a conventional enforcement stop will likely result in the driver attempting to flee in the vehicle. Because of the potential risk involved, this technique should only be employed by officers who have received training in such tactics and after giving consideration to the following: 1. The need to immediately stop the suspect vehicle or prevent it from leaving substantially outweighs the risk of injury or death to occupants of the suspect vehicle, officers or other members of the public. 2. All other reasonable intervention techniques have failed or reasonably appear ineffective. 3. Employing the blocking maneuver does not unreasonably increase the risk to officer safety. 4. The target vehicle is stopped or traveling at a low speed. 5. At no time should civilian vehicles be used to deploy this technique. Only those officers trained in the use of the PIT will be authorized to use this procedure and only then with approval of a supervisor upon consideration of the circumstances and conditions presented at the time, including the potential for injury to officers, the public and occupants of the pursued vehicle. Vehicle Pursuit Policy - 91 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy Ramming a fleeing vehicle should be done only after other reasonable tactical means at the officer's disposal have been exhausted. This tactic should be reserved for situations where there does not appear to be another reasonable alternative method. When ramming is used as a means to stop a fleeing vehicle, one or more of the following factors should be present: 1. The suspect is an actual or suspected felon, who reasonably appears to represent a serious threat to the public if not apprehended. 2. The suspect is driving with willful or wanton disregard for the safety of other persons or is driving in a reckless and life-endangering manner. If there does not reasonably appear to be a present or immediately foreseeable serious threat to the public, the use of ramming is not authorized. As with all intervention techniques, pursuing officers should obtain supervisor approval before attempting to box in a suspect vehicle during a pursuit. The use of such a technique must be carefully coordinated with all involved units, taking into consideration the circumstances and conditions apparent at the time, as well as the potential risk of injury to officers, the public and occupants of the pursued vehicle. Tire deflation devices should be deployed only when it is reasonably apparent that only the pursued vehicle will be affected by their use. Prior to the deployment of spike strips, the officer shall notify pursuing units and the supervisor of the intent and location. Officers should carefully consider the limitations of such devices as well as the potential risk to officers, the public and occupants of the pursued vehicle. If the pursued vehicle is a a vehicle transporting hazardous materials or a school bus transporting children, officers and supervisors should weigh the potential consequences against the need to immediately stop the vehicle. Because roadblocks involve a potential for serious injury or death to occupants of the pursued vehicle if the suspect does not stop, the intentional placement of roadblocks in the direct path of a pursued vehicle is generally discouraged and should not be deployed without prior approval of a supervisor, and only then under extraordinary conditions when all other reasonable intervention techniques have failed or reasonably appear ineffective and the need to immediately stop the pursued vehicle substantially outweighs the risk of injury or death to occupants of the pursued vehicle, officers or other members of the public. 314.8.4 CAPTURE OF SUSPECTS Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force that reasonably appears necessary under the circumstances to properly perform their lawful duties. Unless relieved by a supervisor, the primary officer should coordinate efforts to apprehend the suspect following the pursuit. Officers should consider the safety of the public and the involved officers when formulating plans to contain and capture the suspect. 314.9 REPORTING AND REVIEW REQUIREMENTS All appropriate reports shall be completed to comply with local and state regulations. The primary officer will complete appropriate crime/arrest reports. The primary officer or supervisor will complete the appropriate police report. Vehicle Pursuit Policy - 92 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Pursuit Policy After first obtaining available information, the on-duty field supervisor shall complete a Supervisor's Log or interoffice memorandum, briefly summarizing the pursuit to the Command Staff. This memo should minimally contain the following information: 1. Date and time of pursuit 2. Length of pursuit in distance and time 3. Involved units and officers 4. Initial reason and circumstances surrounding the pursuit 5. Starting and termination points 6. Alleged offense, charges filed or disposition: arrest, citation or other release 7. Arrestee information should be provided if applicable 8. Injuries and/or property damage 9. Medical treatment 10. The outcome of the pursuit 11. Name of supervisor handling or at the scene 12. A preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted After receiving copies of reports, logs and other pertinent information, the Chief of Police or the authorized designee will conduct or assign the completion of a post-pursuit review as appropriate to the circumstances. Annually, the Chief of Police should direct a documented review and analysis of Department vehicle pursuits to minimally include policy suitability, policy compliance and training needs. 314.9.1 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary training on pursuits, all certified employees will participate, no less than annually, in regular and periodic training addressing this policy and the importance of vehicle safety and protecting the public at all times. Training will include a recognition of the need to balance the known offense and the need for immediate capture against the risks to officers and others. The Professional Standards Unit will organize and schedule this training. 314.9.2 POLICY REVIEW REQUIRED The Professional Standards Unit will ensure that all certified members of this Department will certify in writing that they have received, read and understand this policy initially and upon any amendments. Vehicle Pursuit Policy - 93 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 316 Brighton Police Department Policy Manual Officer Response to Calls 316.1 PURPOSE AND SCOPE This policy provides for the safe and appropriate response to all emergency and non-emergency situations. 316.2 RESPONSE TO CALLS Officers responding to any call shall proceed with due regard for the safety of all persons and property. The paramount expectation of the Department is that officers arrive safely at the scene of every call. There are only two response modes: Emergency, or Non-emergency Emergency Response Mode: Officers responding to a call in an emergency response mode shall continuously operate emergency lighting equipment and siren while the vehicle is moving (CRS § 42-4-108(3) and CRS § 42-4-213). Responding with emergency lights and siren does not relieve officer of the duty to drive with due regard for the safety of all persons and property and does not protect the officer from the consequences of reckless disregard for the safety of others (CRS § 42-4-108(4)). The use of any other warning equipment without emergency lights and siren does not generally provide an exemption from the vehicle laws (CRS § 42-4-108(3)). Officers should only respond to a call in an emergency response mode when the officer reasonably believes the situation involves the imminent risk of death or serious bodily injury to any person and a rapid response by a police officer is required to address the situation. Examples of such circumstances may include: An officer who requires emergency assistance. A burglary in process that appears to involve an imminent threat to any person's safety. An armed robbery in progress. A person brandishing a deadly weapon. An apparent homicide in progress. A suicide in progress in which the person is armed with a deadly weapon. A fight, riot or other large disturbance involving serious injuries and/or a deadly weapon. An aggravated assault or other aggravated violence in progress. A domestic dispute where serious bodily injury is reasonably believed to be imminent, or has just occurred and the suspect is present. A kidnapping in progress. Officer Response to Calls - 94 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Response to Calls A traffic collision or other event involving an injury, the possibility of an injury, or a threat to the safety of a person. Non-emergency response mode: Officers not responding to a call as an emergency response shall observe all traffic laws and proceed without the use of emergency lights and siren. 316.3 REQUESTING EMERGENCY ASSISTANCE Officers may request emergency assistance when they reasonably believe that there is an imminent threat to the safety of officers, or assistance is needed to prevent imminent serious bodily injury or death to any person. If circumstances permit, the requesting officer should give the following information: The unit number The location The reason for the request and type of emergency The number of units required Where a situation has stabilized and emergency response is not required, the requesting officer shall notify ADCOM. 316.3.1 NUMBER OF UNITS PARTICIPATING Normally, only those units reasonably necessary should respond to a call with an emergency response. The Shift Sergeant or the field supervisor should monitor all emergency responses and reduce or enhance the response as warranted. 316.4 INITIATING EMERGENCY CALL RESPONSE If an officer believes an emergency response to any call is appropriate, the officer shall immediately notify ADCOM. An emergency response of more than one unit should initiate notification of and coordination by ADCOM to avoid any unanticipated intersecting of response routes. An emergency response of more than one unit should initiate notification by ADCOM to the Patrol Sergeant or field supervisor. The Patrol Sergeant or field supervisor will make a determination regarding the appropriateness of the response and reduce or enhance the response as warranted. 316.5 RESPONSIBILITIES OF THE RESPONDING OFFICER Officers shall exercise sound judgment and care with due regard for life and property when responding to a call with an emergency response. During a call involving an emergency response officers may (CRS § 42-4-108(2)): Disregard regulations governing parking or standing when using a warning lamp. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. Exceed any speed limits provided this does not endanger life or property. Disregard regulations governing direction of movement or turning in specified directions. Officer Response to Calls - 95 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Response to Calls The decision to continue as an emergency response is at the discretion of the officer. If, in the officer's judgment, the roadway conditions or traffic congestion does not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of red lights and siren at the legal speed limit. In such an event, the officer should immediately notify ADCOM. An officer shall also discontinue an emergency response when directed by a supervisor or as otherwise appropriate. Upon determining that an emergency response is appropriate, officers shall immediately give the location from which they are responding. The first officer arriving at an emergency response scene should determine whether to increase or reduce the level of the response and notify ADCOM of their determination. Any subsequent change in the appropriate response level should be communicated to ADCOM by the officer in charge of the scene unless a supervisor assumes this responsibility. 316.5.1 EMERGENCY RESPONSE SPECIAL CONDITIONS An officer may exceed the posted speed limit and not use the emergency lights and siren if the action being taken is to establish probable cause for a traffic violation and the officer does not unreasonably endanger life or property. Once probable cause for any traffic violation is established, the officer must immediately activate the emergency lights and siren(CRS § 42-4-108(3). 316.6 ADCOM RADIO COMMUNICATIONS RESPONSIBILITIES Dispatchers should ensure acknowledgment and response of assisting units when an officer requests emergency assistance or when the available information reasonably indicates that the public is threatened with serious injury or death and an immediate law enforcement response is needed. The dispatcher should: Attempt to assign the closest available unit to the location requiring assistance. Immediately notify the Patrol Sergeant. Confirm the location from which the unit is responding. Notify and coordinate outside emergency services fire and ambulance). Continue to obtain and broadcast information as necessary concerning the response, and monitor the situation until it is stabilized or terminated. Control all radio communication during the emergency and coordinate assistance under the direction of the Patrol Sergeant or field supervisor. 316.7 SUPERVISORY RESPONSIBILITIES Upon being notified that an emergency response has been initiated, the Patrol Sergeant or the field supervisor shall verify the following: The proper response has been initiated. No more than those units reasonably necessary under the circumstances are involved in the response. Affected outside jurisdictions are being notified as practicable. The field supervisor shall, whenever practicable, monitor the response until it has been stabilized or terminated, and assert control by directing units into or out of the response if necessary. If, in the supervisor's judgment, the circumstances require additional units to be assigned an emergency response, the supervisor may do so. Officer Response to Calls - 96 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Officer Response to Calls It is the supervisor's responsibility to terminate an emergency response that, in their judgment, is inappropriate due to the circumstances. When making the decision to authorize an emergency response, the Patrol Sergeant or the field supervisor should consider the following: The type of call or crime involved The necessity of a timely response Traffic and roadway conditions The location of the responding units The location of responding Fire and EMS Units 316.8 FAILURE OF EMERGENCY EQUIPMENT If the emergency equipment on the vehicle should fail to operate, the officer must immediately terminate the emergency response. The officer shall notify the Patrol Sergeant, field supervisor or ADCOM of the equipment failure so that another unit may be assigned to the emergency response. Officer Response to Calls - 97 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 318 Brighton Police Department Policy Manual Canines 318.1 PURPOSE AND SCOPE The canine program was established to augment law enforcement services to the community. Highly skilled and trained teams of handlers and canines are used to supplement law enforcement operations to locate individuals, contraband and to apprehend criminal offenders. 318.2 GUIDELINES FOR THE USE OF CANINES Police canines may be utilized in a variety of situations according to the type of training the canine has received. Some canines are trained to detect drugs, some are trained to detect explosives and others are trained as police patrol dogs. Some canines may be trained in several response types. It is important to only use the canine for the situations in which they were specifically trained. The Department currently has a canine trained to detect drugs. Patrol, explosive detection and other special purpose canines may be requested from other area law enforcement agencies. A patrol canine may be used in the investigation of a crime or possible crime, in the execution of a warrant, and to locate and apprehend a suspect if the canine handler reasonably believes that the individual has either committed or threatened to commit any serious offense and if any of the following conditions exist: There is a reasonable belief the individual is an imminent threat of violence or serious harm to the public, any officer or the handler. The individual is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. The individual is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. In any such case, a standard of objective reasonableness shall be used to review the decision to use a canine in view of the totality of the circumstances. Absent a reasonable belief that an individual has committed or threatened to commit a serious offense, mere flight from a pursuing officer shall not serve as good cause for the use of a canine to immediately apprehend an individual. Once the individual has been located and no longer reasonably appears to represent a threat or risk of escape, the canine should be placed in a down-stay or be otherwise secured as soon as it becomes reasonably practical. 318.2.1 PREPARATIONS FOR UTILIZING A PATROL CANINE Prior to the use of a patrol canine to search for or apprehend any individual, the canine handler and/or the supervisor on-scene shall carefully consider all pertinent information reasonably available at the time. The information should include, but is not limited to: The individual's perceived age. The nature of the suspected offense. Canines - 98 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Canines Any potential danger to the public and/or other officers at the scene if the canine is released. The degree of resistance or threatened resistance, if any, the subject has shown. The potential for escape or flight if the canine is not utilized. The potential for injury to officers or the public caused by the suspect if the canine is not utilized. As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved personnel to minimize the risk of unintended injury. A canine handler shall have the ultimate authority not to deploy the canine. The handler will evaluate each situation and determine if the use of a canine is technically feasible. Generally, the decision to deploy the canine shall remain with the handler. However, a supervisor sufficiently apprised of the situation may decide not to deploy the canine. 318.2.2 WARNINGS GIVEN TO ANNOUNCE THE USE OF A PATROL CANINE Unless it would otherwise increase the risk of injury or escape, a clearly audible warning to announce that a canine will be released if the person does not come forth shall be made prior to releasing a canine. The canine handler, when practicable, shall first advise the supervisor of their decision if a verbal warning is not given prior to releasing the canine. In the event of an apprehension, the handler shall document in any related report whether a verbal warning was given and, if none was given, the reasons why. 318.2.3 USE OF DRUG DETECTION CANINES A narcotic detection-trained canine may be used in accordance with current law under the following circumstances: To assist in the search for narcotics during a search warrant service. To obtain a search warrant by using the detection canine in support of probable cause. To search vehicles, buildings, bags and any other articles as deemed necessary. A narcotic detection-trained canine will not be used to search a person for narcotics unless the canine is trained to passively indicate the presence of narcotics. 318.2.4 CANINE SEARCHES AT SCHOOLS In the interest of providing students of School District 27J with a safe and orderly learning environment, both the Brighton Police Department and the School District recognize the negative effect of possessing illegal or unauthorized controlled substances on school grounds. The presence and/or use of illegal or unauthorized controlled substances presents a health hazard for students and staff and contributes to violent or self-destructive behavior. In United States v. Place 462 U.S. 696 (1983) the United States Supreme Court ruled the use of a specially trained canine to detect the presence of narcotics is not a search under the meaning of the Fourth Amendment to the United States Constitution. Because of this, the use of a specially trained canine is ideal for the detection of illegal controlled substances. Procedure Canines - 99 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Canines During the school year, the Brighton Police Department Canine Unit will conduct random narcotics searches of lockers and school grounds at School District 27J schools located within the City limits. Searches will be authorized by written request of School District 27J officials submitted prior to the commencement of each school year. To facilitate these searches, the School Resource Officer (SRO) assigned to the school to be searched will coordinate with the Department Canine Officer and the appropriate school administrator. Based on the layout of the school and available personnel, the SRO and the Canine Officer will develop a plan for conducting the search. Upon the development of a search plan, the SRO will meet with the appropriate school administrator to advise them of them of the search plan. The school administrator may recommend modifications to the plan if necessary. To ensure proper coordination, the SRO will conduct a briefing for all involved SROs, Canine Officers, and police officers. Searches will not be conducted during passing periods in order to provide a safe environment for students, faculty, officers and the canine. if students happen to enter the hallway being searched, the search will be suspended until the hallway is clear. Students will not be allowed to touch or have contact with the canine. If the police canine alerts on a locker or other location, the time and locker number/location will be recorded. This information will be relayed to the selected school administrators. A school staff member will be assigned to watch the locker until it is searched. Lockers and other location searches are a school function and will be conducted only by school personnel. Police officers will not direct school staff to search lockers nor will they conduct a physical search of school lockers. If the police canine alerts on a vehicle parked on school property, the make, model, license plate number and location of the vehicle will be recorded. The officer will notify the appropriate school administrator. According to School District policy, implied consent to search exists when a vehicle is parked on school property. The school will contact the student and/or parent responsible for the car to obtain consent for a search. The SRO or other assigned officer will take custody of any illegal drugs or other illegal contraband found by school administrators. A Department case number will be assigned. Criminal charges and seized items will be handled in accordance with Department policy. Classroom searches utilizing the canine will only be conducted when the classroom has been emptied of students. A school staff member/administrator will be present during the search and will conduct searches of personal items in the classroom. The canine will not be used to conduct searches of individuals. Upon conclusion of the search, the SRO will complete an information report documenting the results of the search. The report will include: 1. The location of the search 2. The names of the officers involved in the search 3. The duration of the search 4. The results of the search 5. The names of any suspects apprehended or cited as result of the search Canines - 100 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Canines 6. The case number assigned to the action The case number will be forwarded to the Department Command Staff for review. 318.2.5 GUIDELINES FOR NON-APPREHENSION USE Because canines have senses far superior to those of humans, they may be effectively utilized to track or search for non-criminals lost children, individuals who may be disoriented or in need of medical attention) or even suspects wanted for minor criminal offenses. In such circumstances it will be necessary for the handler to evaluate the conditions and ability of the canine to determine the feasibility of such an application. Absent a change in circumstances that present an imminent threat to officers, the canine or the public, such applications should be conducted on-leash or under such conditions that the canine will not bite or otherwise injure the individual, if located. Throughout the deployment of the canine in such circumstances, the handler should give periodic verbal assurances that the canine will not bite or hurt the person. Unless otherwise directed by a supervisor, assisting personnel should take direction from the handler in order to minimize interference with the canine. Once the individual has been located, the canine should be placed in a down stay or otherwise secured as soon as it becomes reasonably practicable. 318.2.6 REPORTING CANINE USE, BITES AND INJURIES Whenever a canine is deployed and intentionally bites or otherwise causes injury to a suspect, a supervisor shall be notified and the injuries documented in a Canine Use Report Form. The deployment and injuries should also be included in any related incident or arrest report. Any unintended bite or injury caused by the canine during deployments, operations, training, presentations or under any other circumstances, either on- or off-duty, shall be reported to the canine unit coordinator. Unintended bites or injuries caused by the canine should be documented in an administrative report, not on a Canine Use Report Form. 318.2.7 REPORTING CANINE INJURIES In the event that a canine is injured, the injury will be immediately reported to the Shift Sergeant. Medical care for any injured canine shall follow the protocol established in this policy. The injury will be documented on a Canine Use Report Form. 318.2.8 ASSIGNMENT OF CANINES The canine teams shall be assigned to the Police Operations Division. Canine teams should function primarily as cover units. However, they may be assigned by the Patrol Sergeant to other functions based on the needs of the watch at the time. Canine teams should not be assigned to handle matters that will take them out of service for extended periods of time unless absolutely necessary and only with the approval of the Patrol Sergeant. Canines - 101 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Canines 318.3 REQUEST FOR USE OF CANINE TEAMS Personnel within the Department are encouraged to freely solicit the use of the canines. Requests for a canine team from outside of the Police Operations Division shall go through the canine unit coordinator or the Patrol Sergeant. 318.3.1 REQUEST FOR ASSISTANCE FROM OTHER AGENCIES The Shift Sergeant or the canine unit coordinator must approve all requests for canine assistance from outside agencies subject to the following provisions: Canine teams shall not be used for any assignment that is not consistent with this policy. The handler has the ultimate authority to decide whether the canine is to be used for a specific assignment. Canine teams shall not be called out while off-duty or used outside the jurisdiction of the Brighton Police Department unless authorized by the Shift Sergeant or the canine unit coordinator. It shall be the responsibility of the canine handler to coordinate with outside agency personnel in order to minimize the risk of unintended injury. 318.3.2 REQUEST FOR PUBLIC DEMONSTRATIONS All public requests for a canine team shall be approved by the canine unit coordinator prior to making any commitment. Handlers shall not demonstrate any apprehension work to the public unless authorized to do so by the canine unit coordinator. 318.4 SELECTION OF CANINE OFFICERS The following are the minimum qualifications for the assignment of canine handler: The handler is a non-probationary Brighton Police Department officer. The handler resides in an adequately fenced dwelling. The handler lives within 30 minutes travel time from the City limits. The handler agrees to be assigned to the position for a minimum of three years. 318.5 CANINE OFFICER RESPONSIBILITIES 318.5.1 AVAILABILITY The Canine Officer shall be available for call-out under conditions specified by the canine unit supervisor. 318.5.2 CARE FOR THE CANINE AND EQUIPMENT The Canine Officer shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection and living conditions. The handler will be responsible for the following: Unless required by a particular application, the Canine Officer shall not expose the canine to any foreseeable and unreasonable risk of harm. Canines - 102 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Canines The Canine Officer shall maintain all Department equipment under their control in a clean and serviceable condition, and when not on-duty shall maintain the canine unit in a garage, secured from public view. The Canine Police vehicle will be a specially equipped marked patrol vehicle identifying it as a Canine Vehicle. When a Canine Officer takes a vacation or extended number of days off, the assigned canine vehicle shall be maintained at the Police Department. Canine Officer shall permit the canine unit supervisor to conduct spontaneous on-site inspections of affected areas of their residence, as well as the canine unit, to verify that conditions and equipment conform to this policy. Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the canine unit supervisor as soon as possible. When off-duty, canines shall be maintained in kennels provided by the City at the homes of their Canine Officer. When a canine is kenneled at the Canine Officer's home, the gate shall be secured with a lock. When off-duty, canines may be let out of their kennels while under the direct control of their Canine Officer. The canine should be permitted to socialize in the home with the handler's family for short periods of time and under the direct supervision of the Canine Officer. Under no circumstances will the canine be lodged at another location unless approved by the canine unit supervisor or Patrol Sergeant. When off-duty, Canine Officer shall not involve their canines in any activity or conduct unless approved in advance by the canine unit supervisor or Patrol Sergeant. Whenever a Canine Officer anticipates taking a vacation or an extended number of days off, it may be necessary to temporarily relocate the canine. In those situations the Canine Officer shall give reasonable notice to the canine unit supervisor so that appropriate arrangements can be made. 318.5.3 CANINES IN PUBLIC AREAS All canines shall be kept on a leash when in areas that allow access to the public. Exceptions to this rule would include specific law enforcement operations for which the canines are trained. Canines shall not be left unattended in any area to which the public may have access. When the canine unit is left unattended all windows and doors shall be secured in such a manner as to prevent unauthorized access to the canine. The Canine Officer shall also ensure that the unattended unit remains inhabitable for the canine. 318.5.4 CANINE OFFICER COMPENSATION The canine handler shall be compensated for time spent in the care, feeding, grooming and other needs of the canine, in accordance with the Fair Labor Standards Act and City policies. 318.6 MEDICAL CARE OF THE CANINE All medical attention shall be rendered by the designated canine veterinarian, except during an emergency as provided within this policy. Canines - 103 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Canines 318.6.1 NON-EMERGENCY MEDICAL CARE Non-emergency medical care will be coordinated through the canine unit supervisor. Any indication that a canine is not in good physical condition shall be reported to the canine unit supervisor or the Shift Sergeant as soon as practicable. All records of medical treatment shall be maintained in the Canine Officer's program file. 318.6.2 EMERGENCY MEDICAL CARE The Canine Officer will notify the canine unit supervisor as soon as practicable when emergency medical care for the canine is required. Depending on the severity of the illness or injury, the canine shall either be treated by the designated veterinarian or transported to a designated emergency medical facility for treatment. If the Canine Officer and canine are out of the area, the handler may use the nearest available veterinarian. 318.7 TRAINING Before assignment in the field, each canine team shall be trained and certified to meet current recognized national standards or the vendor's standards. Cross-trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives shall be trained and certified to meet a nationally recognized standard or vendor standards established for such detection canines. Canine teams may not be used outside the scope of their certification. The Professional Standards Unit will be responsible for scheduling periodic training for all Department personnel in order to familiarize them with how to conduct themselves in the presence of canines. 318.7.1 CONTINUED TRAINING Each canine team shall thereafter be recertified to a current nationally recognized standard or the vendor's standards on an annual basis. Additional training considerations are as follows: Canine teams shall receive training to a current nationally recognized standard. Canine Officers are encouraged to engage in additional training with approval of the canine unit supervisor. To ensure that all training is consistent, no Canine Officer, trainer or outside vendor is authorized to train to a standard that is not reviewed and approved by the Department. All canine training shall be conducted while on-duty unless otherwise approved by the canine unit coordinator or Patrol Sergeant. 318.7.2 TRAINING CERTIFICATION Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved. 318.7.3 TRAINING RECORDS All canine training records shall be maintained in the Canine Program training files. Canines - 104 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Canines 318.8 CANINE UNIT SUPERVISOR RESPONSIBILITIES The canine unit supervisor will be appointed by the Command Staff and will supervise the canine program. The canine unit supervisor is directly responsible to the Police Operations Captain. The canine unit supervisor will be responsible for, but not limited to: Reviewing all canine use reports to ensure compliance with policy and to identify training issues and other needs of the program. Maintaining liaison with the vendor kennel. Maintaining liaison with administrative staff and functional supervisors. Maintaining liaison with other agency canine coordinators. Maintaining accurate records to document canine activities. Recommending and overseeing the procurement of needed equipment and services for the unit. Being responsible for scheduling all canine-related activities. Ensuring the canine teams are scheduled for continuous training to maximize the capabilities of the teams. 318.9 CONTROLLED SUBSTANCE TRAINING AIDS Controlled substance training aids are required to effectively train and maintain drug detecting dogs. Controlled substances can also be an effective training aid during training sessions for law enforcement personnel and the public. The Chief of Police or the authorized designee, at their discretion, may authorize an employee to seek a court order to allow controlled substances to be maintained in the employee's possession for training purposes. This applies to any duly authorized peace officer or civilian drug detection canine trainer working under the direction of a law enforcement agency, provided that: The controlled substances are no longer needed as criminal evidence. The person receiving the controlled substances, if required by the Drug Enforcement Administration (DEA), possesses a current and valid DEA registration that specifically authorizes the recipient to possess controlled substances while providing substance abuse training to law enforcement or the community or while providing canine drug detection training. As an alternative, the Chief of Police or the authorized designee may request narcotics training aids while providing substance abuse training or canine drug detection training from the DEA by filling out the DEA-225 form at www.deadiversion.usdoj.gov. 318.9.1 CONTROLLED SUBSTANCE TRAINING AIDS PROCEDURES Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of accidental ingestion of these controlled substances by the canine, the following procedures shall be strictly followed: All necessary controlled substance training samples shall be acquired from the Brighton Police Department's evidence personnel or from outside agencies authorized to provide controlled substance training samples. All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler. The weight and test results shall be recorded and maintained by this Department. Canines - 105 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Canines Any person receiving controlled substance training samples pursuant to court order shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances. All controlled substance training samples will be inspected, weighed and tested quarterly. The results of the quarterly testing shall be recorded and maintained by the canine coordinator with a copy forwarded to the dispensing agency. All controlled substance training samples will be stored in locked airtight and watertight cases at all times, except during training. The locked cases shall be secured in the trunk of the canine handler's assigned patrol unit or stored in a locked evidence locker. There are no exceptions to this procedure. The canine unit supervisor shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. Any unusable controlled substance training samples shall be returned to the Property and Evidence Section or to the dispensing agency. All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. Canines - 106 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 320 Brighton Police Department Policy Manual Domestic Violence 320.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence. 320.1.1 DEFINITIONS Definitions related to this policy include: Court order - All forms of orders related to domestic violence, that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. 320.2 POLICY The Brighton Police Department's response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this Department to facilitate victims' and offenders' access to appropriate civil remedies and community resources whenever feasible. 320.3 OFFICER SAFETY The investigation of domestic violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved. 320.4 DOMESTIC VIOLENCE INVESTIGATIONS The following guidelines should be followed by officers when investigating domestic violence cases: Calls of reported, threatened, imminent or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. When practicable, officers should obtain and document statements from the victim, the suspect and any witnesses, including children, in or around the household or location of occurrence. Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up. When practicable and legally permitted, video or audio record all significant statements and observations. All injuries should be photographed, regardless of severity, taking care to preserve the victim's personal privacy. Where practicable, photographs should be taken by Domestic Violence - 107 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Domestic Violence a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Police Department in the event that the injuries later become visible. Officers should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement and make an arrest or seek an arrest warrant if appropriate. Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report. Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include: 1. Marital status of suspect and victim. 2. Whether the suspect lives on the premises with the victim. 3. Claims by the suspect that the victim provoked or perpetuated the violence. 4. The potential financial or child custody consequences of arrest. 5. The physical or emotional state of either party. 6. Use of drugs or alcohol by either party. 7. Denial that the abuse occurred where evidence indicates otherwise. 8. A request by the victim not to arrest the suspect. 9. Location of the incident (public/private). 10. Speculation that the complainant may not follow through with the prosecution. 11. The racial, cultural, social, professional position or sexual orientation of the victim or suspect. 320.4.1 IF A SUSPECT IS ARRESTED If a suspect is arrested, officers should: Advise the victim that there is no guarantee the suspect will remain in custody. Provide the victim's contact information to the jail staff to enable notification of the victim upon the suspect's release from jail. Advise the victim whether any type of court order will be in effect when the suspect is released from jail. 320.4.2 IF NO ARREST IS MADE If no arrest is made, the officer should: Advise the parties of any options, including but not limited to: 1. Voluntary separation of the parties. Domestic Violence - 108 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Domestic Violence 2. Appropriate resource referrals counselors, friends, relatives, shelter homes, victim witness unit). Document the resolution in a report. 320.5 VICTIM ASSISTANCE Victims may be traumatized or confused. Officers should: Recognize that a victim's behavior and actions may be affected. Provide the victim with the Department's domestic violence information handout, even if the incident may not rise to the level of a crime. Alert the victim to any available victim advocates, shelters and community resources. Stand by for a reasonable amount of time when an involved person requests law enforcement assistance while removing essential items of personal property. Seek medical assistance as soon as practicable for the victim if he/she has sustained injury or complains of pain. Ask the victim whether he/she has a safe place to stay. Assist in arranging to transport the victim to an alternate shelter if the victim expresses a concern for his/her safety or if the officer determines that a need exists. Make reasonable efforts to ensure that children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. Seek or assist the victim in obtaining an emergency order if appropriate. 320.6 ADCOM DISPATCH ASSISTANCE All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable. ADCOM Dispatchers are not required to verify the validity of a court order before responding to a request for assistance. Officers should request that dispatchers check whether any of the involved persons are subject to the terms of a court order. 320.7 FOREIGN COURT ORDERS Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court order shall be enforced, regardless of whether the order has been properly registered with this state. 320.8 VERIFICATION OF COURT ORDERS Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and, where appropriate and practicable: Ask the subject of the order about their notice or receipt of the order, their knowledge of its terms and efforts to respond to the order. Domestic Violence - 109 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Domestic Violence Check available records or databases that may show the status or conditions of the order. Contact the issuing court to verify the validity of the order. Contact a law enforcement official from the jurisdiction where the order was issued to verify information. Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed. 320.9 LEGAL MANDATES AND RELEVANT LAWS Colorado law provides for the following: 320.9.1 STANDARDS FOR ARRESTS Officers investigating a domestic violence report should consider the following: If an officer has probable cause to believe an offender has committed an offense of domestic violence, an arrest shall be made (CRS § 18-803.6). An officer is not required to arrest both parties involved in an alleged act of domestic violence when both claim to have been victims of such domestic violence (CRS § 18-6-803.6). If an officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine if a crime has been committed by one or more persons. In determining whether a crime has been committed by one or more persons, the officer shall consider the following (CRS § 18-6-803.6): 1. Any prior complaints of domestic violence. 2. The relative severity of the injuries inflicted on each person. 3. The likelihood of future injury to each person. 4. The possibility that one of the persons acted in self-defense. Unless impractical, if probable cause exists to believe an offender has violated a court order and that such offender had notice of the court order, an arrest shall be made (CRS § 18-6-803.5). If the circumstances make arrest impractical, the officer shall seek a warrant of arrest for the offender (CRS § 18-6-803.5). If a restrained person is arrested for violating or attempting to violate any provision of a court order, the arresting officer shall make all reasonable efforts to contact the protected party to notify them of such arrest (CRS § 18-6-803.5). When probable cause exists, officers shall arrest a person who has committed a crime as part of a domestic violence incident. 1. If a perpetrator of domestic violence is no longer at the scene, diligent efforts will be made by the assigned officer to locate and arrest the perpetrator. 2. A warrantless arrest affidavit and summons shall be prepared. 3. An entry into the CCIC "Attempt to Locate" file shall be made. 4. The warrantless arrest affidavit and summons will be placed in the Master File in the Records Section 5. Assistance from officers on other shifts will be utilized if apprehension of the suspect is more likely to occur on a different shift. Domestic Violence - 110 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Domestic Violence 6. The assigned officer will notify the oncoming shift supervisor of the case and request assistance in locating the suspect. 7. All officers will document their attempts to locate the suspect in a supplemental report 8. If the suspect is not apprehended after a period of 72 hours, the assigned officer will complete a supplemental report detailing the actions taken to apprehend the suspect. 9. The assigned officer will prepare an affidavit for an arrest warrant and a misdemeanor case filing for presentation and delivery to the appropriate District Attorney 10. If the assigned officer's days off occur before 72 hours have elapsed, the officer will complete the arrest warrant affidavit and case filing and arrange to have the information delivered to the appropriate District Attorney. 11. A summons shall not remain in the "Summons to be Served" box in Records as a final disposition after the 72 hours have elapsed. 12. Once the case is accepted by the District Attorney, the CCIC "Attempt to Locate" entry will be removed. 320.9.2 REPORTS AND POLICE RECORDS The Police Records Supervisor will maintain records on the number of domestic violence-related calls reported to the Brighton Police Department and will forward such records to the state upon request (CRS § 18-6-803.9). In the event that an individual is arrested by the Brighton Police Department for violating a court order, the Police Records Supervisor shall forward to the issuing court a copy of the arrest report, a list of witnesses to the violation, and, if applicable, a list of any charges filed or requested against the restrained person. The Police Records Supervisor shall also ensure that a copy of the same information is provided to the protected party. The agency shall delete the address and telephone number of a witness from the list sent to the court upon request of such witness, and such address and telephone number shall not thereafter be made available to any person, except law enforcement officials and the prosecuting agency, without order of the court (CRS § 18-6-803.5). If a restrained person is on bond in connection with a violation or attempted violation of a protection order in this or any other state and is subsequently arrested by the Brighton Police Department for violating or attempting to violate a protection order, the Police Records Supervisor shall notify the prosecuting attorney so that a motion may be filed with the court that issued the prior bond for the revocation of the bond and for the issuance of a warrant, if appropriate (CRS § 18-6-803.5). 320.9.3 SERVICE OF COURT ORDERS Officers responding to a domestic violence call who encounter a person named in a court order that has not been otherwise served shall serve the person with a copy of the order (CRS § 13-14-107) if the officer possesses or has reasonable access to the court order. 320.9.4 FIREARMS AND AMMUNITION Colorado law provides for the following: Pursuant to CRS 13-14-102, Colorado civil and criminal courts are required to order a person restrained by a qualifying protection order or convicted of a qualifying crime Domestic Violence - 111 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Domestic Violence involving domestic violence to refrain from possessing or purchasing any firearm or ammunition. Once a protection order is issued to a person, that person, in most cases, will be required to relinquish control of any firearms and ammunition in their possession. The person may 1. Store firearms and ammunition with a law enforcement agency electing to provide this service 2. Sell or transfer the firearms and ammunition to a federally licensed firearms dealer 3. Sell or transfer the firearms and ammunition to a private party through a federally licensed firearms dealer While these three options listed above exist by law, the Brighton Police Department will not provide storage for relinquished firearms and ammunition. Domestic Violence - 112 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 322 Brighton Police Department Policy Manual Search and Seizure 322.1 PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Brighton Police Department personnel to consider when dealing with search and seizure issues. 322.2 POLICY It is the policy of the Brighton Police Department to respect the fundamental privacy rights of individuals. Members of this Department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this Department will comply with relevant federal and state law governing the seizure of persons and property. In accordance with the Training Policy, the Professional Standards Unit will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate. 322.3 SEARCHES The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: Valid consent Incident to a lawful arrest Legitimate community caretaking interests Vehicle searches under certain circumstances Exigent circumstances Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and their familiarity with clearly established rights as determined by case law. Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. 322.4 SEARCH PROTOCOL Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit: Search and Seizure - 113 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Search and Seizure Members of this Department will strive to conduct searches with dignity and courtesy. Officers should explain to the person being searched the reason for the search and how the search will be conducted. Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition. In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When it is not practicable to summon an officer of the same sex as the subject, the following guidelines should be followed: 1. Another officer or a supervisor should witness the search. 2. The officer should not search areas of the body covered by tight-fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 322.5 DOCUMENTATION Officers are responsible to document any search and to ensure that any required reports are sufficient including, at minimum, documentation of the following: Reason for the search Any efforts used to minimize the intrusiveness of any search asking for consent or keys) What, if any, injuries or damage occurred All steps taken to secure property The results of the search, including a description of any property or contraband seized If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and Department policy have been met. Search and Seizure - 114 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 324 Brighton Police Department Policy Manual Temporary Custody of Juveniles 324.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Brighton Police Department (42 USC § 5633). 324.1.1 DEFINITIONS Definitions related to this policy include: Juvenile non-offender - An abused, neglected, dependent or alien juvenile who may be legally held for his/her own safety or welfare. Juvenile non-offenders include a juvenile taken into protective custody for being intoxicated or incapacitated by alcohol and clearly dangerous to the health and safety of him/herself under CRS § 27-81-111, and any runaway taken into temporary custody under CRS § 19-3-401. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest fine-only offense) but was taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent, guardian or other responsible person. Juvenile offender - A juvenile under 18 years of age who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense) (CRS § 19-1-103(18); CRS § 19-1-103(68)). Juvenile offenders include juveniles taken into custody for possession of a handgun under CRS § 18-12-108.5 (28 CFR 31.303). Non-secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation. Secure custody - When a juvenile offender is held in a locked room, a set of rooms or a cell. Secure custody also includes being physically secured to a stationary object. Examples of secure custody include: A juvenile left alone in an unlocked room within the secure perimeter of the adult temporary holding area. A juvenile handcuffed to a rail. A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. A juvenile being processed in a secure booking area when an unsecure booking area is available. A juvenile left alone in a secure booking area after being photographed and fingerprinted. A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked. Temporary Custody of Juveniles - 115 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Temporary Custody of Juveniles Sight and sound separation - Located or arranged to prevent physical, visual or auditory contact. Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation or truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender. 324.2 POLICY The Brighton Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody at the Brighton Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer or release. Officers dealing with juvenile offenders should use the least coercive among reasonable alternatives, consistent with preserving public safety, order and individual liberty. Juvenile offenders may be dealt with by law enforcement officers in one of the following ways: Outright release with no further action Referral to a social service agency Referral to a municipal or state court A listing of social service agencies and other agencies/programs which provides services to juveniles within the Department's service area will be maintained in the Police Records Section. The list will be updated on a periodic basis by the Records Section Supervisor. 324.3 JUVENILES WHO SHOULD NOT BE HELD Juveniles who exhibit any of the following conditions should not be held at the Brighton Police Department: Unconscious Seriously injured A known suicide risk or obviously severely emotionally disturbed Significantly intoxicated Extremely violent or continuously violent Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation. These juveniles should not be held at the Brighton Police Department unless they have been evaluated by a qualified medical and/or mental health professional. If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile shall be under continuous direct supervision until evaluation, release or a transfer is completed. 324.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Brighton Police Department when there is no other lawful and practicable alternative to temporary Temporary Custody of Juveniles - 116 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Temporary Custody of Juveniles custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is suspected of being a victim. No juvenile should be held in temporary custody at the Brighton Police Department without authorization of the arresting officer's supervisor or the Shift Sergeant. Any juvenile taken into custody shall be released to the care of the juvenile's parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable and in no event shall a juvenile be held beyond six hours from the time of his/her entry into the Brighton Police Department (42 USC § 5633). 324.4.1 CUSTODY OF JUVENILE NON-OFFENDERS Non-offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the Brighton Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible. Juvenile non-offenders may not be held in secure detention (42 USC § 5633). 324.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification transported home or to the station to await a parent). Juvenile status offenders may not be held in secure custody (42 USC § 5633). 324.4.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non-secure custody while at the Brighton Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances. 324.4.4 REQUIREMENTS FOR CUSTODY OF JUVENILE OFFENDERS A juvenile offender may be taken into temporary custody (CRS § 19-2-502): When there are reasonable grounds to believe that he/she has committed a violation of a statute, ordinance or court order that would subject an adult to an arrest. Pursuant to a lawful warrant issued by a court pursuant to CRS § 19-2-503. A juvenile offender shall not be held longer than is reasonably necessary to obtain basic identification information and to contact the juvenile's parents, guardian or legal custodian (CRS § 19-2-507(4)). The juvenile shall be released to the care of the juvenile's parents or other responsible adult unless a determination is made in accordance with CRS § 19-2-507(2) that the juvenile's immediate welfare or the protection of the community requires that the juvenile be detained (CRS § 19-2-502(3)). If the juvenile is not released to the care of his/her parents or other responsible adult, the juvenile shall be taken directly to the court, a detention facility or a shelter designated by the court, without unnecessary delay (CRS § 19-2-507(4)). As an alternative to taking a juvenile offender to a detention facility or shelter, an officer may, if authorized by policy of the court, serve a written promise to appear for juvenile Temporary Custody of Juveniles - 117 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Temporary Custody of Juveniles proceedings upon the juvenile and the juvenile's parent, guardian or legal custodian (CRS § 19-2-507(5)). When a juvenile is not released pending charges, the officer shall notify the screening team for the judicial district in which the juvenile was taken into custody (CRS § 19-2-507(1)). 324.5 JUVENILE CUSTODY ADVISEMENTS The screening team for the judicial district generally notifies the juvenile's parent, guardian or legal custodian that, if the juvenile is placed in detention or a temporary holding facility, all parties have a right to a prompt hearing to determine whether the juvenile is to be further detained. The notification may be made to a person with whom the juvenile is residing if a parent, guardian or legal custodian cannot be located. If the screening team is unable to make the notification, officers may make it (CRS § 19-2-507). 324.6 JUVENILE CUSTODY LOGS Any time a juvenile is held in custody at the Department, the detention shall be and properly documented in the juvenile custody log, including: Identifying information about the juvenile being held. Date and time of arrival and release from the Brighton Police Department. Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender or non-offender. Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority. 324.7 SIGHT AND SOUND SEPARATION Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Department (42 USC § 5633). There should also be sight and sound separation between non-offenders and juvenile and status offenders. In situations where brief or accidental contact may occur during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Brighton Police Department shall maintain a constant, immediate presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact. 324.8 TEMPORARY CUSTODY REQUIREMENTS Members and supervisors assigned to monitor or process any juvenile at the Brighton Police Department shall ensure the following: The Shift Sergeant should be notified if it is anticipated that a juvenile may need to remain at the Brighton Police Department more than four hours. This will enable the Shift Sergeant to ensure no juvenile is held at the Brighton Police Department more than six hours. A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy. Personal visual checks and significant incidents/activities shall be noted on the log. There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware. Therefore, an employee should inform a juvenile under his/her care that Temporary Custody of Juveniles - 118 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Temporary Custody of Juveniles the juvenile will be monitored at all times, unless he/she is using the toilet. This does not apply to surreptitious and legally obtained recorded interrogations. Juveniles shall have reasonable access to toilets and wash basins. Food should be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile. Juveniles shall have reasonable access to a drinking fountain or water. Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way. Juveniles should have privacy during family, guardian and/or lawyer visits. Juveniles should be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody. Adequate shelter, heat, light and ventilation should be provided without compromising security or enabling escape. Juveniles shall have the right to the same number of telephone calls as an adult in custody. No discipline may be administered to any juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation or mental abuse. 324.9 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Brighton Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening. Other restraints shall only be used after less restrictive measures have failed and with the approval of the Shift Sergeant. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others. Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse. 324.10 PERSONAL PROPERTY The officer taking custody of a juvenile offender or status offender at the Brighton Police Department shall ensure a thorough search of the juvenile's property is made and all property is removed from the juvenile, especially those items that could compromise safety, such as pens, pencils and belts. The personal property of a juvenile should be placed in a property bag. The property should be inventoried in the juvenile's presence and sealed into the bag. The property should be kept in a monitored or secure location until the juvenile is released from the custody of the Brighton Police Department. 324.11 LOCKED ENCLOSURES INSPECTION AND MONITORING A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure. A second inspection shall be conducted after removing the juvenile. Any damage noted to the room should be photographed and documented in the crime report. Temporary Custody of Juveniles - 119 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Temporary Custody of Juveniles The following requirements shall apply to a juvenile offender who is held inside a locked enclosure: The juvenile shall constantly be monitored by an audio/video system during the entire detention. Juveniles shall have constant auditory access to department members. Initial placement into and removal from a locked enclosure shall be logged. Random personal visual checks of the juvenile by a staff member, no less than every 15 minutes, shall occur. 1. All checks shall be logged. 2. The check should involve questioning the juvenile as to his/her well-being (sleeping juveniles or apparently sleeping juveniles should be awakened). Requests or concerns of the juvenile should be logged. 1. Males and females shall not be placed in the same locked room. Juvenile offenders should be separated according to severity of the crime felony or misdemeanor). Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles. 324.12 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY OF A JUVENILE The Shift Sergeant will ensure procedures are in place to address the suicide attempt, death or serious injury of any juvenile held at the Brighton Police Department. The procedures will address: Immediate notification of the on-duty supervisor, Command Staff and Detective Section supervisor. Notification of the parent, guardian or person standing in loco parentis, of the juvenile. Notification of the appropriate prosecutor. Notification of the City Attorney. Evidence preservation. 324.13 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent to an interview or interrogation. In any case where a juvenile is taken into temporary custody, officers should not attempt to interview or interrogate a juvenile offender or status offender unless either of the following occurs: A public defender or other counsel representing the juvenile is present. A parent, guardian, or legal or physical custodian of the juvenile is present and the juvenile and his/her parent, guardian, or legal or physical custodian are advised of the following: 1. The juvenile's right to remain silent 2. That any statements made may be used against him/her in a court of law 3. The juvenile's right to the presence of an attorney during the interrogation Temporary Custody of Juveniles - 120 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Temporary Custody of Juveniles 4. The juvenile's right to have counsel appointed if he/she so requests at the time of the interrogation (CRS § 19-2-511) 324.14 RESTRICTIONS ON FINGERPRINTING The following juvenile offenders may be fingerprinted (CRS § 19-2-503.5): A juvenile offender held for committing any if the following: 1. A felony 2. A Class 1 misdemeanor 3. A misdemeanor under CRS § 42-4-1301 (driving under the influence or while impaired) 4. A crime that includes an act of domestic violence as defined in CRS § 18-6-800.3(1) A juvenile who has not been fingerprinted prior to his/her first appearance before the court and has been ordered by the court to report for fingerprinting Temporary Custody of Juveniles - 121 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 326 Brighton Police Department Policy Manual Abuse of At-Risk Adults 326.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this Department with direction and understanding of their role in the prevention, detection and intervention in incidents of the abuse of an at-risk person. It is the policy of the Brighton Police Department to treat reports involving at-risk adults as high priority criminal activity that is to be fully investigated regardless of the relationship between the victim and the suspect. 326.2 DEFINITIONS Definitions related to this policy include (CRS § 26-3.1-101; CRS § 18-6.5-102): At-risk adult - An individual 70 years of age or older and any person 18 years of age or older who is susceptible to mistreatment, self-neglect or exploitation because the individual is unable to perform or obtain services necessary for the individual's health, safety or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the individual's person or affairs. Exploitation - An act or omission that: • Uses deception, harassment, intimidation or undue influence to permanently or temporarily deprive an at-risk adult of the use, benefit or possession of his/her money, assets or property. • Employs the services of a third party without authority and for the profit or advantage of the person or another person to the detriment of the at-risk adult. • Forces, compels, coerces or entices an at-risk adult to perform services for the profit or advantage of the person or another person against the will of the at-risk adult. • Misuses the property of an at-risk adult in a manner that adversely affects the at-risk adult's ability to receive health care or health care benefits or to pay bills for basic needs or obligations. Mistreatment - An act or omission that threatens the health, safety or welfare of an at-risk adult or exposes the adult to an imminent risk of death, serious bodily injury or bodily injury to the adult. Mistreatment includes, but is not limited to: Abuse which occurs where there is infliction of physical pain or injury, unreasonable confinement or restraint or subjection to criminal non-consensual sexual conduct. Caretaker neglect, such as inadequate food, clothing, shelter, care, physical care, medical care or supervision for the at-risk adult. Self-neglect - An act or failure to act, whereby an at-risk adult substantially endangers his/her health, safety, welfare or life by not seeking or obtaining services necessary to meet his/her essential human needs. 326.3 REPORTING REQUIREMENTS Members should make a report to the county department of social services within 24 hours under any of the following circumstances (CRS § 26-3.1-102(1)(a)): The member observes mistreatment, self-neglect or exploitation of an at-risk adult. Abuse of At-Risk Adults - 122 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Abuse of At-Risk Adults The member has reasonable cause to believe that an at-risk adult: 1. Has been mistreated. 2. Is suffering from self-neglect. 3. Has been exploited and is at imminent risk of mistreatment, self-neglect or exploitation. Any such mistreatment, self-neglect or exploitation of an at-risk adult is reported to any member. 1. If a member receives a report that an at-risk adult has been mistreated, exploited or is suffering from self-neglect, the officer shall prepare a written report as soon as reasonably practicable but no later than 48 hours (CRS § 26-3.1-102(1)(c)). Not more than 24 hours after receiving a report of abuse or exploitation, members shall also provide a notification to the county department of social services where the person resides and to the District Attorney's office where the abuse or exploitation occurred. Notification should take place under the following circumstances (CRS § 26-3.1.102(1)(a.5); CRS § 18-6.5-108): 1. The member observes abuse or exploitation of a person 70 or older. 2. The member has reasonable cause to believe a person 70 or older has been abused or exploited. 3. The member has reasonable cause to believe a person 70 or older is in imminent risk of being abused or exploited. 4. Any abuse or exploitation of any person 70 or older is reported to any member. 326.3.1 POLICE RECORDS SECTION RESPONSIBILITIES The Records Section is responsible for (CRS § 26-3.1-102(3); CRS § 18-6.5-108): Providing a copy of the at-risk adult abuse report to the county department of social services and the District Attorney's office within 24 hours of the completion of the report. This requirement is applicable even if the initial call was received from a state agency Providing copies of any criminal investigation reports related to abuse of a person age 70 or older to the county department of social services where the person resides and to the District Attorney's office where the abuse or exploitation occurred. Retaining the original at-risk adult abuses report with the initial case file. 326.4 OFFICER'S RESPONSE All incidents involving actual or suspected abuse of an at-risk person shall be responded to immediately, fully investigated and appropriately documented. 326.4.1 INITIAL RESPONSE Officers may be called upon to affect a forced entry as the first responder to the scene of a suspected at-risk adult abuse. Entry should be immediate when it appears reasonably necessary to protect life or property. When the need for an emergency entry is not evident, officers should seek supervisory approval. Officers must be prepared to provide emergency care pending the arrival of medical personnel, if medical personnel are not already present. Abuse of At-Risk Adults - 123 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Abuse of At-Risk Adults 326.4.2 ASSESSING THE SITUATION Officers must quickly assess the situation to ensure the immediate safety of all persons. Officers shall also consider the following: Attempt to identify the victim, suspect and witnesses as well as the roles and relationships of all parties. Parties should be interviewed separately when possible. Frequently, it is wrongfully assumed that elderly persons are incapable of accurately reporting the incident. Do not automatically discount the statement of an elderly or at-risk person. Preserve the crime scene where evidence may be present. All persons should be removed from the scene until it has been photographed and processed. Any evidence, such as injuries that may change in appearance, should be photographed immediately. Assess and define the nature of the problem. Officers should assess the available information to determine the type of abuse that may have taken place or the potential for abuse in the future that may be eliminated by law enforcement intervention. Make on-scene arrests when appropriate. Immediate arrest of an abuser (especially when the abuser is a family member or caretaker) may leave the older or at-risk victim without necessary support and could result in institutionalization. The effect of an arrest on the victim should be considered and weighed against the assessed risk and the competent victim's desires. The present and future safety of the victim is of utmost importance. 326.4.3 SUPPORT PERSONNEL The following persons should be considered if it appears an in-depth investigation is appropriate: Patrol supervisor Investigative personnel Evidence collection personnel County or State Protective Services Agency personnel Ombudsman if the abuse is in a long-term care facility (CRS § 26-11.5-101-112) Victim advocate 326.4.4 PROTECTIVE ORDERS AND EMERGENCY PROTECTIVE ORDERS In any situation where an officer reasonably believes that a vulnerable person is in immediate and present danger of abuse based on an allegation of a recent incident of abuse or threat of abuse (other than financial abuse alone), the officer may contact the county court or Adult Protective Services and request a temporary restraining or protective order against the person alleged to have committed or threatened such abuse if that person is not in custody. If an offense is taken where it is clear there has been domestic violence against an elderly or at-risk adult, upon arrest of the suspect, the officer should seek an emergency court order. 326.5 AT-RISK ADULT ABUSE REPORTING Every allegation of at-risk adult abuse shall be documented. Documentation of at-risk adult abuse cases should include, at a minimum (CRS § 26-3.1-102(2): CRS § 18-6.5-108): The name, address, contact information and approximate age of the at-risk adult. Abuse of At-Risk Adults - 124 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Abuse of At-Risk Adults The name, age, address and contact information of the person making the report. The name, age, address and contact information of the at-risk adult's caretaker, if there is one. The name and address, if available, of the person who is alleged to have abused, neglected or exploited the at-risk adult. The nature and extent of the alleged abuse, neglect or exploitation of the at-risk adult. Any evidence of previous injuries. The basis of the reporter's belief that the at-risk adult has been abused, neglected, exploited or isolated. Any other information that would assist in the investigation of the report. Reporting cases of older person or at-risk adult abuse is confidential. Information regarding such cases will only be released as per the Records Release and Security Policy, or as necessary for the coordination of a multi-agency investigation of a report or for the provision of protective services to an at-risk adult (CRS § 26-3.1-102(7)). 326.6 AT-RISK ADULT ABUSE IN A CARE FACILITY Officers shall investigate all allegations relating to the abuse, neglect or exploitation of an at-risk adult in a care facility or under the care of a facility. Officers shall immediately notify the Adult Protective Services Unit of the Colorado Department of Human Services and the domestic violence unit in the District Attorney's Office whether a crime report was taken. 326.7 OBTAINING ARREST WARRANTS Officers should seek a warrant for the arrest of any person for whom probable cause exists to believe the person is criminally responsible for the abuse, neglect or exploitation of an at-risk adult. Abuse of At-Risk Adults - 125 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 328 Brighton Police Department Policy Manual Discriminatory Harassment 328.1 PURPOSE AND SCOPE This policy is intended to prevent Department members from being subjected to discrimination or sexual harassment. 328.2 POLICY The Brighton Police Department is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The Department will not tolerate discrimination against employees in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Department will take preventive and corrective action to address any behavior that violates this policy or the rights it is designed to protect. The non-discrimination policies of the Department may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject a member to discipline. 328.3 DISCRIMINATION PROHIBITED 328.3.1 DISCRIMINATION The Department prohibits all forms of discrimination, including any employment-related action by an employee that adversely affects an applicant or employee and is based on race, color, religion, sex, age, national origin or ancestry, genetic information, disability, military service, sexual orientation and other classifications protected by law. Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual's protected class. It has the effect of interfering with an individual's work performance or creating a hostile or abusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment, can include making derogatory comments, crude and offensive statements or remarks, making slurs or off-color jokes, stereotyping, engaging in threatening acts, making indecent gestures, pictures, cartoons, posters or material, making inappropriate physical contact, or using written material or department equipment and/or systems to transmit or receive offensive material, statements or pictures. Such conduct is contrary to department policy and to the department's commitment to a discrimination free work environment. Retaliation is treating a person differently or engaging in reprisal or acts of intimidation against the person because he/she has engaged in protected activity, filed a charge of discrimination, participated in an investigation or opposed a discriminatory practice. Retaliation will not be tolerated. 328.3.2 SEXUAL HARASSMENT The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or an employee because of that person's sex. Discriminatory Harassment - 126 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Discriminatory Harassment Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when: Submission to such conduct is made either explicitly or implicitly a term or condition of employment, position or compensation. Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the member. Such conduct has the purpose or effect of substantially interfering with a member's work performance or creating an intimidating, hostile or offensive work environment. 328.3.3 ADDITIONAL CONSIDERATIONS Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles or standards, including: Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission (EEOC) and the Colorado Civil Rights Division. Bona fide requests or demands by a supervisor that an employee improve his/her work quality or output, that the employee report to the job site on time, that the employee comply with City or department rules or regulations, or any other appropriate work-related communication between supervisor and employee. 328.4 RESPONSIBILITIES This policy applies to all department personnel. All members shall follow the intent of these guidelines in a manner that reflects Department policy, professional law enforcement standards and the best interest of the Department and its mission. Members are encouraged to report any discriminatory, retaliatory or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reporting violations of this policy to his/her immediate supervisor may bypass the chain of command and make the report to a higher ranking supervisor or manager. Complaints may also be filed with the Chief of Police, Director of Human Resources or the City Manager. Any member who believes, in good faith, that he/she has been discriminated against, harassed, subjected to retaliation, or who has observed harassment or discrimination, is encouraged to report such conduct in accordance with the procedures set forth in this policy. Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below. 328.4.1 SUPERVISOR RESPONSIBILITIES Each supervisor and manager shall: Continually monitor the work environment and strive to ensure that it is free from all types of unlawful discrimination, including sexual harassment or retaliation. Take prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. Ensure subordinates understand their responsibilities under this policy. Discriminatory Harassment - 127 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Discriminatory Harassment Ensure that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. Notify the Chief of Police or Director of Human Resources in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day. 328.4.2 SUPERVISOR'S ROLE Because of differences in individual values, supervisors and managers may find it difficult to recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory. Supervisors and managers shall be aware of the following considerations: Behavior of supervisors and managers should represent the values of the Department and professional law enforcement standards. False or mistaken accusations of discrimination, harassment or retaliation can have negative effects on the careers of innocent members. Supervisors and managers must act and responsibly in the resolution of such situations. Supervisors and managers shall make a timely determination regarding the substance of any allegation based upon all available facts. Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling employees or issuing discipline, in a manner that is consistent with established procedures. 328.4.3 RESPONSIBILITIES UPON RECEIPT OF COMPLAINT Upon receipt or notification of a complaint filed with the City, Police Department or the Colorado Civil Rights Division, the Chief of Police or the authorized designee shall assign the complaint for action. The person assigned the complaint is responsible to ensure completion of the following (CRS § 24-34-301, et seq.): Provide a written answer to the complaint within the time required after receiving it. Supply and explain all relevant information, data or papers upon request. Respond to all telephone or mail inquiries from the Colorado Civil Rights Division. Attend all meetings, hearings or fact-finding conferences when requested. 328.5 INVESTIGATION OF COMPLAINTS Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved members should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. It is the policy of the Department that all complaints of discrimination or harassment shall be fully documented, and and thoroughly investigated. The participating or opposing member should be protected against retaliation, and the complaint and related investigation should be kept confidential to the extent possible. 328.5.1 SUPERVISORY RESOLUTION Members who believe they are experiencing discrimination, harassment or retaliation should be encouraged to inform the individual that their behavior is unwelcome. However, Discriminatory Harassment - 128 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Discriminatory Harassment if the member feels uncomfortable, threatened or has difficulty expressing their concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 328.5.2 FORMAL INVESTIGATION If the complaint cannot be satisfactorily resolved through the process described above, a formal investigation will be conducted. The employee assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any members involved. No influence will be used to suppress any complaint and no member will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for offering testimony or evidence in any investigation. Formal investigation of the complaint will be confidential to the extent possible and will include, but not be limited to, details of the specific incident, frequency and dates of occurrences and names of any witnesses. Reporting shall be in compliance with this policy. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs. Members who believe they have been discriminated against, harassed or retaliated against because of their protected status are encouraged to follow the chain of command but may also file a complaint directly with the Chief of Police, Director of Human Resources or the City Manager. 328.5.3 EQUAL OPPORTUNITY EMPLOYMENT COMPLAINTS No provision of this policy shall be construed to prevent any employee from seeking legal redress outside the Department. Employees who believe that they have been harassed or discriminated against are entitled to bring complaints of employment discrimination to federal, state and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Employees are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 328.6 NOTIFICATION OF COMPLAINT DISPOSITION The complainant and/or victim will be notified in writing of the disposition of the investigation and actions taken to remedy the complaint. 328.7 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on forms and in a manner designated by the Chief of Police. The outcome of all reports shall be: Approved by the Chief of Police or the authorized designee, Director of Human Resources or the City Manager if more appropriate. Maintained for the period established in the Department's records retention schedule. 328.8 TRAINING All new employees shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new employee. The employee shall certify by signing the prescribed form that they has been advised of this policy, is aware of and understands its contents and agrees to abide by its provisions during their term of employment. Discriminatory Harassment - 129 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Discriminatory Harassment The Professional Standards Unit will provide the required Discriminatory Harassment training. All employees shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents and agree that they will continue to abide by its provisions. 328.8.1 QUESTIONS REGARDING DISCRIMINATION OR SEXUAL HARASSMENT Members with questions regarding discrimination or sexual harassment are encouraged to contact a supervisor, manager, the Captain, the Director of Human Resources or the City Manager, or they may contact the Colorado Civil Rights Division. Discriminatory Harassment - 130 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 330 Brighton Police Department Policy Manual Child Abuse 330.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Brighton Police Department members are required to notify the county department of social services of suspected child abuse. 330.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child's care or any other act that would mandate notification to a social service agency or law enforcement (CRS § 19-3-304; CRS § 19-1-103). 330.2 POLICY The Brighton Police Department will investigate all reported incidents of alleged criminal child abuse and ensure the county department of social services is notified as required by law. 330.3 MANDATORY NOTIFICATION Members of the Brighton Police Department shall notify the county department of social services when (CRS § 19-1-103; CRS § 19-3-308): They receive a report of a known or suspected incident of interfamilial abuse or neglect. They reasonably believe that the protection and safety of a child is at risk due to an act or omission on the part of persons responsible for the child's care. They receive a report of third-party abuse or neglect in which the person allegedly responsible for such abuse or neglect is under age 10. For purposes of notification, abuse and neglect is an act or omission that threatens the health or welfare of a child, including suspicious injuries, such as bruising, bleeding, burns; a sex offense; emotional abuse; failure to provide adequate food, clothing or care; exposure to a dangerous environment, etc. (CRS § 19-1-103). Interfamilial abuse includes acts by a child's parent, stepparent, guardian, legal custodian or relative, by a spousal equivalent or by any other person who resides in the child's home or who is regularly in the child's home for the purpose of exercising authority over or care for the child (CRS § 19-1-103). Officers shall take into account accepted child-rearing practices of the culture in which the child participates including, but not limited to, accepted work-related practices of agricultural communities in determining abuse. Abuse does not include a reasonable exercise of parental discipline or acts that are reasonably necessary to subdue a child who is being taken into custody by law enforcement officers (CRS § 19-1-103). Child Abuse - 131 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Child Abuse 330.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (CRS § 19-3-308): Notifications shall be made immediately to the county department of social services. A written summary of the investigation or case report shall be forwarded without delay to the county department of social services upon completion of any investigation undertaken. Notification, when possible, shall include (CRS § 19-3-307): 1. The name, address, age, sex and race of the child. 2. The nature and extent of the child's injuries, including any evidence of previous cases of known or suspected abuse or neglect of the child or the child's siblings. 3. The names and addresses of the persons responsible for the suspected abuse or neglect, if known. 4. The family composition. 5. The source of the report and the name, address and occupation of the person making the report. 6. Any action taken by the reporting source. 7. Any other information that the person making the report believes may be helpful. An investigating officer and their supervisor shall notify the school district superintendent when there is a reasonable belief that an incident of abuse or neglect has been committed by a person acting in their official capacity as an employee of the school district (CRS § 19-3-308). 330.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: Conduct interviews in child appropriate interview facilities. Be familiar with forensic interview techniques specific to child abuse investigations. Present all cases of alleged child abuse to the prosecutor for review. Coordinate with other enforcement agencies, social service agencies and school administrators as needed. Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate. Participate in or coordinate with multidisciplinary investigative teams as applicable. 330.5 INVESTIGATIONS AND REPORTING In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of child abuse should address, as applicable: The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected child abuse victim was contacted. The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian. Child Abuse - 132 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Child Abuse Any relevant statements the child may have made and to whom he/she made the statements. If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable. Whether the child victim was transported for medical treatment or a medical examination. Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known. Previous addresses of the victim and suspect. Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim's environment. Unless unavailable, the county department of social services shall be the agency responsible for the coordination of all investigations of all reports of known or suspected incidents of interfamilial abuse or neglect (CRS § 19-3-308). This agency shall have the responsibility for the coordination and investigation of all reports of third-party abuse or neglect alleged to have been committed by persons 10 years of age or older (CRS § 19-3-308). When the investigation involves a suspect who was acting in his/her official capacity as an employee of a school district, the investigating officer shall coordinate such investigation with any concurrent abuse investigation being conducted by the department of education or the school district to the extent that such coordination is possible and deemed appropriate (CRS § 19-3-308). All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse a sudden or unexplained death of an infant). 330.6 PROTECTIVE CUSTODY Before taking any child into protective custody, the officer should make reasonable attempts to contact the county department of social services. Generally, removal of a child from their family, guardian or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation. Generally, members of this Department should remove a child from their parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian, unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is delivered to the county department of social services. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor after taking a child into protective custody. Children may only be removed from a parent or guardian in the following situations (CRS § 19-3-401): Child Abuse - 133 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Child Abuse When a court order has been issued authorizing the removal of a child Without a court order when the child is seriously endangered in their surroundings or seriously endangers others and immediate removal appears to be necessary for the child's protection or the protection of others 1. A child shall be removed from their home and placed in protective custody if an emergency exists because the child is seriously endangered, as described above, the safety or well-being of the child is immediately at issue and there is no other reasonable way to protect the child without removing the child from their home. Without a court order when an arrest warrant has been issued for the child's parent or guardian on the basis of an alleged violation of CRS § 18-3-304. A seriously endangered newborn child (less than 72 hours old) may be detained in a hospital, without a warrant, by an officer upon the recommendation of the county department of social services, a physician, a registered nurse, a licensed practical nurse or a physician's assistant, while an order of the court pursuant to CRS § 19-3-405(1) is being pursued. The newborn child must be released if a court order is denied. 330.6.1 COURT ORDERS Unless already being addressed by the county department of social services, an officer should apply for a court order prior to taking a child into protective custody or as soon as practical thereafter when the officer (CRS § 19-3-405): Believes that the circumstances or conditions of the child are such that continuing in their place of residence or in the care and custody of the person responsible for the child's care and custody would present a danger to that child's life or health in the reasonably foreseeable future, or Believes that the child is able to remain safely in his/her place of residence or in the care and custody of the person responsible for the child's care and custody only if certain emergency protection orders are entered. 330.6.2 RELATED NOTIFICATIONS If the county department of social services is unable to take custody of a child, officers taking a child into protective custody shall (CRS § 19-3-402): Deliver the child, without unnecessary delay, directly to the court or to a place designated by the court. At the earliest opportunity, notify the court that the child has been taken into protective custody. file a brief written report with the court and any agency or person so designated by the court stating the facts that led to the child being taken into custody and the reason why the child was not released. Whenever a child is taken into temporary protective custody, the child's parent, guardian or legal custodian shall be notified without unnecessary delay (CRS § 19-3-402(1)). The notification shall include information regarding the right to a hearing. Child Abuse - 134 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Child Abuse 330.6.3 SAFE HAVEN ACT PROVISIONS Any newborn infant (72 hours old or younger) who has been surrendered by a parent to an on- duty firefighter or hospital staff member under the safe haven provisions of CRS § 19-3-304.5 shall be taken into temporary protective custody by an officer pursuant to CRS § 19-3-401. A supervisor and the county department of social services should be notified without delay. 330.7 INTERVIEWS 330.7.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should record the preliminary interview with suspected child abuse victims. Officers should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred. 330.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies: Exigent circumstances exist, such as: 1. A reasonable belief that medical issues of the child need to be addressed immediately. 2. A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed. 3. The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger. A court order or warrant has been issued. 330.8 MEDICAL EXAMINATIONS If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The officer should also arrange for the child's transportation to the appropriate medical facility. In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination. 330.9 DRUG ENDANGERED CHILDREN A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics. Child Abuse - 135 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Child Abuse 330.9.1 DETECTIVE SECTION SUPERVISOR RESPONSIBILITIES The Detective Section Supervisor should: Work with professionals from the appropriate agencies, including the county department of social services, other law enforcement agencies, medical service providers and local prosecutors to develop community specific procedures for responding to situations where there are children endangered by their exposure to methamphetamine labs or the manufacture and trafficking of other drugs. Activate any available interagency response when an officer notifies the Detective Section Supervisor that the officer has responded to a drug lab or other narcotics crime scene where a child is present or where evidence indicates that a child lives there. Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the child. 330.9.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should: Document the environmental, medical, social and other conditions of the child using photography as appropriate and the checklist or form developed for this purpose. Notify the Detective Section Supervisor so an interagency response can begin. 330.10 STATE MANDATES AND OTHER RELEVANT LAWS Colorado requires or permits the following: 330.10.1 RELEASE OF REPORTS Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Security and Release of Records Policy (CRS § 19-1-307). 330.10.2 CHILD FATALITY PREVENTION REVIEW TEAMS Local review teams are entitled to access all investigative information of law enforcement agencies regarding the death of a child. This Department shall cooperate fully with any such team and investigation (CRS § 25-20.5-404; CRS § 25-20.5-408(1)). 330.11 TRAINING The Department will provide training on best practices in child abuse investigations to members tasked with investigating these cases. This training will be coordinated by the Professional Standards Unit. The training should include: Participating in multidisciplinary investigations, as appropriate. Conducting forensic interviews. Availability of therapy services for children and families. Availability of specialized forensic medical exams. Cultural competence (including interpretive services) related to child abuse investigations. Child Abuse - 136 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Child Abuse Availability of victim advocate or guardian ad litem support. Child Abuse - 137 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 332 Brighton Police Department Policy Manual Missing Persons 332.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. 332.1.1 DEFINITIONS Definitions related to this policy include: At risk - Includes persons who either have a developmental disability or who are 60 years of age or older and have a verified impaired mental condition, whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the person (CRS § 24-33.5-415.8). This term also includes persons who: Are 13 years of age or younger. Regardless of age, are believed or determined to be experiencing one or more of the following circumstances: 1. Out of the zone of safety for his/her chronological age and developmental stage. 2. Mentally or behaviorally disabled. 3. Drug dependent, including prescribed medication and/or illegal substances, and the dependency is potentially life-threatening. 4. Absent from home for more than 24 hours before being reported to law enforcement as missing. 5. In a life-threatening situation. 6. In the company of others who could endanger his/her welfare. 7. Absent in a way that is inconsistent with established patterns of behavior and cannot be readily explained. Most children have an established and reasonably predictable routine. 8. Involved in a situation that would cause a reasonable person to conclude the person should be considered at risk. Missing person - Any person who is reported missing to law enforcement when that person's location is unknown. This includes persons whose safety or welfare is the subject of concern (CRS § 16-2.7-101(2)). Missing person networks - Databases or computer networks that are available to law enforcement and are suitable for obtaining information related to missing person investigations. This includes the National Crime Information Center (NCIC), the Colorado Crime Information Center (CCIC) and the Colorado Bureau of Investigation. 332.2 POLICY The Brighton Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. The Brighton Police Department gives missing person cases priority over property-related cases and does not require a specific amount of time to have passed before beginning a missing person investigation. Missing Persons - 138 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Missing Persons 332.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Detective Section Supervisor shall ensure the following forms and kits are developed and available: • Missing person report form • Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation • Missing person school notification form • Medical records release form • Biological sample collection kits 332.4 ACCEPTANCE OF REPORTS Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay. This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who do not take such reports or who are unable to give immediate assistance shall dispatch or alert a member who can take the report. A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any question of jurisdiction. 332.5 INITIAL INVESTIGATION Officers or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable: Respond to a dispatched call as soon as practicable. Interview the reporting person and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk. Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy). Broadcast a "Be on the Look-Out" (BOLO) bulletin if the person is under 16 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 16 or may be at risk. Ensure that entries are made into the appropriate missing person networks, as follows: 1. Immediately, when the missing person is at risk. 2. In all other cases, as soon as practicable, but not later than two hours from the time of the initial report. Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts. Collect and/or review: 1. A photograph and fingerprint card of the missing person, if available. 2. A voluntarily provided biological sample of the missing person, if available toothbrush, hairbrush). 3. Any documents that may assist in the investigation, such as court orders regarding custody. Missing Persons - 139 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Missing Persons 4. Any other evidence that may assist in the investigation, including personal electronic devices cell phones, computers). When circumstances permit and if appropriate, attempt to determine the missing person's location through his/her telecommunications carrier (CRS § 18-9-312). 1. If the officer has probable cause to believe the missing person is at risk of death or serious bodily injury, a supervisor should be notified and should determine whether to order the telecommunication provider to disclose the missing person's location information without a court order. 2. The supervisor shall ensure that a court order is obtained within 48 hours of the initial request for the location information. Contact the appropriate agency if the report relates to a missing person report previously made to another agency and that agency is actively investigating the report. When this is not practicable, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an at-risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person. If the person qualifies for an AMBER alert, contact the National Center for Missing and Exploited Children® (NCMEC) as soon as practicable. 332.6 REPORT PROCEDURES AND ROUTING Members should complete all missing person reports and forms and advise the appropriate supervisor as soon as a missing person report is ready for review. 332.6.1 SUPERVISOR RESPONSIBILITIES The supervisor shall review and approve missing person reports upon receipt and ensure resources are deployed as appropriate, initiating a command post as needed. The reports should be sent to the Records Section. The supervisor shall also ensure applicable notifications and public alerts are made and documented and that records have been entered into the appropriate missing person networks. The supervisor should also take reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction. 332.6.2 POLICE RECORDS SECTION RESPONSIBILITIES The receiving member shall: As soon as reasonable under the circumstances, notify and forward a copy of the report to the agency of jurisdiction for the missing person's residence in cases where the missing person is a resident of another jurisdiction. Notify and forward a copy of the report to the agency of jurisdiction where the missing person was last seen. Notify and forward a copy of the report to the agency of jurisdiction for the missing person's intended or possible destination, if known. Forward a copy of the report to the Detective Section. Missing Persons - 140 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Missing Persons 332.7 DETECTIVE SECTION FOLLOW-UP The investigator assigned to a missing person investigation: Should ensure that the missing person's school is notified within 10 days if the missing person is a juvenile. 1. The notice shall be in writing and should also include a photograph. 2. The investigator should meet with school officials as appropriate to stress the importance of including the notice in the child's student file, along with the investigator's contact information if the school receives a call requesting the transfer of the missing child's files to another school. Should re-contact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to determine if any additional information has become available. Should consider contacting other agencies involved in the case to determine if any additional information is available. Shall verify and update CCIC, NCIC and any other applicable missing person networks within 60 days of the original entry into the networks and every 45 days thereafter until the missing person is located (42 USC § 5780). Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 45 days. Shall maintain a close liaison with the National Center for Missing and Exploited Children® (NCMEC) if the missing person is under the age of 21 (42 USC § 5780). Should make appropriate inquiry with the Coroner. Should obtain and forward medical records, photos, X-rays and biological samples, as applicable. Should attempt to obtain the most recent photograph for persons under 18 years of age if it has not been obtained previously and forward the photograph to the Colorado Bureau of Investigation. Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). 332.8 WHEN A MISSING PERSON IS FOUND When any person reported missing is found, the assigned investigator shall document the location of the missing person in the appropriate report, notify the reporting party and other involved agencies and refer the case for additional investigation if warranted. The Records Supervisor should ensure that, upon receipt of information that a missing person has been located, the following occurs: Notification is made to the Colorado Bureau of Investigation. A missing child's school is notified. Entries are made in the applicable missing person networks. When a person is at risk, the fact that the person has been found should be reported within 24 hours to the Colorado Bureau of Investigation. Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation. Missing Persons - 141 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Missing Persons 332.8.1 UNIDENTIFIED PERSONS Department members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should: Obtain a complete description of the person. Enter the unidentified person's description into the NCIC Unidentified Person File. Use available resources, such as those related to missing persons, to identify the person. 332.9 CASE CLOSURE The Detective Section Supervisor may authorize the closure of a missing person case after considering the following: Closure is appropriate when the missing person is confirmed returned or evidence matches an unidentified person or body. If the missing person is a resident of Brighton or this department is the lead agency, the case should be kept under active investigation for as long as the person may still be alive. Exhaustion of leads in the investigation should not be a reason for closing a case. If this department is not the lead agency, the case can be made inactive if all investigative leads have been exhausted, the lead agency has been notified and entries are made in the applicable missing person networks, as appropriate. A missing person case should not be closed or reclassified because the person would have reached a certain age or adulthood or because the person is now the subject of a criminal or civil warrant. 332.10 TRAINING Subject to available resources, the Professional Standards Unit should ensure that members of this department whose duties include missing person investigations and reports receive training that includes: The initial investigation: 1. Assessments and interviews 2. Use of current resources, such as Mobile Audio Video (MAV) 3. Confirming missing status and custody status of minors 4. Evaluating the need for a heightened response 5. Identifying the zone of safety based on chronological age and developmental stage Briefing of department members at the scene. Identifying NCIC Missing Person File categories disability, endangered, involuntary, juvenile and catastrophe). Verifying the accuracy of all descriptive information. Initiating a neighborhood investigation. Investigating any relevant recent family dynamics. Addressing conflicting information. Key investigative and coordination steps. Missing Persons - 142 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Missing Persons Managing a missing person case. Additional resources and specialized services. Update procedures for case information and descriptions. Preserving scenes. Internet and technology issues Internet use, cell phone use). Media relations. Missing Persons - 143 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 334 Brighton Police Department Policy Manual Amber Alerts 334.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 334.2 POLICY Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system's individual criteria. 334.3 RESPONSIBILITIES 334.3.1 EMPLOYEE RESPONSIBILITIES Employees of the Brighton Police Department should notify their supervisor, Shift Sergeant or Detective Section Supervisor as soon as practicable upon learning of a situation where public notification, a warning or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person or gathering information. 334.3.2 SUPERVISOR RESPONSIBILITIES A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall notify the Chief of Police, the appropriate Captain and the Public Information Officer when any public alert is generated. The supervisor in charge of the investigation to which the alert relates is responsible for the following: Updating alerts Canceling alerts Ensuring all appropriate reports are completed Preparing an after-action evaluation of the investigation to be forwarded to the Captain 334.4 AMBER ALERTS America's Missing: Broadcast Emergency Response (AMBER Alert™) is the recruitment of public assistance to locate an abducted child via a widespread media alert using the statewide Emergency Alert System (EAS). Utilizing local radio, television and press affiliates, the public will be notified of the circumstances of a child's abduction and how it can assist law enforcement in the child's recovery. The goal of the AMBER Alert program is the safe return of an abducted child by establishing an effective partnership between the community, the media and law enforcement (CRS § 24-33.5-415.7). Amber Alerts - 144 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Amber Alerts 334.4.1 CRITERIA An AMBER Alert may be activated by a law enforcement agency if (CRS § 24-33.5-415.7(2)): The child is 17 years of age or younger. The Department determines the child has been abducted. There is a credible threat to the safety and health of the child. The Department has sufficient descriptive information about the child or the person who is suspected of abducting the child, or other pertinent information, to believe a broadcast will assist in the recovery of the child. 334.4.2 PROCEDURES In the event of a confirmed child abduction, the following procedures shall be followed: The Public Information Officer, Shift Sergeant or Detective Section Supervisor will prepare an initial press release that includes all available information that might aid in locating the child, such as: 1. The child's identity, age and description. 2. Photograph if available. 3. The suspect's identity, age and description, if known. 4. Pertinent vehicle description. 5. Details regarding time of the abduction, location of incident, direction of travel, potential destinations, if known. 6. Whether there is reason to believe the suspect has a relationship to the victim. 7. Name and telephone number of the Public Information Officer or other authorized individual to handle the media. 8. Telephone number of the Colorado Bureau of Investigation to call for further information. 9. A telephone number for the public to call with leads or information. The Public Information Officer, Shift Sergeant or Detective Section Supervisor will notify the Colorado Bureau of Investigation. After the information is checked, an AMBER Alert will be issued and the Colorado statewide EAS will be activated. Fax the press release to the local television and radio stations. The individual responsible for making notifications shall also consider the following resources as the circumstances dictate: 1. Colorado State Patrol 2. FBI local office 3. Prompt entry of information into the U.S. Department Of Justice Missing Person System/National Crime Information Center (NCIC) 4. National Center for Missing and Exploited Children (NCMEC) ([PHONE REDACTED]) 5. Department Internet sites, communications and resources As additional information pertinent to the case becomes available, it shall be forwarded to the Colorado Bureau of Investigation. Amber Alerts - 145 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Amber Alerts The investigation unit supervisor investigating the abduction or other individual responsible for making notifications shall prepare and forward to the previously described locations additional information regarding the search and investigation. Upon closure of the child abduction, because the child has been found, or the end of the notification period, the investigation unit supervisor shall immediately notify the Colorado Bureau of Investigation with pertinent information (CRS § 24-33.5-415.7(4)). After 24 hours the investigation unit supervisor investigating the abduction or other individual responsible for making notifications shall assess the need to continue the AMBER Alert. 334.5 BLUE ALERTS Blue Alerts are for those instances where a person has killed or inflicted a life-threatening injury upon a peace officer. The Blue Alert program is a coordinated effort among the Colorado Bureau of Investigation, local law enforcement agencies and the state's public and commercial television and radio broadcasters (CRS § 24-33.5-416.5; 8 CCR 1507-27). 334.5.1 CRITERIA Supervisors may request a Blue Alert when a peace officer has been killed or has received a life-threatening injury and the suspect or suspects have fled the scene of the offense (CRS § 24-33.5-416.5). 334.5.2 PROCEDURES A supervisor, after confirming that the criteria for a Blue Alert have been met, may notify the Colorado Bureau of Investigation and request a Blue Alert broadcast. 334.6 SENIOR CITIZEN/PERSON WITH DEVELOPMENTAL DISABILITIES ALERT To aid in the identification and location of missing senior citizens and missing persons with developmental disabilities, the Colorado legislature created the Missing Senior Citizen and Missing Person with Developmental Disabilities Alert Program. This program is a coordinated effort among the Colorado Bureau of Investigation, local law enforcement agencies and the state's public and commercial television and radio broadcasters. 334.6.1 CRITERIA These alerts apply to the following missing persons (CRS § 24-33.5-415.8): "Missing person with developmental disabilities" means a person: 1. Whose whereabouts is unknown. 2. Who was a resident of Colorado at the time he/she was reported missing. 3. Who has a verified developmental disability. 4. Whose disappearance poses a credible threat to his/her health and safety, as determined by a local law enforcement agency. "Missing senior citizen" means a person: 1. Whose whereabouts is unknown. 2. Who was a resident of Colorado at the time he/she was reported missing. 3. Whose age at the time he/she was first reported missing was 60 years of age or older and who has a verified impaired mental condition. Amber Alerts - 146 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Amber Alerts 4. Whose disappearance poses a credible threat to his/her health and safety, as determined by a local law enforcement agency. Confirmation, in the form of a signed statement from the family member, close friend, caregiver, doctor or medical facility that verifies the missing person is a senior citizen with an impaired mental condition or is a person with developmental disabilities, is required to meet the criteria for the alert (CRS § 24-33.5-415.8; 8 CCR 1507-26). 334.6.2 PROCEDURES A supervisor, acting upon confirmation of a report of a missing senior citizen or a person with developmental disabilities, may notify the Colorado Bureau of Investigation and request a Missing Senior Citizen/Person with Developmental Disabilities Alert broadcast. Supervisors should ensure that all criteria for the alert are met prior to the request (8 CCR 1507-26). Amber Alerts - 147 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 336 Brighton Police Department Policy Manual Victim Assistance Program 336.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that crime victims and witnesses receive appropriate assistance and are afforded their rights as outlined under the Colorado Victims Rights Act (CRS § 24-4.1-301 et seq). 336.2 POLICY The Brighton Police Department is committed to providing quality services for victims and witnesses of crime. The employees of the Brighton Police Department hold to the belief that concern for the victim is paramount. The primary function of the Victim Assistance Program is to provide quality services which focus on safety, healing, justice and financial recovery. 336.3 VICTIM SERVICES COORDINATOR The Chief of Police has appointed the Victim Services Coordinator to oversee all facets of the Victim Services Unit. serve as the crime victim liaison. The Victim Services Coordinator serves as the primary point of contact for individuals requiring further assistance or information from the Brighton Police Department regarding benefits from crime victim resources. The Victim Services Coordinator also serves as the liaison with other law enforcement agencies, judicial, community, and private non-profit agencies regarding victim centered issues. This Coordinator shall also be responsible for maintaining compliance with all legal mandates related to crime victims and/or witnesses. 336.3.1 VICTIM SERVICES COORDINATOR DUTIES The Victim Services Coordinator should: Ensure that the Department affords victims and witnesses the rights described in CRS § 24-4.1-302.5. Facilitate the return of property to victims (CRS § 24-4.1-303). Ensure child victims and child witnesses are provided appropriate services commensurate with their age and needs (CRS § 24-4.1-304). Be the coordinator of the Department's Victim Services Unit. Supervise all Victim Advocates. 336.4 OFFICER RESPONSIBILITIES Officers will: Treat all victims with dignity, compassion and respect Provide victims and witnesses with the Police Department Victim Services Brochure and will note that delivery in the police report 1. The Victim Services Brochure provides information on victim rights and other information as required by law Keep the victim informed, insofar as possible, as to whether a suspect has been taken into custody, released from custody or if the bond conditions changed Victim Assistance Program - 148 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Victim Assistance Program Never guarantee a victim's safety from future harm but may make practical safety suggestions to victims who express fear of future harm or retaliation Never guarantee that a person qualifies as a victim for the purposes of compensation or restitution 1. Direct them to the appropriate written Department material or victim resources Notify victims if the District Attorney's Office declined a misdemeanor filing in the case 336.4.1 SPECIFIC REQUIREMENTS REGARDING VICTIMS All reasonable attempts will be made to protect any victim or the victim's immediate family from harm, harassment, intimidation or retaliation arising from their cooperation in the reporting, investigation or prosecution of a crime. Officers should notify victims about the Witness Protection Program as contained in the Victim Services Brochure. Additionally, members of this Department should make reasonable efforts to minimize contact between the victim/victim's immediate family and the defendant/relatives of the defendant before, during and immediately after a judicial proceeding (CRS § 24-4.1-303(5)). 336.4.2 MANDATORY VICTIM ADVOCATE CALL OUTS Officers will call out a Victim Advocate for all: Homicides Vehicular Homicides Vehicular Assaults Accidents involving death or serious bodily injury 1st and 2nd Degree Assaults Any crimes involving an at-risk adult or juvenile Sexual Assaults Incest Child Sexual Assaults Child Abuse Child Death 1st Degree Burglary Felony Menacing Robbery Kidnapping Domestic Violence enhanced crimes 336.5 VICTIM INFORMATION The Victim Services Coordinator shall ensure that victim information handouts are available and current. These should include as appropriate: Shelters and other community resources for victims of domestic violence. Community resources for victims of sexual assault. Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams (42 USC § 3796gg). Victim Assistance Program - 149 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Victim Assistance Program An advisement that a person who was arrested may be released on bond or some other form of release and that the victim should not rely upon an arrest as a guarantee of safety. A clear explanation of relevant court orders and how they can be obtained. Information regarding available compensation for qualifying victims of crime. VINE® information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender's custody status and to register for automatic notification when a person is released from jail. Notice regarding U-Visa and T-Visa application processes. Resources available for victims of identity theft. A place for the officer's name, badge number and any applicable case or incident number. Information regarding available compensation for qualifying victims of crime (CRS § 24-4.1-101 et seq.). 1. How to apply or assistance in filing for Victim Compensation Information required pursuant to the Victim Rights Act (CRS § 24-4.1-301 et seq.). Information related to the Colorado Organization for Victim Assistance (COVA), http://www.coloradocrimevictims.org/. Information regarding the ability of a victim of domestic violence to terminate a landlord-tenant agreement pursuant to CRS § 38-12-402. An advisement that the victim may apply to have a substitute address designated for public records and confidential mail forwarding (CRS § 24-30-2102). 336.6 WITNESSES Officers should never guarantee a witness' safety from future harm or that their identity will always remain confidential. Officers may make practical safety suggestions to witnesses who express fear of future harm or retaliation. Officers should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable. Officers should notify witnesses of the availability of the Witness Protection Program as contained in the Victim Services Brochure. 336.6.1 SPECIFIC REQUIREMENTS REGARDING WITNESSES Officers should provide all witnesses with the applicable witness information handouts (CRS § 24-4.1-302.5; CRS § 24-4.1-304). 336.7 WITNESS INFORMATION The Victim Services Coordinator shall ensure that witness information handouts are available and current. These should include information specifically related to witness rights and resources (CRS § 24-4.1-302.5; CRS § 24-4.1-304). Victim Assistance Program - 150 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 337 Brighton Police Department Policy Manual Victim Advocate Call Out 337.1 PURPOSE AND SCOPE The Brighton Police Department Victim Assistance Program holds to the belief that concern for the victim is paramount. The primary function of the Victim Assistance Program is to provide effective services which focuses on crisis intervention, emotional support, education, and assistance to victims in compliance with established law. 337.1.1 PROCEDURES Victims of the following crimes are guaranteed certain rights as outlined in the Victim Advocate Program policy. Victims of crimes are also entitled to immediate crisis intervention, follow up and support. In keeping with that requirement, Victim Advocates will be notified for response based on the following procedures. The On Call Victim Advocate will be called out for an immediate response for crisis intervention in the following incidents: Domestic Violence Sexual Assaults Deaths from homicide, suicide, Sudden Infant Death etc. Accidents resulting in serious bodily injury where death is probable Any other crime where the victim is traumatized and a Victim Advocate can provide immediate support. The On Call Victim Advocate should be notified but should not respond when: Both the parties of a domestic violence incident are arrested as co-defendants. The victim of domestic violence incident is intoxicated. 337.1.2 SAFETY PROCEDURES FOR VICTIM ADVOCATES In order to ensure the safety of Victim Advocates who respond to the scene of an incident, the following steps should be taken: If the suspect is still at large or there exists any potential for further violence or disturbance then 1. The officer will remain at the scene with the Victim Advocate while the Victim Advocate completes the information process, or 2. The officer will arrange for the victim to meet with the Victim Advocate at the Police Department, or 3. The officer will request that the Victim Advocate complete the information process over the telephone 337.1.3 RESPONSE TIMES On Call Victim Advocates are expected to arrive on scene within 30 minutes of being called out. If a Victim Advocate has not responded with a reasonable period of time, then the Victim Services Coordinator or designee should be notified. Victim Advocate Call Out - 151 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 338 Brighton Police Department Policy Manual Bias-Motivated Crimes 338.1 PURPOSE AND SCOPE The Brighton Police Department recognizes and places a high priority on the rights of all individuals guaranteed under the Constitution and the laws of this state. When such rights are infringed upon by violence, threats or other harassment, this Department will utilize all available resources to see that justice is served under the law. This policy has been developed to meet or exceed the provisions of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, and provides members of this Department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias. 338.1.1 FEDERAL JURISDICTION Federal law prohibits discrimination-based acts. The U.S. Department of Justice (DOJ) may obtain jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability (18 USC 245). 338.2 DEFINITIONS Definitions related to this policy include: Bias-motivated crime - A person commits a bias-motivated crime if, with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation, he/she (CRS § 18-9-121(2)): Knowingly causes bodily injury to another person. By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person's property, and such words or conduct are likely to produce bodily injury to that person or damage to that person's property. Knowingly causes damage to or destruction of the property of another person. 338.3 PREVENTING AND PREPARING FOR LIKELY BIAS-MOTIVATED CRIMES While it is recognized that not all crime can be prevented, this Department is committed to taking a proactive approach to preventing and preparing for likely bias-motivated crimes by among other things: Making an affirmative effort to establish contact with persons and groups within the community who are likely targets of bias-motivated crimes to form, and cooperate with, prevention and response networks. Providing victim assistance and follow-up as outlined below, including community follow-up. Educating community and civic groups about bias-motivated crime laws. Bias-Motivated Crimes - 152 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Bias-Motivated Crimes 338.4 PROCEDURES FOR INVESTIGATING BIAS-MOTIVATED CRIMES Whenever any member of this Department receives a report of a suspected bias-motivated crime or other activity that reasonably appears to involve a potential bias-motivated crime, the following should occur: Officers will be assigned to contact the victim, witness or reporting party to investigate the matter further as circumstances may dictate. A supervisor should be notified of the circumstances as soon as practicable. Once "in progress" aspects of any such situation have been stabilized treatment of victims or apprehension of present suspects), the assigned officers will take all reasonable steps to preserve available evidence that may tend to establish that a bias-motivated crime was involved. The assigned officers will interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a bias-motivated crime. No victim of, or a witness to, a bias-motivated crime who is not otherwise charged with or convicted of a crime under state law may be detained for or turned over to federal authorities exclusively for any actual or suspected immigration violation. Depending on the situation, the assigned officers or supervisor may request additional assistance from investigators or other resources to further the investigation. The assigned officers will include all available evidence indicating the likelihood of a bias-motivated crime in the relevant reports. All related reports will be clearly marked as "Bias-Motivated Crimes" and, absent prior approval of a supervisor, will be completed and submitted by the assigned officers before the end of the shift. The assigned officers should also make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as required by the Victim Assistance Policy. The assigned officers and supervisor should take reasonable steps to ensure that any such situation does not escalate further and should provide information to the victim regarding legal aid, e.g., a possible Temporary Restraining Order through the courts or District Attorney. 338.5 DETECTIVE SECTION RESPONSIBILITIES If a case is assigned to the Detective Section, the assigned investigator will be responsible for following up on the reported bias-motivated crime by: Coordinating further investigation with the District Attorney and other appropriate law enforcement agencies. Maintaining contact with the victim and other involved individuals, as needed. Maintaining statistical data and tracking of suspected bias-motivated crimes as indicated or required by state law. 338.5.1 STATE BIAS-MOTIVATED CRIME REPORTING This Department shall report bias-motivated crime offenses in the form and manner and at regular intervals as prescribed by rules adopted by the Department of Public Safety. This shall be conducted by the Records Supervisor or assigned to the Detective Section. Bias-Motivated Crimes - 153 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Bias-Motivated Crimes 338.5.2 FEDERAL BIAS-MOTIVATED CRIME REPORTING The Records Supervisor should include bias crime data reporting within the National Incident Based Reporting System (NIBRS), Uniform Crime Report (UCR) and Summary Reporting System (SRS) reports pursuant to Records Section procedures and in compliance with (28 USC § 534(a)). 338.6 TRAINING All officers of this Department shall receive training on bias-motivated crime recognition and investigation and shall attend annual training which incorporates a bias-motivated crime training component. Bias-Motivated Crimes - 154 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 340 Brighton Police Department Policy Manual Disciplinary Policy 340.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of this Department and are expected of its members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning member conduct. Members are also subject to provisions contained throughout this manual as well as any additional guidance on conduct that may be disseminated by the Department or the member's supervisors. This policy applies to all employees (full- and part-time), reserve officers and volunteers. All employees will have ready access to electronic copies of the Code of Conduct, Disciplinary Policy and personal appearance guidelines. 340.2 DISCIPLINE POLICY The continued employment of every employee of this Department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure of any employee to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action. An employee's off-duty conduct shall be governed by this policy to the extent that it is related to acts that may materially affect or arise from the employee's ability to perform official duties, that it may indicate a lack of unfitness for their position or that brings discredit or harm to the professional image or reputation of the Department, its members, the City or the law enforcement profession. In accordance with the City of Brighton Employee Handbook, discipline may include: Oral Reprimand, Written Instruction and Cautioning (Written Reprimand) Written Instruction and a Minimum of One Day Suspension Written instruction and a Minimum of Three Day Suspension Dismissal Additionally, training and counseling may be used as a component of disciplinary action in order to enhance the performance of employees. 340.2.1 LAWFUL ORDERS Employees shall comply with lawful directives and orders from any supervisor or person in a position of authority absent a reasonable and bona fide justification. An employee who believes any written or verbal order to be unlawful or in conflict with another order shall: Immediately inform the supervisor issuing the order, the employee's immediate supervisor or the Patrol Sergeant of the conflict or error of the order. Provide details explaining the grounds for the belief of the conflict or error of the order. Request clarification, guidance and direction regarding following the order. Disciplinary Policy - 155 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Disciplinary Policy Request the order in writing should the conflict or error be unresolved. Respectfully inform the supervisor if they intend to disobey what they reasonably believes to be an unlawful order. An employee's election to disobey an order they believe to be unlawful is not a bar to discipline should the order be determined as lawful. 340.3 CONDUCT THAT MAY RESULT IN DISCIPLINE The following causes for disciplinary action constitute a portion of the disciplinary standards of this Department and the City of Brighton. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for specific action or inaction that is detrimental to efficient department service. Employees shall conduct themselves, whether on- or off-duty, in accordance with the Constitution of the United States, the Colorado Constitution and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. Any of the following actions may be deemed sufficient cause for the discipline, discharge, suspension, demotion or removal of any employee: Failure to abide by the standards of ethical conduct for employees, including fraud in securing appointment or hire. Activity that is incompatible with an employee's conditions of employment as established by law or that violates a provision of any agreement or contract. Violation of any rule, order, requirement or the failure to follow instructions contained in Department or City manuals. Willful disobedience to any legal order properly issued by any superior officer of the Department. Willful neglect of duty. Making public any active investigation information or other data classified as confidential to any unauthorized person. Unreasonable and unwarranted force to a person encountered or a person under arrest. Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. Improper political activity including unauthorized attendance while on-duty at official legislative or political sessions. Willful and inexcusable destruction or loss of Department property. Violations of federal, state, local or administrative laws that are willful or inexcusable or involve moral turpitude. Acceptance of fees, gifts or money contrary to the rules of the Department and/or laws of the state. Any act on- or off-duty which brings discredit to the Department. Bias-based policing. Violations of City policies and established practices, including the use of alcohol and drugs. Disciplinary Policy - 156 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Disciplinary Policy 340.3.1 WORK ATTENDANCE Leaving the job to which assigned during duty hours without reasonable excuse and proper permission and approval. Tardiness on scheduled work day. Failure to report to work or to a place of assignment at the time specified and fully prepared to perform duties without a reasonable excuse. Failure to notify the Department within 24 hours of any change in residence address, contact phone number or emergency contact information. Unauthorized absence from duty or abuse of leave privileges. 340.3.2 PROHIBITED CONDUCT Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily injury on another. Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment without first notifying the Chief of Police of such action. Using Department resources in association with any portion of an independent civil action. These resources include, but are not limited to, personnel, vehicles, equipment and non-subpoenaed records. Engaging in horseplay resulting in injury or property damage or the reasonable possibility thereof. Unauthorized possession of, loss of, or damage to Department property or the property of others, or endangering it through unreasonable carelessness or maliciousness. Failure of any employee to and fully report activities on their part or the part of any other employee where such activities may result in criminal prosecution or discipline. Failure of any employee to and fully report activities that have resulted in official contact by any other law enforcement agency. Using or disclosing one's status as an employee with the Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non-department business or activity. The use of any information, photograph or video obtained or accessed as a result of employment with the Department for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee may result in discipline under this policy. Seeking restraining orders against individuals encountered in the line of duty without the express permission of the Chief of Police. Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City. Unwelcome solicitation of a personal or sexual relationship while on-duty or through the use of one's official capacity. Engaging in on-duty sexual activity including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact. Subjecting another to sexual harassment. Disciplinary Policy - 157 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Disciplinary Policy 340.3.3 DISCRIMINATION, OPPRESSION, HARASSMENT OR FAVORITISM Discrimination, oppression or favoritism of any person because of age, race, color, creed, religion, sex, sexual orientation, national origin, ancestry, marital status, physical or mental disability or medical condition, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power or immunity, with the knowledge that the conduct is unlawful and prohibited. 340.3.4 INTOXICANTS Reporting for work or being at work following the use of intoxicants, where such use may impair the employee's ability to perform assigned duties or where there is an immediate suspicion of ineffectiveness during public contact resulting from the use of intoxicants. Unauthorized possession or use of, or attempting to bring intoxicants to the work site, except as authorized in the performance of an official assignment. An employee who is authorized to consume intoxicants is not permitted to do so to such a degree that it may impair on-duty performance. Reporting for work or being at work following the use of a controlled substance or any drug (whether legally prescribed or otherwise), where such use may impair the employee's ability to perform assigned duties, without prior notification of a supervisor. Unauthorized possession, use of, or attempting to bring a controlled substance or other illegal drug to any work site. The use and/or possession of marijuana whether on duty or off duty. 340.3.5 PERFORMANCE PROBLEMS Unauthorized sleeping during on-duty time or assignments without permission. Careless workmanship resulting in spoilage or waste of materials or unacceptable work as applicable to the nature of the work assigned. Unsatisfactory work performance, including, but not limited to, failure, incompetence, inefficiency or delay in performing and/or carrying out proper orders, work assignments or instructions of supervisors without a reasonable and bona fide justification. Concealing, attempting to conceal, removing or destroying defective or incompetent work. Disobedience or insubordination to constituted authorities, including refusal or deliberate failure to carry out or follow lawful directives and orders from any supervisor or person in a position of authority. The wrongful or unlawful exercise of authority on the part of any employee for malicious purpose, personal gain, willful deceit or any other improper purpose. Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of the Department or subverts the good order, efficiency and discipline of the Department, or that would tend to discredit any member thereof. Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm or destroy the reputation, authority or official standing of the Department or members thereof. The falsification of any work-related records, the making of misleading entries or statements with the intent to deceive or the willful and unauthorized removal, Disciplinary Policy - 158 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Disciplinary Policy alteration, destruction and/or mutilation of any Department record, public record, book or paper document. Wrongfully loaning, selling, allowing unauthorized use, giving away or appropriating any Department badge, uniform, identification card or property for personal use, personal gain or any other improper or unauthorized use or purpose. The unauthorized use of any badge, uniform, identification card or other Department equipment or property for personal gain or any other improper purpose. The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the employee's duties (lawful subpoena fees and authorized work permits excepted). Any knowing or negligent violation of the provisions of the Department Policy Manual, operating procedures or other written directive of an authorized supervisor. The Department shall make the Policy Manual available to all employees. Employees shall familiarize themselves with this manual and be responsible for compliance with each of the policies contained herein. Attempted or actual theft of Department property, misappropriation or misuse of public funds, property, personnel or services or the property of others, or the unauthorized removal or possession of Department property or the property of another person. Criminal, dishonest, infamous or disgraceful conduct adversely affecting the employee/employer relationship, whether on- or off-duty. Failure to disclose or misrepresenting material facts or the making of any false or misleading statement on any application, examination form or other official document, report or form, or during the course of any work-related investigation. Failure to take reasonable action while on-duty and when required by law, statute, resolution or approved Department practices or procedures. Associating with or joining a criminal gang, organized crime and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by the Department. Offer or acceptance of a bribe or gratuity. Misappropriation or misuse of public funds, property, personnel or services. Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: While on Department premises, at any work site, while on-duty or while in uniform, or while using any Department equipment or system. Gambling activity undertaken as part of an officer's official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition. Substantiated, active, continuing association on a personal rather than official basis with persons who engage in or are continuing to engage in serious violations of state or federal laws, where the employee has or reasonably should have knowledge of such criminal activities, except where specifically directed and authorized by the Department. Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on-duty, on Department property or while in any way representing him/herself as a member of this department, except as expressly authorized by the City policy or the Chief of Police. Disciplinary Policy - 159 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Disciplinary Policy Engaging in political activities during assigned working hours except as expressly authorized by the City policy, or the Chief of Police. Violating a law related to employment or any misdemeanor or felony statute. (aa) Any other on- or off-duty conduct which any employee knows or reasonably should know is unbecoming a member of the Department or which is contrary to good order, efficiency or morale or which tends to reflect unfavorably upon the Department or its members. (ab) Any failure or refusal of an employee to properly perform the function and duties of an assigned position. (ac) Failure to maintain required and current licenses (e.g. driver's license) and certifications (e.g. first aid). (ad) Failing to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department-related business. (ae) Establishing an inappropriate social relationship, as a result of an investigation, with a known victim, witness, suspect or defendant of a Department case while such case is being investigated or prosecuted. 340.3.6 SAFETY Failure to observe posted rules, signs and written or oral safety instructions while on-duty and/or within Department facilities or to use required protective clothing or equipment. Knowingly failing to report any on-the-job or work-related accident or injury within 24 hours. Substantiated employee record of unsafe or improper driving habits or actions in the course of employment. Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties. Any personal action contributing to involvement in a preventable traffic collision, or other unsafe or improper driving habits or actions in the course of employment. Violating Department safety standards or safe working practices. 340.3.7 UNAUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION Unauthorized and inappropriate intentional release of confidential information, materials, data, forms or reports is prohibited. 340.3.8 SUPERVISOR RESPONSIBILITIES If an employee's conduct is a cause of action for discipline, the supervisor shall inform the employee and specifically of the improper conduct. Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for: Failure to take appropriate action to ensure that employees adhere to the policies and procedures of this Department and that the actions of all personnel comply with all laws. Disciplinary Policy - 160 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Disciplinary Policy Failure to report in a timely manner any known misconduct of an employee to their immediate supervisor or to document such misconduct appropriately or as required by policy. The unequal or disparate exercise of authority on the part of a supervisor toward any employee for malicious or other improper purpose. 340.4 INVESTIGATION OF DISCIPLINARY ALLEGATIONS Regardless of the source of an allegation of misconduct, all such matters will be investigated pursuant to state or local law and in accordance with the Personnel Complaint Procedure Policy. The investigation should be completed within six months of the discovery of the allegation or within a reasonable time thereafter based upon the complexity or conditions of the investigation. 340.5 POST INVESTIGATION PROCEDURES 340.5.1 CAPTAIN RESPONSIBILITIES Upon receipt of any completed personnel investigation, the Captain of the involved employee shall review the entire investigative file, the employee's personnel file and any other relevant materials. The Captain may make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed. Prior to forwarding recommendations to the Chief of Police, the Captain may return the entire investigation to the assigned detective or supervisor for further investigation or action. When forwarding any written recommendation to the Chief of Police, the Captain shall include all relevant materials supporting the recommendation. Actual copies of an employee's existing personnel file need not be provided and may be incorporated by reference. 340.5.2 RESPONSIBILITIES OF THE CHIEF OF POLICE Upon receipt of any written recommendation for disciplinary action, the Chief of Police will review the recommendation and all accompanying materials. The Chief of Police may modify any recommendations and/or may return the file to the Captain for further investigation or action. Once the Chief of Police is satisfied that no further investigation or action is required by the staff, the Chief of Police shall determine the amount of discipline, if any, to be imposed. In the event disciplinary action is recommended, the Chief of Police shall provide the employee with written notice that includes: Specific charges set forth in separate counts, describing the conduct underlying each count. A separate recommendation of proposed discipline for each charge. A statement that the employee has been provided with or given access to all of the materials considered by the Chief of Police in recommending the proposed discipline. An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. Disciplinary Policy - 161 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Disciplinary Policy 1. Upon a showing of good cause by the employee, the Chief of Police may grant a reasonable extension of time for the employee to respond. 2. If the employee elects to respond orally, the presentation shall be recorded by the Department. Upon request, the employee shall be provided with a copy of the recording. 340.6 PRE-DISCIPLINARY HEARING The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to the imposition of any recommended discipline. The employee shall consider the following: This response is not intended to be an adversarial or formal hearing. Although the employee may be represented by an uninvolved representative and/or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results of the subsequent investigation prior to the imposition of any discipline. The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials. Once the employee has completed their response or, if the employee has elected to waive any such response, the Chief of Police will consider all information received in regard to the recommended discipline. The Chief of Police shall thereafter render a timely written decision to the employee imposing, modifying or rejecting the recommended discipline. In the event of a termination, the final notice of discipline shall also inform the employee of the reasons for termination and the process to receive all remaining fringe and retirement benefits. The discipline shall become effective once the Chief of Police has issued a written decision. 340.7 RESIGNATIONS PRIOR TO DISCIPLINE In the event that an employee tenders a written retirement or resignation prior to the imposition of discipline, it shall be noted in the file. The tender of a retirement or resignation by itself shall not serve as grounds for the termination of pending discipline. 340.8 POST-DISCIPLINE APPEAL PROCEDURES An employee has the right to formally appeal to the Chief of Police on the imposition of a suspension, punitive transfer, demotion, termination of a nonprobationary employee: All members of the Department who receive formal disciplinary action amounting to a suspension, demotion, termination or transfer where the individual will receive lesser compensation, may appeal the disciplinary decision through the grievance procedure. Disciplinary Policy - 162 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Disciplinary Policy Individuals wishing to appeal disciplinary actions shall do so in writing within five days of receiving notice of discipline. The decision of the Chief of Police in the matter is final within the Department. An employee may file an appeal according to the provisions of the City of Brighton Employee Handbook. An employee may seek judicial relief after exhausting Department grievance procedures and other administrative remedies through application to the District Court. 340.9 DISCIPLINARY ACTION AGAINST PROBATIONARY EMPLOYEES In the event that a probationary employee is terminated solely for unsatisfactory performance or the failure to meet Department standards, the employee shall have no right to appeal and the following shall be considered: Termination of a probationary employee for such failure to pass probation shall be so reflected in the employee's personnel file. In the event that a probationary employee is disciplined or terminated for misconduct, the employee shall only be entitled to appeal the decision in the same manner as set forth in the appeal procedure above. This appeal process may be held prior to or within a reasonable time after the imposition of discipline. At all times during any investigation of allegations of misconduct involving a probationary officer, such officer shall be afforded all procedural rights set forth in applicable Department policies. A probationary employee's appeal of disciplinary action shall be limited to an opportunity for the employee to attempt to establish that the underlying allegations should not be sustained. Nothing in this policy or procedure, however, should be construed to establish any sort of property interest in or right to the employee's continuation of employment. The burden of proof for any probationary employee's appeal of disciplinary action shall rest with the employee and will require proof by a preponderance of the evidence. In the event that a probationary employee meets their burden of proof in such a disciplinary appeal, the Department will remove all reference to the underlying allegations of misconduct from the employee's personnel file. In the event that a probationary employee fails to meet their burden of proof in such a disciplinary appeal, the employee shall have no further right to appeal beyond the Chief of Police. Disciplinary Policy - 163 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 342 Brighton Police Department Policy Manual Department Technology Use 342.1 PURPOSE AND SCOPE This policy describes the use of Department computers, software and systems. 342.1.1 PRIVACY POLICY Any employee utilizing any computer, electronic storage device or media, Internet service, telephone service, information conduit, system or other wireless service provided by or funded by the Department expressly acknowledges and agrees that the use of such service, whether for business or personal use, shall remove any expectation of privacy that the employee, sender and recipient of any communications utilizing such service might otherwise have, including as to the content of any such communications. The Department also expressly reserves the right to access and audit any and all communications, including content that is sent, received and/or stored through the use of such service. 342.2 DEFINITIONS Definitions related to this policy include: Computer system - Includes all computers (on-site and portable), hardware, software and resources owned, leased, rented or licensed by the Brighton Police Department that are provided for use by Department employees. Hardware - Includes, but is not limited to, computers, computer terminals, network equipment, modems or any other tangible computer device generally understood to comprise hardware. Software - Includes, but is not limited to, all computer programs and applications, including shareware (software available for trial use). This does not include files created by the individual user. Temporary file, permanent file or file - Includes any electronic document, information or data residing or located, in whole or in part, on the system, including but not limited to, spreadsheets, calendar entries, appointments, tasks, notes, letters, reports or messages. 342.3 SYSTEM INSPECTIONS There is no expectation of privacy regarding files contained in or on Department computers or systems. A Department supervisor or the authorized designee has the express authority to inspect or review the system, any and all temporary or permanent files and related electronic systems or devices and any contents thereof, whether such inspection or review is in the ordinary course of their supervisory duties or based on cause. When requested by an employee's supervisor, or during the course of regular duties requiring such information, a member of the agency's information systems staff may extract, download or otherwise obtain any and all temporary or permanent files residing or located in or on the system. Reasons for inspection or review may include, but are not limited to, system malfunctions, problems or general system failure, a lawsuit against the agency involving the employee Department Technology Use - 164 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Department Technology Use or related to the employee's duties, an alleged or suspected violation of any Department policy, request for disclosure of data, or a need to perform or provide an agency service. 342.4 AGENCY PROPERTY All information, data, documents and other entries initiated on any of the agency's computers, whether downloaded or transferred from the original agency computer, shall remain the exclusive property of the Department and shall not be available for personal or non-department use without the express written authorization of an employee's supervisor. 342.5 UNAUTHORIZED DUPLICATION OF SOFTWARE Employees shall not copy or duplicate any copyrighted and/or licensed software except for a single copy for backup purposes. To reduce the risk of an agency computer virus, employees are not permitted to install personal copies of any software onto the computers owned or operated by the Department. If an employee must copy data onto a disk and download it on a non-department computer, the employee shall scan the disk for viruses before loading the data on a Department computer system. No employee shall knowingly make, acquire or use unauthorized copies of computer software that is not licensed to the Department while on Department premises or on a Department computer system. The Department and individuals can be subject to civil damages per title copied, along with criminal penalties including fines and imprisonment. 342.6 PROHIBITED AND INAPPROPRIATE USE Access to Department technology resources, including Internet access provided by, or through, the Department, shall be strictly limited to Department-related business activities. Data stored on, or available through, Department systems shall only be accessed by authorized employees who are engaged in an active investigation, assisting in an active investigation or who otherwise have a legitimate law enforcement or Department business-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. An Internet site containing information that is not appropriate or applicable to Department use and that shall not be intentionally accessed includes, but is not limited to, adult forums, pornography, chat rooms and similar or related websites. Certain exceptions may be permitted with the approval of a supervisor as a function of an assignment. Downloaded information shall be limited to messages, mail and data files. No copyrighted and/or unlicensed software program files may be downloaded without authorization of the Information Technology (IT) Department or, when related to criminal investigations, the Chief of Police or the authorized designee. Employees shall report any unauthorized access to the system or suspected intrusion from outside sources (including the Internet) to a supervisor. 342.7 INTRODUCTION OF SOFTWARE Introduction of software by users should only occur as a part of the automated maintenance or update process of Department or City-approved or installed programs by the original manufacturer, producer or developer of the software. Any other introduction of software requires prior authorization by the IT Department. Department Technology Use - 165 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Department Technology Use 342.8 PROTECTION OF DEPARTMENT SYSTEMS AND FILES All employees have a duty to protect the system and related systems and devices from physical and environmental damage, and are responsible for the correct use, operation, care and maintenance of the system. Employees shall ensure Department computers and access terminals are not viewable by persons who are not authorized users. Computers and terminals should be secured, users logged off and password protections enabled whenever the user is not present. Access passwords, logon information and other individual security data, protocols and procedures are confidential information and are not to be shared. Employees should not use another person's access passwords, logon information and other individual security data, protocols and procedures unless directed to do so by a supervisor. Password length, format, structure and content shall meet the prescribed standards required by the system or as directed by a supervisor and shall be changed at intervals as directed by a supervisor. It is expressly prohibited for an employee to allow an unauthorized user to access the system at any time or for any reason. Department Technology Use - 166 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 344 Brighton Police Department Policy Manual Report Preparation 344.1 PURPOSE AND SCOPE Report preparation is a major part of each employee's job. The purpose of reports is to document sufficient information to refresh the employee's memory and to provide sufficient information for follow-up investigation and successful prosecution. Report writing is the subject of substantial formal and on-the-job training. 344.1.1 REPORT PREPARATION Employees should ensure that their reports are sufficiently detailed for their purpose and reasonably free of errors prior to submission. It is the responsibility of the assigned employee to complete and submit all reports taken during the shift before going off-duty, unless permission to delay submission of the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads or arrest reports where the suspect remains in custody should not be delayed. Handwritten reports, if any, must be prepared legibly. If the report is not prepared legibly, the submitting employee will be required by the reviewing supervisor to make corrections and resubmit the report. All reports shall accurately reflect the identity of the persons involved, victims, witnesses, all pertinent information seen, heard or assimilated by any other sense and any actions taken. Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. Generally, the reporting employee's opinions should not be included in reports unless specifically identified as such. 344.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate Department-approved form unless otherwise approved by a supervisor. 344.2.1 CRIMINAL ACTIVITY REPORTING When an employee responds to a call for service, a crime has been reported or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the employee is required to document the activity. The fact that a victim does not desire prosecution is not an exception to documentation. The following are examples of required documentation: In every instance where a crime has been reported or observed, the documentation shall take the form of a written report In every instance where a misdemeanor crime has been reported and it is later determined that no crime occurred, the report should be unfounded. In every case where any force is used against any person by police personnel All incidents involving reports of domestic violence All arrests 344.2.2 NON-CRIMINAL ACTIVITY Incidents that shall be documented using the appropriate approved report include: Report Preparation - 167 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Report Preparation Anytime an officer points a firearm at any person. Any use of physical force against any person by a member of this department (see the Use of Force Policy). Any firearm discharge (see the Firearm Discharge Policy) except during approved range training. Anytime a person is reported missing (regardless of jurisdiction) (see the Missing Person Reporting Policy). Any found property or found evidence. Any traffic collisions above the minimum reporting level (see the Traffic Accident Response and Reporting Policy). Suspicious incidents that may indicate a potential for crimes against children, or that a child's safety is in jeopardy. All protective custody detentions. Suspicious incidents that may place the public or others at risk. Whenever the employee believes the circumstances should be documented or at the direction of a supervisor. 344.2.3 DEATH INVESTIGATIONS Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with the Death Investigations Policy. An officer handling a death investigation should notify and apprise a supervisor of the circumstances surrounding the incident and a determination will be made on how to proceed. Generally, every death investigation is a homicide investigation until proven otherwise. The following cases shall be appropriately investigated and documented using the approved report: Sudden or accidental deaths Suicides Homicide or suspected homicide Unattended deaths (no physician or qualified hospice care during the period immediately preceding death) Found dead bodies or body parts 344.2.4 INJURY OR DAMAGE BY CITY PERSONNEL Reports shall be taken if an injury occurs that is a result of an act of a City employee. Reports also shall be taken when there is damage to City property or City equipment. 344.2.5 MISCELLANEOUS INJURIES Any injury that is reported to this Department shall require a report when: The injury is a result of a drug overdose. There is an attempted suicide. The injury is major or serious, whereas death could result. The circumstances surrounding the incident are suspicious in nature and it is desirable to record the event. The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an employee to document any incident they deem necessary. Report Preparation - 168 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Report Preparation 344.3 GENERAL POLICY OF EXPEDITIOUS REPORTING In general, all employees and supervisors shall act with promptness and efficiency in the preparation and processing of all reports. An incomplete report, unorganized reports or reports delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances. 344.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS Some incidents and report forms lend themselves to block print rather than typing. In general, the narrative portion of those reports where an arrest is made or when there is a long narrative should be typed or dictated. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for Department consistency. 344.3.2 GENERAL USE OF HANDWRITTEN FORMS County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent. 344.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor should reject the report in I-Leads. The original report and the correction form should be returned to the reporting employee for correction as soon as practicable. It shall be the responsibility of the originating employee to ensure that any report returned for correction is processed in a timely manner. 344.5 REPORT CHANGES OR ALTERATIONS Reports that have been approved by a supervisor and submitted to the Records Section for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Records Section may be corrected or modified by the authoring employee only with the knowledge and authorization of the reviewing supervisor. Report Preparation - 169 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 346 Brighton Police Department Policy Manual News Media Relations 346.1 PURPOSE AND SCOPE This policy provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 346.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police. However, in situations not warranting immediate notice to the Chief of Police and in situations where the Chief of Police has given prior approval, Captains, Lieutenants, Patrol Sergeants and the designated PIO may prepare and release information to the media in accordance with this policy and the applicable law. 346.2.1 MEDIA REQUEST FOR INFORMATION Any media request for information or access to a law enforcement situation shall be referred to the designated Department PIO or media representative, or if unavailable, to the first available supervisor. Prior to releasing any information to the media, employees shall consider the following: At no time shall any employee of this Department make any comment or release any official information to the media without prior approval from a supervisor or the designated Department PIO or media representative. In situations involving multiple law enforcement agencies or other criminal justice agencies including, but not limited to, prosecutors and coroners, every reasonable effort should be made to coordinate media releases with the authorized representative of each involved agency prior to the release of any information by this Department. Under no circumstance should any member of this Department make any comments to the media regarding any law enforcement incident not involving this Department without prior approval of the Chief of Police. 346.3 MEDIA ACCESS Authorized members of the media should be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. Access by the media is subject to the following conditions: The media representative shall produce valid press credentials that shall be prominently displayed at all times while in areas otherwise closed to the public. Media representatives may be prevented from interfering with emergency operations and criminal investigations. 1. Reasonable effort should be made to provide a safe staging area for the media that is near the incident and that will not interfere with emergency or criminal investigation operations. All information released to the media should be coordinated through the PIO or other designated spokesperson. No member of this Department shall be required to submit to media visits or interviews without the consent of the involved employee. News Media Relations - 170 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual News Media Relations Media interviews with individuals who are in custody shall not be permitted unless in compliance with a jail facility policy. Exceptions are only permitted with the approval of the Chief of Police and the express written consent of the person in custody. A tactical operation should be handled in the same manner as a crime scene, except the news media shall be permitted within the outer perimeter of the scene, subject to any restrictions as determined by the supervisor in charge. Department members shall not jeopardize a tactical operation in order to accommodate the news media. All comments to the media shall be coordinated through a supervisor or the PIO. 346.3.1 TEMPORARY FLIGHT RESTRICTIONS Whenever the presence of media or other aircraft pose a threat to public or officer safety or significantly hamper incident operations, the field supervisor should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Shift Sergeant. The TFR request should include specific information regarding the perimeter and altitude necessary for the incident. It should be requested through the appropriate control tower. If the control tower is not known, the Federal Aviation Administration (FAA) should be contacted (14 CFR § 91.137). 346.3.2 PROVIDING ADVANCE INFORMATION To protect the safety and rights of officers and other persons, advance information about planned actions by law enforcement personnel, such as movement of persons in custody or the execution of an arrest or search warrant, should not be disclosed to the news media nor should media representatives be invited to be present at such actions except with the prior approval of the Chief of Police. Any exceptions to the above should only be considered for the furtherance of legitimate law enforcement purposes. Prior to approving any exception, the Chief of Police will consider, at minimum, whether the release of information or presence of the media would unreasonably endanger any individual, prejudice the rights of any person or is otherwise prohibited by law. 346.4 SCOPE OF INFORMATION SUBJECT TO RELEASE The Records Section will maintain a daily information log of significant law enforcement activities that shall be made available, upon request, to media representatives through the Shift Sergeant. This log will consist of data classified as public and should generally contain: The date, time, location, case number, type of crime, extent of injury or loss and names of individuals (except confidential informants) involved in crimes occurring within this jurisdiction, unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. The date, time, location, case number, name, birth date and charges for each person arrested by this department, unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. The time and location of other significant law enforcement activities or requests for service with a brief summary of the incident subject to the restrictions of this policy and applicable law. At no time shall identifying information pertaining to a juvenile arrestee be publicly released without prior approval of a competent court or as permitted by state law. News Media Relations - 171 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual News Media Relations At no time shall identifying information pertaining to a juvenile victim be publicly released without prior approval of a competent court when access to the data would reveal the identity of a victim or alleged victim. At no time shall identifying information pertaining to a juvenile witness be publicly released without prior approval of a competent court when this department has determined that the identity of a juvenile witness reasonably requires protection. Information concerning incidents involving persons whose identities are classified as private or confidential under state law shall be restricted from disclosure. Further detail is available in the Release of Records Policy. Identifying information concerning deceased individuals should only be released to the media when the decedent's identity has been verified, the decedent's family has been notified when feasible and the release is approved by a supervisor. Any requests for copies of related reports or additional information not contained in this log shall be referred to the designated media representative, the custodian of records, or if unavailable, to the Shift Sergeant. Such requests will be processed in accordance with policy and state law. 346.4.1 RESTRICTED INFORMATION It shall be the responsibility of the authorized employee dealing with media requests to ensure that restricted information is not inappropriately released to the media by this Department (See the Release of Records Policy and the Personnel Files Policy). When in doubt, authorized and available legal counsel should be obtained. Examples of such restricted information include, but are not limited to: The identities of involved officers when the release hinders a law enforcement purpose or reveals the identity of an undercover law enforcement officer and as otherwise required by law . Information that would tend to endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation. Information pertaining to pending litigation involving this Department. Information obtained in confidence or that uniquely describes stolen, lost, confiscated or recovered property. Any information that is otherwise privileged or restricted under state or federal law. News Media Relations - 172 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 348 Brighton Police Department Policy Manual Court Appearance and Subpoenas 348.1 PURPOSE AND SCOPE This policy has been established to provide for the acceptance of subpoenas and court notices and to ensure that employees appear in court when requested and present a professional appearance. 348.1.1 DEFINITIONS Definitions related to this policy include: On call - When an employee has appeared in court or is on-duty and has been told by a member of the court that the employee is free to leave the court or return to duty, subject to being available by telephone or pager. Standby - When an employee receives a subpoena or court notice of a type that allows them to not appear in court but to remain available by telephone or pager so that the employee may be directed to appear in court within a reasonable amount of time. Mandatory appearance - Subpoenas and court notices require an employee's physical appearance in the specified court at the specified time unless advised by the notice or issuing attorney otherwise. Failure to appear either intentionally or by negligence may result in disciplinary action. 348.2 COURT SUBPOENAS AND NOTICES Employees who receive subpoenas or court notices related to their employment with this Department are subject to the provisions of this policy. Employees should be aware that their compliance is mandatory on all cases for which they have been properly subpoenaed or properly notified. This policy applies to civil and criminal subpoenas and notices. Employees are expected to cooperate with the prosecution to ensure the successful conclusion of a case. 348.2.1 VALID SUBPOENAS No subpoena or court notice shall be accepted for an employee of this Department unless it has been properly served. 348.2.2 ACCEPTANCE OF SUBPOENAS Only the employee named in a subpoena, their immediate supervisor or the Operations Administrative Assistant be authorized to accept service of a subpoena. Any authorized employee accepting a subpoena shall immediately provide a copy of the subpoena to the Operations Administrative Assistant. The Operations Administrative Assistant shall maintain a chronological log of all Department subpoenas and provide a copy of the subpoena to each involved employee. Any supervisor or other authorized individual accepting a subpoena on behalf of another employee should check available schedules to determine the availability of the named employee for the date listed on the subpoena. Once a subpoena has been received by a supervisor or other authorized individual, a copy of the subpoena shall be provided to the Operations Administrative Assistant as well as a copy to the individually named employee. Court Appearance and Subpoenas - 173 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Court Appearance and Subpoenas 348.2.3 REFUSAL OF SUBPOENA Training, vacations and regularly scheduled days off are not valid reasons for refusing a subpoena or missing court. If, due to illness or injury, the named employee is unable to appear in court as directed by a previously served subpoena, the employee shall, as soon as reasonably possible, inform the Operations Administrative Assistant or the Patrol Sergeant of the expected absence. It shall then be the responsibility of the Operations Administrative Assistant to notify the issuing authority of the employee's unavailability to appear. In cases in which a government entity is not a party, if a subpoena is presented for service to an immediate supervisor or other authorized individual less than five working days prior to the date listed for an appearance, the supervisor or other authorized individual should tell the process server to serve directly to the named witness. If the named witness is not on-duty, the supervisor shall inform the process server of the next available duty dates for the witness. 348.2.4 COURT STANDBY To facilitate court standby agreements, employees are required to provide and maintain current information on their address and telephone number with the Department. Employees are required to notify the Department within 24 hours of any change in residence address or home telephone number, and to provide an accurate and reasonably reliable means or method for contact. If an employee on standby changes location during the day, the employee shall notify the Operations Administrative Assistant how they can be reached by telephone. Employees are required to remain on standby each day the case is trailing. In a criminal case, the prosecutor handling the case is the only person authorized to excuse an employee from standby status. 348.2.5 OFF-DUTY RELATED SUBPOENAS Employees receiving valid subpoenas for off-duty actions not related to their employment with the Brighton Police Department shall comply with the requirements of the subpoena. Employees receiving these subpoenas are not compensated for their appearance. Arrangements for time off shall be coordinated through the immediate supervisor. 348.2.6 FAILURE TO APPEAR Any employee who fails to comply with the terms of any valid and properly served subpoena may be subject to discipline as well as court-imposed civil and/or criminal sanctions for contempt of court. 348.3 CIVIL SUBPOENAS NOT INVOLVING A GOVERNMENT PARTY The Department will compensate employees who appear in their official capacity on civil matters arising out of the employee's official duties. In such situations, the Department will also reimburse any employee for reasonable and necessary travel expenses. Except when acting as a witness for a government party, the Department will receive reimbursement for the employee's compensation through the civil attorney of record who called the employee as a witness. Any reimbursement received directly by the employee shall be turned over to the Department. Court Appearance and Subpoenas - 174 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Court Appearance and Subpoenas 348.3.1 CIVIL SUBPOENA PROCEDURES To ensure that the employee is able to appear when required, that the employee is compensated for such appearance, and to protect the Department's right to reimbursement, employees shall follow the established procedures for the receipt of a civil subpoena. 348.3.2 CIVIL SUBPOENA ACCEPTANCE Subpoenas shall not be accepted in a civil action in which the employee or the Department is not a party without properly posted fees pursuant to applicable law (CRCP Rule 45). 348.3.3 PRIVATE PARTY CIVIL ACTIONS A private party in a civil action who seeks to subpoena an employee must deposit the statutory fee, if any, for each day's appearance before such subpoena will be accepted. Parties seeking to have the employee make multiple appearances must make an additional deposit in advance to include mileage reimbursement and per diem allowed by law. 348.4 OVERTIME COMPENSATION If the employee appears on their off-duty time, they will be compensated in accordance with the current City salary rules. 348.5 COURTROOM PROTOCOL Employees must be punctual when appearing in court and shall be prepared to proceed immediately with the case for which they are scheduled to appear. 348.5.1 PREPARATION FOR TESTIMONY Before the date of testifying, the subpoenaed employee shall request a copy of relevant reports and become familiar with their content in order to be prepared for court. 348.5.2 COURTROOM ATTIRE Employees shall dress in uniform or business attire. Suitable business attire for men would consist of a coat, tie and dress pants. Suitable business attire for female employees would consist of a dress jacket, dress blouse and skirt or slacks. 348.6 COURTHOUSE DECORUM Employees shall observe all rules of the court in which they are appearing, refrain from chewing gum in the courtroom and shall remain alert to changes in the assigned courtroom where their matter is to be heard. 348.7 TESTIFYING AGAINST THE INTEREST OF THE STATE Any member or employee who is subpoenaed to testify, who has agreed to testify or who anticipates testifying or providing information on behalf of or at the request of any party other than the State of Colorado, any county, city, other unit of government or any of its officers and employees in which any of those entities are parties, will notify their immediate supervisor without delay. The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as may be indicated by the case. The Chief of Police should determine if additional legal support is necessary. This includes, but is not limited to, the following situations: Providing testimony or information for the defense in any criminal trial or proceeding Court Appearance and Subpoenas - 175 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Court Appearance and Subpoenas Providing testimony or information for the plaintiff in a civil proceeding against any county, city, other unit of government or any government official or its officers and employees, including, but not limited to, personnel and/or disciplinary matters Providing testimony or information on behalf of or at the request of any party other than any county, city, other unit of government or any government official or its officers and employees, including, but not limited to, personnel and/or disciplinary matters Court Appearance and Subpoenas - 176 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 350 Brighton Police Department Policy Manual Police Reserve Officers 350.1 PURPOSE AND SCOPE The Brighton Police Department Reserve Unit was established to supplement and assist regular certified police officers in their duties. This unit provides volunteer professional and special function reserve officers who can augment regular staffing levels (CRS § 16-2.5-110). The Police Reserve Unit exists to provide operational support for the Department. The Police Reserve Unit will assist the Department with its policing responsibilities, including law enforcement functions, special events and emergency situations requiring additional police staffing. The Police Reserves serve at the discretion of the Chief if Police. The Police Reserves will adhere to all applicable Department policies and procedures. Additionally, the Police Reserve Unit will develop a Police Reserve Handbook that will contain guidelines specific to the Police Reserve Unit. 350.1.1 DEFINITIONS Police Reserve Unit Coordinator: A Department supervisor assigned by the Chief of Police to coordinate all Police Reserve activities Police Reserve Lieutenant: A Police Reserve Officer appointed by the Chief of Police to command the Police Reserve Unit Police Reserve Sergeants: Police Reserve Officers appointed by the Chief of Police to supervise the Police Reserve Unit Police Reserve Officer: A person appointed by the Chief of Police to serve as a Colorado P.O.S.T. certified Police Reserve Officer whose duties are specified in CRS 16-2.5-110 and by Department policy. 350.2 SELECTION AND APPOINTMENT OF POLICE RESERVE OFFICERS Reserve Officers are appointed by and serve at the discretion of the Chief of Police. The Brighton Police Department shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral and professional standards set forth by this Department. All applicants shall be required to meet and pass the same pre-employment procedures as certified police officers before appointment. Reserve Officers who hold certification by the Colorado Peace Officer Standards and Training (POST) Board are considered peace officers while engaged in the performance of their duties under CRS § 16-2.5-110(1)(b). 350.2.1 SELECTION PROCEDURES All applicants shall be required to meet and pass the same pre-employment procedures as certified police officers before appointment. Before appointment as a Reserve Officer, an applicant must have completed a state-approved basic academy, a reserve academy within the previous two years or otherwise be eligible for POST certification. Police Reserve Officers - 177 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Reserve Officers 350.2.2 APPOINTMENT Applicants who are selected for appointment as a Reserve Officer will be sworn in and take the Oath of Office as required for the position. Members of the reserve unit serve at the discretion of the Chief of Police. A Reserve Officer may not perform any law enforcement function without obtaining a POST Reserve Certificate or Peace Officer Certificate (CRS § 16-2.5-110(1)(b)). Reserve Officers may act only in a supplementary capacity to the regular force and shall be under the direct supervision of a fully certified peace officer (CRS § 16-2.5-110(1)(b)). 350.2.3 COMPENSATION FOR RESERVE OFFICERS A Reserve Officer shall serve without compensation but may be reimbursed at the discretion of the City for (CRS § 16-2.5-110(5)): Any authorized out-of-pocket expenses incurred in the course of their duties. Their time during a declared emergency or during a time of special need. Working at certain special events as directed by the Department. The City shall pay the cost of workers' compensation benefits for injuries incurred by a Reserve Officer while on-duty and while acting within the scope of their assigned duties. 350.2.4 EMPLOYEES WORKING AS RESERVE OFFICERS Qualified employees of this Department, when authorized, may also serve as Reserve Officers. However, the Department shall not utilize the services of a reserve in such a way that it would violate employment laws. Therefore, the Police Reserve Coordinator should consult with the Command Staff prior to a full time employee serving in a reserve capacity (29 CFR 553.30). 350.3 DUTIES OF POLICE RESERVE OFFICERS Reserve Officers assist regular officers in the enforcement of laws and in maintaining peace and order within the community. Assignments of Reserve Officers will usually be to augment the Police Operations Division. Reserve Officers may be assigned to other areas within the Department as needed. Reserve Officers are generally required to work a minimum number of hours per month according to the direction of the Police Reserve Command Staff and the Police Reserve Coordinator. 350.3.1 POLICY COMPLIANCE Reserve Officers shall be required to adhere to all Department policies and procedures. A copy of the policies and procedures will be made available to each Reserve Officer upon appointment and they shall become thoroughly familiar with these policies. Whenever a rule, regulation or guideline in the Policy Manual refers to a certified full-time officer, it shall also apply to a certified Reserve Officer, unless by its nature it is not applicable. 350.3.2 POLICE RESERVE OFFICER ASSIGNMENTS All Reserve Officers will be assigned to duties by the Police Reserve Command Staff, the Police Reserve Coordinator or the authorized designee. Police Reserve Officers - 178 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Reserve Officers 350.3.3 POLICE RESERVE COORDINATOR The Chief of Police will delegate the responsibility for administering the Reserve Officer Program to a Police Reserve Coordinator. The Police Reserve Coordinator shall have the responsibility of, but not be limited to: Assigning reserve personnel. Attending reserve meetings. Establishing and maintaining a reserve call-out roster. Maintaining and ensuring performance evaluations are completed. Monitoring individual reserve officer performance. Monitoring the overall Police Reserve Program. Maintaining liaison with other agency Reserve Coordinators as appropriate. 350.4 FIELD TRAINING All Reserve Officers shall complete the same department-specified field training program as regular officers as described in the Police Training Officer Policy and the Police Reserve Handbook. At the completion of field training, the primary training officer will meet with the Police Reserve Command Staff and the Police Reserve Coordinator. Based upon the Reserve Officer's evaluations, plus input from the primary training officer, the Police Reserve Command Staff and the Police Reserve Coordinator will decide if the Reserve Officer has satisfactorily completed their formal training. If the Reserve Officer has progressed satisfactorily, they will then graduate from the formal training process. If their progress is not satisfactory, the Police Reserve Command Staff and the Police Reserve Coordinator will decide upon the appropriate action to be taken. When a Reserve Officer has satisfactorily completed the Reserve Officer Police Training Program and 12 month probationary period, the Reserve Officer may apply for Solo Reserve Officer status with the Police Reserve Command Staff and the Police Reserve Coordinator. The Police Reserve Command Staff and the Police Reserve Coordinator may award Solo status at their discretion based upon their professional judgment and the needs of the Department. 350.5 SUPERVISION Reserve Officers perform some of the duties of a peace officer and shall be under the immediate supervision of a certified peace officer (CRS § 16-2.5-110(1)(b)). Additionally, the Police Reserve Unit will function under the command of: The Police Reserve Unit Coordinator The Police Reserve Lieutenant The Police Reserve Sergeant Police Reserve Lieutenant The Police Reserve Lieutenant is appointed at the discretion of the Chief of Police based upon the recommendations of the Police Reserve Unit Coordinator and the Command Staff. Police Reserve Officers - 179 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Reserve Officers Upon a vacancy for the position, applicants will submit a letter of interest to the Police Reserve Unit Coordinator. All candidates for this position must have at least five years of experience with the Police Reserve Unit. The Police Reserve Unit Coordinator and a member of the Command Staff will conduct a selection process and them make their selection recommendations to the Chief of Police. The Chief of Police will appoint a Police Reserve Lieutenant at his discretion based upon his professional judgment and the needs of the Department. Police Reserve Sergeant The Police Reserve Sergeant is appointed at the discretion of the Chief of Police based upon the recommendations of the Police Reserve Unit Coordinator, the Police Reserve Lieutenant and the Command Staff. Upon a vacancy for the position, applicants will submit a letter of interest to the Police Reserve Unit Coordinator. All candidates for this position must have at least one year of experience with the Police Reserve Unit. The Police Reserve Unit Coordinator, the Police Reserve Lieutenant and a member of the Command Staff will conduct a selection process and them make their selection recommendations to the Chief of Police. The Chief of Police will appoint as many Police Reserve Sergeants as needed at his discretion based upon his professional judgment and the needs of the Department. 350.5.1 POLICE RESERVE OFFICER MEETINGS All Police Reserve Unit meetings will be scheduled and conducted by the Police Reserve Command Staff and the Police Reserve Coordinator. All Reserve Officers are required to attend scheduled meetings. Any absences must be satisfactorily explained to the Police Reserve Command Staff and the Police Reserve Coordinator. 350.5.2 IDENTIFICATION OF POLICE RESERVE OFFICERS All Reserve Officers will be issued a uniform badge and a Department identification card. The uniform badge shall be the same as that worn by a regular full-time officer. The identification card will be the standard identification card with the exception that "Reserve" will be indicated on the card. 350.5.3 UNIFORMS Reserve Officers shall conform to all uniform regulation and appearance standards of this Department. 350.5.4 INVESTIGATIONS AND COMPLAINTS If a Reserve Officer has a complaint made against them or becomes involved in an internal investigation, that complaint or internal investigation may be investigated by the Police Reserve Coordinator, at the discretion of the Police Operations Captain in compliance with the Personnel Complaint Procedure Policy. Reserve Officers are considered at-will employees. Any disciplinary action that may have to be administered to a Reserve Officer shall be accomplished as outlined in the Policy Police Reserve Officers - 180 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Reserve Officers Manual with the exception that the right to hearing is limited to the opportunity to clear their name. 350.5.5 POLICE RESERVE OFFICER EVALUATIONS While in training, Reserve Officers will be evaluated using standardized observation reports as specified in the Police Reserve Handbook. The Reserve Officer will be considered a trainee until all of the training phases have been completed. Reserve Officers having completed their field training will be evaluated annually using performance dimensions applicable to the duties and authorities granted to that Reserve Officer. 350.6 FIREARMS REQUIREMENTS An appointment to the Police Reserve Unit must be approved by the Chief of Police before the person appointed may carry a weapon or otherwise act as a peace officer. Reserve Officers must comply with the same firearm requirements as full time officers. 350.6.1 CONCEALED WEAPONS FOR POLICE RESERVE OFFICERS No probationary Reserve Officer will carry a concealed weapon, other than to and from work at the Department, until they complete the required probationary period and remain in good standing with the Police Reserve Unit. If a Reserve Officer is assigned to a plainclothes detail for their assigned tour of duty, the Reserve Officer may be permitted to carry a weapon more suited to the assignment with the knowledge and approval of the supervisor in charge of the detail. When a reserve officer has satisfactorily completed required training and length of service requirements, they may request authorization to carry a concealed weapon. The decision to authorize carrying a concealed weapon will be made by the Chief of Police with input from the Police Reserve Coordinator, Police Reserve Command Staff and Police Department Command Staff. A reserve officer's dedication to the program and demonstrated maturity, among other factors, will also be considered before they are authorized to carry a concealed weapon. Once approved, the authority to carry a the concealed weapon will be valid only for as long as the Reserve Officer remains in good standing with the Brighton Police Reserve Officer Program. 350.6.2 POLICE RESERVE OFFICER FIREARM TRAINING AND QUALIFICATIONS All Reserve Officers are required to maintain proficiency with firearms used in the course of their assignments. Reserve Officers will comply with all areas of the firearms training section of the Policy Manual and shall be certified for firearms proficiency with the same frequency and subject to the same requirements as a regular certified officer (CRS § 16-2.5-110(2)). 350.7 EMERGENCY CALLOUT FOR POLICE RESERVE PERSONNEL The Police Reserve Command Staff and Police Reserve Coordinator will develop and implement a plan for an emergency callout procedure for Reserve Officers. Police Reserve Officers - 181 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 352 Brighton Police Department Policy Manual Mutual Aid and Outside Agency Assistance 352.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to officers in the request of or answering the request for assistance from another law enforcement agency. It is the policy of this Department to provide assistance whenever reasonably possible. Assistance shall be consistent with the applicable laws and policies of this Department when another law enforcement agency requests assistance with an arrest or detention of any person. This Department may also request an outside agency to provide assistance (CRS § 29-5-104). The Department may, at the discretion of the Chief of Police, establish an agreement for reciprocal law enforcement with another agency, including those having concurrent jurisdiction and agencies from neighboring states, provided those agreements meet statutory requirements pursuant to CRS § 29-1-206. An agreement may include: Assisting other peace officers in the line of their duties and within the course of their employment. Exchanging Department peace officers with peace officers of another agency on a temporary basis. Establishing which agency responds to calls for service by type of event. Communication linkages between the agencies to assure prompt and appropriate response. The provision of backup support between jurisdictions. Reporting responsibilities. Policies concerning jurisdiction of prosecutors and courts. An estimate of the amount of aid available from the provider agency. 352.2 ASSISTING OUTSIDE AGENCIES Generally, calls for assistance from other agencies are received via radio transmission or other official means and are routed to the Shift Sergeant's office or an on-duty supervisor for approval. Any such response to assist an outside agency should be considered for authorization pursuant to law or an established mutual aid plan (see CRS § 33.5-713). When an authorized employee of an outside agency requests the assistance of this department in taking a person into custody, available officers shall respond and assist in making a lawful arrest. If an officer receives a request in the field for assistance, that officer shall notify a supervisor. Arrestees may be temporarily detained by this Department until arrangements for transportation are made by the outside agency. Generally, such arrestees are not brought to the Department for processing. Officers assisting with outside agency arrests will obtain the following information and complete a Assist Other Agency report: Mutual Aid and Outside Agency Assistance - 182 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mutual Aid and Outside Agency Assistance 1. Name of the outside agency arresting officer 2. Name of the arrestee 3. Reason for the arrest 4. Disposition of the arrestee Only in exceptional circumstances will this department provide transportation of arrestees to another agency's facilities. When such assistance is rendered, a case number will be issued to report action taken by Brighton Police Department personnel. 352.3 REQUESTING ASSISTANCE FROM OUTSIDE AGENCIES If emergency or non-emergency assistance is needed from another agency, including federal agencies, the employee requesting assistance should first notify a supervisor of their intentions. The handling officer or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. The requesting officer should secure radio frequencies for use by all involved agencies so that communication can be coordinated as needed. If necessary, reasonable effort should be taken to provide radio equipment capable of communicating on the assigned frequency to any personnel who do not have compatible radios. A resource to consider for obtaining mutual aid assistance could include the Colorado State Emergency Resource Mobilization Plan (CSERMP) available from 352.4 HAZARDOUS MATERIAL EMERGENCIES MUTUAL AID The Incident Commander, in cooperation with other agencies, is charged with making an immediate appraisal of the situation and its potential. Responders should: Establish scene management. Detect the presence of hazardous materials. Begin identification of hazardous materials. Begin evacuation or direct in-place sheltering. Consider personal protection/decontamination. Isolate the incident and identify zones of activity. Contain the incident without risking exposure. Perform fire fighting, rescue, emergency medical and other critical life-saving response activities in accordance with the City Emergency Operations Plan. Contact the local Colorado state dispatch and request support if it occurs on any federal, state or county highway located outside of municipal city limits. Seek additional resources if the event exceeds, or is expected to exceed, the capability of local resources, including mutual aid and state or federal assistance. When requesting local, state or federal assistance, this Department should clarify if it is requesting assistance only or complete scene management Mutual Aid and Outside Agency Assistance - 183 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mutual Aid and Outside Agency Assistance 352.5 MANDATORY SHARING Equipment and supplies purchased with federal funds or grants with contingent sharing requirements should be documented and updated as necessary by the Professional Standards Unit. The conditions relative to sharing, the training requirements connected to the use of the supplies and equipment, and those trained in the use of the supplies and equipment should be included in the documentation. Copies of the list should be provided to ADCOM and the Patrol Sergeant to ensure proper use in compliance with agreements. Mutual Aid and Outside Agency Assistance - 184 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 356 Brighton Police Department Policy Manual Registered Sex Offender Information 356.1 PURPOSE AND SCOPE This policy establishes guidelines by which the Brighton Police Department will address issues associated with certain offenders who are residing in the jurisdiction and how the Department will disseminate information and respond to public inquiries for information about registered sex offenders. 356.2 POLICY It is the policy of the Brighton Police Department to identify and monitor registered offenders living within this jurisdiction and to take reasonable steps to address the risks those persons may pose. 356.3 REGISTRATION The Detective Section Supervisor shall establish a process to reasonably accommodate registration of certain offenders. The process should rebut any allegation on the part of the offender that the registration process was too confusing, burdensome or difficult for compliance. Employees assigned to register offenders should receive appropriate training regarding the registration process. Upon conclusion of the registration process, the employee shall ensure that the registration information is provided to the Colorado Bureau of Investigation (CRS § 16-22-109; CRS § 16-22-110; CRS § 16-13-903). The refusal of a registrant to provide any of the required information or complete the process should initiate a criminal investigation for failure to register. 356.3.1 CONTENTS OF REGISTRATION The registrant shall be required to complete the registration form provided by CBI. Registration by a person who lacks a fixed residence shall be accepted unless it includes a location that would violate state law or local ordinance. The registrant shall be advised of any such violation and allowed five days to secure an alternate location (CRS 16-22-108). 356.4 MONITORING OF REGISTERED OFFENDERS The Detective Section Supervisor should establish a system to periodically, and at least once annually, verify that a registrant remains in compliance with their registration requirements after the initial registration. This verification should include: Efforts to confirm residence using an unobtrusive method, such as an Internet search or drive-by of the declared residence. Review of information on the state website. Contact with a registrant's parole or probation officer. Any discrepancies should be reported to the Detective Section Supervisor. Registered Sex Offender Information - 185 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Registered Sex Offender Information The Detective Section Supervisor should also establish a procedure to routinely disseminate information regarding registered offenders to Brighton Police Department personnel, including timely updates regarding new or relocated registrants. 356.4.1 MANDATORY CONFIRMATION Following a registrant's first registration with the Department, the residence verification referenced above shall occur as soon as possible after the registration and annually thereafter. Residence confirmation shall occur quarterly if the registrant is a sexually violent predator (CRS § 16-22-109). 356.5 DISSEMINATION OF PUBLIC INFORMATION Employees will not unilaterally make a public notification advising the community of a particular registrant's presence in the community. Employees who identify a significant risk or other public safety issue associated with a registrant should advise their supervisor. The supervisor should evaluate the request and forward the information to the Chief of Police or the authorized designee if warranted. A determination will be made by the Chief of Police or the authorized designee, with the assistance of legal counsel as necessary, whether such a public alert should be made. Members of the public requesting information on registrants should be provided the Colorado Bureau of Investigation Convicted Sex Offender website or the Brighton Police Department's website. The Records Supervisor shall release local registered offender information to residents in accordance with state law (CRS § 16-22-112; CRS § 24-72-201 et seq.) and in compliance with a Colorado Open Records Act request. 356.5.1 RELEASE NOTIFICATIONS Sex registrant information that is released shall include the written statement: "The Colorado sex offender registry includes only those persons who have been required by law to register and who are in compliance with the sex offender registration laws. Persons should not rely solely on the sex offender registry as a safeguard against perpetrators of sexual assault in their communities. The crime for which a person is convicted may not accurately reflect the level of risk." (CRS § 16-22-112(5)). 356.5.2 MANDATORY DISSEMINATION The Department shall release local sex offender information to residents in accordance with Colorado law and the rules set forth by the Colorado Bureau of Investigation. Information released shall include, at a minimum, the name, address or addresses (CRS § 16-22-110; CRS § 16-22-112). Information concerning victims shall not be released. The Department will also make the mandated community notifications regarding sexually violent predators. These community notifications shall only occur under the circumstances and in the manner specified by the Colorado Department of Public Safety Sex Offender Management Board (CRS § 16-13-904; CRS § 16-13-905; CRS § 16-13-906). 356.5.3 DISCRETIONARY DISSEMINATION The Department may also assist in providing local sex offender information to any other person. The requesting person should be directed to submit an online request to the Colorado Bureau of Investigation (CRS § 16-22-112). Registered Sex Offender Information - 186 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Registered Sex Offender Information 356.5.4 INFORMATION AVAILABLE VIA THE INTERNET The Department may post the following registered offender information on its website only if the person is adjudicated or convicted of the offenses in CRS § 16-22-112: Offender information, including the offender's name or aliases, photograph, sex, height, weight, name, address and offenses committed, as allowed by law Educational information concerning protection from sex offenders that has been developed in conjunction with the Sex Offender Management Board and a sexual assault victims' advocacy group, or a link to educational information included on the Colorado Bureau of Investigation website A link to the national sex offender website A link to the Colorado sex offender website A link to other law enforcement agencies 356.6 NOTIFICATION PRIOR TO RELEASE OR DISCHARGE Notification of a registrant's release on parole will be made by the sentencing court, the probation department, community corrections, the county jail or the Department of Corrections (CRS § 16-22-106; CRS § 16-22-107). Prior to registrants being discharged from the Department of Corrections, this Department shall verify that (CRS § 16-22-107(4)(a)): The address provided by the person is a residence. The occupants or owners of the residence know of the person's history of unlawful sexual behavior. The occupants or owners of the residence have agreed to allow the person to reside at the address. If the registrant is being released on parole, the address complies with any conditions of the parole. If any of the information required for verification is not true, the Department shall notify the Department of Corrections that the person provided false information concerning the address at which he/she intends to reside (CRS § 16-22-107(4)(b)). 356.6.1 CONFIDENTIAL INFORMATION The forms completed by persons required to register pursuant to Colorado law shall be confidential and shall not be open to inspection by the public or any person other than law enforcement personnel except as provided by law (CRS § 16-22-109(4)). Registered Sex Offender Information - 187 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 358 Brighton Police Department Policy Manual Major Incident Notification 358.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of this Department in determining when, how and to whom notification of major incidents should be made. 358.2 POLICY The Brighton Police Department recognizes that certain incidents should be brought to the attention of supervisors or other specified personnel of this Department to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed. 358.3 MINIMUM CRITERIA FOR NOTIFICATION Most situations where the media show a strong interest are also of interest to the Chief of Police and the affected Captain. The following list of incident types is provided as a guide for notification and is not intended to be all-inclusive: Homicides Missing children or endangered missing adults Traffic collisions with fatalities or severe injuries Officer-involved shooting, whether on- or off-duty (See Officer Involved Shooting Policy for special notification) Significant injury or death to an employee, whether on- or off-duty Death of a prominent Brighton official Arrest of City/Department employee or prominent Brighton official Aircraft, train, boat or other transportation crashes with major damage and/or injury or death In-custody deaths Crimes of unusual violence or circumstances that may include hostages, barricaded persons, home invasions, armed robbery or sexual assaults CAD, radio, network, facility system or utility failures and incidents that may affect staffing or pose a threat to basic police services Any other incident, which has or is likely to attract significant media attention 358.4 SHIFT SERGEANT RESPONSIBILITIES The Shift Sergeant is responsible for making the appropriate notification. The Shift Sergeant shall make reasonable attempts to obtain as much information on the incident as possible before notification, and shall attempt to make the notification as soon as practicable. 358.4.1 STAFF NOTIFICATION In the event an incident occurs as identified in the Minimum Criteria for Notification above, the Chief of Police shall be notified along with the affected Captain and other staff members as appropriate. Major Incident Notification - 188 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Major Incident Notification 358.4.2 DETECTIVE SECTION NOTIFICATION If the incident requires that an officer or investigator respond from home, the immediate supervisor of the appropriate detail shall be contacted. 358.4.3 PUBLIC INFORMATION OFFICER After members of the staff have been notified, the Public Information Officer shall be called if it appears the media may have a significant interest in the incident. Major Incident Notification - 189 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 359 Brighton Police Department Policy Manual Firearm Injury Reporting 359.1 PURPOSE AND SCOPE Investigation of cases involving firearm injuries is important to the State of Colorado and the safety of the public. Some causes of firearm injuries may not be readily apparent and some cases differ substantially from what they appeared to be initially. The Department takes firearm injury investigations seriously and therefore employees must conduct thorough and complete investigations. 359.2 INVESTIGATION All bullet wounds, gunshot wounds, powder burns or any other injury arising from, or caused by, the discharge of any gun, pistol or any other firearm shall be thoroughly investigated by this Department upon receipt of any report made pursuant to CRS § 12-36-135 or that otherwise is reported to the Department. Employees investigating firearm injuries shall contact a supervisor as soon as reasonably possible to determine if further guidance or additional resources are necessary. All reports or investigations under this section shall be forwarded by the Records Section to the appropriate county or state agency as required. 359.3 HUNTING OR SPORT SHOOTING INJURIES If a firearm injury is determined to have been caused by an action connected with hunting or sport shooting, the Colorado Division of Wildlife requests notification on all hunting-related firearms injuries. The Colorado Division of Wildlife completes the International Hunter Education Association's Hunting and Hunting Related Incident Report for compiling nationwide hunting-related statistics and uses the information provided by local agencies for this purpose. The Colorado Division of Wildlife also uses this information from local agencies to determine whether to investigate or charge a violation of CRS § 33-6-122, criminal hunting in a careless manner. Firearm Injury Reporting - 190 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 360 Brighton Police Department Policy Manual Death Investigation 360.1 PURPOSE AND SCOPE The investigation of cases involving death include those ranging from natural causes to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appear to be initially. The importance of a thorough death investigation cannot be emphasized enough. Every death investigation is a homicide investigation until proven otherwise. Death investigations shall be conducted pursuant to established law and Department policy. 360.2 INVESTIGATION CONSIDERATIONS Death investigation cases require certain actions be taken. Emergency Medical Services shall be called in all suspected death cases, unless the death is obvious the person has been decapitated or the body is decomposed). Officers are not authorized to pronounce death. A supervisor and the on call detective shall be notified of all death investigations. 360.2.1 CORONER REQUEST The Coroner shall be called as soon as practicable after the scene is safe and secure in all deaths. Investigating officers shall investigate and work in cooperation with the Coroner involving any of the following circumstances (CRS § 30-10-606(1)): The death is, or may be, unnatural, as a result of external influences, injury or violence. 1. It is due to the influence of, or is the result of, intoxication by alcohol, drugs or poison. 2. It is the result of an accident, including an accident at the workplace. 3. It involves the unexpected or unexplained death of an infant or child. There is no physician in attendance, or when the physician is at the scene but is unable to certify the cause of death. The death occurs within 24 hours of admission to a hospital. The death is the result of a criminal abortion, including any situation where such abortion may have been self-induced. It is the result of a disease that may be hazardous or contagious, or may constitute a threat to the health of the public. The death results from the action of a peace officer, or while the person was in the custody of law enforcement officials or incarcerated in a public institution. The death was sudden, and happened to a person who was in apparent good health. The body is unidentifiable, decomposed, charred or skeletonized. The death occurs under circumstances that the Coroner determines may warrant further inquiry in order to determine the cause and manner of death, or that requires further law enforcement investigation. In cases involving any of the above mentioned circumstances, the body of the deceased shall not be removed from the place of death prior to the arrival of the Coroner. This restriction shall not apply if the Coroner grants permission for removal or removal is Death Investigation - 191 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Death Investigation necessary to identify the victim, protect property from damage, preserve evidence, or protect life, health or safety. When the Coroner arrives at the scene, law enforcement personnel shall make all reasonable accommodations to allow him/her to collect time-sensitive information. If a suicide note is found at the place of death, investigating officers or the Coroner shall take custody of the note based on a prior agreement. If there is no prior agreement, investigating officers have the authority to take custody of the suicide note and shall provide a copy to the Coroner. 360.2.2 SEARCHING DEAD BODIES The Coroner or an assistant and authorized investigators are generally the only persons permitted to move, handle or search a body. Should exigent circumstances indicate to an officer that any other search of a known dead body is warranted prior to the arrival of the Coroner, the investigating officer will first attempt to obtain verbal consent from the Coroner and document the action in a report. Whenever reasonably possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain nearby the scene and available to the officer pending the arrival of the Coroner. The name and address of this person shall be included in the narrative of the death report. Whenever personal effects are removed from the body of the deceased by the Coroner, a receipt shall be obtained. This receipt shall be attached to the death report. 360.2.3 DEATH NOTIFICATION When reasonably practical, and if not handled by the Coroner, notification to the next of kin of the deceased person shall be made, in person, by the officer and a victim advocate assigned to the incident. Generally, the officer makes the death notification to the next of kin. The victim advocate is present to help console the family. If the next of kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification. If the relatives live outside the involved County, the Coroner may be requested to make the notification. The Coroner needs to know if notification has been made. Assigned officers may need to talk to the next of kin. If a deceased person has been identified as a missing person, this Department will attempt to locate family members and inform them of the death and location of the deceased missing person's remains. All efforts to locate and notify family members shall be recorded in appropriate reports and properly retained. 360.2.4 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented on the appropriate form. 360.2.5 SUSPECTED HOMICIDE If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the officer shall take steps to protect the scene. The Detective Section shall be notified to determine the possible need for an investigator to respond to the scene for further immediate investigation. Every death investigation is a homicide investigation until proven otherwise. Death Investigation - 192 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Death Investigation The assigned investigator investigating a homicide or a death under suspicious circumstances may, with the approval of their supervisor, request the Coroner to conduct physical examinations and tests, and to provide a report. 360.2.6 EMPLOYMENT-RELATED DEATHS OR INJURIES Any member of this agency who responds to and determines that a death, serious illness or serious injury has occurred as a result of an accident at or in connection with the victim's employment may ensure that the regional Occupational Safety and Health Administration (OSHA) office is notified by telephone or teletype with all pertinent information. Death Investigation - 193 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 362 Brighton Police Department Policy Manual Identity Theft 362.1 PURPOSE AND SCOPE Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This policy is intended to provide guidelines for the reporting and investigation of such crimes. 362.2 REPORTING To maintain uniformity in reporting, officers shall initiate a report for victims residing within the jurisdiction of this department when the crime occurred. For incidents of identity theft occurring outside this jurisdiction, officers should observe the following: 1. For any victim not residing within this jurisdiction, the officer may either take a courtesy report to be forwarded to the victim's residence agency or the victim should be encouraged to report the identity theft to the law enforcement agency where he/she resides (CRS § 16-5-103(4)). While the crime of identity theft should be reported to the law enforcement agency where the victim resides, officers of this department should investigate and report crimes occurring within this jurisdiction that have resulted from the original identity theft the identity theft occurred elsewhere, but the fraud, usage of services or receipt of goods were acquired or occurred in this jurisdiction). Officers should include all known incidents of fraudulent activity credit card number applied for in victim's name when the victim has never made such an application). Officers should also cross-reference all known reports made by the victim U.S. Secret Service, credit reporting bureaus, U.S. Postal Service and Department of Motor Vehicles) with all known report numbers. The reporting officer should inform victims of identity theft that an Order of Factual Innocence is available to help those who are wrongly linked to crimes (CRS § 16-5-103(2)(b)). A court may order identifying information contained in criminal justice records to show that the information is not accurate and does not reflect the perpetrator's identity because of identity theft. Information can be obtained by contacting the Department of Revenue. Following supervisory review and Department processing, the initial report should be forwarded to the appropriate investigator for follow-up investigation, coordination with other agencies and prosecution as circumstances dictate. 362.3 PREVENTIVE MEASURES The victim should be advised to place a security freeze on their consumer report, as allowed by law. A victim may also access http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1206604920872 for further information. 362.4 INFORMATION The victim should be encouraged to contact the Federal Trade Commission (FTC), which is responsible for receiving and processing complaints under the Identity Theft and Assumption Deterrence Act. The victim can contact the FTC online at Identity Theft - 194 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Identity Theft http://www.ftc.gov/bcp/menus/consumer/data/idt.shtm or by telephone at 877-ID Theft ([PHONE REDACTED]). Additional information may be found at the U.S. Department of Justice website, http://www.usdoj.gov, or the FBI at http://denver.fbi.gov. Identity Theft - 195 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 364 Brighton Police Department Policy Manual Private Persons Arrests 364.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for handling private person's arrests and detentions made pursuant to CRS § 16-3-201, CRS § 16-3-202(2) and CRS § 16-19-115. 364.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS Officers should use sound discretion in determining whether to advise an individual of the arrest process. When advising any individual regarding the right to make a private person's arrest, officers should refrain from encouraging or dissuading any individual from making such an arrest and should instead limit advice to the legal requirements for such an arrest, as listed below. Private individuals should be discouraged from using force to effect a private person's arrest. Absent immediate threat to their own safety or the safety of others, private individuals should be encouraged to refer matters to law enforcement officials for further investigation or arrest. 364.3 ARRESTS BY PRIVATE PERSONS A private person may arrest another under the following circumstances (CRS § 16-3-201, CRS § 16-3-202(2) and CRS § 16-19-115): For any crime that has been or is being committed or attempted in his/her presence When directed by any peace officer to assist a peace officer When there is reasonable information that the accused has been charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year 1. The accused shall be taken before a judge without unnecessary delay and a complaint must be made against the accused under oath by the private person making the arrest. 364.4 OFFICER RESPONSIBILITIES Any officer presented with a private person who has made a private person's arrest must determine whether there is reasonable cause to believe that such an arrest would be lawful. Should any officer determine that there is no reasonable cause to believe that a private person's arrest is lawful, the officer should take no action to further detain or restrain the individual beyond that which reasonably appears necessary to investigate the matter, to determine the lawfulness of the arrest and protect the public safety. 1. Any officer who determines that a private person's arrest appears to be unlawful should release the arrested individual. The officer must include the basis of such a determination in a related report. 2. Absent reasonable cause to support a private person's arrest or other lawful grounds to support an independent arrest by the officer, the officer should advise the parties that no arrest will be made and that the circumstances will be documented in a related report. Private Persons Arrests - 196 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Private Persons Arrests Whenever an officer determines that there is reasonable cause to believe that a private person's arrest is lawful, the officer may exercise any of the following options: 1. Take the individual into physical custody for booking. 2. Release the individual upon a misdemeanor citation or pending formal charges. 364.5 REPORTING REQUIREMENTS In all circumstances in which a private person is claiming to have made an arrest, the individual must complete and sign a written statement detailing the facts and circumstances of the incident. If the person fails or refuses to do so, the arrested subject shall be released unless the officer has an independent reason to take the person into custody. In addition to the written statement (and any other related documents, such as citations and booking forms), officers shall complete a narrative report regarding the circumstances and disposition of the incident. Private Persons Arrests - 197 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 368 Brighton Police Department Policy Manual Limited English Proficiency Services 368.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 368.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - A person who has been screened and authorized by the Department to act as an interpreter and/or translator for others. Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning. Limited English proficient (LEP) - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These individuals may be competent in certain types of communication speaking or understanding) but still be LEP for other purposes reading or writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations. Qualified bilingual member - A member of the Brighton Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another. Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 368.2 POLICY It is the policy of the Brighton Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members. The Department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right. 368.3 LEP COORDINATOR The Chief of Police shall delegate certain responsibilities to an LEP Coordinator. The LEP Coordinator shall be appointed by, and directly responsible to, the Police Operations Captain or the authorized designee. The responsibilities of the LEP Coordinator include, but are not limited to: Coordinating and implementing all aspects of the Brighton Police Department's LEP services to LEP individuals. Limited English Proficiency Services - 198 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Limited English Proficiency Services Developing procedures that will enable members to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all members. Ensuring that a list of all qualified bilingual members and authorized interpreters is maintained and available to each Shift Sergeant and ADCOM Supervisor. The list should include information regarding the following: 1. Languages spoken 2. Contact information 3. Availability Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages. Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated. Annually assessing demographic data and other resources, including contracted language services utilization data and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. Identifying standards and assessments to be used by the Department to qualify individuals as qualified bilingual members or authorized interpreters. Periodically reviewing efforts of the Department in providing meaningful access to LEP individuals, and, as appropriate, developing reports, new procedures, or recommending modifications to this policy. Receiving and responding to complaints regarding department LEP services. Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 368.4 FOUR-FACTOR ANALYSIS Since there are many different languages that members could encounter, the Department will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are: The number or proportion of LEP individuals eligible to be served or likely to be encountered by department members, or who may benefit from programs or services within the jurisdiction of the Department or a particular geographic area. The frequency with which LEP individuals are likely to come in contact with department members, programs or services. The nature and importance of the contact, program, information or service provided. The cost of providing LEP assistance and the resources available. 368.5 TYPES OF LEP ASSISTANCE AVAILABLE Brighton Police Department members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter Limited English Proficiency Services - 199 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Limited English Proficiency Services as a condition for receiving assistance. The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services. The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept department-provided LEP services at no cost or they may choose to provide their own. Department-provided LEP services may include, but are not limited to, the assistance methods described in this policy. 368.6 WRITTEN FORMS AND GUIDELINES Vital documents or those that are frequently used should be translated into languages most likely to be encountered. The LEP Coordinator will arrange to make these translated documents available to members and other appropriate individuals, as necessary. 368.7 AUDIO RECORDINGS The Department may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served. 368.8 QUALIFIED BILINGUAL MEMBERS Bilingual members may be qualified to provide LEP services when they have demonstrated through established department procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Members utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit. Additionally, bilingual members must be able to communicate technical and law enforcement terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities. When a qualified bilingual member from this department is not available, personnel from other City departments, who have been identified by the Department as having the requisite skills and competence, may be requested. 368.9 AUTHORIZED INTERPRETERS Any person designated by the Department to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the department case or investigation involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a court proceeding. Authorized interpreter employees must pass a screening process established by the City of Brighton which demonstrates that their skills and abilities include: The competence and ability to communicate information accurately in both English and in the target language. Limited English Proficiency Services - 200 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Limited English Proficiency Services Knowledge, in both languages, of any specialized terms or concepts peculiar to this Department and of any particularized vocabulary or phraseology used by the LEP individual. The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. Knowledge of the ethical issues involved when acting as a language conduit. 368.9.1 SOURCES OF AUTHORIZED INTERPRETERS The Department may contract with authorized interpreters who are available over the telephone. Members may use these services with the approval of a supervisor and in compliance with established procedures. Other sources may include: • Qualified bilingual members of this department or personnel from other City departments. • Individuals employed exclusively to perform interpretation services. • Contracted in-person interpreters, such as state or federal court interpreters, among others. • Interpreters from other agencies who have been qualified as interpreters by this department, and with whom the Department has a resource-sharing or other arrangement that they will interpret according to department guidelines. 368.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE ASSISTANCE Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the Department to communicate with LEP individuals. Where qualified bilingual members or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. While family or friends of an LEP individual may offer to assist with communication or interpretation, members should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations. 368.10 CONTACT AND REPORTING While all law enforcement contacts, services and individual rights are important, this Department will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular law enforcement activity involved. Whenever any member of this Department is required to complete a report or other documentation, and interpretation services are provided to any involved LEP individual, such services should be noted in the related report. Members should document the type of Limited English Proficiency Services - 201 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Limited English Proficiency Services interpretation services utilized and whether the individual elected to use services provided by the Department or some other identified source. 368.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The Brighton Police Department will take reasonable steps and will work with the Department of Human Resources to develop in-house language capacity by hiring or appointing qualified members proficient in languages representative of the community being served. 368.11.1 EMERGENCY CALLS TO 9-1-1 Department members will make every reasonable effort to accommodate LEP individuals utilizing 9-1-1 lines. When a 9-1-1 call-taker receives a call and determines that the caller is an LEP individual, the call-taker shall quickly determine whether sufficient information can be obtained to initiate an appropriate emergency response. If language assistance is still needed, the language is known and a qualified bilingual member is available in ADCOM, the call shall immediately be handled by the qualified bilingual member. If a qualified bilingual member is not available or the call-taker is unable to identify the caller's language, the call-taker will contact the contracted telephone interpretation service and establish a three-way call between the call-taker, the LEP individual and the interpreter. Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the assignment, if available and appropriate. While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to accommodate LEP individuals seeking routine access to services and information by utilizing the resources listed in this policy. 368.12 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Members and/or supervisors must assess each situation to determine the need and availability of language assistance to all involved LEP individuals and utilize the methods outlined in this policy to provide such assistance. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to request consent to search if the officer is unable to effectively communicate with an LEP individual. If available, officers should obtain the assistance of a qualified bilingual member or an authorized interpreter before placing an LEP individual under arrest. 368.13 INVESTIGATIVE FIELD INTERVIEWS In any situation where an interview may reveal information that could be used as the basis for arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or lacks the skills to directly communicate with the LEP individual, an authorized interpreter should be used. This includes interviews conducted during an investigation with victims, Limited English Proficiency Services - 202 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Limited English Proficiency Services witnesses and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter name, address) should be documented so that the person can be subpoenaed for trial if necessary. If an authorized interpreter is needed, officers should consider calling for an authorized interpreter in the following order: • An authorized department member or allied agency interpreter • An authorized telephone interpreter • Any other authorized interpreter Any Miranda warnings shall be provided to suspects in their primary language by an authorized interpreter or, if the suspect is literate, by providing a translated Miranda warning card. The use of an LEP individual's bilingual friends, family members, children, neighbors or bystanders may be used only when a qualified bilingual member or authorized interpreter is unavailable and there is an immediate need to interview an LEP individual. 368.14 CUSTODIAL INTERROGATIONS Miscommunication during custodial interrogations may have a substantial impact on the evidence presented in a criminal prosecution. Only qualified bilingual members or, if none is available or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda warnings shall be provided to suspects in their primary language by the qualified bilingual member or an authorized interpreter. In order to ensure that translations during custodial interrogations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 368.15 BOOKING PROCESS When gathering information during the booking process, members should remain alert to the impediments that language barriers can create. In the interest of the arrestee's health and welfare, the safety and security of the facility, and to protect individual rights, it is important that accurate medical screening and booking information be obtained. Members should seek the assistance of a qualified bilingual member whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by an LEP individual. 368.16 COMPLAINTS The Department shall ensure that LEP individuals who wish to file a complaint regarding members of this department are able to do so. The Department may provide an authorized interpreter or translated forms, as appropriate. Complaints will be referred to the LEP Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Authorized interpreters used for any interview with an LEP individual during an investigation should not be members of this department. Limited English Proficiency Services - 203 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Limited English Proficiency Services Any notice required to be sent to an LEP individual as a complaining party pursuant to the Personnel Complaints Policy should be translated or otherwise communicated in a language-accessible manner. 368.17 COMMUNITY OUTREACH Community outreach programs and other such services offered by this department are important to the ultimate success of more traditional law enforcement duties. This department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services. 368.18 TRAINING To ensure that all members who may have contact with LEP individuals are properly trained, the Department will provide periodic training on this policy and related procedures, including how to access department-authorized telephonic and in-person interpreters and other available resources. The Professional Standards Unit shall be responsible for ensuring new members receive LEP training. Those who may have contact with LEP individuals should receive refresher training at least once every two years thereafter. The Professional Standards Unit shall maintain records of all LEP training provided, and will retain a copy in each member's training file in accordance with established records retention schedules. 368.18.1 TRAINING FOR AUTHORIZED INTERPRETERS All members on the authorized interpreter list must successfully complete prescribed interpreter training. To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. Members on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. This annual training should include language skills competency (including specialized terminology) and ethical considerations. The Professional Standards Unit shall be responsible for coordinating the annual refresher training and will maintain a record of all training the interpreters have received. Limited English Proficiency Services - 204 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 370 Brighton Police Department Policy Manual Hearing Impaired/Disabled Communications 370.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 370.1.1 DEFINITIONS Definitions related to this policy include: Auxiliary aids -These are used to communicate with people who are deaf, hard of hearing or have impaired speech. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; use of a notepad and pen or pencil to exchange written notes; use of a computer or typewriter; use of an assistive listening system or device to amplify sound; use of a teletypewriter (TTY), videophones (video relay service or VRS); or use of a qualified interpreter. Deaf or hard of hearing - An individual who has or is regarded as having substantially limited hearing with or without assistance. This includes a person who has a functional hearing loss of sufficient severity to prevent aural comprehension, even with the assistance of hearing aids (CRS § 13-90-202(6)). Qualified interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, transliterators, sign language interpreters and intermediary interpreters. Qualified interpreters should have a valid certification of competency accepted by the Commission for the Deaf and Hard of Hearing (CRS § 13-90-202(8)). 370.2 POLICY It is the policy of the Brighton Police Department to reasonably ensure that people with disabilities, including victims, witnesses, suspects and arrestees have equal access to law enforcement services, programs and activities. Members must make efforts to communicate effectively with individuals with disabilities. The Department will not discriminate against or deny any individual access to services, rights or programs based upon disabilities. 370.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR § 35.107). The ADA Coordinator shall be appointed by, and directly responsible, to the Police Operations Captain or the authorized designee. The responsibilities of the ADA Coordinator shall include, but not be limited to: Working with the City ADA coordinator regarding the Brighton Police Department's efforts to ensure equal access to services, programs and activities. Hearing Impaired/Disabled Communications - 205 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hearing Impaired/Disabled Communications Developing reports, new procedures, or recommending modifications to this policy. Acting as a liaison with local disability advocacy groups or other disability groups regarding access to department services, programs and activities. Ensuring that a list of qualified interpreter services is maintained and available to each Shift Sergeant and ADCOM Supervisor. The list should include information regarding the following: 1. Contact information 2. Availability Developing procedures that will enable members to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all members. Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are available free of charge to people with disabilities. Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 370.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this Department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to: Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding. The nature of the disability deafness or blindness vs. hard of hearing or low vision). The nature of the law enforcement contact emergency vs. non-emergency, custodial vs. consensual contact). The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used. 370.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Members should exercise special care in the use of all gestures, and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities. Hearing Impaired/Disabled Communications - 206 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hearing Impaired/Disabled Communications In a non-emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual's choice of auxiliary aid or service. The individual's preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160). Factors to consider when determining whether an alternative method is effective include: The methods of communication usually used by the individual. The nature, length and complexity of the communication involved. The context of the communication. In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services that reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference and give primary consideration to that preference. If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the custody of the Brighton Police Department, consideration should be given, safety permitting, to placing the handcuffs in the front of the body to facilitate communication using sign language or writing. 370.6 TYPES OF ASSISTANCE AVAILABLE Brighton Police Department members shall never refuse to assist an individual with disabilities who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving assistance. The Department will make every reasonable effort to provide equal access and timely assistance to individuals who are disabled through a variety of services. A person who is disabled may choose to accept department-provided auxiliary aids or services or they may choose to provide their own. Department-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy. 370.7 AUDIO RECORDINGS AND ENLARGED PRINT The Department may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, members may read aloud from the appropriate form, for example a personnel complaint form, or provide forms with enlarged print. 370.8 QUALIFIED INTERPRETERS A qualified interpreter may be needed in or complex transactions interviewing a victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the case or the investigation. Hearing Impaired/Disabled Communications - 207 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hearing Impaired/Disabled Communications A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a court proceeding. Qualified interpreters should be: Available within a reasonable amount of time but in no event longer than one hour if requested. Experienced in providing interpretation services related to law enforcement matters. Familiar with the use of VRS and/or video remote interpreting services. Certified in either American Sign Language (ASL) or Signed English (SE). Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. Knowledgeable of the ethical issues involved when providing interpreter services. Members should use department-approved procedures to request a qualified interpreter at the earliest reasonable opportunity, and generally not more than 15 minutes after a request for an interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160). 370.9 TTY AND TELECOMMUNICATION RELAY SERVICES In situations where an individual without a disability would have access to a telephone booking or attorney contacts), members must also provide those who are deaf, hard of hearing or have impaired speech the opportunity to place calls using an available TTY (also known as a telecommunications device for deaf people, or TDD). Members shall provide additional time, as needed, for effective communication due to the slower nature of TTY and TDD communications. The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service (28 CFR 35.162). Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller. 370.10 COMMUNITY VOLUNTEERS Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the Department to provide interpreter services. Where qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the individual with the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. 370.11 FAMILY AND FRIENDS While family or friends may offer to assist with interpretation, members should carefully consider the circumstances before relying on such individuals. The nature of the contact and relationship between the individual with the disability and the person offering services must be carefully considered victim/suspect). Hearing Impaired/Disabled Communications - 208 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hearing Impaired/Disabled Communications Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available. Adults may be relied upon when (28 CFR 35.160): There is an emergency or critical situation and there is no qualified interpreter reasonably available. The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 370.12 REPORTING REQUIREMENTS Whenever any member of this Department is required to complete a report or other documentation, and communication assistance has been provided, such services should be noted in the related report. Members should document the type of communication services utilized and whether the individual elected to use services provided by the Department or some other identified source. If the individual's express preference is not honored, the member must document why another method of communication was used. All written communications exchanged in a criminal case shall be attached to the report or placed into evidence. 370.13 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve individuals with disabilities. The scope and nature of these activities and contacts will inevitably vary. The Department recognizes that it would be virtually impossible to provide immediate access to complete communication services to every member of this department. Members and/or supervisors must assess each situation and consider the length, complexity and importance of the communication, as well as the individual's preferred method of communication, when determining the type of resources to use and whether a qualified interpreter is needed. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to verbally request consent to search if the officer is unable to effectively communicate with an individual who is deaf or hard of hearing and requires communications assistance. If available, officers should obtain the assistance of a qualified interpreter before placing an individual with a disability under arrest. Individuals who are arrested and are assisted by service animals should be permitted to make arrangements for the care of such animals prior to transport. 370.13.1 FIELD RESOURCES Examples of methods that may be sufficient for transactions, such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress, may, depending on the circumstances, include such simple things as: Hearing Impaired/Disabled Communications - 209 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hearing Impaired/Disabled Communications Hand gestures or visual aids with an individual who is deaf, hard of hearing or has impaired speech. Exchange of written notes or communications. Verbal communication with an individual who can speechread by facing the individual and speaking slowly and clearly. Use of computer, word processing, personal communication device or similar device to exchange texts or notes. Slowly and clearly speaking or reading simple terms to individuals who have a visual or mental impairment. Members should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances. 370.13.2 QUALIFIED INTERPRETER REQUIRED FOR VICTIMS AND WITNESSES An officer shall make arrangements to provide a qualified interpreter to assist in an interview or questioning of a victim or witness who is deaf or hard of hearing and uses sign language for effective communication (CRS § 13-90-204(1)(f)). 370.14 CUSTODIAL INTERROGATIONS In an effort to ensure that the rights of individuals who are deaf, hard of hearing or have speech impairment are protected during a custodial interrogation, this Department will provide interpreter services before beginning an interrogation, unless exigent circumstances exist or the individual has made a clear indication that he/she understands the process and desires to proceed without an interpreter. The use of a video remote interpreting service should be considered, where appropriate, if a live interpreter is not available. Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a qualified interpreter or by providing a written Miranda warning card. In order to ensure that communications during custodial investigations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 370.14.1 WAIVERS Any waiver to a qualified interpreter or auxiliary service shall be in writing. The person may have access to counsel for advice and shall have actual, full knowledge of the right to effective communication (CRS § 13-90-208). If there is no waiver, Miranda warnings shall be given by the interpreter prior to any attempt to interrogate or take a statement from the person (CRS § 13-90-204(1)(d)). 370.15 ARRESTS AND BOOKING If an individual with speech or hearing disabilities is arrested, the arresting officer shall use department-approved procedures to provide a qualified interpreter at the place of arrest or booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a different auxiliary aid or service or the officer reasonably determines another effective method of communication exists under the circumstances. When gathering information during the booking process, members should remain alert to the impediments that often exist when communicating with those who are deaf, hard Hearing Impaired/Disabled Communications - 210 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hearing Impaired/Disabled Communications of hearing, who have impaired speech or vision, are blind, or have other disabilities. In the interest of the arrestee's health and welfare, the safety and security of the facility and to protect individual rights, it is important that accurate medical screening and booking information be obtained. If necessary, members should seek the assistance of a qualified interpreter whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by the individual. Individuals who require and possess personally owned communication aids hearing aids, cochlear processors) should be permitted to retain them while in custody. 370.16 COMPLAINTS The Department shall ensure that individuals with disabilities who wish to file a complaint regarding members of this department are able to do so. The Department may provide a qualified interpreter or forms in enlarged print, as appropriate. Complaints will be referred to the Department ADA Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Qualified interpreters used during the investigation of a complaint should not be members of this Department. 370.17 COMMUNITY OUTREACH Community outreach programs and other such services offered by this Department are important to the ultimate success of more traditional law enforcement duties. This Department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services. 370.18 TRAINING To ensure that all members who may have contact with individuals who are disabled are properly trained, the Department will provide periodic training that should include: Awareness and understanding of this policy and related procedures, related forms and available resources. Procedures for accessing qualified interpreters and other available resources. Working with in-person and telephone interpreters and related equipment. The Professional Standards Unit shall be responsible for ensuring new members receive training related to interacting with individuals who have disabilities, including individuals who are deaf, hard of hearing, who have impaired speech or vision, or are blind. Those who may have contact with such individuals should receive refresher training at least once every two years thereafter. The Professional Standards Unit shall maintain records of all training provided, and will retain a copy in each member's training file in accordance with established records retention schedules. Hearing Impaired/Disabled Communications - 211 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 372 Brighton Police Department Policy Manual School Employee Arrest Reporting 372.1 PURPOSE AND SCOPE The purpose of this policy is to describe the procedures to follow when a public or private school employee, teacher or non-teacher, has been arrested under certain circumstances. 372.2 SCHOOL EMPLOYEE ARREST REPORTING In the event a school employee is arrested for any controlled substance offense, a felony involving mortal turpitude, child abuse or sexual abuse, the Chief of Police or the authorized designee should report the arrest as follows: Public school teacher - Notify the superintendent of the school district employing the teacher by telephone and give written notice of the arrest to the superintendent of schools in the county where the person is employed. Public school non-teacher employee - Notify the superintendent of the school district employing the non-teacher by telephone; may give written notice of the arrest to the governing board of the school district employing the person. Private school or licensed day-care teacher - Notify the private school or licensed day-care authority employing the teacher by telephone; may give written notice of the arrest to the private school authority employing the teacher. Private school or licensed day-care non-teacher employee - May notify the private school or licensed day-care authority employing the non-teacher by telephone; may give written notice of the arrest to the private school authority employing the person. School Employee Arrest Reporting - 212 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 373 Brighton Police Department Policy Manual Pupil Arrest Reporting 373.1 PURPOSE AND SCOPE The purpose of this policy is to describe the procedures to follow when a pupil is arrested on school grounds and during school hours. 373.2 PUPIL ARREST NOTIFICATIONS In the event a school pupil is arrested on school grounds and during school hours, the arresting officer shall include in the report the necessary information to ensure that the Patrol Sergeant notifies the chief administrative officer of the school or the appropriate designee of the arrest of a pupil. If the arrest involved alcohol or a controlled substance, the Patrol Sergeant will request that the school notify the school's chemical abuse pre-assessment team regarding the arrest, as allowed by law. 373.2.1 PUPIL ARREST AFTER NOTIFICATION Based upon the circumstances of the investigation, it may be appropriate to notify the school prior to the arrest. Prior notification and assistance from the school may reduce disruption to school operations and other students. 373.2.2 PUPIL ARREST BEFORE NOTIFICATION Based upon the circumstances of the investigation, it may be appropriate to arrest the pupil before notifying the school. This may be appropriate if the pupil is a flight risk, if prior notification will impede the investigation or if notification creates additional risks to students, faculty, the officer or the public. Proper notification to the school after the pupil's arrest should then be made when circumstances reasonably allow. 373.2.3 PARENTAL NOTIFICATION Upon arrest, it is the arresting officer's responsibility to ensure the parents of the arrested pupil are properly notified. Notification shall be made by the officer, regardless of subsequent notifications by the juvenile detention facility. Notifications should be documented and include the charges against the pupil and information as to where the pupil will be taken. Pupil Arrest Reporting - 213 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 374 Brighton Police Department Policy Manual Biological Samples 374.1 PURPOSE AND SCOPE This policy provides guidelines for the collection of biological samples from those individuals required to provide samples upon conviction or arrest for certain offenses. This policy does not apply to biological samples collected at a crime scene or taken from a person in conjunction with a criminal investigation. Nor does it apply to biological samples collected from those required to register, for example, as sex offenders. 374.2 POLICY The Brighton Police Department will assist in the expeditious collection of required biological samples from arrestees and offenders in accordance with the laws of this state and with as little reliance on force as practicable. 374.3 PERSONS SUBJECT TO DNA COLLECTION The following persons must submit a biological sample (CRS § 16-23-103; CRS § 16-11-102.4): Every adult arrested for a felony offense, as part of the booking process, or who is charged with a felony by an indictment, information or felony complaint In all other cases, upon the adult's first appearance in court following the filing of charges, when a court requires the adult to submit a sample to the investigating agency responsible for fingerprinting pursuant to CRS 16-21-104 Persons who have been convicted and are required to submit a sample under CRS § 16-11-102.4 374.4 PROCEDURES When an individual is required to provide a biological sample, a trained employee shall attempt to obtain the sample in accordance with this policy. 374.4.1 COLLECTION PROCEDURES The following steps should be taken to collect a sample: Verify that the individual is required to provide a sample pursuant to CRS § 16-23-103 or CRS § 16-11-102.4. Verify that a biological sample has not been previously collected from the offender by querying the person's criminal history. There is no need to obtain a biological sample if one has been previously obtained. Use the designated collection kit provided by the Colorado Bureau of Investigation (CBI) to perform the collection and take steps to avoid cross contamination. 374.5 USE OF FORCE TO OBTAIN SAMPLES If a person refuses to cooperate with the sample collection process, officers should attempt to identify the reason for refusal and seek voluntary compliance without resorting to using force. Force will not be used in the collection of samples except as authorized by court order and only with the approval of a supervisor. Methods to consider when seeking voluntary compliance include contacting: Biological Samples - 214 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Biological Samples The person's parole or probation officer when applicable. The prosecuting attorney to seek additional charges against the person for failure to comply or to otherwise bring the refusal before a judge. The judge at the person's next court appearance. The person's attorney. A chaplain. Another custody facility with additional resources, where an arrestee can be transferred to better facilitate sample collection. A supervisor who may be able to authorize custodial disciplinary actions to compel compliance, if available. The supervisor shall review and approve any plan to use force and be present to document the process. 374.5.1 VIDEO RECORDING A video recording should be made any time force is used to obtain a biological sample. The recording should document all staff participating in the process, in addition to the methods and all force used during the collection. The recording should be part of the investigation file, if any, or otherwise retained in accordance with the department's records retention schedule. 374.6 LEGAL MANDATES AND RELEVANT LAWS Colorado law provides for the following: 374.6.1 LITIGATION The Chief of Police or the authorized designee shall immediately notify the Colorado Attorney General's Office in the event this department is named in a lawsuit involving the DNA database. 374.6.2 FORWARDING BIOLOGICAL SAMPLES All biological samples and related materials shall be forwarded to CBI using CBI material, labels and instructions for prompt analysis (CRS § 16-23-103(6); CRS § 16-23-104). Biological Samples - 215 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 376 Brighton Police Department Policy Manual Police Chaplains 376.1 PURPOSE AND SCOPE The Brighton Police Department Chaplain Program is established for the purposes of providing spiritual and emotional support to all members of the Department, their families and members of the public. 376.2 POLICY It is the policy of this Department that the Chaplain Program shall be a nondenominational, ecumenical ministry provided by volunteer clergy without financial compensation. 376.3 POLICE CHAPLAIN PROGRAM GOALS Members of the Chaplain Program shall fulfill the program's purpose: By serving as a resource for Department personnel when dealing with the public in such incidents as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol abuse and other such situations that may arise. By providing an additional link between the community, other chaplain programs and the Department. By providing counseling, spiritual guidance and insight for Department personnel and their families. By being alert to the spiritual and emotional needs of Department personnel and their families. By familiarizing themselves with the role of law enforcement in the community. 376.4 CHAPLAIN REQUIREMENTS Candidates for the Chaplain Program shall meet the following requirements before formally being designated as a law enforcement chaplain: Must be above reproach, temperate, prudent, respectable, hospitable, able to teach, not be addicted to alcohol or other drugs, not contentious and free from excessive debt. Must manage their household, family and personal affairs well. Must have a good reputation with those outside the church. Must be ecclesiastically certified and/or endorsed, ordained, licensed or commissioned by a recognized religious body. Must successfully complete an appropriate level background investigation. Must have at least five years of successful ministry experience within a recognized faith community. Must be a member in good standing with the International Conference of Police Chaplains. Possess a valid driver's license. Police Chaplains - 216 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Chaplains 376.5 SELECTION PROCESS Chaplain candidates are encouraged to participate in the ride-along program before and during the selection process. Chaplain candidates shall successfully complete the following process prior to deployment as a chaplain: Submit the appropriate written application. Include a recommendation from their faith's community elders, board or council. Interview with the Chief of Police and chaplain supervisor. Successfully complete an appropriate level background investigation. Complete an appropriate probationary period as designated by the Chief of Police. 376.6 DUTIES AND RESPONSIBILITIES Chaplains are volunteer members of the Department, and except as otherwise specified within this policy, are required to comply with the Volunteer Program Policy and other applicable Department policies. The duties of a chaplain include, but are not limited to: Assisting in making notification to families of Department members who have been seriously injured or killed. After notification, responding to the hospital or home of the Department member. Visiting sick or injured law enforcement personnel in the hospital or at home. Attending and participating in, when requested, funerals of active or retired members of the Department. Assisting other personnel in the diffusion of a conflict or incident when requested by on-scene staff. Responding to natural and accidental deaths, suicides and attempted suicides, family disturbances and any other incident that in the judgment of the Patrol Sergeant or supervisor aids in accomplishing the mission of the Department. Being on call, and if possible on-duty, during major demonstrations or any public function that requires the presence of a large number of Department personnel. Counseling personnel with personal problems, when requested. Attending Department and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested. Responding to all major disasters, such as floods, bombings and similar critical incidents. Providing liaison with various religious leaders of the community. Assisting public safety personnel and the community in any other function of the clergy profession, as requested. Participating in in-service training classes. Being willing to train to enhance effectiveness. facilitating requests for representatives or leaders of various denominations. Making referrals in cases where specialized attention is needed or in cases that are beyond the chaplain's ability to assist. Chaplains may not proselytize or attempt to recruit members of the Department or the public into a religious affiliation while on-duty unless the receiving person has solicited spiritual guidance or teaching. If there is any question as to the receiving person's intent, chaplains Police Chaplains - 217 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Chaplains should verify that the person is desirous of spiritual counseling or guidance before engaging in such discussion. Chaplains may not accept gratuities for any services or any subsequent actions or follow-up that was provided while on-duty as a chaplain for the Brighton Police Department. 376.7 CLERGY-PENITENT CONFIDENTIALITY No person who provides chaplain services to members of the Department may work or volunteer for the Brighton Police Department in any capacity other than that of chaplain. Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits of the clergy-penitent privilege and shall inform department members when it appears reasonably likely that the department member is discussing matters that are not subject to the clergy-penitent privilege. In such cases, the department chaplain should consider referring the member to a non-department counseling resource. No chaplain shall provide counsel to or receive confidential communications from any Brighton Police Department employees concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 376.8 OPERATIONAL GUIDELINES Chaplains may be scheduled to be on call. Generally, each chaplain will serve with Brighton Police Department personnel a minimum of eight hours per month. Chaplains shall be permitted to ride with officers during any shift and observe Brighton Police Department operations, provided the Patrol Sergeant has been notified and has approved the activity. Chaplains shall not be evaluators of employees. In responding to incidents, a chaplain shall never function as an officer. When responding to in-progress calls for service, chaplains may be required to standby in a secure area until the situation has been deemed safe. Chaplains shall serve only within the jurisdiction of the Brighton Police Department unless otherwise authorized by the Chief of Police or the authorized designee. Each chaplain shall have access to current personnel rosters, addresses, telephone numbers, duty assignments and other information that may assist in their duties. Such information will be considered private; each chaplain will exercise appropriate security measures to prevent distribution of the data. 376.8.1 UNIFORMS AND BADGES A distinct uniform, identification and the necessary safety equipment will be provided for the chaplains. This uniform may be similar to that worn by the personnel of this Department. 376.9 TRAINING The Department will establish a minimum number of training hours and standards for Department Chaplains. The training may include stress management, death notifications, post-traumatic stress burnout for officers and chaplains, legal liability and confidentiality, ethics, responding to crisis situations, the law enforcement family, substance abuse, suicide, officer injury or death, and sensitivity and diversity, as approved by the Professional Standards Unit. Police Chaplains - 218 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 378 Brighton Police Department Policy Manual Public Safety Camera System 378.1 PURPOSE AND SCOPE The Department operates a for the purpose of creating a safer environment for all those who live, work and visit the City. This policy explains the purpose of the cameras and provides guidelines for their operation and for the storage of captured images. 378.2 POLICY Cameras may be placed in strategic locations throughout the City at the direction or with the approval of the Chief of Police. These cameras can be used for detecting and deterring crime, to safeguard against potential threats to the public, and to assist the Department in providing services to the community. 378.3 PROCEDURES The following procedures have been established for the effective operation of the Public Safety Camera System. 378.3.1 RECORDED IMAGES Images from each camera will be recorded on an automated basis. The cameras only record images and do not record sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around high-value or high-threat areas. In addition, the Public Safety Camera System may be useful for the following purposes: To assist in identifying, apprehending and prosecuting offenders To assist in gathering evidence for criminal and civil court actions To help emergency services personnel maintain public order To help improve the general environment on the public streets To assist in providing effective public services 378.3.2 TRAINING Personnel involved in video monitoring will be appropriately trained. 378.3.3 PROHIBITED ACTIVITY Monitoring will be conducted in a professional, ethical and legal manner. The public safety camera system will not be used to invade the privacy of individuals To look into private areas or areas where the reasonable expectation of privacy exists. All reasonable efforts will be taken to protect these rights. Monitoring shall not be used to harass, intimidate or discriminate against any individual or group. 378.4 MEDIA STORAGE All media will be stored in a secure area with access restricted to authorized persons. Public Safety Camera System - 219 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Public Safety Camera System Recordings not otherwise needed for official reasons shall be retained as required by the organization's records retention schedule. Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures. 378.5 REVIEW OR RELEASE OF IMAGES The review or the release of images shall be done only with the authorization of the Chief of Police or the authorized designee and only with a properly completed request. Images needed for a criminal investigation or other official reason shall be collected and booked in accordance with current Department evidence procedures. 378.5.1 PUBLIC AND OTHER AGENCY REQUESTS Recorded images are classified as public records (CRS § 24-72-202(6)(a) and CRS § 24-72-202(7)). Requests for recorded images from other government agencies or by the submission of a court order or subpoena shall be submitted to the Chief of Police to the City Attorney's office for further handling. Every reasonable effort should be made to preserve the data requested until the request has been fully processed by the City Attorney's office. Public Safety Camera System - 220 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 379 Brighton Police Department Policy Manual Summons Handling and Processing 379.1 PURPOSE AND SCOPE A summons is an official legal documents that are processed differently from other types of Department paperwork. The handling and processing of a police summons requires a high level of personal and Departmental accountability and professionalism. 379.1.1 POLICY Once a summons is served to a defendant it becomes an official legal document. Strict accountability applies for each and every served summons. Once a summons is served, it cannot be disposed of, changed, or altered. Under no circumstances will a served summons be returned or removed from the Records Section before it is transferred to the appropriate court. Lost or unaccounted for summons reflect poorly on the professionalism of the entire Department. 379.1.2 PROCEDURES FOR OFFICERS Officers who have served a summons will follow these procedures: Officers must turn the summons in by the end of watch on the day the summons was served. 1. Summons processing will not be delayed because an officer is on days off, attending training, on a special assignment, on vacation, etc. 2. No completed summons may be kept by an officer for any reason. Summons that cannot be processed because if illegibility or other reasons will be brought to the attention of the on-duty patrol supervisor or Lieutenant for their further action. Under no circumstances will a summons be returned or removed from Records for changes or corrections after it has been served to a defendant. Municipal Summons Corrections 1. Officers may correct or change the time, date, location or other information contained on a Municipal summons by submitting a Summons Correction Form with the summons. 2. The officer may use a photocopy of the summons for reference. County Summons Corrections 1. Officers can use a Summons Correction Form to correct anything on a County summons, except: Court date Court time Court location The name of the defendant Summons Handling and Processing - 221 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Summons Handling and Processing 1. A minor name correction can be done on a Summons Correction Form but not a name change Summons Correction Forms/Cancellation Requests must be approved by a Lieutenant or Captain before submission to Records or a Court Officers will not correct or change the violation charged or make and additions or changes on a served summons. The officer must re-serve the summons and request a cancellation of the original summons. A summons is a legal document and cannot be altered once it has been served. Officers shall not void the summons. A summons that have been filled out and signed by a complainant but not yet served will be turned in to Records with the accompanying offense report which has been approved by a supervisor. 1. This summons may be served by the officer at a later date since the defendant has not been served. A summons that have not been served but are rendered unusable will be immediately turned in to Records. Police Operations supervisors and Lieutenants will ensure that strict accountability is maintained on a daily basis for all summonses, offense reports, checked-out reports, warning notices, FI cards, and all other required reports. Supervisors will ensure that all officers strictly comply with this policy. 379.1.3 PROCEDURES FOR POLICE RECORDS Police Records personnel will comply with the following procedures: Once a summons has been served and turned in to Records, the summons will not leave the Records Section except to be routed to the appropriate court. 1. If a served Municipal Court summons needs to be corrected by an officer, Records will make a copy of the summons for the officer. All Summons Correction/Cancellation Requests for a Municipal summons must be approved by a Lieutenant of a Captain. A summons that contains errors in form but can otherwise be processed should be processed. 1. Forward a copy of the summons with the errors noted so that the officer's supervisor, the duty sergeant or a Lieutenant can take corrective action. The Police Records Section will account for all summonses that are transferred to the various courts by documenting when and how each summons left the Department for the Municipal Court or County Courts. 379.1.4 AUDITS The Records Section will conduct quarterly audits of every summons and submit a written report to the Chief of Police. The audit report will: Account for all summons books that have not been issued to an officer. Account for any summons that was lost, destroyed, damaged or missing. Summons Handling and Processing - 222 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Summons Handling and Processing Account for every summons that was transferred to a court 379.1.5 TRAINING All Department personnel will be appropriately trained and held strictly accountable for compliance with this policy. Summons Handling and Processing - 223 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 380 Brighton Police Department Policy Manual Child and Dependent Adult Safety Policy 380.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that children and dependent adults are not left without appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from providing care due to actions taken by members of this department. This policy does not address the actions to be taken during the course of a child abuse or dependent adult investigation. These are covered in the Child Abuse Policy and the Abuse of At-Risk Adults Policy. 380.2 POLICY It is the policy of this Department to mitigate, to the extent reasonably possible, the stressful experience individuals may have when a parent or caregiver is arrested. The Brighton Police Department will endeavor to create a strong cooperative relationship with local, state and community-based social services to ensure an effective, collaborative response that addresses the needs of those affected. 380.3 PROCEDURES DURING AN ARREST When encountering an arrest or prolonged detention situation, officers should make reasonable attempts to determine if the arrestee is responsible for children or dependent adults. In some cases this may be obvious, such as when children or dependent adults are present. However, officers should inquire if the arrestee has caregiver responsibilities for any children or dependent adults who are without appropriate supervision. The following steps should be taken: Inquire about and confirm the location of any children or dependent adults. Look for evidence of children and dependent adults. Officers should be mindful that some arrestees may conceal the fact that they have a dependent for fear the individual may be taken from them. Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to whether the person is responsible for a child or dependent adult. Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing children or dependent adults from the scene in advance of the arrest will generally ensure the best outcome for the individual. Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent or caregiver suggests this conversation would be non-productive, the officer at the scene should explain the reason for the arrest in age-appropriate language and offer reassurance to the child or dependent adult that he/she will receive appropriate care. 380.3.1 AFTER AN ARREST Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of the arrestee's disclosed or discovered children or dependent adults. Child and Dependent Adult Safety Policy - 224 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Child and Dependent Adult Safety Policy Officers should allow the arrestee reasonable time to arrange for care of children and dependent adults. Temporary placement with family or friends may be appropriate. However, any decision should give priority to a care solution that is in the best interest of the child or dependent adult. In such cases the following guidelines should be followed: Allow the person reasonable time to arrange for the care of children and dependent adults with a responsible party, as appropriate. 1. Unless there is evidence to the contrary signs of abuse, drug use, unsafe environment), officers should respect the parent or caregiver's judgment regarding arrangements for care. It is generally best if the child or dependent adult remains with relatives or family friends that he/she knows and trusts because familiarity with surroundings and consideration for comfort, emotional state and safety are important. 2. Except when a court order exists limiting contact, the officer should attempt to locate and place children or dependent adults with the non-arrested parent, guardian or caregiver. Provide for the immediate supervision of children or dependent adults until an appropriate caregiver arrives. Notify the Department of Human Services, if appropriate. Notify the field supervisor or Shift Sergeant of the disposition of children or dependent adults. If children or dependent adults are at school or another known location outside the household at the time of arrest, the arresting officer should attempt to contact the school or other known location and inform the principal or appropriate responsible adult of the caregiver's arrest and of the arrangements being made for the care of the arrestee's dependents. The result of such actions should be documented in the associated report. 380.3.2 DURING THE BOOKING PROCESS During the booking process, the arrestee should be allowed to make additional telephone calls to relatives or other responsible individuals as is reasonably necessary to arrange for the care of any child or dependent adult. These telephone calls should be given as soon as practicable and are in addition to any other telephone calls allowed by law. If an arrestee is unable to resolve the care of any child or dependent adult through this process, a supervisor should be contacted to determine the appropriate steps to arrange for care. These steps may include additional telephone calls or contacting a local, county or state services agency. 380.3.3 REPORTING REQUIREMENTS For all arrests where children are present or living in the household, the reporting member will document the following information: 1. Name 2. Sex 3. Age 4. How, where and with whom or which agency the child was placed For all arrests where dependent adults are present or living in the household, the reporting member will document the following information: Child and Dependent Adult Safety Policy - 225 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Child and Dependent Adult Safety Policy 1. Name 2. Sex 3. Age 4. Whether he/she reasonably appears able to care for him/herself 5. Disposition or placement information if he/she is unable to care for him/herself 380.3.4 SUPPORT AND COUNSELING REFERRAL If, in the judgment of the handling officers, the child or dependent adult would benefit from additional assistance, such as counseling services, contact with a victim advocate or a crisis telephone number, the appropriate referral information may be provided. 380.4 DEPENDENT WELFARE SERVICES Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child or dependent adult, the handling officer should consider contacting the appropriate welfare service or other department-approved social service to determine whether protective custody is appropriate. Only when other reasonable options are exhausted should a child or dependent adult be transported to the police facility, transported in a marked law enforcement vehicle or taken into formal protective custody. Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 380.5 TRAINING The Professional Standards Unit is responsible to ensure that all members of this Department who may be involved in arrests affecting children or dependent adults receive approved training on effective safety measures when a parent, guardian or caregiver is arrested. Child and Dependent Adult Safety Policy - 226 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 382 Brighton Police Department Policy Manual Service Animal Policy 382.1 PURPOSE AND SCOPE Service animals play an important role in helping to overcome the limitations often faced by people with disabilities. The Brighton Police Department recognizes this need and is committed to making reasonable modifications to its policies, practices and procedures in accordance with Title II of the Americans with Disabilities Act (ADA) to permit the use of service animals that are individually trained to assist a person with a disability. 382.2 SERVICE ANIMALS The ADA defines a service animal as any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the owner's disability (28 CFR 35.104). Service animals also include assistance dogs that are in the process of being trained and are accompanied by a trainer (CRS 24-34-803). 382.2.1 USE OF SERVICE ANIMALS Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness or collar. Service animals are not pets and may be trained by an individual or organization to assist people with disabilities. Service animals may be used in a number of ways to provide assistance, including: Guiding people who are blind or have low vision. Alerting people who are deaf or hard of hearing. Retrieving or picking up items, opening doors or flipping switches for people who have limited use of their hands, arms or legs. Pulling wheelchairs. Providing physical support and assisting with stability and balance. Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities or disabilities, such as reminding a person with depression to take medication. Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items, or follow daily routines. 382.3 STAFF RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the public is allowed. Department members are expected to treat individuals with service animals with the same courtesy and respect that the Brighton Police Department affords to all members of the public. If an animal exhibits vicious behavior, poses a direct threat to the health of others or unreasonably disrupts or interferes with normal business operations, an officer may direct Service Animal Policy - 227 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Service Animal Policy the owner to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the animal. Each incident must be considered individually. Past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this department are expected to provide all services as are reasonably available to an individual with the disability. If it is apparent or if an officer is aware the animal is a service animal, the owner should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the officer should ask the individual only the following questions: Is the animal required because of a disability? What task or service has the animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal, and no further question as to the animal's status should be asked. The person should not be questioned about his/her disabilities nor should the person be asked to provide any license, certification or identification card for the service animal. Service animals are not pets. Department members should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. When handling calls of a complaint regarding a service animal, members of this department should remain neutral and should be prepared to explain the ADA requirements concerning service animals to the concerned parties. Businesses are required to allow service animals to accompany their owner in all areas that other customers or members of the public are allowed. Absent a violation of law independent of the ADA, officers should take no enforcement action beyond keeping the peace. Individuals who believe they have been discriminated against as a result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice. Service Animal Policy - 228 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 384 Brighton Police Department Policy Manual Volunteer Program 384.1 PURPOSE AND SCOPE It is the policy of this Department to use qualified volunteers for specified tasks and duties in order to create efficiencies for the Department and improve services to the community. Volunteers are intended to supplement and support, rather than supplant, certified officers and support staff. Volunteers can be an important part of any organization and have proven to be a valuable asset to law enforcement agencies. Volunteers help to increase Department responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the Department and prompt new enthusiasm. 384.1.1 DEFINITIONS Definitions related to this policy include: Volunteer - An individual who performs a service for the Department without promise, expectation or receipt of compensation for services rendered. This may include unpaid chaplains, unpaid officers, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others. 384.1.2 VOLUNTEER ELIGIBILITY REQUIREMENTS Requirements for participation as an Brighton Police Department volunteer include: Residency in the vicinity of the City of Brighton. At least 18 years of age for all positions other than Explorer. At least 14 years of age for Explorer. A valid driver's license if the position requires vehicle operation. Liability insurance for any personally owned equipment, vehicles or horses utilized during volunteer work. No conviction of a felony, any crime of a sexual nature, any crime related to assault, any crime related to moral turpitude or any crime related to impersonating a law enforcement officer. No conviction of a misdemeanor crime within the past 10 years, excluding petty traffic offenses. No condition of mental illness or chemical dependency that may adversely affect the person's ability to serve in the position. Physical requirements reasonably appropriate to the assignment. A personal background history and character suitable for a person representing the Department, as validated by a background investigation. The Chief of Police may apply exceptions for eligibility based on organizational needs and the qualification of the individual. Volunteer Program - 229 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Volunteer Program 384.2 VOLUNTEER MANAGEMENT 384.2.1 VOLUNTEER COORDINATORS Volunteer functions may be dispersed throughout the Department. Each Department member assigned to supervise a Volunteer function will serve as a Volunteer Coordinator for that unit and will be responsible for the following: Recruiting, selecting and training qualified volunteers for various positions Maintaining records for each volunteer Tracking and evaluating the contribution of volunteers Maintaining the volunteer handbook and outlining expectations, policies and responsibilities for all volunteers Maintaining a record of volunteer schedules and work hours Completion and dissemination as appropriate of all necessary paperwork and information Planning periodic recognition events Administering discipline when warranted Maintaining liaison with other community volunteer programs and assisting in community-wide efforts to recognize and promote volunteering 384.2.2 RECRUITMENT Volunteers should be recruited on a continuous and ongoing basis in accordance with Department policy on equal opportunity nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in, and an ability to assist, the Department in serving the public. Requests for volunteers should be submitted in writing by interested staff to the appropriate Volunteer Coordinator through the chain of command. A complete position description and a requested time frame should be included in the request. All parties should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer Coordinator may withhold assignment of any volunteer until such time as the requesting unit is prepared to make effective use of volunteer resources. 384.2.3 SCREENING AND BACKGROUND CHECKS All prospective volunteers should complete the volunteer application form. The Volunteer Coordinator or the authorized designee should conduct a face-to-face interview with the applicant. A documented background investigation shall be completed on each volunteer applicant and shall include, but not necessarily be limited to, the following: Traffic and criminal background check Employment References A truth verification exam may be required of each applicant depending on the type of assignment. Volunteer Program - 230 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Volunteer Program A volunteer whose assignment requires the use of, access to or places them in the vicinity of criminal histories, investigative files or information portals shall require submission of prints and clearance through the Colorado Bureau of Investigation. 384.2.4 SELECTION AND PLACEMENT Service as a volunteer shall begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the Department, who will normally be the appropriate Volunteer Coordinator. No volunteer should begin performance of any position until they have been officially accepted for that position and completed all necessary screening and documentation. At the time of final acceptance, each volunteer should complete all necessary enrollment documentation and will receive a copy of the job description and agreement of service with the Department. All volunteers shall receive a copy of the volunteer policies and will be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and with the needs of the Department. Reserve Police Office Unit volunteers are generally assigned to augment regular staffing levels. 384.2.5 EMPLOYEES SERVING AS POLICE RESERVE OFFICERS Certified employees of this Department, when authorized, may also serve as Police Reserve Officers. However, the Department must not utilize the services of a reserve or volunteer in such a way that it would violate employment laws or labor agreements. Therefore, the Reserve Coordinator should consult the Command Staff prior to an employee serving in a reserve, auxiliary or volunteer capacity (29 CFR 553.30). 384.2.6 TRAINING Volunteers will be provided with an orientation program to acquaint them with the Department, personnel, policies and procedures that have a direct impact on their work assignment. Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete tasks required by the position and should receive periodic ongoing training as deemed appropriate by their supervisor or the Volunteer Coordinator. Depending on the assignment, training may include the following: Role of the volunteer. Department policies. Training specific to the procedure manual for the volunteer position. Discrimination and harassment training. CPR/first aid. CERT/Citizens Emergency Response Training. Search and rescue techniques. Scenario-based searching methods. Evidence preservation. Basic traffic direction and control. Volunteer Program - 231 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Volunteer Program Roadway incursion safety. Self-defense techniques. Vehicle operations, including specialized vehicles. Issuance of citations. Pursuant to Colorado Peace Officer Standards and Training (POST) rules and regulations, the Department may establish training, licensing and continuing education requirements for its Police Reserve Officers. Training should reinforce to volunteers that they should not intentionally represent themselves as, or by omission infer, that they are certified officers or other full-time members of the Department. They shall always represent themselves as volunteers. All volunteers shall comply with the rules of conduct and with all orders and directives, either oral or written, issued by the Department. Whenever a rule, regulation or guideline in this manual refers to a certified officer, it shall also apply to a volunteer, unless by its nature it is inapplicable. 384.2.7 FITNESS FOR DUTY No volunteer shall report to work or be on-duty when their judgment or physical condition has been impaired by alcohol, medication other substances, illness or injury. Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following: Driver's license Medical condition Arrests Criminal investigations All law enforcement contacts All volunteers shall adhere to the guidelines set forth by this Department regarding drug and alcohol use. 384.2.8 DRESS CODE As representatives of the Department, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties. Volunteers shall conform to approved dress consistent with their duty assignment. Uniforms authorized for volunteers should be readily distinguishable from those worn by certified officers. No volunteer shall wear their uniform or identifiable parts of that uniform while off-duty. Volunteers shall be required to return any issued uniform or Department property at the termination of service. 384.3 SUPERVISION OF VOLUNTEERS Each volunteer who is accepted to a position with the Department must have a clearly identified supervisor who is responsible for direct management of that volunteer. This Volunteer Program - 232 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Volunteer Program supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance. A volunteer may be assigned as, and act as, a supervisor of other volunteers, provided the supervising volunteer is under the direct supervision of a paid staff member. Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit where the volunteer is assigned. Following are some considerations to keep in mind while supervising volunteers: Take the time to introduce volunteers to employees on all levels. Ensure volunteers have work space and the necessary office supplies. Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources. 384.4 CONFIDENTIALITY With appropriate security clearance, volunteers may have access to private and confidential information, such as criminal histories or investigative files. Unless otherwise directed by a supervisor, the duties of the position or Department policy, all information shall be considered confidential. Only that information specifically identified and approved by authorized personnel shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by Department policy and supervisory personnel. Each volunteer will receive training in data practices and be required to sign a nondisclosure agreement before being given an assignment with the Department. Subsequent unauthorized disclosure of any private or confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal and possible criminal prosecution. Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the Department, or maintain that they represent the Department in such matters without permission from the proper Department personnel. 384.5 PROPERTY AND EQUIPMENT Volunteers will be issued an identification card that must be worn and visible at all times while on-duty. Any fixed and portable equipment issued by the Department shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the Department and shall be returned at the termination of service. 384.5.1 VEHICLE USE Volunteers assigned to duties such as vacation house checks or other assignments that require the use of a vehicle must first complete the following: A driving safety briefing Verification that the volunteer possesses a valid driver's license Verification that the City insurance is in effect if using a City vehicle Volunteer Program - 233 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Volunteer Program The appropriate Volunteer Coordinator should ensure that all volunteers receive safety briefing updates and license and insurance verification at least once a year as appropriate When operating a Department vehicle, volunteers shall obey all rules of the road, including seat belt requirements. Volunteers should not operate a marked patrol car unless there is a prominently placed sign indicating that it is out of service and is being operated for maintenance purposes only; that it is being operated during an approved skills course; that it is being used to transport equipment; that it is being used to provide supplementary assistance under the direction of an on-duty certified officer. Volunteers are not authorized to operate a Department vehicle for enforcement patrol operations or under emergency response mode. 384.5.2 RADIO AND MDT USAGE Volunteers assigned to use a radio or MDT shall successfully complete state and federal database access training and radio procedures training prior to using the law enforcement radio or MDT and shall comply with all related provisions. The Volunteer Coordinator should ensure that radio and database access training is provided for volunteers whenever necessary. 384.6 DISCIPLINARY PROCEDURES/TERMINATION A volunteer may be removed from the volunteer program at the discretion of the Chief of Police. Volunteers shall have no property interests in their continued appointment. However, if a volunteer is removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear their name through a liberty interest hearing. The hearing shall be limited to a single appearance before the Chief of Police or the authorized designee. Volunteers may resign from volunteer service with this Department at any time. It is requested that volunteers who intend to resign provide advance notice of their departure and a reason for their decision. 384.6.1 EXIT INTERVIEWS Exit interviews, where possible, should be conducted with volunteers who are leaving their positions. The interview should ascertain why the volunteer is leaving the position and solicit the volunteer's suggestions on improving the position. When appropriate, the interview should also include a discussion on the possibility of involvement in some other capacity with the Department. 384.7 EVALUATIONS An evaluation of the overall volunteer program will be conducted on an annual basis by a designated supervisor. Regular evaluations should be conducted with volunteers to ensure the best use of human resources, to ensure personnel problems can be identified and dealt with and fairly, and to ensure optimum job satisfaction on the part of volunteers. 384.8 EMERGENCY CALL-OUT FOR VOLUNTEER PERSONNEL Volunteer Coordinators shall develop a plan outlining an emergency call-out procedure for volunteer personnel. Volunteer Program - 234 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 386 Brighton Police Department Policy Manual Terrorism Liaison Officer 386.1 PURPOSE AND SCOPE The Terrorism Liaison Officer (TLO) works with the State of Colorado Information Analysis Center (CIAC). The TLO will be the primary point of contact for the CIAC and will serve as a point of contact for regional terrorism functions. 386.2 DEFINITIONS Colorado Information Analysis Center (CIAC): An information fusion center that receives and disseminates critical information to area law enforcement agencies. For Official Use Only (FOUO): Unclassified information of a sensitive nature that is not generally distributed to the public unless otherwise authorized. 386.3 TERRORISM LIAISON OFFICER FUNCTIONS The Terrorism Liaison Officer performs the following functions: Collect and report relevant field intelligence to the CIAC Assist with terrorism awareness training Disseminate pertinent information to Department staff and local officials 386.4 SELECTION AND TRAINING The Terrorism Liaison Officer reports to the Support Services Division Captain. The Support Services Division Captain selects an appropriate police officer, usually the Community Resource Officer, to perform this function. The Terrorism Liaison Officer will attend training required by the Colorado Information Analysis Center and other appropriate training in order to fulfill the essential functions of the assignment. Terrorism Liaison Officer - 235 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 388 Brighton Police Department Policy Manual Off Duty Law Enforcement Actions 388.1 PURPOSE AND SCOPE The decision to become involved in a law enforcement action when off-duty can place an officer as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for officers of the Brighton Police Department with respect to taking law enforcement action while off-duty. 388.2 POLICY Officers generally should not initiate law enforcement action while off-duty. Officers should not attempt to initiate enforcement action when witnessing minor crimes, such as suspected intoxicated drivers, reckless driving or minor property crimes. Such incidents should be reported to the appropriate law enforcement agency. When the safety of the public or the prevention of major property damage requires immediate action, officers should first consider reporting and monitoring the activity and only take direct action as a last resort. Officers are not expected to place themselves in unreasonable peril. However, any certified member of this Department who becomes aware of an incident or circumstance that they reasonably believes poses an imminent threat of serious bodily injury or death or significant property damage may take reasonable action to minimize the threat. 388.3 OFF DUTY FIREARMS Officers of this Department may carry firearms while off-duty in accordance with federal regulations, state law and Department policy. All firearms and ammunition must meet guidelines as described in the Firearms Policy. When carrying firearms while off-duty, officers shall also carry their Department-issued badge and identification. Officers should refrain from carrying firearms when the consumption of alcohol is likely or when the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drugs that would tend to adversely affect the officer's senses or judgment. The carrying of firearms is prohibited while under the influence of alcohol or a controlled substance (CRS § 18-12-106(d)). 388.4 DECISION TO INTERVENE There is no legal requirement for off-duty officers to take law enforcement action. However, should officers decide to intervene, they must evaluate whether the action is necessary or desirable and should take into consideration: The tactical disadvantage of being alone and that there may be multiple or hidden suspects. The inability to communicate with responding units. The lack of equipment, such as handcuffs, oleoresin capsicum (OC) spray or a baton. The lack of cover. The potential for increased risk to bystanders if the off-duty officer were to intervene. Off Duty Law Enforcement Actions - 236 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Off Duty Law Enforcement Actions Unfamiliarity with the surroundings. The potential for the off-duty officer to be misidentified by other peace officers or members of the public. Officers should consider waiting for on-duty uniformed officers to arrive and gather as much accurate intelligence as possible, instead of immediately intervening. 388.4.1 INTERVENTION PROCEDURES If involvement is reasonably necessary, the officer should attempt to call or have someone else call 9-1-1 to request immediate assistance. The operator should be informed that an off-duty officer is on-scene and should be provided a description of the officer if possible. Whenever practical upon the arrival of officers from a different agency, the officer should repeatedly identify themselves as an Brighton Police Officer until acknowledged. Official identification should also be displayed. 388.4.2 INCIDENTS OF PERSONAL INTEREST Officers should refrain from handling incidents of personal interest, family or neighbor disputes) and should remain neutral. In such circumstances, officers should call the responsible agency to handle the matter. 388.4.3 SUPPORT STAFF RESPONSIBILITIES Support staff personnel should not become involved in any law enforcement actions while off-duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. 388.4.4 OTHER CONSIDERATIONS When encountering a non-uniformed officer in public, uniformed officers should wait for acknowledgement by the non-uniformed officer in case they need to maintain an undercover capability. 388.5 SUPERVISOR APPROVAL AND REPORTING REQUIREMENTS Any officer, prior to taking any off-duty enforcement action, shall notify and receive approval of a supervisor (or other applicable law enforcement authority if acting outside the jurisdiction of the Brighton Police Department). If prior contact is not reasonably possible, an officer shall notify the applicable local law enforcement agency as soon as reasonably practicable. The Shift Sergeant shall determine whether a report should be filed by the employee. Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. Off Duty Law Enforcement Actions - 237 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 390 Brighton Police Department Policy Manual Illness and Injury Prevention Program 390.1 PURPOSE AND SCOPE The health and safety of the employees of the Brighton Police Department is important to executive and management staff, and is critical to the operation of this Department and the delivery of services to the community. The purpose of this policy is to establish an ongoing and effective Injury and Illness Prevention Program (IIPP) for the Brighton Police Department. This policy specifically applies to illnesses and injuries that result in lost time beyond the date of the incident or that require medical treatment beyond first aid. Though this policy provides the essential framework required for an IIPP, it may be supplemented by procedures outside the Policy Manual. The IIPP guidelines are to be followed and adopted by all personnel. Supervisory and management personnel are charged with ensuring these guidelines and directives are implemented. 390.2 PROGRAM ADMINISTRATION The Support Services Captain, acting as the IIPP administrator for this Department, has the authority and responsibility for implementing the provisions of this policy and the IIPP. Supervisors are responsible for implementing and maintaining the IIPP in their work areas and for answering questions from employees about the IIPP. 390.3 DUTIES AND RESPONSIBILITIES The Support Services Captain is responsible for ensuring that all safety and health policies and procedures are clearly communicated and understood by all employees. The Support Services Captain should take reasonable steps to ensure that all workers comply with safety rules and maintain a safe work environment, including, but not limited to: Informing workers of the provisions of the IIPP. Recognizing employees who perform safe work practices. Ensuring that the employee evaluation process includes the employee's safety performance. Ensuring the compliance of this Department with safety rules regarding: 1. Protection from bloodborne pathogens 2. Protection from airborne transmissible diseases 3. Prevention of heat-related illness 4. Respiratory protection Supervisors are responsible for training, counseling, instructing or making informal verbal admonishments anytime safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Disciplinary Policy in this manual. All employees should use safe work practices, follow all directives and policies and assist in maintaining a safe work environment. Illness and Injury Prevention Program - 238 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Illness and Injury Prevention Program 390.4 SAFETY INSPECTIONS Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and should utilize an applicable Hazard Assessment Checklist to ensure a thorough inspection. 390.4.1 SUPPORT SERVICES CAPTAIN INSPECTION DUTIES The Support Services Captain shall ensure that an applicable Identified Hazard and Correction Record Form is completed for each inspection. 390.4.2 POLICE OFFICER INSPECTION DUTIES Officers are charged with daily vehicle inspection of an assigned vehicle and of personal protective equipment prior to working in the field. Officers shall notify their supervisor if an unsafe condition cannot be immediately corrected. 390.4.3 SUPERVISOR NOTIFICATION DUTIES Supervisors should inform the Support Services Captain when the following occurs: New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment. New, previously unidentified hazards are recognized. Occupational injuries and illnesses occur. New and/or permanent or intermittent workers are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted. Whenever workplace conditions warrant an inspection. The Support Services Captain will take appropriate action to ensure the IIPP addresses potential hazards upon such notification. 390.5 REPORTING WORKPLACE INJURIES Employees must report all injuries that are a result of a workplace accident and any hazardous substance exposure to a supervisor. A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include: A visit to the accident scene as soon as possible. An interview of the injured worker and witnesses. An examination of the workplace for factors associated with the accident/exposure. Determination of the cause of the accident/exposure. Corrective action to prevent the accident/exposure from reoccurring. A record of the findings and corrective actions taken. 390.6 HAZARD CORRECTION All employees should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Employees should make their reports to a supervisor (as a general rule, their own supervisor). Illness and Injury Prevention Program - 239 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Illness and Injury Prevention Program Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner based on the severity of the hazards. Hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering employees or property, supervisors should protect or remove all exposed workers from the area or item, except those necessary to correct the existing condition. Employees who are necessary to correct the hazardous condition shall be provided with the necessary protection. All significant actions taken and dates they are completed shall be documented and forwarded to the Support Services Captain via the chain of command. 390.7 TRAINING AND INSTRUCTION The Professional Standards Unit will ensure all workers, including supervisors, are trained on general and job-specific workplace safety and health practices. Training shall be provided: To all new employees for those tasks that were not sufficiently covered by previous training from an academy or another training provider. To all workers given new job assignments for which training has not previously been provided. Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard. Whenever the Department is made aware of a new or previously unrecognized hazard. To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed. To all workers with respect to hazards that are specific to each employee's job assignment. The Department IIPP training shall include: An explanation of the IIPP, the emergency action plan and fire prevention plan; measures for reporting any unsafe conditions, work practices and injuries; and informing a supervisor when additional instruction is needed. The use of appropriate clothing, including gloves, footwear and personal protective equipment. Information about chemical hazards to which employees could be exposed. Information about chemical hazards to which employees could be exposed. The availability of toilet, hand-washing and drinking-water facilities. Provisions for medical services and first aid, including emergency procedures. Steps to prevent heat-related illness. 390.8 RECORD KEEPING The Professional Standards Unit will do the following to implement and maintain IIPP records: Illness and Injury Prevention Program - 240 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Illness and Injury Prevention Program Make available the Identified Hazard and Correction Record Form to document inspections, any unsafe condition or work practice, and actions taken to correct unsafe conditions and work practices. The Support Services Captain will also make available the Investigation/Corrective Action Report to document individual incidents or accidents. Develop a Worker Training and Instruction Form to document the safety and health training of each employee. This form will include the employee's name or other identifier, training dates, type of training and training providers. Retain inspection records and training documentation for a minimum of one year. 390.9 TRAINING TOPICS The Professional Standards Unit will ensure training is provided on the following topics: Driver safety Safe procedures for handling, cleaning and/or storing weapons Good housekeeping and fire prevention Back exercises/stretches and proper lifting techniques Lock-out/tag-out procedures Hazardous materials Building searches Slips and falls Ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods Personal protective equipment Respiratory equipment Hazardous chemical exposures Hazard communications Physical hazards, such as heat/cold stress, noise, and ionizing and non-ionizing radiation Bloodborne pathogens and other biological hazards Other job-specific hazards Illness and Injury Prevention Program - 241 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 391 Brighton Police Department Policy Manual Emergency Operations Center 391.1 PURPOSE AND SCOPE The City of Brighton has an Emergency Operations Center (EOC) located in the basement of the Police Department. The EOC is an all hazards, multi-use facility which can be set up to help manage critical incidents occurring in the community. 391.1.1 ACTIVATION The Emergency Operations Center (EOC) can be activated based upon the need to coordinate response to a local emergency, disaster or special event involving multiple jurisdictions and/or multiple responding agencies. The EOC can be activated by: The Emergency Management Coordinator The Chief of Police Police Department Command Staff The Fire Chief Fire District Command Staff The City Manager Other emergency response officials 391.1.2 OPERATIONS Once activated, the EOC can be staffed by the agencies affected by the event. Operation of the EOC will be coordinated by the Emergency Management Coordinator The EOC can be set up using any available staff members at the Department The EOC can be staffed by representatives from the affected departments and agencies Operational decisions will be made by Command Staff personnel from the involved agencies Regular briefings will be conducted for all EOC staff to provide specific updates and a general overview Information from the EOC will be utilized to provide incident specific data and recommendations to the public Public information can be disseminated through the Emergency Alert System and media briefings as appropriate EOC access is limited to agency officials. News media and the public will not be allowed in the EOC during an incident unless specifically authorized by the Emergency Management Coordinator. Law enforcement will maintain EOC security and access control Food will be provided for EOC operations as needed Provisions for rest and sleeping at the EOC are the responsibility of the individual. A quiet room will be provided. Communications within the EOC will be made through a combinations of conversations, written messages, emails and group briefings Emergency Operations Center - 242 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Emergency Operations Center Communications between non-EOC staff and responders outside the EOC will be made by two way radio and telephone 391.1.3 TRAINING The Emergency Management Coordinator will conduct periodic training and drills to ensure operational readiness for the EOC. Emergency Operations Center - 243 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 393 Brighton Police Department Policy Manual Emergency Alert System 393.1 PURPOSE AND SCOPE The City of Brighton Emergency Alert System uses the internet to send text message to help notify community members about emergencies or other critical events. Only community members who have subscribed for this free service through the City of Brighton website receive the alerts. Events that may need an Emergency Alert notification include, but are not limited to: Severe Weather and Storms Floods Tornados Fires Hazardous Material incidents Radiological incidents Civil Disturbances Public Health Hazards Evacuation Orders Criminal Activity Alerts Other critical events 393.1.1 PROCEDURES The Emergency Alert System may be activated at the direction of the Emergency Management Coordinator, any Department supervisor, any Command Staff member or the Chief of Police. A text message will be entered into the system and sent out to community subscribers as quickly as possible. When possible, an all clear message will be sent after the event had ended. 393.1.2 TRAINING Training is required to activate the Emergency Alert System. Training of key personnel will be provided at regular intervals. Emergency Alert System - 244 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 395 Brighton Police Department Policy Manual Line of Duty Death Notifications 395.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines regarding making line of duty death notifications and liaison assistance to the immediate survivors of Department personnel who died in the line of duty or are otherwise killed. 395.1.1 POLICY It is the duty and responsibility of the Department to provide notification and assistance to the next of kin of Department employees. While there is a natural hesitancy to deal with this subject; staff members are required to be familiar with the provisions of this policy so as to provide surviving family members with sufficient and useful information and meaningful support in a professional manner. This policy was developed in a manner consistent with the accepted crisis intervention techniques during this traumatic period of re-adjustment for the surviving family. 395.1.2 DEFINITIONS Next of Kin/Survivors: The closest relative of the deceased: spouse, parents, brothers and sisters, and children. Line of Duty Death: Any action, felonious of accidental, which claims the life of a Department employee who is performing work-related functions whether on or off duty. Beneficiary: Those designated by the employee as recipients of specific death benefits. Notification Officers: Department personnel who make the Line of Duty Death Notification Liaison Officers: Department personnel who know the family and serve as a liaison between the family and the Department 395.1.3 PROCEDURES The following procedures will be followed insofar as possible when making Line of Duty Death Notifications. 395.1.4 INFORMATION COLLECTION AND PREPARATION All death notifications will be made in person and never alone. The Chief of Police or a Command Staff member will act as the informant along with a designated support person such as a Captain, Lieutenant and a Victim Advocate. If the persons listed above are not available, notifications should not be held up until they become available. If the opportunity to get the surviving family to the hospital prior to the death of the employee presents itself, do not wait for the appropriate delegation to gather. The name of the deceased employee will never be released to the news media before the immediate survivors are notified. A Command Staff member will be designated to handle the news media throughout the traumatic ordeal. In the unlikely event the family should agree to an interview by the news media, the Command Staff member will attend and screen all questions prior to the interview so as to protect the family and not jeopardize any pending legal proceedings. Line of Duty Death Notifications - 245 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Line of Duty Death Notifications Prior to notifying the surviving family members, officers will gather and familiarize themselves with essential details concerning the deceased, including full name, age, race, and home address. The details of the death, location of the deceased, location of personal effects and other important information will also be reviewed. If there is a known medical condition with an immediate survivor, medical personnel will be staged nearby to provide assistance. If the immediate family members are out of town, a request shall be made for a personal death notification from a law enforcement agency in that area. Logistical arrangements should enable simultaneous telephone contact with the Department. Officers should request the assistance of the other agency's Victim Advocate or local Chaplain where feasible. Personal effects of the deceased shall not be delivered to survivors at the time of the death notification. 395.1.5 MAKING THE NOTIFICATION Upon arrival at the next of kin's location, Notification Officers should do the following: Check the accuracy of the location Request to speak with the immediate survivor Identify themselves by name, rank and Department affiliation Verify the relationship of the survivor to the deceased Ask permission to enter the residence or other location or move to a place of privacy Every effort shall be made to make the notification in the privacy of the survivor's home or in another location away from public scrutiny. Prior to the notification, Notification Officers should try to bring together the family members who may be in the house or otherwise on hand. Officers should use easy to understand language to explain the situation to the family. Officers should use the word "dead" to clarify the situation. Never say fatally wounded, passed away, went on, etc. Officers should avoid graphic aspects of the incident Officers should avoid the use of police jargon Officers should refer to the deceased by using their first name or terms reflecting the relationship of the deceased to the survivor (i.e. son, daughter) Officers should be prepared for unexpected responses from survivors to include hysteria and possible verbal or physical attack. Notification Officers should provide survivors with sufficient time to regain their composure before proceeding. Avoid attempts in the interim to provide comfort by using simple platitudes or phrases such as "I know how you feel" or "I know how hard this is for you" 395.1.6 PROVIDING ASSISTANCE AND REFERRAL Notification Officers should not leave upon the completion of the notification until reasonably assured that the survivor has adequate personal control and/or family or close friend support readily available to provide support. Line of Duty Death Notifications - 246 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Line of Duty Death Notifications In determining the need for assistance, Notification Officers should consider the following: The emotional reaction of the survivor The physical condition of the survivor Adult support within the home Child care within the home Home environment: (shortage of food or money, problems with shelter, evidence of excessive alcohol/drug use) Reliable transportation Notification Officers should not leave a lone survivor unattended until all reasonable efforts have been made to bring in adult support for the survivor. If the family wants to go to the hospital, they should be transported in a Department vehicle. It is highly recommended that the family not drive themselves to the hospital. Should there be serious resistance and the family insists on driving, have an officer accompany them in the car. Notification Officers should provide any additional information on the incident requested by survivors. While graphic details should not be necessary, officers should provide information if asked specifically concerning the cause of death, condition of the body or other details regarding the fatality. Officers should be aware of confusion on the part of survivors. Speak slowly and deliberately. Write down any pertinent information the survivors may need. This includes: Disposition of the body Location of the personal effects Identification requirements and procedures Notification Officers should assess and be aware of the physical and emotional well-being of the survivor before departing. Officers should be reasonably assured that survivors can take care of themselves and those for whom they are responsible. Questions which the officer ask themselves include: Does the survivor seem to be aware of your presence? Does the survivor have a grasp of time and place? Is the survivor able to express themselves? Does the survivor demonstrate some grasp of the reality of the death? Notification Officers should conduct a follow up with the survivors within 24 hours of the initial contact. 395.1.7 LIAISON OFFICER A police officer who knows the deceased employee will act as the Liaison Officer. The Liaison Officer will: Ensure that the needs of the family come become the wishes of the Department Meet with the family and tell them what their responsibilities will be during this time Line of Duty Death Notifications - 247 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Line of Duty Death Notifications Establish an immediate line of communication with the family, such as a 24 hour phone number Know all the information concerning the death and the investigation so that family questions can be answered Be constantly available to the family throughout this traumatic process See that the surviving parents are afforded recognition See that the family is brief on the funeral procedures Six to eight weeks following the death, a routine residence check should be conducted at the survivor's home If criminal violations are associated with the death, the Liaison Officer will: Inform the family of all new developments prior to a press release Keep the family informed about all legal proceedings Introduce the family to the Victim Assistance specialists of the Court Encourage the family to attend the trial and accompany them whenever possible Arrange for investigators to meet with the family at the earliest opportunity following the trial to answer all their questions The Liaison Officer should not become so emotionally involved with the loss that they become ineffective in the liaison assignment. The Liaison Officer is not a decision or policy making position but is a facilitator between the Department and the family. This position may be assigned to a Command Staff member because of the need to effectively coordinate resources throughout the Department. 395.1.8 BENEFITS INFORMATION AND ASSISTANCE An appointed officer will: Gather information regarding all benefits and funeral payments available to the family Ensure that the Department fulfills the responsibility to the survivors to coordinate all death benefits and payments Complete appropriate paperwork for all benefits and follow through to make sure the benefits are being received Visit with the surviving family, including children and other family members, to discuss the benefits they will receive Prepare a comprehensive list of benefits and payments along with contact names and numbers Continue to follow up with the family to ensure that the benefits are being received Line of Duty Death Notifications - 248 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 397 Brighton Police Department Policy Manual Juvenile Information Sharing 397.1 PURPOSE AND SCOPE The purpose of the Juvenile Information Sharing process is to help provide open communication among the appropriate agencies, including criminal justice agencies, school districts and schools in order to assist disruptive children and maintain safe schools in accordance with C.R.S. 19-1-302 This procedure is specifically applicable to the Department, Brighton Municipal Court, School District 27J, Brighton Charter Schools and other schools with the City of Brighton. 397.1.1 PROCEDURES Officer Actions for Juveniles Officers who issue a municipal criminal summons to juvenile offender or take them into custody will determine which school the juvenile attends. The name of the school attended will be listed in the employer field of the municipal criminal summons The name of the school attended will be listed in the employer field in the names module of the Department records system Gang contact cards completed on juveniles will have the name of the school attended listed in the narrative field on the contact card Records Section Actions for Municipal Juvenile Cases After a juvenile arrest report and incident report have been completed and approved, Records will submit ALL municipal criminal reports to the designated recipient of the 27J School District and/or the Brighton Charter School on a daily basis. This includes all offense reports involving a juvenile offender regardless if a summons has been issued Gang contact cards will also be copied and forwarded to the school designee Arrest and incident reports involving a juvenile offender without the school attended being listed will be rejected and returned to the officer and their supervisor for correction. Prior to sending the reports to the schools, Records will redact all Social Security numbers associated with the reports All reports sent to the schools will be labeled JUVENILE The names of all victims of a report involving a sexual assault will not be redacted. When such reports are forwarded, they will be labeled both Sexual Assault and Juvenile. Records will document in the dissemination mode of the incident report which entity the documents were sent to, what documents were sent, what information was redacted and which identifying labels were attached or stamped. Records will make a copy of a gang contact card that is to be sent and will attach a copy to the gang contact card's in house records entry. A notation will indicate which school the document was sent to. Juvenile Information Sharing - 249 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Juvenile Information Sharing Municipal Court Actions for Juvenile Cases After the juvenile defendant's appearance in Municipal Court, a copy of the defendant's charges will be sent to the designated recipient of the appropriate school. The information sent should include the Court's findings, disposition date, sentencing information, final disposition and fine amount, if any Juvenile Information Sharing - 250 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 399 Brighton Police Department Policy Manual Community Partnerships 399.1 PURPOSE AND SCOPE In order to effectively enhance the quality of police services and prevent crime and disorder within the community, the Department actively establishes partnerships within the service area including, but not limited to: Local businesses Service clubs and other community groups Schools Religious organizations Other governmental agencies 399.1.1 COMMUNITY PARTNERSHIP RESOURCES In order to assist in the sustainability of developing community wide partnerships and to successfully utilize problem solving initiatives to prevent crime and disorder, the following sections are responsible for such activities: Community Resource Officers School Resource Officers Senior Liaison Officer 399.1.2 PROBLEM ORIENTED POLICING AND COMMUNITY POLICING In order to more effectively address crime and disorder problems in the community, the Department will utilize problem oriented policing and community policing strategies and tactics to include, at a minimum: Reviewing the problem Identfying the problem Developing a response to address the problem And assessing the effectiveness of the reponse to the problem 399.1.3 TRAINING Department personnel will receive training in: Establishing and maintaining community partnerships Problem oriented policing Community Policing Community Partnerships - 251 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 4 - Police Operations ---PAGE BREAK--- Policy 400 Brighton Police Department Policy Manual Patrol Function 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the functions of the patrol unit of the Department to ensure intraorganizational cooperation and information sharing. 400.1.1 POLICE FUNCTION: PREVENTING CRIME AND DISORDER Officers will generally patrol in clearly marked vehicles. They will patrol assigned jurisdictional areas of Brighton, identify community needs, provide support and assistance to the community, respond to calls for assistance, act as a deterrent to crime, enforce state and local laws and respond to emergencies 24 hours a day seven days a week. Patrol will generally provide the following services within the limits of available resources: Patrol that is directed at the prevention of criminal acts, traffic violations and collisions, the maintenance of public order and the discovery of hazardous situations or conditions. Crime prevention activities, such as residential inspections, business inspections and community presentations. Calls for service, both routine and emergency. Investigation of both criminal and non-criminal acts. The apprehension of criminal offenders. Community Oriented Policing and problem-solving activities, such as citizen assists and individual citizen contacts of a positive nature. The sharing of information between the patrol and other divisions within the Department, as well as other government agencies. The application of resources to specific problems or situations within the community that may be improved or resolved by Community Oriented Policing and problem-solving strategies. Traffic direction and control. Response to disasters, civic unrest and natural emergencies. 400.1.2 TERRORISM The Office of Preparedness and Security (OPS) coordinates Colorado's response to terrorism (CRS § 24-33.5-1601(1)(g); CRS § 24-33.5-1606). It is the goal of the Brighton Police Department to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to be terrorism related and should document such incidents with a written report or Field Interview (FI). The supervisor should ensure that all terrorism-related reports and FIs are forwarded to the Terrorism Liaison Officer (TLO) in a timely fashion. The Terrorism Liaison Officer should forward the information as soon as practicable to the OPS Colorado Information Analysis Center. Patrol Function - 253 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Patrol Function 400.2 INFORMATION SHARING PROCEDURES The following guidelines are intended to develop and maintain intraorganizational cooperation and information flow between the various divisions of the Brighton Police Department. 400.2.1 CRIME ANALYSIS UNIT The Crime Analysis Unit will be the central unit for department-wide information exchange. Criminal information and reports can be submitted to the Crime Analysis Unit for distribution to all divisions within the Department through daily and special bulletins as needed. 400.2.2 CRIME REPORTS A crime report may be completed by any police officer who receives criminal information. The report will be processed and forwarded to the appropriate section for retention or follow-up investigation. 400.2.3 PATROL BRIEFINGS Patrol supervisors, Detective Sergeants and special unit Sergeants are encouraged to share information as much as reasonably possible. All supervisors and/or officers will be provided an opportunity to share information through daily patrol briefings, as time permits. 400.2.4 BULLETIN BOARDS A bulletin board will be kept in the briefing room and the Detective Section for display of suspect information, investigative reports and photographs. New General Orders will be made available for patrol supervisors and will be discussed at briefings and shift meetings. A copy of the General Order will be placed on the briefing room clipboard. 400.3 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including but not limited to civil demonstrations, civic, social and business events, public displays, parades, and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Officers should consider enforcement of applicable state and local laws when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. Patrol Function - 254 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 401 Brighton Police Department Policy Manual Patrol Shift Assignments 401.1 PURPOSE AND SCOPE The Brighton Police Department is a full service agency providing 24 hour a day/365 days a year police services to the community. In order to provide patrol officers and supervisors a variety of schedule opportunities, shift assignments are generally rotated three times a calendar year which is about every four months. By using shift rotations patrol officers and supervisors are afforded the opportunity for individual growth and well as improved job satisfaction and performance. When determining shift assignments, the Department must balance the needs of the individual and the needs of the Department while maintaining fundamental fairness for everyone. The needs of the Department include: 1. Insuring that all officers and supervisors maintain a degree of proficiency when dealing with the inherent conditions of all shifts 2. Insuring that all officers and supervisors maintain a working relationship with all other members of the Department 3. Insuring that all shifts are staffed with officers with a variety of experience The needs of the officers and supervisors include: 1. Having a choice of shifts to balance with the needs of their personal off duty situation 2. Recognition of seniority 3. Variety of working conditions and assignments 4. Personal preference 401.1.1 DEFINITIONS Watch/Shift: the time of day of the patrol schedule 1. Day Watch/Shift 2. Evening Watch/Shift 3. Night Watch/ Shift Seniority: the length of time someone has held a particular rank Shift Bid Process: Selecting an upcoming patrol shift to work Shift Bid Supervisor: a supervisor selected to conduct a shift bid 401.1.2 PROCEDURES A shift bid will generally be conducted by the assigned Shirt Bid Supervisor 30 to 60 days prior to a shift change Using an alternating shift bid cycle, the supervisors will bid before the officers for one shift bid cycle then for the next bid shift bid cycle the officers will bid first. 1. This bid cycle will alternate back and forth for each bid cycle Patrol Shift Assignments - 255 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Patrol Shift Assignments Officers and supervisors will be contacted for their shift bid, by order of seniority, until all watches/shifts openings are filled Probationary officers will be assigned to a watch/shift according to the need of the Department Officers and supervisors must bid for at least two different watches/shifts per calendar year. 1. Some officers and supervisors with low seniority may not have the opportunity to bid two different watches/shifts during the course of a calendar year The results of the watch/shift bids will be announced as soon as practical According to the needs of the Department, some officers and supervisors may be assigned a watch/shift. In order to allow officers and supervisors an opportunity to address the results of the watch/shift bid, the following process will be followed: 1. The watch/shift schedule is not official until seven days after it is announced 2. During that seven day period, non-probationary officers and any supervisor may agree with another member of the same rank to exchange shifts 3. Officers and supervisors are limited to one shift exchange per calendar year 4. Officers and supervisors participating in a shift exchange will notify the Shirt Bid Supervisor about the exchange as soon as practical 5. The watch/shift schedule will be official on the eighth day following the completed watch/shift bid unless extended by the Command Staff for cause Patrol Shift Assignments - 256 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 402 Brighton Police Department Policy Manual Racial/Bias-Based Profiling 402.1 PURPOSE AND SCOPE This policy provides guidance to department members and establishes appropriate controls to ensure that employees of the Brighton Police Department do not engage in racial- or bias-based profiling or violate any related laws while serving the community. 402.1.1 DEFINITIONS Definitions related to this policy include: Racial- or bias-based profiling - An inappropriate reliance on factors such as race, ethnicity, national origin, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group as a factor in deciding whether to take law enforcement action or to provide service. 402.2 POLICY The Brighton Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly and without discrimination toward any individual or group. Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law enforcement service or the enforcement of the law (CRS § 24-31-309). 402.3 RACIAL- OR BIAS-BASED PROFILING PROHIBITED Racial- or bias-based profiling is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering factors such as race or ethnicity in combination with other legitimate factors to establish reasonable suspicion or probable cause suspect description is limited to a specific race or group). 402.4 MEMBER RESPONSIBILITY Every member of this Department shall perform his/her duties in a fair and objective manner and is responsible for reporting any known instances of racial- or bias-based profiling to a supervisor. Officers shall provide, without being asked, a business card to any person who was detained in a traffic stop and was not cited or arrested. The business card shall include identifying information including, but not limited to, the officer's name, division, precinct and badge or other identification number and a telephone number that may be used, if necessary, to report any comments, either positive or negative, regarding the traffic stop (CRS § 24-31-309(4)(a)). 402.4.1 REASON FOR DETENTION Officers detaining a person shall be prepared to articulate sufficient reasonable suspicion to justify a detention, independent of the individual's membership in a protected class. Racial/Bias-Based Profiling - 257 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Racial/Bias-Based Profiling To the extent that written documentation would otherwise be completed arrest report, Field Interview (FI) card), the involved officer should include those facts giving rise to the officer's reasonable suspicion or probable cause for the detention, as applicable. Nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 402.4.2 REPORTING TRAFFIC STOPS Each time an officer makes a traffic stop, the officer shall report any information required by Department policy. 402.5 SUPERVISOR RESPONSIBILITY The Department will maintain educational pamphlets for public distribution at the front desk regarding the complaint process. This policy shall be made available to the public for inspection during business hours (CRS § 24-31-309(6)). The Brighton Police Department will investigate all complaints of alleged racial- or bias-based profiling against its members as any other complaint is investigated. The identity of the reporting person and the report shall initially be kept confidential to the extent permitted by law, unless further processing is required (CRS § 24-31-309(4)(a)). Supervisors shall monitor those individuals under their command for any behavior that may conflict with the purpose of this policy and shall handle any alleged or observed violation of this policy in accordance with the Personnel Complaints Policy. Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner. Supervisors should periodically review MAV recordings, MDT data and any other available resource used to document contact between officers and the public to ensure compliance with this policy. 1. Supervisors should document these periodic reviews. 2. Recordings that capture a potential instance of racial- or bias-based profiling should be appropriately retained for administrative investigation purposes. Supervisors shall initiate investigations of any actual or alleged violations of this policy. Supervisors should ensure that no retaliatory action is taken against any member of this Department who discloses information concerning racial- or bias-based profiling. 402.6 ANNUAL REVIEW OF COMPLAINTS The Department shall compile, on at least an annual basis, any information derived from complaints received due to the distribution of business cards, as provided in this policy that allege profiling. The information shall be made available to the public but shall not include the names of officers or the names of persons alleging profiling (CRS § 24 31 309(4)(c)). 402.7 ANNUAL REVIEW OF RACIAL/BIAS-BASED PROFILING Each year, the Police Operations Captain shall review the efforts of the Department to prevent racial- or bias-based profiling and submit an overview, including public concerns and complaints, to the Chief of Police. This report should not contain any identifying information regarding any specific complaint, citizen or officers. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service. Racial/Bias-Based Profiling - 258 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Racial/Bias-Based Profiling Supervisors shall review the information compiled from complaints, as provided in this policy and the annual report, and discuss the results with those they are assigned to supervise. 402.8 TRAINING Training on racial- or bias-based profiling and review of this policy should be conducted as directed by the Professional Standards Unit. All certified members will attend regular training on the subject of racial- or bias-based profiling (CRS § 24-31-309). All newly employed officers shall receive a copy of this policy and initial training on the subject of racial- or bias-based profiling. Racial/Bias-Based Profiling - 259 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 404 Brighton Police Department Policy Manual Roll Call 404.1 PURPOSE AND SCOPE Roll Call is generally conducted at the beginning of the officer's assigned shift. Roll Call provides an opportunity for important exchange between employees and supervisors. A supervisor generally will conduct roll call. However, officers may conduct roll call for training purposes with supervisor approval. Roll Call should accomplish, at a minimum, the following basic tasks: Briefing officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles and major investigations. Notifying officers of changes in schedules and assignments. Notifying officers of new General Orders or changes in General Orders. Reviewing recent incidents for training purposes. Providing training on a variety of subjects. 404.2 ROLL CALL TRAINING Roll Call and Roll Call Training is generally conducted at the beginning or conclusion of the officer's assigned shift, yet it may occur at another period. Roll Call and roll call training should incorporate short training segments on a variety of subjects and may include: Review and discussion of new or updated policies. Presentation and discussion of the proper application of existing policy to routine daily activities. Presentation and discussion of the proper application of existing policy to unusual activities. Reviewing recent incidents for training purposes. 404.3 PREPARING FOR ROLL CALL The supervisor conducting roll call and/or roll call training, or the officer if the supervisor is unable to participate in a group briefing or roll call training session, is responsible for collection and preparation of the materials necessary for a constructive briefing and/or roll call training. Supervisors may delegate this responsibility to a subordinate officer in their absence or for training purposes. 404.4 RETENTION OF ROLL CALL TRAINING RECORDS Roll Call Training materials and a curriculum or summary shall be forwarded to the Professional Standards Unit for inclusion in training records, as appropriate. Roll Call - 260 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 406 Brighton Police Department Policy Manual Crime and Disaster Scene Integrity 406.1 PURPOSE AND SCOPE The protection and integrity of a crime scene is of the utmost importance for the successful apprehension of criminals and successful prosecution. The integrity of a disaster scene is equally as critical for the protection of life and property and investigation by proper authorities. The basic goal of scene processing is to collect as mush evidence as possible in as pristine a condition as possible. The actions of the initial responding officer is the key to achieving this goal. Critical actions include: Establishing access routes in and out of the scene Managing access to the scene, and Ensuring the scene is isolated to prevent unnecessary contamination or destruction of evidence. 406.2 CRIME SCENE RESPONSIBILITIES The first officer at the scene of a crime or major incident is generally responsible for taking reasonable efforts to preserve the scene. Officers shall also consider officer safety and public safety, including reasonable efforts to render medical aid to any obviously injured parties. Once an officer has assumed or been assigned to maintain the integrity of the crime/disaster scene, the officer shall continue the assignment until relieved by a supervisor. 406.2.1 FIRST RESPONDER CONSIDERATIONS The following list generally describes the functions which the first responder should reasonably attempt to take at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation, the availability of resources, capacity of personnel and totality of each circumstance: Ensure no suspects are still in the area. Broadcast emergency information, including all requests for additional assistance and resources. Provide first aid to injured parties if it can be done safely. Evacuate the location as required. Identify hazards or dangerous conditions to responding personnel. Secure the inner and outer perimeter if needed. Protect items of apparent evidentiary value by addressing three specific crime scene integrity issues: 1. Addition 2. Destruction 3. Movement of materials within the scene Identify potential witnesses. Crime and Disaster Scene Integrity - 261 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Crime and Disaster Scene Integrity Start a chronological log noting critical times, personnel allowed access and their purpose at the scene. Prevent unauthorized access of personnel, the media or the public. This includes preventing access to other officers, supervisors, and Command Staff who have no specific crime scene responsibility and who may merely want to view the crime scene. 406.2.2 EXECUTION OF HEALTH ORDERS Any certified member of this department is authorized to execute and enforce all orders of the local health officer, which have been issued for the purpose of preventing the spread of any contagious, infectious or communicable disease. 406.3 SEARCHES AT CRIME OR DISASTER SCENES Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims and to determine if suspects are present and pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until proper authority for the search is obtained. 406.3.1 CONSENT Officers should obtain consent to search from authorized individuals where possible. However, in the case of serious crimes or major investigations it may be prudent to obtain a search warrant. Consent may be sought even in cases where a search warrant has been granted. 406.3.2 PERIMETERS Officers securing the scene and establishing an initial perimeter should condider the following: Primary Focus Points: Points that stand out but are only a part of the picture and do not encompass the entire crime scene. This can include a body, a kicked in door or a blood trail. Natural Entry and Exit Points: By linking focal points with natural entry and exit points, the officer will identify and include areas most likely to hold evidence. Secondary Scenes: May include staging areas, loading areas and fleeing areas that the suspect may have used before, during or following a crime. These secondary scenes must be identified by the initial responding officer before critical evidence is lost. Additionally, officers securing the scene should determine if a single barrier perimeter is sufficient for long-term scene integrity. If not, then a multi-layer perimeter containment plan should be enacted. Inner Scene Perimeter: Contains actual crime or disaster scene and entry log Outer Scene Perimeter: Contains working area, evidence holding area and staging point for personnel and equipment Additional Barriers: Can be added for supervisor or detective viewing area or media staging Crime and Disaster Scene Integrity - 262 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Crime and Disaster Scene Integrity Do not create more layers than are functionally necessary and no more than can be staffed effectively. Each perimeter layer must have a defined purpose. All personnel will be held accountable for maintaining and respecting perimeter and scene access controls. 406.4 DYING DECLARATIONS According to CRS 13-25-119 the Dying Declarations of a deceased person are admissible in evdience in all civil and criminal trials and other proceedings before courts, commissions, and other tribunals to the same extent and for the same purposes that they might have been admissable had the deceased survived and been sworn as a witness in the proceedings, under the following restrictions. To render the declarations of the deceased competent evidence, it must be satisfactorily proved: That at the time of the making of such declaration he was conscious of approaching death and believed there was no hope of revovery; The declaration was voluntarily made, and not through the persuasion of any person; That such declaration was not made in answer to interrogatories calculated to lead the deceased to make any particular statement; That he was of sound mind at the time of making the declaration. Accusations made by a critically injured person may qualify as a Dying Declaration. If a critical victim is transported to the hospital, a police officer should ride in the ambulance transporting the victim, if feasible. The officer should be in a position near the injured person in order to listen to any statements that may assist in the investigation. A seriously injured person regaining consciousness for even a brief period of time can often provide valuable information. The victim's statements may be written or oral, or may me conveyed by an act, sign or signal equivalent to an oral statement. Only those statements relating to the cause of death are admissable in evidence, but the officer should document everything that is said by the victim prior to their death. 406.5 EMERGENCY MEDICAL CONSIDERATIONS When emergency medical personnel are on scene officers should provide them with as much latitude as needed to deliver emergency medical services while at the same time protecting the scene. When emergency medical services are completed or terminated the scene should be secured and isolated. In cases involving unmistakable evidence of death, such as the presence of lividity, rigor mortis or decapitation, an officer may restrict scene access to emergency medical personnel. Crime and Disaster Scene Integrity - 263 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 410 Brighton Police Department Policy Manual Ride-Along Policy 410.1 PURPOSE AND SCOPE The ride-along program provides an opportunity for persons to experience the law enforcement function firsthand. This policy provides the requirements, approval process and hours of operation for the ride-along program. 410.1.1 ELIGIBILITY The Brighton Police Department ride-along program is offered to area residents, students and other interested persons. Any applicant may be disqualified without cause from participating in the program. The following factors may be considered in disqualifying an applicant and are not limited to: Being under 15 years of age. Prior criminal history. Pending criminal action. Pending lawsuit against the Department. Denial by any supervisor. 410.1.2 AVAILABILITY The ride-along program is available on most days of the week. The ride-along times are generally 7:00 am to 11:00 pm. Exceptions to this schedule may be made as approved by the Command Staff or Patrol Sergeant. Juveniles may not ride after 11:00 pm. 410.2 PROCEDURE TO REQUEST A RIDE-ALONG Generally, ride-along requests will be scheduled by the Operations Administrative Assistant. The participant will complete and sign a ride-along waiver form. Information requested will include a valid driver's license, address and telephone number. If the participant is under 18 years of age, a parent/guardian must complete the ridealong form. The Operations Administrative Assistant will schedule a date, based on availability, at least one week after the date of application. If approved, a copy of the ride-along waiver form will be forwarded to the respective Patrol Sergeant as soon as possible for his/her scheduling considerations. If the ride-along is denied after the request has been made, a representative of the Department will contact the applicant and advise them of the denial. 410.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: Explorers, qualified volunteers, Chaplains, Police Reserve Officers, and police applicants with approval of the Patrol Sergeant. An effort will be made to ensure that no more than one citizen will participate in a ride-along during any given time period. Normally, no more than one ride-along will be allowed in Ride-Along Policy - 264 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Ride-Along Policy the officer's vehicle at a given time. When practicable, ride-alongs who request multiple opportunities to participate in the ride-along program should be rotated among officers. . 410.2.2 SUITABLE ATTIRE AND OTHER REQUIREMENTS Any person approved to ride-along is required to be suitably dressed in a collared shirt, blouse or jacket, slacks and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. The Patrol Sergeant or field supervisor may refuse a ride-along to anyone not properly dressed. Persons on a ride-along shall turn off their cell phone and shall not record, videotape, or take a picture of any official activity without the express authorization of the shift supervisor. The rise-along shall not communicate with the news media or post any comments on a media web-site, twitter ot social media site concerning any incident ot action observed or experienced while participating as a ride-along without the express authroization of the shift supervisor. Persons on a ride-along shall not carry a firearm in the police building or during the ride-along regardless of whether or not they have a valid Concealed Weapon Permit. This prohibition does not apply to law enforcement officers authorized to carry a fireram. 410.2.3 PEACE OFFICER RIDE-ALONGS Off-duty members of any other law enforcement agency will not be permitted to ride-along with on-duty officers without the express consent of the Patrol Sergeant. In the event that such a ride-along is permitted, the rider shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. 410.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK All ride-along applicants are subject to a criminal history check. The criminal history check may include a local records check and a Colorado Crime Information Center (CCIS) and National Crime Information Center (NCIC) criminal history check prior to approval as a ride-along with an officer (provided that the ride-along is not an employee of the Brighton Police Department). 410.3 PROGRAM RESPONSIBILITIES The officer shall advise the dispatcher that a ride-along is present in the vehicle before going into service. Officers shall consider the safety of the ride-along at all times. Officers should use sound discretion when encountering a potentially dangerous situation, such as a high-speed pursuit. If practicable, the participant should be let out of the vehicle in a safe, well-lighted place. The dispatcher will be advised of the situation and as soon as practicable have another police unit respond to pick up the participant at that location. The ride-along may be continued or terminated at this time. Conduct by a person participating in a ride-along that results in termination of the ride or is otherwise inappropriate should be immediately reported to the Shift Sergeant. The Operations Administrative Assistant is responsible for maintaining and scheduling ride-alongs. Upon completion of the ride-along, a copy of the ride-along waiver form shall Ride-Along Policy - 265 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Ride-Along Policy be returned to the Operations Administrative Assistant with any comments that may be offered by the officer. 410.4 CONTROL OF RIDE-ALONG The assigned officer shall maintain control over the ride-along at all times and instruct them in the conditions that necessarily limit participation. These instructions should include the following: The ride-along will follow the directions of the officer. The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects or handling any police equipment. The ride-along may terminate the ride at any time and the officer may return the observer to their home, the place of the ride origin or to the station if the ride-along interferes with the performance of the officer's duties. Ride-alongs may be allowed to continue riding during the transportation and booking process, provided this does not jeopardize their safety. Officers will not allow any ride-alongs to be present in any residence or situation that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other person. Under no circumstance shall a civilian ride-along be permitted to enter a private residence with an officer without the express consent of the resident or other authorized person. Ride-Along Policy - 266 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 412 Brighton Police Department Policy Manual Hazardous Material Response 412.1 PURPOSE AND SCOPE Hazardous materials present a potential harm to employees and others as a result of their exposure. To comply with applicable law, the following represents the policy of this department. 412.1.1 DEFINITIONS Hazardous material - A substance which by its nature, containment and reactivity, has the capability of inflicting harm to people, other living organisms, property or the environment during exposure. Hazardous materials are characterized as being toxic, corrosive, flammable, explosive, oxidizing, pathogenic, allergenic, biohazardous, or radioactive and pose a threat to health when improperly managed. 412.2 RESPONDING TO HAZARDOUS MATERIALS Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic collision, chemical spill or fire. When employees come into contact with a suspected hazardous material, they should take certain steps to protect themselves and other persons. The Brighton Fire and Rescue District is the agency trained and equipped to properly respond and mitigate most hazardous materials and biohazards. Responders should not perform tasks or use equipment without proper training. A responder entering the area may require decontamination before they are allowed to depart the scene and should be evaluated by appropriate technicians and medical professionals for signs of exposure. The following steps should be considered at any scene involving suspected hazardous materials: Make the initial assessment of a potential hazardous material from a safe distance. Remain upwind, uphill and at a safe distance, maintaining awareness of weather and environmental conditions, until the material is identified and a process for handling has been determined. Wear personal protective gear, being cognizant that some hazardous material may quickly volatilize into a form which is readily inhaled. Attempt to identify the type of hazardous material from a safe distance using optical aids (binoculars/spotting scopes) if they are available. Identification can be determined by: 1. Placards and use of the Emergency Response Guidebook. 2. Driver's statements or shipping documents from the person transporting the material. 3. Information obtained from any involved person with knowledge regarding the hazardous material. Hazardous Material Response - 267 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hazardous Material Response Obtain information from any involved party who has knowledge regarding the hazardous material. Information should include: 1. The identity of the material. 2. How to secure and contain the material. 3. Any other information to protect the safety of those present, the community and the environment. Notify the appropriate Fire personnel. Provide weather conditions, wind direction, a suggested safe approach route and any other information pertinent to responder safety. Provide first aid to injured parties if it can be done safely and without contamination. Begin evacuation of the immediate and surrounding areas, dependent on the material. Voluntary evacuation should be considered. Depending on the material, mandatory evacuation may be necessary. Make reasonable efforts to secure the scene to prevent access from unauthorized personnel. Establish a decontamination area when needed. Contact the local Colorado State Patrol Dispatch to request assistance from the Colorado State Patrol Hazardous Materials Unit, if needed. If appropriate, activate reverse 9-1-1 calling to the affected area. 412.3 REPORTING EXPOSURE Department personnel who believe they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the employee in an employee memorandum, which shall be forwarded via chain of command to the Captain as soon as practicable. Should the affected employee be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the memorandum. Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on-duty injury or illness, in addition to a crime report or incident report. 412.3.1 SUPERVISOR RESPONSIBILITIES When a supervisor has been informed that an employee has been exposed to a hazardous material, they shall ensure that immediate medical treatment is obtained and appropriate action is taken to treat the exposure. To ensure the safety of employees, safety equipment is available through supervisory personnel. Safety items not maintained by the Department will be obtained through the Fire Department. Hazardous Material Response - 268 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 414 Brighton Police Department Policy Manual Hostage and Barricade Incidents 414.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage. The scope of this policy is not intended to address all variables that officers encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event. 414.1.1 DEFINITIONS Definitions related to this policy include: Barricade situation - An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon. Hostage situation - An incident where it is reasonable to believe a person is unlawfully held by a hostage-taker as security so that specified terms or conditions will be met. 414.2 POLICY It is the policy of the Brighton Police Department to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence. 414.3 COMMUNICATIONS When circumstances permit, initial responding officers should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Officers should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions and obtain the suspect's surrender. When available, department-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands and the available resources. 414.3.1 EMERGENCY COMMUNICATIONS Any department member supervising a hostage or barricade situation in this jurisdiction may order a security employee of a communications or Internet access provider to cut, reroute or divert telephone lines or a cellular or digital communications signal to prevent the suspect from communicating with any person other than a law enforcement officer (CRS § 18-9-312). Any department member supervising a hostage or barricade situation may also order a telecommunication provider to disclose location information of any hostage's or other named person's telecommunications device if the supervising member reasonably believes that the Hostage and Barricade Incidents - 269 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hostage and Barricade Incidents time required to obtain a court order would increase the risk of death or serious bodily injury to the hostage or any person with the named person (CRS § 18-9-312). The supervising member shall ensure that a court order is obtained within 48 hours of the initial request for the location information (CRS § 18-9-312). 414.4 FIRST RESPONDER CONSIDERATIONS First responding officers should and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation. The first responding officer should immediately request a supervisor's response as soon as it is determined that a hostage or barricade situation exists. The first responding officer shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer shall continually evaluate the situation, including the level of risk to officers, to the persons involved and to bystanders, and the resources currently available. The handling officer should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas. 414.4.1 BARRICADE SITUATION Unless circumstances require otherwise, officers handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. In the interim, the following options, while not all-inclusive or in any particular order, should be considered: Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. Request additional personnel, resources and equipment as needed canine team, air support). Provide responding emergency personnel with a safe arrival route to the location. Evacuate non-injured persons in the immediate threat area if it is reasonably safe to do so. Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries. Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access. Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. If necessary and available, establish a tactical or exclusive radio frequency for the incident. Hostage and Barricade Incidents - 270 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hostage and Barricade Incidents Establish a command post. 414.4.2 HOSTAGE SITUATION Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that officers react quickly to developing or changing threats. The following options, while not all-inclusive or in any particular order, should be considered: Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy). Assist hostages or potential hostages to escape if it is reasonably safe to do so. Hostages should be kept separated if practicable pending further interview. Request additional personnel, resources and equipment as needed canine team, air support). Provide responding emergency personnel with a safe arrival route to the location. Evacuate non-injured persons in the immediate threat area if it is reasonably safe to do so. Coordinate pursuit or surveillance vehicles and control of travel routes. Attempt or obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information. Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access. Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. If necessary and available, establish a tactical or exclusive radio frequency for the incident. 414.5 SUPERVISOR RESPONSIBILITIES Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a Mobile Field Force response if appropriate and apprising the Mobile Field Force Commander of the circumstances. In addition, the following options, listed here in no particular order, should be considered: Ensure injured persons are evacuated and treated by medical personnel. Ensure the completion of necessary first responder responsibilities or assignments. Hostage and Barricade Incidents - 271 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Hostage and Barricade Incidents Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate. Establish a command post location as resources and circumstances permit. Designate assistants who can help with intelligence information and documentation of the incident. If it is practicable to do so, arrange for video documentation of the operation. Consider contacting utility and communication providers when restricting such services restricting electric power, gas, telephone service). Ensure adequate law enforcement coverage for the remainder of the City during the incident. The supervisor should direct nonessential personnel away from the scene unless they have been summoned by the supervisor or ADCOM. Identify a media staging area outside the outer perimeter and have the department Public Information Officer or a designated temporary media representative provide media access in accordance with the News Media Relations Policy. Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration. Debrief personnel and review documentation as appropriate. 414.6 CRISIS RESPONSE UNIT RESPONSIBILITIES It will be the Incident Commander's decision, with input from the Mobile Field Force Commander, whether to deploy the Mobile Field Force during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the Mobile Field Force Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and evacuation, media access and support for the Mobile Field Force. The Incident Commander and the Mobile Field Force Commander or the authorized designee shall maintain communications at all times. 414.6.1 REPORTING REQUIREMENTS Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the scene is responsible for completion and/or coordination of incident reports. Hostage and Barricade Incidents - 272 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 416 Brighton Police Department Policy Manual Response to Bomb Calls 416.1 PURPOSE AND SCOPE These guidelines have been prepared to assist officers in their initial response to incidents involving explosives, explosive devices, suspected explosive devices, suspicious packages or explosion/bombing incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety shall always be the primary consideration. 416.2 FOUND EXPLOSIVES/SUSPECT DEVICES When an officer responds to a call of a suspected explosive device, the following guidelines shall be followed: The device should not be touched or transported to any other location. No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance. A perimeter should be secured for a minimum of 300 feet around the location, or an otherwise safe distance depending on the surrounding physical environment and allowing for an entrance for support personnel. As much initial information as possible should be relayed to the Shift Sergeant without touching the device, including: 1. The stated threat. 2. Exact comments. 3. Time of discovery. 4. Exact location of the device. 5. Full description size, shape, markings, construction). Officers should not transmit on any equipment that produces radio frequency energy within 300 feet. Consideration should be given to the possibility of evacuation if a device is located within a building. An additional perimeter should be secured around any suspected device. Officers should consider the ingress/egress of additional support personnel, such as paramedics and fire department personnel. A search of the area should be conducted for secondary devices or other objects that are either hazardous or foreign to the area. Explosive or military ordnance of any type should be handled only by bomb squad technicians. When in doubt, call for assistance from the bomb squad. 416.3 EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multiple considerations that may confront an officer. As in other catastrophic incidents, a rapid response will help to minimize such things Response to Bomb Calls - 273 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Response to Bomb Calls as further injury to victims, contamination of the scene by gathering crowds, additional damage from resulting fires or unstable structures. Whether the explosion was the result of an accident or a criminal act, the following concerns may confront the officer: • Injury to victims • Existence of additional or secondary devices • First aid • Evacuation of victims 416.3.1 NOTIFICATIONS When an explosion has occurred, the following people shall be notified as soon as practicable if their assistance is needed: Brighton Fire Rescue District Bomb squad Additional officers Field supervisor Patrol Sergeant Investigators Forensic science services Colorado Bureau of Investigation (CBI) Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) 416.3.2 SCENE ACCESS RESTRICTIONS Scene access should be restricted to those with a legitimate public safety purpose. 416.3.3 CRIME SCENE MANAGEMENT As in any other crime scene, steps should immediately be taken to preserve the scene. The scene could extend over a wide area. Evidence may be imbedded in nearby structures or hanging in trees and bushes. 416.4 BOMB THREATS AT POLICE FACILITY This procedure shall be followed should a bomb threat be received at a police facility and a search initiated for a destructive device. 416.4.1 BOMB THREATS RECEIVED BY TELEPHONE The following questions shall be asked if a call of a bomb threat is received at a police facility: When is the bomb going to explode? When did you place the bomb? What would cause the bomb to explode? Where is the bomb? What kind of bomb is it? Response to Bomb Calls - 274 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Response to Bomb Calls What does it look like? Why did you place the bomb? Where are you? Who are you? To avoid possible termination of the call, this should be asked after the preceding questions. Attempt to keep the caller on the line as long as possible and obtain expanded answers to these prior questions. During this time, document the following: Time of the call Exact words of the person as accurately as possible Estimated age and gender of the caller Speech patterns and/or accents Background noises If the threat is received at a police facility on a recorded line, steps should be taken to ensure that the recording is preserved in accordance with current Department evidence procedures. 416.4.2 NOTIFICATION RESPONSIBILITIES As soon as a bomb threat has been received, the Shift Sergeant will be advised and fully informed of the details. The Shift Sergeant will then direct and assign officers as required for coordinating a general building search or evacuation as deemed appropriate. 416.5 BOMB THREATS AT PUBLIC/PRIVATE FACILITY This procedure shall be followed should a bomb threat occur at a private facility or another public facility and the Department is informed of the threat. 416.5.1 BOMB THREAT RESPONSE OPTIONS The options available to the person in charge of the facility are generally: No search and no evacuation. Search without evacuation. Evacuation without search. Evacuation and search. 416.5.2 REQUEST FOR ASSISTANCE Should the person in charge of the facility request assistance, the Shift Sergeant shall be notified and will make the decision whether the Department renders assistance and to what level. Should the information and circumstances indicate a reasonably apparent imminent threat to safety, a more active approach, including law enforcement control over the facility, may be considered. 416.5.3 EVACUATION OR SEARCH ASSISTANCE Should the Shift Sergeant determine that the Department will assist or control a bomb threat incident, the Shift Sergeant will determine: The level of assistance. Response to Bomb Calls - 275 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Response to Bomb Calls The plan for assistance. Whether to evacuate and/or search. The appropriate support necessary. Considerations regarding the involvement of the facility staff in searching and evacuating is important. A search or evacuation can be difficult without a working familiarity of the facility. The person in charge of the facility should be made aware of the possibility of damage to the facility as a product of a search. The safety of all participants is the paramount concern. Consideration for additional support resources should include notification and response, or standby notice, for fire, medical and ambulance. 416.5.4 BOMB THREATS AT A FEDERAL BUILDING OR PROPERTY A bomb threat incident at a federal building or property shall be reported to the Federal Protective Service ([PHONE REDACTED]). The Federal Protective Service will provide a uniformed police response, which may include use of its Explosive Detector Dog Teams. Response to Bomb Calls - 276 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 418 Brighton Police Department Policy Manual Mental Health Civil Commitments 418.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may place an individual under protective custody for civil commitment (CRS § 27-65-105). 418.2 POLICY It is the policy of the Brighton Police Department to protect the public and individuals through legal and appropriate use of the civil commitment process. 418.3 AUTHORITY An officer who has probable cause to believe that a person is either gravely disabled or an imminent danger to him/herself or others may take the person into custody and transport him/her to a facility designated by the local mental health authority for a 72-hour treatment and evaluation (CRS § 27-65-105). 418.3.1 DETENTION Detention of a person under this policy does not constitute an arrest. When a person is taken into custody, that person shall not be detained in the jail unless no other suitable place of confinement for treatment and evaluation is readily available. In such a situation, the person shall be detained separately from all other inmates for a period not to exceed 24 hours, excluding Saturdays, Sundays and holidays, after which time he/she shall be transferred to the appropriate facility (CRS § 27-65-105(2)(a)). If the person being temporarily detained for a mental illness evaluation is a juvenile, the juvenile shall be placed in a setting that is non-secure and physically segregated by sight and sound from the adult offenders and inmates (CRS § 27-65-105(2)(a)). If there is no nurse or physician present to monitor and examine an adult or juvenile detained while awaiting transfer to a mental health facility, an officer who is trained to conduct these examinations shall check on such adult or juvenile at least every 12 hours and seek appropriate medical care as reasonably appears necessary (CRS § 27-65-105(2)(a)). 418.3.2 VOLUNTARY EVALUATION If officers encounter an individual who may qualify for a civil commitment, they may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the individual so desires, the officers should: Arrange for transporting the individual to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to a voluntary application. Transportation will comply with the Mental Health Civil Commitments Transportation Policy. If at any point the individual changes his/her mind regarding voluntary evaluation, officers should proceed with the civil commitment, if appropriate. Document the circumstances surrounding the individual's desire to pursue voluntary evaluation and/or admission. Mental Health Civil Commitments - 277 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mental Health Civil Commitments 418.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving an individual who may qualify for a mental health civil commitment should consider, as time and circumstances reasonably permit: Available information that might assist in determining the cause and nature of the individual's action or stated intentions. Community or neighborhood mediation services. Conflict resolution and de-escalation techniques. Community or other resources available to assist in dealing with mental health issues. While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others. Civil commitments should be preferred over arrest for people who have mental health issues and are suspected of committing minor crimes or creating other public safety issues. 418.5 TRANSPORTATION POLICY Persons detained solely for the purpose of a mental health civil commitment shall not be transported to the Police Department. When the decision is made to detain an individual for a mental health civil commitment, Platte Valley Ambulance Service should be requested to safely transport the individual to the Emergency Room. If the person is combative, the ambulance should transport the person to North Suburban or Saint Anthony's North Hospital where lockup facilities are available. 1. Police supervisor approval is required if an officer is required to ride with the ambulance crew to assist with the transport. 2. If the ambulance is unable to transport the person to one of these locations, then the person may be transported in a police vehicle. The person shall be secured in accordance with the Handcuffing and Restraints Policy. 418.6 OFFICER ACTIONS AT EVALUATION FACILITIES Absent exigent circumstances, officers assisting with the transportation of a detained person should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported and delivered while restrained, the officer may assist with transferring the individual to facility restraints and can be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints. 418.7 DOCUMENTATION The officer shall complete an application for emergency admission, provide it to the appropriate transporting or evaluating staff member and retain a copy for the case report (CRS 27-65-105). The officer should also provide a verbal summary to the staff member regarding the circumstances leading to the detention of the person. 418.8 CRIMINAL OFFENSES Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken into custody for a civil commitment should resolve the criminal matter by issuing a warning or a citation, as appropriate. Mental Health Civil Commitments - 278 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mental Health Civil Commitments When an individual who may qualify for a civil commitment has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should: Arrest the individual when there is probable cause to do so. Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the civil commitment. Facilitate the individual's transfer to jail. Thoroughly document in the related reports the circumstances that indicate the individual may qualify for a civil commitment. In the supervisor's judgment, the individual may be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources posting a guard) and other relevant factors in making this decision. 418.8.1 FIREARMS AND OTHER DEADLY WEAPONS Whenever an individual is taken into custody for a mental health civil commitment, the handling officers should seek to determine if the individual owns or has access to any firearm or other deadly weapon. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other deadly weapons safekeeping, evidence, consent). Whenever the handling officer has cause to believe that the return of any firearm or other deadly weapon taken into custody pursuant to this policy might endanger the person or others, the officer shall detail those facts and circumstances in a report. Officers are cautioned that a search warrant may be needed before seizing weapons or entering a residence or other place to search, unless lawful, warrantless entry has already been made exigent circumstances, consent). Should a firearm or other deadly weapon be seized by an officer, the firearms or other deadly weapon shall be booked into evidence for safekeeping in accordance with established procedures. The handling officer should further advise the individual of the procedure for the return of any firearm or other weapon that has been taken into custody. 418.8.2 RETURN OF FIREARMS OR OTHER DEADLY WEAPONS In addition to the policies for the release of firearms as found in Policy 804 Property and Evidence Procedures, any firearm or other deadly weapon seized as a result of a mental health civil commitment will not be released without a court order directing the Department to do so. The Property and Evidence Section will send written notification to the owner of the firearm or other deadly weapons that the firearms or weapons seized because of a mental health civil commitment will not be released without a court order. If such a court order is not obtained within 90 days from the date of the written notification, then the firearm or other deadly weapons will be processed in accordance with Policy 804 Property and Evidence Procedures. Mental Health Civil Commitments - 279 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mental Health Civil Commitments 418.9 TRAINING This Professional Standards Unit will ensure that Department-approved training on interaction with mentally disabled persons, civil commitments and crisis intervention is provided. Mental Health Civil Commitments - 280 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 420 Brighton Police Department Policy Manual Citation/Summons and Release Policy 420.1 PURPOSE AND SCOPE State law permits law enforcement agencies to use citation/summons release or a penalty assessment notice procedure in lieu of taking a person into custody and before a judge for traffic, misdemeanor or petty offenses, with certain exceptions. 420.2 STATUTORY REQUIREMENTS This Department authorizes citation releases for certain traffic, misdemeanor or petty offenses. Release by citation with a promise to appear can be accomplished by issuing a notice to appear from a citation book or an electronic device (CRS § 16-3-105 and CRS § 42-4-1707). In addition, for a Class 2 petty offense and certain parking violations, an officer may give the offender a penalty assessment notice and release the offender upon its terms (CRS § 16-2-201). The penalty assessment notice is required to be a summons and complaint containing: The identification of the alleged offender. Specifications of the offense and applicable fine. A requirement that the offender pay the fine or appear to answer the charge at a specified time and place. Other details that are reasonably necessary to meet the requirements of law. 420.2.1 DISCRETION TO ARREST While this Department recognizes the statutory power of peace officers to make arrests throughout the state, officers are encouraged to use sound discretion in the enforcement of the law. On-duty arrests will not generally be made outside the jurisdiction of this Department, except in cases of hot or fresh pursuit, while following up on crimes committed within the City, when acting under a joint powers agreement or mutual aid agreement, or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should, when circumstances reasonably permit, consider contacting the agency having primary jurisdiction before attempting an arrest. Off-duty officers observing criminal activity should generally take enforcement action only when it reasonably appears that imminent risk to life or property exists and the reasonable opportunity does not exist to contact the law enforcement agency with primary jurisdiction. In such situations, the involved officer shall clearly identify themselves as a police officer. Officers are authorized to use verbal or written warnings in lieu of arrest or citation to resolve minor traffic and criminal violations when appropriate. 420.3 DEPARTMENT PROCEDURES The following procedures will be followed to comply with the law. 420.3.1 FIELD CITATIONS Upon obtaining satisfactory identification and verifying that there are no outstanding warrants for the individual, officers may issue citations for misdemeanors to all persons 18 Citation/Summons and Release Policy - 281 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Citation/Summons and Release Policy years of age or older. The officer may also release subjects who were taken into custody on a private person's arrest whenever appropriate (CRS § 16-3-105 and CRS § 42-4-1707). 420.3.2 RELEASE AFTER BOOKING In certain cases, it may be impracticable to release a person arrested for misdemeanor offenses in the field. The person arrested may instead be released after booking at the Police Department, with Patrol Sergeant approval. Any person arrested for a misdemeanor offense shall be released on their written promise to appear after the booking procedure is completed, unless the person is disqualified for other reasons listed below. 420.3.3 DISQUALIFYING CIRCUMSTANCES A person arrested for a misdemeanor shall be released on a notice to appear unless one of the following situations is present: There is a reasonable likelihood that the offense or offenses would continue or resume or that the safety of persons or property would be imminently endangered by the release of the person arrested. There is reason to believe that the person would not appear at the time and place specified in the notice to appear. The basis for this determination shall be specifically stated (CRS § 16-3-105(1)(b)). The person does not have adequate proof of identification to verify their identity to be issued a citation. The crime involves domestic violence (CRS § 16-3-105(1.5)). The crime involves violence or dangerous weapons/firearms. When a person is arrested on a misdemeanor offense and is not released by criminal citation, the reason for non-release should be noted on the booking form and submitted to the Shift Sergeant for approval and inclusion with the case file in the Records Section. 420.3.4 OTHER REASONS FOR NOT RELEASING If the person arrested is not released for one or more of the reasons specified in this policy, the Shift Sergeant should state on the booking form the reason for non-release. Such reasons for non-release may include: Previous failure to appear is on record. The person lacks ties to the area, such as a residence, job or family. Unusual circumstances lead the officer responsible for the release of prisoners to conclude that the suspect should be held for further investigation. 420.3.5 PENALTY ASSESSMENTS A decision to use the penalty assessment procedure shall be based upon circumstances which reasonably persuade the officer that the offender is likely or unlikely to comply with the terms of the penalty assessment notice (CRS § 16-2-201(1)). 420.4 JUVENILE CITATIONS Completion of citations for juveniles is generally only appropriate for misdemeanor traffic violations and minor misdemeanor ordinance violations. Citation/Summons and Release Policy - 282 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Citation/Summons and Release Policy All misdemeanor violations for juveniles shall be documented with a case number. Cases not closed by citation should be referred to the Detective Section, if necessary, for further investigation and diversion or forwarded to the prosecutor. 420.5 REQUESTING CASE NUMBERS Traffic situations and local code violations can be documented on the reverse side of the records copy of the citation. However, most state statute sections will require a case number to document the incident properly in a report. This section does not preclude an officer from requesting a case number if they feel the situation should be documented more thoroughly in a case report. Citation/Summons and Release Policy - 283 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 422 Brighton Police Department Policy Manual Diplomatic and Consular Contacts 422.1 PURPOSE AND SCOPE The Vienna Convention on Consular Relations sets forth certain rights of foreign nationals from member countries when they are arrested, detained or imprisoned by law enforcement officials in this country. This policy provides direction to officers when considering a physical arrest or detention of a foreign national. All foreign service personnel shall be treated with respect and courtesy, regardless of the level of established immunity. As noted herein, the United States is a party to several bilateral agreements that obligate authorities to notify the consulate upon the person's detention, regardless of whether the detained person requests that his/her consulate be notified. The list of specific countries that the United States is obligated to notify can be found on the U.S. Department of State (DOS) website, http://www.travel.state.gov. 422.1.1 DEFINITIONS Definitions related to this policy include: Foreign national - Anyone who is not a citizen of the United States. A person with dual U.S. and foreign citizenship is not a foreign national. Immunity- Refers to various protections and privileges extended to the employees of foreign governments who are present in the U.S. as official representatives of their home governments. These privileges are embodied in international law and are intended to ensure the efficient and effective performance of their official missions embassies and consulates) in foreign countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S. personnel abroad. Although immunity may preclude U.S. courts from exercising jurisdiction, it is not intended to excuse unlawful activity. It is the policy of the DOS Office of Foreign Missions (OFM) that illegal acts by foreign service personnel should always be pursued through proper channels. The host country's right to protect its citizens supersedes immunity privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of public safety or the commission of a serious crime, regardless of immunity claims. 422.2 ARREST OR DETENTION OF FOREIGN NATIONALS Officers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity by violators. A person shall not, however, be subjected to in-custody arrest when diplomatic or consular immunity is claimed by the individual or suspected by the officer, and the officer has verified or reasonably suspects that the claim of immunity is valid. 422.3 LEVELS OF IMMUNITY The specific degree of immunity afforded to foreign service personnel within the U.S. is directly related to their function and position in this country. Diplomatic and Consular Contacts - 284 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Diplomatic and Consular Contacts 422.3.1 DIPLOMATIC AGENTS Diplomatic agents ambassadors and United Nations representatives) are afforded the highest levels of immunity. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state. The family members of diplomatic agents enjoy these same immunities. 422.3.2 CONSULAR OFFICERS Consular officers are the ranking members of consular posts, who perform various formal functions on behalf of their own governments. Typical titles include consul general, consul and vice consul. These officials are immune from arrest or detention, except pursuant to a felony warrant. They are only immune from criminal and civil prosecution arising from official acts. Official acts immunity must be raised as an affirmative defense in the court of jurisdiction, and its validity determined by the court. Under this defense, the prohibited act itself must have been performed as an official function. It is not sufficient that the consular agent was on-duty or in an official capacity at the time of the violation. The family members of consular officers generally enjoy no immunity. However, any family member who has a higher level of immunity is issued an identification card by DOS enumerating any privileges or immunities on the back of the card. Examples are consular officers and family members from Russia or China. 422.3.3 HONORARY CONSULS Honorary consuls are part-time employees of the country they represent and are either permanent residents of the U.S. or U.S. nationals (unlike career consular officers, who are foreign nationals on temporary assignment to the Honorary consuls may be arrested and detained. Limited immunity for official acts may be available as a subsequent defense. Family members have no immunity. 422.4 IDENTIFICATION All diplomatic and consular personnel who are entitled to immunity are registered and issued distinctive identification cards by the DOS Protocol Office. These cards are the best means of identifying Foreign Service personnel. They include a photograph, identifying information, and on the reverse side, a brief description of the bearer's immunity status. These identification cards are not always issued by DOS. In addition to the DOS identification card, Foreign Service personnel should have a driver's license issued by the DOS Diplomatic Motor Vehicle Office (DMVO), which in most circumstances replaces the operator's license issued by the state (22 USC § 254 and 22 USC § 4301). 422.4.1 VEHICLE REGISTRATION Vehicles that are owned by foreign missions or Foreign Service personnel and their dependents are registered with DOS OFM, and display distinctive red, white and blue license plates. Vehicles assigned to diplomatic or consular officers will generally have license plates labels with the words "diplomat" or "consul." Vehicles owned by honorary consuls are not issued OFM license plates but may have Colorado license plates with an "honorary consul" label. A driver's identity or immunity status should not be presumed from the type of license plates displayed on the vehicle. The status of an OFM license plate should be run via the National Law Enforcement Telecommunications System (NLETS), designating as the state, if the officer has reason to question the legitimate possession of the license plate. Diplomatic and Consular Contacts - 285 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Diplomatic and Consular Contacts 422.5 ENFORCEMENT PROCEDURES The following procedures provide a guideline for handling enforcement of foreign nationals. 422.5.1 CITATION PROCEDURES An enforcement document shall be issued at the scene for all violations warranting such action, regardless of the violator's immunity status. The issuance of a citation is not considered an arrest or detention under current DOS guidelines. Whenever the equivalent of a notice to appear is issued to an immunity claimant, the following additional procedures shall be followed by the issuing officer: Identification documents are to be requested of the claimant. The title and country represented by the claimant are to be recorded on the back of the officer's copy of the notice to appear for later reference. Do not include this information on the face of the notice to appear. Verified diplomatic agents and consular officers, including the staff and family members from countries with which the U.S. has special agreements, are not required to sign the notice to appear. The word "Refused" shall be entered in the signature box and the violator shall be released. Claimants other than verified diplomatic agents and consular officers shall be requested to sign the notice to appear. If the claimant refuses, the identity and immunity status of the individual shall be conclusively established. Verified consular staff members, excluding those from countries with which the U.S. has special agreements, are generally obligated to sign the notice to appear. But a signature shall not be required if the immunity status is uncertain. All other claimants are subject to the provisions of policy and procedures outlined here. The violator shall be provided with the appropriate copy of the notice to appear. 422.5.2 IN-CUSTODY ARRESTS Diplomatic agents and consular officers are immune from arrest or detention unless they have no identification and the detention is to verify their diplomatic status. Proper identification of immunity claimants is imperative in potential in-custody situations. Claimants who are not entitled to immunity shall be placed in custody in accordance with the provisions outlined in this policy. A subject who is placed under arrest and claims diplomatic or consular immunity shall not be physically restrained before verification of the claim, unless restraint is necessary for the protection of the officer or others. A supervisor shall be notified and should respond to the scene when reasonably possible. Field verification of the claimant's identity is to be attempted as follows: An identification card issued by the DOS Protocol Office is the only valid evidence of diplomatic or consular immunity. The following types of identification cards are issued: Diplomatic (blue bordered), Consular (red bordered) and Official (green bordered). The DOS identification cards are 3-3/4 inch by 1-1/2 inch and contain a photograph of the bearer. Newly arrived members of diplomatic or consular missions may not yet have official DOS identity documents. Verify immunity by telephone with the DOS any time an individual claims immunity and cannot present satisfactory identification, if the officer Diplomatic and Consular Contacts - 286 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Diplomatic and Consular Contacts has reason to doubt the claim of immunity, or there is a possibility of physical arrest. Department personnel should use the following numbers in order of preference: Office of Foreign Missions Chicago, IL (312) 353-5762 (0800-1645 CST) Office of Foreign Missions Diplomatic Motor Vehicle Office Washington D.C. (202) 895-3521 (Driver's License Verification) or (202) 895-3532 (Registration Verification) (202) 895-3533 FAX (0815-1700 EST) Department of State Diplomatic Security Service Command Center Washington D.C. (202) 647-7277 (202) 647-1512 (Available 24 hours) (202) 647-0122 FAX Members of diplomatic or consular missions also may have other forms of identification. These include identification cards issued by the Colorado Consular Corps, local law enforcement agencies, the foreign embassy or consulate, a driver's license issued by DOS, and DOS license indicia on the vehicle. All these items are only an indication that the bearer may have some form of immunity. Subjects verified through the above procedures as being officials entitled to immunity (diplomatic agent, consular officers and consular staff and family members from countries with which the U.S. has special agreements) may not be arrested. The procedures below shall be followed. These procedures should also be used in the event immunity cannot be verified but another form of identification indicates that immunity is probable. If the release of the violator will not create an additional hazard, adequate information to properly identify the violator shall be obtained before the official is released. A supervisor's approval for the release shall be obtained whenever reasonably possible. The necessary release documents and/or a Certificate of Release Form should only be issued under the proper conditions. If the violator appears to have been driving while under the influence, field sobriety tests, including Preliminary Alcohol Screening (PAS) device tests and chemical tests should be offered and obtained whenever reasonably possible. However, these tests cannot be compelled. The subject shall not be permitted to drive. A supervisor's approval for release shall be obtained whenever reasonably possible and alternative transportation should be arranged. All facts of the incident shall be documented in accordance with this policy in an Driving While Impaired (DWI) Arrest - Investigation Report, and/or any other relevant report form. Notwithstanding the field release of the subject, prosecution is still appropriate and should be pursued if the violator is either stopped or issued a notice to appear for a violation while operating a motor vehicle. The officer shall either complete a notice to appear or a written report documenting the incident. This department shall then contact DOS as soon as practicable to verify the violator's status and immunity. Within five working days of the stop, this department shall send to the Bureau of Diplomatic Security, OFM of the DOS, a copy of the notice to appear and any collision or other written report documenting the incident. The DOS will take appropriate sanctions Diplomatic and Consular Contacts - 287 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Diplomatic and Consular Contacts against errant Foreign Service personnel, even where prosecution is not undertaken by the Department. 422.6 TRAFFIC COLLISIONS Persons involved in traffic collisions who possess a DOS OFM Diplomatic Driver License, issued by the DMVO, shall have coded in the license "class" box of the Traffic Accident Report. The actual driver's license class 1, 2, 3, or A, B, C, M) shall be entered in the miscellaneous box on page two of the traffic report. If subsequent prosecution of the claimant is anticipated, the claimant's title, country and type of identification presented should be recorded for future reference. Issuance of a citation to, or arrest of, an immunity claimant at the accident scene should be handled in accordance with the procedures specified in this policy. 422.6.1 VEHICLES Vehicles which are owned by subjects with full immunity may not be searched, stored or impounded without the owner's permission. Such permission may be assumed if the vehicle has been stolen. These vehicles may, however, be towed the necessary distance to remove them from obstructing traffic or creating any other hazard. 422.6.2 TRAFFIC ACCIDENT REPORTS A photocopy of each Traffic Accident Report involving an identified diplomat and/or immunity claimant shall be forwarded to the office of the Chief of Police within 48 hours, regardless of whether the claim is verified. The words "Immunity Claim" shall be marked on the photocopy, together with a notation of the claimant's title, country and type of identification presented, if applicable. In addition to the report, a follow-up cover memorandum should be submitted if the violation was flagrant, if the claimant was uncooperative, or if there were any other unusual aspects of the enforcement contact that should be reported to DOS for further action. The Shift Sergeant/supervisor apprised of the incident/collision shall also send a copy of all documents and reports submitted by the investigating officer, along with any supervisor's notes, materials and/or logs, to the Chief of Police's office within 48 hours of the incident. The Chief of Police's office will check to ensure the notification of DOS and all necessary follow-up occurs. 422.7 FOREIGN NATIONALS WHO DO NOT CLAIM IMMUNITY These policies and procedures apply to foreign nationals who do not claim diplomatic or consular immunity. Officers shall arrest foreign nationals only under the following circumstances: There is a valid warrant issued for the person's arrest. There is probable cause to believe that the foreign national has violated a federal criminal law, a state law or a local ordinance. Officers shall not arrest foreign nationals solely for alleged undocumented entry into the U.S. unless the undocumented entry is committed in the officer's presence. After a lawful detention or criminal arrest, officers may detain foreign nationals solely for alleged undocumented presence in the U.S. if the U.S. Immigration and Customs Enforcement (ICE) is contacted and can respond to take custody within a reasonable time. Officers shall not arrest foreign nationals for undocumented presence. Federal courts have consistently held that undocumented presence is not a crime but a federal civil violation only enforceable by federal officers. Diplomatic and Consular Contacts - 288 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Diplomatic and Consular Contacts Officers shall not stop or detain persons solely for determining immigration status. International treaty obligations provide for notification of foreign governments when foreign nationals are arrested or otherwise detained in the U.S. Whenever an officer arrests and incarcerates a foreign national or detains a foreign national for investigation for over two hours, the officer shall advise the individual that they are entitled to have their government notified of the arrest or detention. If the individual wants their government notified, the officer shall begin the notification process. 422.7.1 ARREST PROCEDURES FOR FOREIGN NATIONALS Whenever an officer physically arrests or detains an individual for criminal investigation and the officer reasonably believes the person to be a foreign national, the officer shall inquire to determine the person's citizenship. If the individual indicates that they are other than a U.S. citizen, the officer shall advise the individual that they have a right to have the nearest appropriate embassy or consulate notified of the arrest/detention (Vienna Convention on Consular Relations, Art. 36, (1969)). If the individual requests such notification, the officer shall contact ADCOM as soon as practicable and request the appropriate embassy/consulate be notified. Officers shall provide ADCOM with the following information concerning the individual: Country of citizenship Full name of the individual, including paternal and maternal surname, if used Date of birth or age Current residence Time, date, place, location of incarceration/detention and the 24-hour telephone number of the place of detention, if the place of detention is different from the Department itself If the individual claims citizenship of one of the countries for which notification of the consulate/embassy is mandatory, officers shall provide ADCOM with the information above as soon as practicable, regardless of whether the individual desires that the embassy/consulate be notified. This procedure is critical because of treaty obligations with the particular countries. The list of countries and jurisdictions that require notification can be found on the DOS website, http://www.travel.state.gov. 422.7.2 DOCUMENTATION REQUIREMENTS Officers shall document on the face page and in the narrative of the appropriate arrest or investigation report the date and time ADCOM was notified of the foreign national's arrest/detention and his/her claimed nationality. Diplomatic and Consular Contacts - 289 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 424 Brighton Police Department Policy Manual Rapid Response And Deployment 424.1 PURPOSE AND SCOPE Violence in schools, workplaces and other locations by any individual or group of individuals presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist officers in implementing rapid response and deployment to such situations. 424.2 POLICY The policy of this Department in dealing with a crisis situation shall be: To obtain and maintain complete operative control of the incident. To explore every reasonably available source of intelligence regarding the circumstances, location and suspect in the incident. To attempt, by every means available, to attain any tactical advantage over the responsible individual. To attempt, whenever practicable, a negotiated surrender of the suspect and release of the hostages through the expertise of the members of this department and others. Nothing in this policy shall preclude the use of necessary force, deadly or otherwise, by members of this department in protecting themselves or others from death or injury. 424.3 PROCEDURES When violent acts by the suspect continue or lives are in imminent danger, a decision to advance on the suspect may be made by the officers at the scene. This decision should include the following considerations: It is highly recommended that any advance on a suspect be made in teams of two or more officers. However, if an officer is alone, it is within their discretion whether to advance. The development and implementation of immediate and planned tactics and communicating the plan to others in the field, ADCOM and the supervisor. The potential deployment of rifles, shotguns, shields, control devices and any other appropriate tools that will provide tactical advantage. 424.3.1 ADVANCING ON A SUSPECT On-scene first responders shall make the decision whether to advance on the suspect. The multitude of variables in such a circumstance requires a rapid assessment of the situation and a decision as to the best tactics to implement and the timely action necessary to resolve the incident. The following factors individually and collectively should be considered in deciding whether to advance on a suspect: The suspect's actions are or may be causing death or serious bodily injury. The incident is not contained and there continues to be an immediate risk of death or serious injury to law enforcement and others. The suspect is in a position of advantage (e.g. barricaded in a room or building). Rapid Response And Deployment - 290 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Rapid Response And Deployment The suspect is armed and has displayed or threatened violence. A hostage situation exists. The suspect refuses to submit to arrest. Examples of circumstances and possible decisions may include the following: If there is a barricaded suspect with no hostages, the officer should wait for additional assistance, including possible SWAT response, unless the incident is resolved in a timely manner. If there is a barricaded suspect with hostages and no harm done to the hostages, the officer should wait for additional assistance or SWAT response. If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity that may result in death to hostages or others in the area, the officer should take immediate action, if reasonably possible, to stop the threat presented by the suspect, while calling for additional assistance. Rapid Response And Deployment - 291 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 426 Brighton Police Department Policy Manual Reporting Law Enforcement Activity Outside of the Jurisdiction 426.1 PURPOSE AND SCOPE This policy provides general guidelines for reporting law enforcement activity, while on- or off-duty, that is occurring outside the jurisdiction of the Brighton Police Department. 426.1.1 ASSISTING OTHER AGENCIES When an officer is on-duty and is requested by an outside agency to participate in law enforcement activity in another jurisdiction, they shall obtain prior approval from the immediate supervisor or the Patrol Sergeant and shall respond to the request as outlined in the Mutual Aid and Outside Agency Assistance Policy. If the request is of an emergency nature, the officer shall notify ADCOM before responding and thereafter notify a supervisor as soon as practicable. 426.1.2 LAW ENFORCEMENT ACTIVITY OUTSIDE THE CITY Any on-duty officer who engages in self-initiated law enforcement activities of any type outside the immediate jurisdiction of the Brighton Police Department that are not part of a mutual aid request shall notify their supervisor or the Patrol Sergeant at the earliest possible opportunity. Any off-duty officer who engages in any law enforcement activities, regardless of jurisdiction, shall notify the Patrol Sergeant as soon as reasonably practicable. The supervisor shall determine if a case report or other documentation of the officer's activity is required. The report or other documentation shall be forwarded to the officer's Captain. Reporting Law Enforcement Activity Outside of the Jurisdiction - 292 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 428 Brighton Police Department Policy Manual Immigration Violations 428.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to employees of the Brighton Police Department in reporting, investigating and enforcing immigration laws. It is incumbent upon all employees of this department to make a personal commitment to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of the Department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their immigration status. 428.2 IMMIGRATION VIOLATION POLICY The U.S. Immigration and Customs Enforcement (ICE) has primary jurisdiction for enforcement of the provisions of Title 8, United States Code (USC) dealing with illegal entry. When assisting ICE at its specific request, or when suspected criminal violations are discovered as a result of inquiry or investigation based on probable cause originating from activities other than the isolated violations of Title 8, USC 1304, 1324, 1325 and 1326, the Department may assist in the enforcement of federal immigration laws. 428.3 REPORTING IMMIGRATION VIOLATIONS Persons wishing to report immigration violations should be referred to the local office of ICE. The Employer Sanction Unit of ICE has primary jurisdiction for enforcement of Title 8, USC. 428.3.1 BASIS FOR CONTACT Officers must make legitimate contact with and have reasonable suspicion that an individual is an undocumented alien prior to investigating immigration status. The fact that an individual is suspected of being an undocumented alien should generally not be the sole basis for contact, detention or arrest. 428.3.2 ENFORCEMENT SWEEPS The Brighton Police Department does not independently conduct sweeps or other concentrated efforts to detain suspected undocumented aliens. When enforcement efforts are increased in a particular area, equal consideration should be given to all suspected violations and not just those affecting a particular race, ethnicity, age, gender, sexual orientation, religion, socioeconomic status or other group. The disposition of each contact warning, citation or arrest), while discretionary in each case, should not be affected by such factors as race, ethnicity, age, gender, sexual orientation, religion or socioeconomic status. 428.3.3 IDENTIFICATION Whenever an individual is reasonably suspected of a criminal violation infraction, misdemeanor or felony), the investigating officer should take reasonable steps to determine the individual's identity through valid identification or other reliable sources. If an individual would have otherwise been released for an infraction or misdemeanor on a citation, the person should be taken to the station and given a reasonable opportunity to verify his/her true identity telephone calls). If the person's identity is thereafter reasonably Immigration Violations - 293 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Immigration Violations established, the original citation release should be completed without consideration of immigration status. 428.3.4 ARRESTS If the officer intends to take enforcement action and the individual is unable to reasonably establish his/her true identity, the officer may take the person into custody on the suspected criminal violation if there is a substantial likelihood that the individual will not show up at a later date. A field supervisor shall approve all such arrests. 428.3.5 BOOKING If there is a substantial likelihood that a person will not show up at a later date because he/she cannot reasonably establish his/her true identity, the individual may, upon approval of a supervisor, be booked into jail for the suspected criminal violation and held for bail. 428.3.6 DETENTION PROCEDURES A person detained exclusively for a traffic violation or misdemeanor should not be detained longer than necessary for the purpose of establishing his/her true identity. 428.4 CONSIDERATIONS PRIOR TO REPORTING TO ICE The Brighton Police Department is concerned for the safety of local citizens and thus detection of criminal behavior is of primary interest in dealing with any persons. The decision to arrest shall be based upon those factors which establish probable cause and not on arbitrary aspects. Race, ethnicity, age, gender, sexual orientation, religion and socioeconomic status alone are of no bearing on the decision to arrest. All individuals, regardless of their immigration status, must feel secure that contacting law enforcement will not make them vulnerable to deportation. Members of this Department should not attempt to determine the immigration status of crime victims and witnesses or take enforcement action against them absent exigent circumstances or reasonable cause to believe that a crime victim or witness is involved in violating criminal laws. Generally, if an officer suspects that a victim or witness is an undocumented immigrant, the officer need not report the person to ICE unless circumstances indicate such reporting is reasonably necessary. Nothing in this policy is intended to restrict officers from exchanging legitimate law enforcement information or otherwise abrogate the duty to cooperate with federal, state or local government entities (8 USC § 1373; 8 USC § 1644). 428.4.1 U-VISA/T-VISA NON-IMMIGRANT STATUS Congress created the U-Visa, available to immigrant victims of many serious crimes, as part of the Victims of Trafficking and Violence Protection Act of 2000. It recognized that many of these individuals with temporary or no legal status feared assisting law enforcement because it could lead to deportation. The U-Visa program: Provides non-citizen victims a means of stabilizing their legal status Encourages them to report crimes Helps protect the innocent Immigration Violations - 294 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Immigration Violations Encourages victims to fully participate in proceedings that will aid in bringing perpetrators to justice All Victim/Witnesses are informed under the Colorado Victims Rights Act of the availability to apply for legal services Under certain circumstances, federal law allows temporary immigration benefits to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U and T) including: Rape, Trafficking Domestic Violence Being Held Hostage Kidnapping Blackmail Felonious Assault Torture Incest Prostitution Peonage Abduction Extortion Perjury Abusive Sexual Contact Sexual Exploitation Involuntary Servitude Unlawful Criminal Restraint Manslaughter Obstruction of Justice Sexual Assault Female Genital Mutilation Slave Trade False Imprisonment Murder Witness Tampering Any request for assistance in applying for U-Visa/T-Visa status should be forwarded to the Victim Services Coordinator. The Victim Services Coordinator will: Confirm that the individual is a victim of the offenses eligible for U-Visa request and is helpful in the investigation or prosecution of criminal activity Complete the declaration/certification for a U-Visa/T-Visa from the U.S. Citizenship and Immigration Services on the appropriate U.S. Department of Homeland Security (DHS) Form supplements (I-918 or I-914), including: 1. Information on the victim, 2. Police Department information, 3. The criminal act, Immigration Violations - 295 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Immigration Violations 4. Helpfulness of the victim and family members implicated in criminal activity Consult with the assigned officer or detective to determine the current status of any related case. Review the instructions for completing the declaration/certification if necessary. 1. Instructions for completing Form I-918/I-914 may be found on the U.S. DHS website. Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the declaration/certification has not already been completed and whether a declaration/certification is warranted. Address the request and complete the declaration/certification, if appropriate, in a timely manner. Include a copy of any completed certification in the case file and forward the information the appropriate prosecutor for discovery purposes. Immigration Violations - 296 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 430 Brighton Police Department Policy Manual Emergency Utility Service 430.1 PURPOSE AND SCOPE The City Public Works Department has personnel available to handle emergency calls 24 hours a day, seven days a week. Calls for service during non-business hours are frequently directed to the Police Department. Requests for such service received by the Department should be handled in the following manner. 430.1.1 BROKEN WATER LINES The City's responsibility ends at the water meter. Any break or malfunction in the water system from the water meter to the citizen's residence or business is the customer's responsibility. Public Works can only turn off the valve at the meter. The citizen can normally accomplish this. If a break occurs on the City side of the meter, emergency personnel should be called as soon as practicable by the Police Records Section when open, a Patrol Sergeant or ADCOM. 430.1.2 ELECTRICAL LINES City Public Works does not maintain electrical lines to street light poles. When a power line poses a hazard, an officer should be dispatched to protect against personal injury or property damage that might be caused by power lines. United Power or Public Works should be notified, as appropriate. 430.1.3 RESERVOIRS, PUMPS AND WELLS Public Works maintains the reservoirs and public water equipment, as well as several underpass and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency personnel should be contacted as soon as possible. 430.1.4 EMERGENCY CONTACT NUMBERS A current list of emergency personnel who are to be called for municipal utility emergencies will be maintained by the Police Department and ADCOM. 430.2 TRAFFIC SIGNAL MAINTENANCE The City of Brighton Department of Public Works maintains most traffic signals within the City, other than those maintained by the Colorado Department of Transportation (CDOT). 430.2.1 OFFICER RESPONSIBILITIES Upon observing a damaged or malfunctioning signal, the officer will advise ADCOM of the location and problem with the signal. The dispatcher should make the necessary notification to the proper maintenance agency. Emergency Utility Service - 297 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 432 Brighton Police Department Policy Manual Patrol Rifles 432.1 PURPOSE AND SCOPE To more effectively and accurately address the increasing level of firepower and body armor utilized by criminal suspects, the Brighton Police Department will make patrol rifles available to qualified officers as an additional and more immediate tactical resource. 432.2 PATROL RIFLES 432.2.1 DEFINITIONS Definitions related to this policy include: Patrol rifle - An authorized weapon owned by the Department or by the officer, which is made available to properly trained and qualified officers as a supplemental resource to their duty handgun or shotgun. No personally owned rifles may be carried for patrol duty unless pre-approved in writing by the Department Rangemaster. 432.3 AUTHORIZED WEAPONS Only weapons and ammunition that meet agency authorized specifications, approved by the Department, may be used by officers in their law enforcement responsibilities. The authorized patrol rifle issued by the Department is the AR-15 style and other Department approved weapons. 432.4 RIFLE MAINTENANCE AND INSPECTION Primary responsibility for maintenance of Department owned patrol rifles shall be the responsibility of the Rangemaster, who shall require that each patrol rifle is inspected and serviced on a basis. Primary responsibility for maintenance of officer owned patrol rifles shall be the responsibility of the officer. The Rangemaster shall require that each patrol rifle is inspected and serviced on a basis. Each patrol officer carrying a patrol rifle may be required to field strip and clean an assigned patrol rifle as needed. Each patrol officer shall be responsible for reporting any damage or malfunction of an assigned patrol rifle to a supervisor or the Rangemaster. Any patrol rifle found to be unserviceable shall also be clearly identified as non-serviceable, including details regarding the unserviceable condition. Each patrol rifle shall be subject to inspection by a supervisor or the Rangemaster at any time. No modification shall be made to any patrol rifle without prior written authorization from the Rangemaster. 432.5 TRAINING Officers shall not carry or utilize the patrol rifle unless they have successfully completed Department training. This training shall consist of a patrol rifle user's course and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required Patrol Rifles - 298 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Patrol Rifles to successfully complete training and yearly firearms proficiency qualification conducted by a certified patrol rifle instructor. Any officer who fails to qualify or who fails to successfully complete two or more department-sanctioned training/qualification sessions within a calendar year will no longer be authorized to carry the patrol rifle without successfully retaking the initial patrol officers user's course and qualification. 432.6 RIFLE DEPLOYMENT Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: Situations where the officer reasonably anticipates an armed encounter. When an officer is faced with a situation that may require the delivery of accurate and effective fire at long range. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. When an officer reasonably believes that there may be a need to deliver fire on a barricaded person or a person with a hostage. When an officer reasonably believes that a suspect may be wearing body armor. When authorized or requested by a supervisor. When appropriate to aid in the dispatch of an animal. 432.7 DISCHARGE OF THE PATROL RIFLE The discharge of the patrol rifle shall be governed by the Use of Force Policy and the Firearms Discharge Policy. 432.8 CRUISER READY STATUS Any qualified officer carrying a patrol rifle in the field shall maintain the weapon in a cruiser ready condition until deployed. A rifle is considered in a cruiser ready condition when it has been inspected by the assigned officer, the fire selector switch is in the safe position, the chamber is empty and a fully loaded magazine is inserted into the magazine well. 432.9 RIFLE STORAGE When not in use, patrol rifles will be stored in the Department Armory in rifle racks. At the start of each assigned shift, any qualified, on-duty officer may access the Department armory. The unit number of the assigned Department patrol rifle will be recorded on a weapon check out log. In-service patrol rifles should be secured in the vehicle gun lock or case. At the end of the assigned officer's shift, the Department owned patrol rifle will be returned and secured in the Department Armory. Patrol Rifles - 299 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 434 Brighton Police Department Policy Manual Aircraft Crashes 434.1 PURPOSE AND SCOPE This policy describes situations involving aircraft crashes and the responsibilities of personnel, making proper notification and documentation. 434.2 RESPONSIBILITIES In the event of an air crash, the employee responsibilities are as follows. 434.2.1 OFFICER RESPONSIBILITIES Officers should treat an aircraft crash site as a crime scene until it is determined that such is not the case. Be aware that hazardous materials and hazardous conditions may be present. If a military aircraft is involved, additional dangers such as live ordnance may be present and the scene may require additional security due to the potential presence of confidential equipment or information. The duties of the officer at the scene of an aircraft crash include the following: Determine the extent of the crash. Request additional personnel and other resources to respond as needed. Provide assistance for the injured parties until the arrival of fire department personnel and/or other emergency personnel. Cordon off and contain the area to exclude unauthorized individuals as soon as practicable. Provide traffic and crowd control and other assistance until directed otherwise by a supervisor. Ensure the appropriate Coroner's Office is notified if a death occurs. Implement Incident Command System (ICS) protocol. Entering an aircraft or tampering with parts or debris is only permissible for the purpose of removing injured or trapped occupants, protecting the wreckage from further damage or protecting the public from danger. If reasonably possible, the investigating authority should first be consulted before entering or moving any aircraft or any crash debris. Photographs or sketches of the original positions should be made whenever practicable. The Brighton Fire Rescue District will be responsible for control of the crash scene until the injured parties are cared for and the crash scene has been rendered safe for containment. Thereafter, police personnel will be responsible for preserving the scene until relieved by the investigating authority. Once the scene is relinquished to the investigating authority, personnel from this agency may assist in containment of the scene until the investigation is completed or assistance is no longer needed. Local aviation professionals may respond to the scene to assist the on-scene commander with technical expertise, should it be needed during the operation. Aircraft Crashes - 300 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Aircraft Crashes 434.2.2 NATIONAL TRANSPORTATION SAFETY BOARD The National Transportation Safety Board (NTSB) has the primary responsibility for investigating crashes involving civil aircraft. In the case of a military aircraft incident, the appropriate branch of the military will be involved in the investigation. The NTSB is concerned with several aspects of a crash as described in this section. Every effort should be made to preserve the scene to the extent reasonably possible in the condition in which it was found until such time as the NTSB or other authorized personnel arrive to take charge of the scene. Military personnel will respond to take charge of any military aircraft involved, regardless of any injury or death. If the crash did not result in a death or injury and the NTSB elects not to respond, the pilot or owner may assume control of the aircraft. Removal of the wreckage shall be done under the guidance of the NTSB or military authorities. If the NTSB is not responding for an on-site investigation, it will be removed at the discretion of the pilot or the owner. 434.2.3 ADCOM RESPONSIBILITIES Dispatchers are responsible to make notifications as directed once an aircraft crash has been reported. The notifications will vary depending on the type of crash, extent of injuries or damage and the type of aircraft involved. Generally, the dispatcher will need to notify the following agencies or individuals when an aircraft crash has occurred. Brighton Fire Rescue District The affected airport tower Closest military base if a military aircraft is involved Ambulances or other assistance as required When an aircraft crash is reported to the Police Department by the airport tower personnel, the dispatcher receiving such information should verify that the tower personnel will contact the Colorado Department of Transportation Division of Aeronautics, Federal Aviation Administration (FAA) Flight Standards District Office and the National Transportation Safety Board (NTSB). In the event that airport personnel are not involved, the dispatcher should notify the Colorado Department of Transportation Division of Aeronautics, the FAA and the NTSB. 434.2.4 RECORDS SUPERVISOR RESPONSIBILITIES The Records Supervisor is responsible for the following: Forwarding and maintaining an approved copy of the report to the Colorado Department of Transportation Division of Aeronautics. Forwarding a copy of the report to the Police Operations Captain and the manager of the affected airport. 434.2.5 PUBLIC INFORMATION OFFICER RESPONSIBILITIES The Police Department Public Information Officer is responsible for the following: Aircraft Crashes - 301 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Aircraft Crashes Obtaining information for a press release from the on-scene commander or the authorized designee. When practicable, the Department Public Information Officer should coordinate with the FAA Press Information Officer on preparing a press release and distributing it to the media. Information released to the press regarding any aircraft crash should be handled by the Department Public Information Officer or in accordance with existing policy. 434.3 DOCUMENTATION Any aircraft crash within the City, regardless of whether injuries or deaths occur, shall be documented. Aircraft Crashes - 302 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 436 Brighton Police Department Policy Manual Police Training Officer Program 436.1 PURPOSE AND SCOPE The Police Training Officer (PTO) Program is intended to provide a standardized program to facilitate the officer's transition from the academic setting to the actual performance of general law enforcement duties of the Brighton Police Department. It is the policy of this department to assign all new police officers to a structured PTO Program that is designed to prepare the new officer to perform in a patrol assignment and to acquire all of the skills needed to operate in a safe, productive and professional manner. 436.2 POLICE TRAINING OFFICER The PTO is an experienced officer trained in the art of supervising, training and evaluating entry level and lateral police officers in the application of their previously acquired knowledge and skills. 436.2.1 SELECTION PROCESS PTOs will be selected based on the following requirements: Desire to be a PTO Minimum of four years of patrol experience, two of which shall be with this department Demonstrated ability as a positive role model Participate and pass an internal oral interview selection process Evaluation by supervisors and current PTOs Possess a Colorado Peace Officer Standards and Training (POST) Basic Certificate 436.2.2 PTO TRAINING An officer selected as an PTO shall successfully complete a PTO course approved by the Department prior to being assigned as an PTO. All PTOs must complete an PTO update course approved by the Department every three years while assigned to the position of PTO. 436.3 POLICE TRAINING OFFICER PROGRAM SUPERVISOR The PTO Program supervisor will be selected from the rank of sergeant or above by the Police Operations Captain or the authorized designee and shall complete a Police Training Administrator's Course approved by the Department within one year of appointment to this position. This requirement may be waived if the candidate possesses a significant level of experience as a PTO Supervisor. The responsibilities of the PTO Program supervisor includes the following: Assign trainees to PTOs. Conduct PTO meetings. Maintain and ensure PTO/trainee performance evaluations are completed. Maintain, update and issue the Police Training Manual to each trainee. Police Training Officer Program - 303 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Training Officer Program Monitor individual PTO performance. Monitor the overall PTO Program. Maintain liaison with PTO coordinators of other agencies. Maintain liaison with academy staff on recruit performance during the academy. Develop ongoing training for PTOs. 436.4 REQUIRED TRAINING Entry level officers shall be required to successfully complete the Police Training Program. The training period for lateral officers may be modified depending on the trainee's demonstrated performance and level of experience. The required training will take place on at least two different shifts and with at least two different PTOs. 436.4.1 POLICE TRAINING MANUAL Each new officer will be issued a Police Training Manual at the beginning of their Primary Training Phase. This manual is an outline of the subject matter and skills necessary to properly function as an officer with the Brighton Police Department. The officer shall become knowledgeable of the subject matter as outlined. They shall also become proficient with those skills as set forth in the manual. The Police Training Manual will specifically cover those policies, procedures, rules and regulations of the Brighton Police Department. 436.5 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. 436.5.1 PTO DUTIES PTOs shall complete and submit a written evaluation on the performance of their assigned trainee to their immediate supervisor on a regular basis. PTOs shall review the performance evaluations with the trainee on a regular basis. A detailed end-of-phase performance evaluation on the assigned trainee shall be completed by the PTO at the end of each phase of training. PTOs shall be responsible for signing off on all completed topics contained in the Police Training Manual, noting the method of learning and evaluating the performance of the assigned trainee. 436.5.2 PTO'S SUPERVISOR The PTO's immediate supervisor shall review the trainee performance evaluations and forward them to the Police Training Supervisor. 436.5.3 POLICE TRAINING SUPERVISOR The Police Training Supervisor will review and approve the trainee performance evaluations submitted through the PTO's immediate supervisor. Police Training Officer Program - 304 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Training Officer Program The Police Training Supervisor will hold periodic meetings with all PTOs to ensure understanding and compliance with the requirements of the Police Training Program. At least annually, the Police Training Supervisor will hold a process review meeting with all PTOs to discuss changes needed in the PTO Program. A summary of this meeting, with any recommendations or changes made, will be documented and forwarded to the Chief of Police for review and approval. 436.5.4 EVALUATION OF PTO At the completion of the Police Training Program, the trainee shall submit a performance evaluation of each of their PTOs and of the Police Training Program. 436.6 DOCUMENTATION All documentation of the Police Training Program will be retained in the officer's training files and will consist of the following: Trainee Performance Evaluations End of phase evaluations A Certificate of Completion, certifying that the trainee has successfully completed the required number of hours of field training Police Training Officer Program - 305 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 438 Brighton Police Department Policy Manual Obtaining Air Support 438.1 PURPOSE AND SCOPE The use of air support can be invaluable in certain situations. This policy specifies potential situations where the use of air support may be requested and the responsibilities for making a request. 438.2 REQUESTING AIR SUPPORT If a supervisor or officer in charge of an incident determines that the use of air support would be beneficial, a request to obtain air support may be made. 438.2.1 REQUESTING AIR SUPPORT FROM ANOTHER AGENCY After consideration and approval of the request for air support, the Shift Sergeant or the authorized designee will call the closest agency having air support available. The Shift Sergeant will apprise that agency of the specific details of the incident prompting the request. 438.2.2 USE OF AIR SUPPORT Law enforcement air support may be requested under any of the following conditions: When the aircraft is activated under existing mutual aid agreements Whenever the safety of law enforcement personnel is in jeopardy and the presence of the aircraft may reduce such hazard When the use of aircraft will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community When an aircraft is needed to locate a person who is lost and whose continued absence constitutes a serious health or safety hazard Vehicle pursuits Pre-planned events or actions that require air support When the Shift Sergeant or equivalent authority determines a reasonable need exists While it is recognized that the availability of air support will generally provide valuable assistance to ground personnel, the presence of air support will rarely replace the need for officers on the ground. Obtaining Air Support - 306 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 440 Brighton Police Department Policy Manual Field Interviews and Contacts 440.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for conducting field interviews (FI) and pat-down searches, and the taking and retention of photographs of persons detained in the field but not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph a field detainee shall be left to the discretion of the involved officer based on the totality of the circumstances available at the time of the detention. 440.2 DEFINITIONS Definitions related to this policy include: Detention - Occurs when an officer intentionally, through words, actions or physical force causes an individual to reasonably believe they are being required to restrict their movement. Detentions also occur when an officer actually restrains a person's freedom of movement. Consensual encounter - Occurs when an officer contacts an individual but does not create a detention through words, actions or other means. In other words, a reasonable individual would believe that their contact with the officer is voluntary. Consensual search - A search performed by an officer following the voluntary consent of the person being searched, or the person having control of the place or item being searched. Field Interview (FI) - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purpose of determining the individual's identity and resolving the officer's suspicions. Field photographs - Posed photographs taken of a person during a contact, detention or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Video Recorder (MAV) system when persons are not posed for the purpose of photographing are not considered field photographs. Pat-down search - This type of search is used by officers in the field to check an individual for weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee or others. Reasonable suspicion - Occurs when, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity. 440.3 CONDUCTING FIELD INTERVIEWS Officers may stop individuals for the purpose of conducting an FI where reasonable suspicion is present. In justifying the stop, the officer should be able to point to specific facts which, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to: The appearance or demeanor of an individual that suggests they are part of a criminal enterprise or is engaged in a criminal act. The actions of the suspect that suggest they are engaged in a criminal activity. Field Interviews and Contacts - 307 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Field Interviews and Contacts Whether the hour of day or night is inappropriate for the suspect's presence in the area. The suspect's presence in the particular area is suspicious. The suspect is carrying a suspicious object. The suspect's clothing bulges in a manner that suggests they are carrying a weapon. The suspect is located in proximate time and place to an alleged crime. The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 440.3.1 INITIATING A FIELD INTERVIEW Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a person when there is articulable, reasonable suspicion to do so. A person, however, should not be detained longer than is reasonably necessary to resolve the officer's suspicions. Nothing in this policy is intended to discourage consensual contacts. Frequent and random casual contacts with consenting individuals is encouraged by the Brighton Police Department to strengthen community involvement, community awareness and problem identification. 440.3.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may be lost or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to coordinate with an on-scene supervisor and/or criminal investigator to utilize available personnel for the following: Identifying all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to their departure. Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by Department personnel. 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a Department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transport. 440.3.3 DURATION OF DETENTION A subject may be detained to conduct an FI only for the period reasonably necessary to determine the individual's identity and resolve the officer's suspicions. The interview should not extend beyond the immediate vicinity of the place of detention unless the detainee is arrested. Field Interviews and Contacts - 308 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Field Interviews and Contacts 440.4 CONSENSUAL SEARCHES An officer may conduct a consensual search of a person who is not under arrest, and any effects of the person or a vehicle as follows (CRS § 16-3-310): The person has apparent or actual authority to provide permission to search the vehicle or effects, if any. The person is informed that they are being asked to voluntarily consent to a search. The person is informed that they have the right to refuse the request to search. The person voluntarily provides consent. When asking for consent, officers should explain the scope of the search. Officers should stop a consent search if the person withdraws consent. Officers should, whenever practicable, obtain written consent. If written consent is not possible, the officer should record any verbal consent. 440.5 PAT-DOWN SEARCHES A pat-down search of a detained subject may be conducted whenever an officer reasonably believes the person may possess an object that can be utilized as an offensive weapon or whenever the officer has a reasonable fear for his/her own safety or the safety of others. Circumstances that may establish justification for performing a pat-down search include, but are not limited to, the following (see also CRS § 16-3-103(2)): The type of crime suspected, particularly in crimes of violence where the use or threat of weapons is involved. Where more than one suspect must be handled by a single officer. The hour of the day and the location or area where the stop takes place. Prior knowledge of the suspect's use of force and/or propensity to carry weapons. The appearance and demeanor of the suspect. Visual indications that suggest the suspect is carrying a firearm or other weapon. The age and gender of the suspect. When reasonably possible, pat-down searches should be performed by officers of the same gender as the suspect. 440.6 FIELD PHOTOGRAPHS All available databases should be searched before photographing any field detainee. If a photograph is not located, or if an existing photograph no longer resembles the detainee, the officer shall carefully consider, among other things, the factors listed in the sections listed below. 440.6.1 FIELD PHOTOGRAPHS WITH CONSENT Field photographs may be taken when the subject of the photograph knowingly and voluntarily gives consent. When taking a consensual photograph, the officer should request verbal consent and may have the individual read and sign a consent form regarding the photograph. Field Interviews and Contacts - 309 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Field Interviews and Contacts 440.6.2 FIELD PHOTOGRAPHS WITHOUT CONSENT Field photographs may be taken without consent only if they are taken during a detention that is based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. The officer must be able to articulate facts that reasonably indicate that the subject was involved in or was about to become involved in criminal conduct. If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. All field photographs and related reports shall be submitted to a supervisor and retained in compliance with this policy. 440.7 SUPERVISOR RESPONSIBILITIES WITH FIELD PHOTOGRAPHS While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices in view of the above listed considerations. This is not to imply that supervisor approval is required before each photograph is taken. Access to, and use of, field photographs shall be strictly limited to law enforcement purposes. 440.8 DISPOSITION OF PHOTOGRAPHS All detainee photographs must be adequately labeled and submitted to the Shift Sergeant with either an associated FI card or other memorandum explaining the nature of the contact. If an individual is photographed as a suspect in a particular crime, the photograph should be submitted as an evidence item in the related case, following standard evidence procedures. If a photograph is not associated with an investigation where a case number has been issued, the Shift Sergeant should review and forward the photograph to one of the following locations: If the photograph and associated FI or memorandum is relevant to criminal gang enforcement, the Shift Sergeant will forward the photo and documents to the gang unit supervisor. The gang unit supervisor will ensure the photograph and supporting documents are retained as prescribed in the Criminal Organizations Policy. Photographs that do not qualify for retention in the criminal gang file or that are not evidence in an investigation with an assigned case number shall be forwarded to the Records Section. These photographs will be purged as described in this policy. When a photograph is taken in association with a particular case, the investigator may use such photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part of the case file. All other photographs will be kept in compliance with the organization's records retention schedule. When a photograph of a child is taken in association with a particular case, before filing a complaint regarding the offense, the photograph may only be used in the investigation of the original offense and may only be released to the court. 440.8.1 PURGING FIELD PHOTOGRAPHS AND FI CARDS The Records Supervisor will be responsible for ensuring that photographs maintained by the Records Section that are more than one year old and no longer serve a law enforcement purpose shall be purged and disposed in compliance with the organization's records retention schedule. No record may be destroyed unless it is done in compliance with such a schedule or as ordered by a court or pursuant to other applicable statute. Field Interviews and Contacts - 310 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Field Interviews and Contacts Photographs that continue to serve a law enforcement purpose may be retained longer than one year, provided that a notation of that fact is added to the file for each additional year they are retained. Access to the field photograph/FI file shall be strictly limited to law enforcement purposes and personnel. A photograph need not be purged but may be retained as an updated photograph in a prior booking file if the person depicted in the photograph has been booked at the Brighton Police Department and the booking file remains in the Records Section. 440.9 FIELD PHOTOGRAPH AND FI CARD REVIEW POLICY Any person who has been the subject of a field photograph or an FI card by this department during any contact other than an arrest may file a written request within 30 days of the contact, requesting a review of the status of the photograph or FI card. The request shall be directed to the Chief of Police, who will ensure that the status of the photograph or FI is properly reviewed according to this policy as described below. Upon a verbal request, the Department shall send a request form to the requesting party along with a copy of this policy. 440.9.1 REVIEW PROCESS Upon receipt of such a written request, the Chief of Police or the authorized designee will permit the individual to appear in person. Any minor must be accompanied by a parent or legal guardian for a review of the status of the field photograph or Fl card. Such a meeting will generally be scheduled during regular business hours within 30 days of the receipt of the written request. An extension of the 30-day limit may be made either upon the mutual convenience of the parties or if, at the discretion of the Chief of Police, there appears to be an ongoing legitimate law enforcement interest which warrants a delay. If the delay could jeopardize an ongoing investigation, nothing in this policy shall require the Chief of Police to disclose the reason for the delay. A meeting for the review of the status of any non-arrest field photograph or FI card is not intended to be a formal hearing, but simply an informal opportunity for the individual to meet with the Chief of Police or the authorized designee to discuss the matter. After carefully considering the information available, the Chief of Police or the authorized designee will determine, generally within 30 days of the original meeting, whether the photograph/FI was obtained in accordance with existing law and Brighton Police Department policy and, even if properly obtained, whether there is any ongoing legitimate law enforcement interest in retaining the photograph/FI. If the Chief of Police or the authorized designee determines that the photograph/FI was obtained in accordance with existing law and Department policy and that there is an ongoing legitimate law enforcement interest in retaining the non-arrest photograph, the photograph/FI shall be retained according to this policy and applicable law. If the Chief of Police or the authorized designee determines that the original legitimate law enforcement interest in retaining a non-arrest photograph/FI card no longer exists or that it was obtained in violation of existing law or Brighton Police Department policy, the original photograph/FI card shall be purged and disposed in compliance with the organization's records retention schedule. All other associated reports or documents, however, will be retained according to Department policy and applicable law. Field Interviews and Contacts - 311 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Field Interviews and Contacts If the Chief of Police or the authorized designee determines that any involved Brighton Police Department personnel violated existing law or Department policy, the Chief of Police or the authorized designee shall initiate a separate internal investigation that may result in additional training, discipline or other appropriate action for the involved employee. The person photographed or who was the subject of an FI will be informed in writing within 30 days of the Chief of Police's determination whether the photograph/FI will be retained. This does not entitle any person to any discovery or access to any law enforcement records not otherwise authorized by law. Field Interviews and Contacts - 312 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 442 Brighton Police Department Policy Manual Criminal Organizations 442.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Brighton Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 442.1.1 DEFINITIONS Definitions related to this policy include: Criminal intelligence system - Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files. 442.2 POLICY The Brighton Police Department recognizes that certain criminal activities, including but not limited to gang crimes and drug trafficking, often involve some degree of regular coordination and may involve a large number of participants over a broad geographical area. It is the policy of this department to collect and share relevant information while respecting the privacy and legal rights of the public. 442.3 CRIMINAL INTELLIGENCE SYSTEMS No Department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use. Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20. A designated supervisor will be responsible for maintaining each criminal intelligence system that has been approved for department use. The supervisor or the authorized designee should ensure the following: Members using any such system are appropriately selected and trained. Use of every criminal intelligence system is appropriately reviewed and audited. Any system security issues are reasonably addressed. 442.3.1 SYSTEM ENTRIES It is the designated supervisor's responsibility to approve the entry of any information from a report, FI, photo or other relevant document into an authorized criminal intelligence system. If entries are made based upon information that is not on file with this department, such as open or public source documents or documents that are on file at another agency, the designated supervisor should ensure copies of those documents are retained by the Police Records Section. Any supporting documentation for an entry shall be retained by the Records Section in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system. Criminal Organizations - 313 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Criminal Organizations The designated supervisor should ensure that any documents retained by the Police Records Section are appropriately marked as intelligence information. The Records Supervisor may not purge such documents without the approval of the designated supervisor. 442.3.2 CRIMINAL GANG INVESTIGATIVE DATA SYSTEM It is the designated supervisor's responsibility to approve the entry of any information into a criminal intelligence system operated by the Colorado Bureau of Investigation (CRS § 24-33.5-415.3(3); CRS § 24-33.5-412(1)(i)). Entries into such a database shall be based upon criteria established by statute. 442.4 TEMPORARY INFORMATION FILES No member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department-approved Criminal Information Systems (CIS) only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of CIS entries. 442.4.1 FILE CONTENTS A temporary information file may only contain information and documents that, within one year, will have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence system. Information and documents contained in a temporary information file: Must only be included upon documented authorization of the responsible department supervisor. Should not be originals that would ordinarily be retained by the Records Section or Property and Evidence Section, but should be copies of, or references to, retained documents such as copies of reports, field interview (FI) forms, ADCOM records or booking forms. Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information. May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information. 442.4.2 FILE REVIEW AND PURGING The contents of a temporary information file shall not be retained longer than one year. At the end of one year, the contents must be purged or entered in an authorized criminal intelligence system, as applicable. The designated supervisor shall periodically review the temporary information files to verify that the contents meet the criteria for retention. Validation and purging of files is the responsibility of the supervisor. Criminal Organizations - 314 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Criminal Organizations 442.5 INFORMATION RECOGNITION Department members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to: Gang indicia associated with a person or residence. Information related to a drug-trafficking operation. Vandalism indicating an animus for a particular group. Information related to an illegal gambling operation. Department supervisors who utilize an authorized criminal intelligence system should work with the Professional Standards Unit to train members to identify information that may be particularly relevant for inclusion. 442.6 RELEASE OF INFORMATION Department members shall comply with the rules of an authorized criminal intelligence system regarding inquiries and release of information. Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need-to-know basis and consistent with the Police Records Maintenance and Release Policy. When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile's name is in a temporary information file, such information should be provided by the supervisor responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation. 442.7 CRIMINAL STREET GANGS The Detective Section supervisor should ensure that there are an appropriate number of Department members who can: Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with identification of criminal street gangs, criminal street gang members and patterns of criminal gang activity. Coordinate with other agencies in the region regarding criminal street gang crimes and information. Train other members to identify gang indicia and investigate criminal street gang-related crimes. 442.8 TRAINING The Professional Standards Unit should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include: The protection of civil liberties. Participation in a multiagency criminal intelligence system. Submission of information into a multiagency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes. Criminal Organizations - 315 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Criminal Organizations The type of information appropriate for entry into a criminal intelligence system or temporary information file. The review and purging of temporary information files. Criminal Organizations - 316 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 444 Brighton Police Department Policy Manual Patrol Supervisors 444.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with Department policies, procedures, practices, functions and objectives. To accomplish this goal, a Sergeant normally supervises each Watch. 444.2 CORPORALS When a Sergeant is unavailable for duty as Patrol Sergeant, in most instances a Corporal shall be designated as acting Patrol Sergeant. This policy does not preclude designating a less senior officer as an acting Patrol Sergeant when operational needs require or training permits. Patrol Supervisors - 317 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 446 Brighton Police Department Policy Manual Mobile Audio Video 446.1 PURPOSE AND SCOPE The Brighton Police Department has equipped some marked patrol cars with Mobile Audio Video (MAV) recording systems to provide records of events and assist officers in the performance of their duties. This policy provides guidance on the use of these systems. 446.1.1 DEFINITIONS Definitions related to this policy include: Activate - Any process that causes the MAV system to transmit or store video or audio data in an active mode. In-car camera system and Mobile Audio Video (MAV) - Synonymous terms which refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor. MAV technician - Personnel, certified or civilian, trained in the operational use and repair of MAVs, duplicating methods, storage and retrieval methods and procedures, and who possess a working knowledge of video forensics and evidentiary procedures. Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable media. 446.2 POLICY It is the policy of the Brighton Police Department to use mobile audio and video technology when possible to more effectively fulfill the Department's mission and to ensure these systems are used securely and efficiently. 446.3 OFFICER RESPONSIBILITIES At the start of each shift, officers should test the available MAV system's operation in accordance with manufacturer specifications and department operating procedures and training. At the end of the shift, each officer will follow the established procedures for providing to the Department any recordings or used media and any other related equipment. Each officer so equipped should have adequate recording media for the entire duty assignment. System documentation is accomplished by the officer recording his/her name and badge number and the current date and time at the start and again at the end of each shift. If the system is malfunctioning, the officer should notify a supervisor. 446.4 ACTIVATION OF THE MOBILE AUDIO VIDEO The MAV system is designed to turn on whenever an equipped unit's emergency lights are activated. The system remains on until it is turned off manually. The audio portion is independently controlled and should be activated manually by the officer whenever appropriate. When audio is being recorded, the video will also record. Mobile Audio Video - 318 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mobile Audio Video 446.4.1 REQUIRED ACTIVATION This policy is not intended to describe every possible situation in which the MAV system may be used, although there are many situations where its use is appropriate. An officer may activate the system any time the officer believes its use would be appropriate and/or valuable to document an incident. In some circumstances it is not possible to capture images of the incident due to conditions or the location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements as the MAV. The MAV system should be activated in any of the following situations. All field contacts involving actual or potential criminal conduct within video or audio range: 1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops) 2. Priority responses 3. Vehicle pursuits 4. Suspicious vehicles 5. Arrests 6. Vehicle searches 7. Physical or verbal confrontations or use of force 8. Pedestrian checks 9. DVVI/DUI investigations including field sobriety tests 10. Consensual encounters 11. Crimes in progress 12. Responding to an in-progress call All self-initiated activity in which an officer would normally notify ADCOM Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect: 1. Domestic violence calls 2. Disturbance of peace calls 3. Offenses involving violence or weapons Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Any other circumstance where the officer believes that a recording of an incident would be appropriate 446.4.2 CESSATION OF RECORDING Once activated, the MAV system should remain on until the incident has concluded. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been transported and all witnesses and victims have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a family member to arrive or in other similar situations. Mobile Audio Video - 319 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mobile Audio Video 446.4.3 WHEN ACTIVATION IS NOT REQUIRED Activation of the MAV system is not required when exchanging information with other officers or during breaks, lunch periods, when not in service or actively on patrol. No member of this department may surreptitiously record a conversation of any other member of this department except with a court order or when lawfully authorized by the Chief of Police or the authorized designee for the purpose of conducting a criminal or administrative investigation. 446.4.4 SUPERVISOR RESPONSIBILITIES Supervisors should determine if vehicles with non-functioning MAV systems should be placed into service. At reasonable intervals, supervisors should validate that: Beginning and end-of-shift recording procedures are followed. Logs reflect the proper chain of custody, including: 1. The tracking number of the MAV system media. 2. The date it was issued. 3. The law enforcement operator or the vehicle to which it was issued. 4. The date submitted. 5. Law enforcement operators submitting the media. 6. Holds for evidence indication and tagging as required. The operation of MAV systems by new employees is assessed and reviewed no less than biweekly. When an incident arises that requires the immediate retrieval of the recorded media serious crime scenes, officer-involved shootings, department-involved collisions), a supervisor shall respond to the scene and ensure that the appropriate supervisor, MAV technician or crime scene investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media. if feasible, Supervisors may activate the MAV system remotely to monitor a developing situation, such as a chase, riot or an event that may threaten public safety, officer safety or both, when the purpose is to obtain tactical information to assist in managing the event. Supervisors shall not remotely activate the MAV system for the purpose of surveillance regarding the conversations or actions of an officer. 446.5 REVIEW OF MAV RECORDINGS All recording media, recorded images and audio recordings are the property of the Department. Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required by law. To prevent damage to, or alteration of, the original recorded media, it shall not be copied, viewed or otherwise inserted into any device not approved by the Department, MAV technician or forensic media staff. When reasonably possible, a copy of the original media shall be used for viewing (unless otherwise directed by the courts) to preserve the original media in pristine condition. Mobile Audio Video - 320 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mobile Audio Video Recordings may be reviewed in any of the following situations: For use when preparing reports or statements By a supervisor investigating a specific act of officer conduct By a supervisor to assess officer performance To assess proper functioning of MAV systems By department investigators who are participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation By department personnel who request to review recordings By an officer who is captured on or referenced in the video or audio data and reviews and uses such data for any purpose relating to his/her employment. By court personnel through proper process or with permission of the Chief of Police or the authorized designee By the media through proper process or with permission of the Chief of Police or the authorized designee To assess possible training value Recordings may be shown for training purposes. If an involved officer objects to showing a recording, his/her objection will be submitted to the staff to determine if the training value outweighs the officer's objection. Employees desiring to view any previously uploaded or archived MAV recording should submit a request in writing to the Shift Sergeant. Approved requests should be forwarded to the MAV technician for processing. In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee. 446.6 DOCUMENTING USE If any incident is recorded with either the video or audio system, the existence of that recording shall be documented in the officer's report. If a citation is issued, the officer shall make a notation on the back of the records copy of the citation indicating that the incident was recorded. 446.7 RECORDING MEDIA STORAGE AND INTEGRITY Once submitted for storage, all recording media will be labeled and stored in a designated secure area. All recording media that is not booked as evidence, will be retained for a minimum of 180 days and disposed of in compliance with the established records retention schedule. 446.7.1 COPIES OF ORIGINAL RECORDING MEDIA Original recording media shall not be used for any purpose other than for initial review by a supervisor. Upon proper request, a copy of the original recording media will be made for use as authorized in this policy. Original recording media may only be released in response to a court order or upon approval by the Chief of Police or the authorized designee. In the event that an original recording is released to a court, a copy shall be made and placed in storage until the original is returned. Mobile Audio Video - 321 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mobile Audio Video 446.7.2 MAV RECORDINGS AS EVIDENCE Officers who reasonably believe that a MAV recording is likely to contain evidence relevant to a criminal offense, potential claim against the officer or against the Brighton Police Department should indicate this in an appropriate report. Officers should ensure relevant recordings are preserved. 446.8 SYSTEM OPERATIONAL STANDARDS MAV system vehicle installations should be based on officer safety requirements and vehicle and device manufacturer recommendations. The MAV system should be configured to minimally record for 30 seconds prior to an event. The MAV system may not be configured to record audio data occurring prior to activation. Unless the transmitters being used are designed for use, only one transmitter, usually the primary initiating officer's transmitter, should be activated at a scene to minimize interference or noise from other MAV transmitters. Officers using digital transmitters that are to their individual MAV shall activate both audio and video recordings when responding in a support capacity. This is to obtain additional perspectives of the incident scene. With the exception of law enforcement radios or other emergency equipment, other electronic devices should not be used inside a MAV-equipped law enforcement vehicle in order to intentionally interfere with the capability of the MAV system to record audio data. Officers shall not erase, alter, reuse, modify or tamper with MAV recordings. Only a supervisor, MAV technician or other authorized designee may erase and reissue previous recordings and may only do so pursuant to the provisions of this policy. To prevent damage, original recordings shall not be viewed on any equipment other than the equipment issued or authorized by the MAV technician. 446.9 MAV TECHNICIAN RESPONSIBILITIES The MAV technician is responsible for: Ordering, issuing, retrieving, storing, erasing and duplicating of all recorded media. Collecting all completed media for oversight and verification of wireless downloaded media. Once collected, the MAV technician: 1. Ensures it is stored in a secured location with authorized controlled access. 2. Makes the appropriate entries in the chain of custody log. Erasing of media: 1. Pursuant to a court order. 2. In accordance with established records retention policies, including reissuing all other media deemed to be of no evidentiary value. Assigning all media an identification number prior to issuance to the field: 1. Maintaining a record of issued media. Ensuring that an adequate supply of recording media is available. Mobile Audio Video - 322 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mobile Audio Video Managing the long-term storage of media that has been deemed to be of evidentiary value in accordance with the department evidence storage protocols and the records retention schedule. 446.10 TRAINING All members who are authorized to use the MAV system shall successfully complete an approved course of instruction prior to its use. Mobile Audio Video - 323 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 448 Brighton Police Department Policy Manual Mobile Data Terminals 448.1 PURPOSE AND SCOPE The Mobile Data Terminal (MDT) accesses confidential records from the Colorado Bureau of Investigation and Division of Motor Vehicles databases. Employees using the MDT shall comply with all appropriate federal and state rules and regulations. 448.2 MDT USE The MDT shall be used for official police communications only. Messages that are of a sexual, racist or offensive nature or are otherwise critical of any member of the Department are strictly forbidden. MDT use is also subject to the Department Technology Use Policy. Messages may be reviewed by supervisors at any time without prior notification. Employees generating or transmitting messages not in compliance with this policy are subject to discipline. All calls dispatched to patrol units should be communicated by voice and MDT, unless otherwise authorized by the Shift Sergeant. 448.2.1 MDT USE WHILE DRIVING Use of the MDT by the vehicle operator should generally be limited to times when the vehicle is stopped. When the vehicle is in motion, the operator should only attempt to read messages that are likely to contain information that is required for immediate enforcement, investigative or safety needs. At no time when the vehicle is in motion should the display be viewed by the driver for visual entertainment, including Internet browsing or the use of social media or e-mail (CRS § 42-4-201). Short transmissions, such as a license plate check, are permitted if it reasonably appears that it can be done safely. In no case shall an operator attempt to send or review messages while the vehicle is in motion. 448.2.2 DOCUMENTATION OF ACTIVITY MDT's and voice transmissions are used to record the officer's daily activity. To ensure the most accurate recording of these activities, the following are required: All contacts or activity shall be documented at the time of the contact. Whenever the activity or contact is initiated by voice, it shall be entered into the Computer Aided Dispatch (CAD) system by a dispatcher. Whenever the activity or contact is not initiated by voice, the officer shall record it on the MDT. 448.2.3 STATUS CHANGES All changes in status arrival at scene, meal periods, in service) will be transmitted verbally over the police radio or through the MDT system. Officers responding to in-progress calls shall advise changes in status verbally over the radio to assist other officers responding to the same incident. Mobile Data Terminals - 324 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mobile Data Terminals Other changes in status may be entered by depressing the appropriate keys on the MDT. 448.3 MDT CONSIDERATIONS 448.3.1 MALFUNCTIONING MDTS Whenever reasonably possible, officers will not use units with malfunctioning MDTs. Whenever officers must drive a unit in which the MDT is not working, they shall notify ADCOM. It shall be responsibility of ADCOM to record all information that will then be transmitted verbally over the police radio. Mobile Data Terminals - 325 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 450 Brighton Police Department Policy Manual Use of Audio/Video Recorders 450.1 PURPOSE AND SCOPE This policy provides guidelines for the use of audio/video recording devices by members of this Department while in the performance of their duties. This policy does not apply to surreptitious interception of electronic communications for lawful authorized investigative purposes or to mobile audio video recordings (see Mobile Video Recorders Policy). 450.2 POLICY The Brighton Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. 450.3 PRIVACY All recordings made by personnel acting in their official capacity as members of this Department shall remain the property of the Department and should not be considered private, regardless of whether those recordings were made with Department-issued or personally owned recorders. 450.4 ACTIVATING RECORDERS Members of the Department are encouraged to activate their recorders at any time the member reasonably believes a recording of an on-duty contact with a member of the public may be of future benefit. At no time should a member jeopardize their safety in order to activate a recorder or change the recording media. Members of the Department are prohibited from utilizing Department recorders and recording media for personal use. No member of this Department may surreptitiously record a conversation of any other member of this Department, except with a court order or when authorized by the Chief of Police or the authorized designee for the purpose of conducting a criminal investigation or as an administrative function. 450.5 ACTIVATION OF THE AUDIO/VIDEO RECORDER Members should activate the recorder during all enforcement stops and field interrogation situations and any other time the member reasonably believes that a recording of an on-duty contact may be useful. Once started, recordings should continue without interruption until the contact ends, if feasible. At no time is a member expected to jeopardize their safety in order to activate a recorder or change the recording media. However, the recorder should be activated in required situations as soon as practicable. Use of Audio/Video Recorders - 326 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Use of Audio/Video Recorders 450.5.1 SURREPTITIOUS USE OF THE AUDIO/VIDEO RECORDER Colorado law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission (CRS § 18-9-303). Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the officer reasonably believes that such a recording will be beneficial to the investigation. Members shall not surreptitiously record another department member without a court order or when lawfully authorized by the Chief of Police or the authorized designee. 450.6 PROHIBITED USE OF AUDIO/VIDEO RECORDERS Members are prohibited from using Department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on-duty without the express consent of the Shift Sergeant. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements. Recordings shall not be used by any member for the purpose of embarrassment or ridicule. Any member who may have questions regarding the application of this policy is encouraged to seek clarification from supervisory personnel. 450.7 RETENTION OF RECORDINGS Any time a member records any portion of a contact that the member reasonably believes constitutes evidence in a criminal case, the member shall record the related case number and download the file in accordance with the Computers and Digital Evidence Policy and document the existence of the recording in the related case report. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter a hostile contact), the member should notify a supervisor of the existence of the recording. Members should upload the file, in accordance with current procedure for storing digital files, at the end of their shift and any time the storage capacity is nearing its limit. 450.7.1 RETENTION REQUIREMENTS All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule but in no event for a period less than 180 days. Use of Audio/Video Recorders - 327 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Use of Audio/Video Recorders 450.8 RELEASE OF RECORDINGS Recordings made using portable recording devices pursuant to this policy are Department records and may only be released as provided in the Records Release and Security Policy or for other authorized legitimate department business purposes. 450.9 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource. However, members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct, reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance. Recorded files may also be reviewed: Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. By media personnel with permission of the Chief of Police or the authorized designee. In compliance with a public records request, if permitted, and in accordance with the Records Release and Security Policy. Use of Audio/Video Recorders - 328 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 452 Brighton Police Department Policy Manual Medical Marijuana 452.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this Department with guidelines for investigating the acquisition, possession, transportation, delivery, production or use of marijuana under Colorado's medical marijuana laws. 452.1.1 DEFINITIONS Definitions related to this policy include: Allowed amount of marijuana - No more marijuana than is medically necessary to address a debilitating medical condition. Though the amount may be greater, anything at or below the following amount qualifies as an allowed amount (Colorado Const. Art. 18, § 14): No more than two ounces of a usable form of marijuana No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana Medical use - The acquisition, possession, production, use or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the or effects of a patient's debilitating medical condition, which may be authorized only after a diagnosis of the patient's debilitating medical condition by a physician (Colorado Const. Art. 18, § 14). Patient - A person who has a debilitating medical condition (Colorado Const. Art. 18, § 14). Primary care-giver - A person, other than the patient and the patient's physician, who is 18 years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition (Colorado Const. Art. 18, § 14). Registry Identification Card (RIC) - That document, issued by the Colorado Department of Public Health and Environment, which identifies a patient authorized to engage in the medical use of marijuana and such patient's primary caregiver, if one has been designated (Colorado Const. Art. 18, § 14). Usable form of marijuana - The seeds, leaves, buds and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use. It does not include the plant's stalks, stems and roots. 452.2 POLICY It is the policy of the Brighton Police Department to prioritize resources to avoid making arrests related to marijuana that the arresting officer reasonably believes would not be prosecuted by state or federal authorities. Colorado medical marijuana laws are intended to provide protection from prosecution to those who acquire, possess, manufacture, produce, use, sell, distribute, dispense or transport marijuana for debilitating medical conditions. However, Colorado medical marijuana laws do not affect federal laws and there is no medical exception under federal law for the possession or distribution of marijuana. The Brighton Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably Medical Marijuana - 329 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Medical Marijuana burdening both those individuals protected under Colorado law and the resources of the Department. 452.3 INVESTIGATIONS Investigations involving the acquisition, possession, manufacture, production, use, sale, distribution, dispensing or transportation of marijuana generally fall into one of the following categories: Investigations when no person makes a medicinal claim. Investigations when a medical use claim is made by an adult who has not been issued a RIC. Investigations when a medical use claim is made by an adult who has been issued a RIC. Investigations when a medical use claim is made by a juvenile. 452.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM In any investigation involving the possession, delivery, production or use of marijuana or drug paraphernalia where no person claims that the marijuana is being used for medicinal purposes, the officer should proceed with a criminal investigation if the amount is greater than permitted for personal use of marijuana under the Colorado Constitution (Colorado Const. Art. 18, § 16). A medicinal defense may be raised at any time, so officers should document any statements and observations that may be relevant as to whether the marijuana was possessed or produced for medicinal purposes. 452.3.2 INVESTIGATIONS INVOLVING A MEDICAL USE CLAIM BY AN ADULT WHO HAS NOT BEEN ISSUED A RIC An adult making a medical use claim, either as a patient or primary caregiver should not be arrested for a marijuana related offense when: The patient or primary caregiver (Colorado Const. Art. 18, § 14(2)): 1. Was previously diagnosed by a physician as having a debilitating medical condition. 2. Was advised by his/her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition. 3. Was collectively in possession of an allowed amount of marijuana. The amount is permitted for personal use of marijuana under the Colorado Constitution (Colorado Const. Art. 18, § 16). A copy of an application submitted to the Colorado Department of Public Health and Environment, including the written documentation and proof of the date of mailing or other transmission of the written documentation shall be accorded the same legal effect as a RIC, until such time as the patient receives notice that the application has been denied (Colorado Const. Art. 18, § 14(3)(d)). Medical Marijuana - 330 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Medical Marijuana 452.3.3 INVESTIGATIONS INVOLVING A MEDICAL USE CLAIM BY AN ADULT WHO HAS BEEN ISSUED A RIC An adult making a medical use claim, either as a patient or primary caregiver, shall not be arrested for a marijuana related offense when all of the following exist (Colorado Const. Art. 18, § 14(2)): The patient or primary caregiver is in lawful possession of a RIC. The marijuana in question is for medical use. The patient or primary caregiver is in possession no more than two ounces of a usable form of marijuana; and no more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. A patient or primary caregiver in lawful possession of a RIC should not be arrested for any quantity of marijuana above the specified amounts of marijuana (two ounces, six plants) if the amount is no more than is medically necessary to address a debilitating medical condition. 452.3.4 INVESTIGATIONS RELATED TO A MEDICAL USE CLAIM BY A JUVENILE A juvenile under the age of 18 shall not be arrested for a marijuana related offense if all of the following conditions exist (Colorado Const. Art. 18, § 14(6)): The juvenile is in lawful possession of a RIC. The juvenile and parental primary caregiver collectively possesses no more than an allowed amount of marijuana. The parental primary caregiver controls the acquisition, dosage and frequency of use of the marijuana. 452.3.5 ADDITIONAL CONSIDERATIONS Officers should consider the following when investigating an incident involving marijuana possession, delivery, production or use: Officers shall immediately notify the Colorado Department of Public Health and Environment when any person in possession of a RIC has been determined by a court of law to have willfully violated the provisions of medical marijuana laws or has pled guilty to such an offense (Colorado Const. Art. 18, § 14(3)). Because enforcement of medical marijuana laws can be complex, time consuming and call for resources unavailable at the time of initial investigation, officers may consider submitting a report to the prosecutor for review, in lieu of making an arrest. This can be particularly appropriate when: 1. The suspect has been identified and can be easily located at another time. 2. The case would benefit from review by a person with expertise in medical marijuana investigations. 3. Sufficient evidence, such as photographs or samples, has been lawfully obtained. 4. Any other relevant factors, such as available department resources and time constraints. Whenever the initial investigation reveals an amount of marijuana greater than that specified by law, officers should consider: Medical Marijuana - 331 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Medical Marijuana 1. The amount of marijuana recommended by a medical professional to be ingested. 2. The quality of the marijuana. 3. The method of ingestion smoking, eating, nebulizer). 4. The timing of the possession in relation to a harvest (patient may be storing marijuana). 5. Whether the marijuana is being cultivated indoors or outdoors, the climate, etc. Before proceeding with enforcement related to a locally approved business that cultivates, manufactures, or sells medical marijuana or medical marijuana-infused products, officers should consider conferring with appropriate legal counsel. 452.3.6 EXCEPTIONS Officers may take enforcement action against a patient or primary caregiver who (Colorado Const. Art. 18, § 14(5); CRS § 25-1.5-106): Engages in the medical use of marijuana in a way that endangers the health or well-being of any person. Engages in the medical use of marijuana in plain view of, or in a place open to, the general public. Undertakes any task while under the influence of medical marijuana, when doing so would constitute negligence or professional malpractice. Possesses medical marijuana or otherwise engages in using medical marijuana on school grounds or in a school bus. Engages in the use of medical marijuana in a correctional facility, community corrections facility or in a vehicle, aircraft or motorboat. Engages in the use of medical marijuana while sentenced to jail/prison. Operates, navigates or is in actual physical control of any vehicle, aircraft or motorboat while under the influence of medical marijuana. 452.4 FEDERAL LAW ENFORCEMENT Officers should provide information regarding a marijuana investigation to federal law enforcement authorities when it is requested by federal law enforcement authorities or whenever the officer believes those authorities would have a particular interest in the information. 452.5 PROPERTY AND EVIDENCE SECTION SUPERVISOR RESPONSIBILITIES The Property and Evidence Section Supervisor shall ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not harmed, neglected, injured or destroyed (Colorado Const. Art. 18, § 14(2)(e)). Upon the prosecutor's decision to forgo prosecution, or the dismissal of charges or an acquittal, the Property and Evidence Section Supervisor shall immediately return any useable marijuana, plants, drug paraphernalia or other related property to the person from whom it was seized (Colorado Const. Art. 18, § 14(2)(e)). Medical Marijuana - 332 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Medical Marijuana The Property and Evidence Section Supervisor should not destroy marijuana that was alleged to be for medical purposes except upon receipt of a court order. The Property and Evidence Section Supervisor may release marijuana to federal law enforcement authorities upon presentation of a valid court order or by a written order of the Detective Section Supervisor. Medical Marijuana - 333 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 454 Brighton Police Department Policy Manual Police Bicycle Patrol 454.1 PURPOSE AND SCOPE The Brighton Police Department has established the Bicycle Patrol Unit for the purpose of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective way to increase officer visibility in congested areas. A bicycle's quiet operation can provide a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines for the safe and effective operation of the patrol bicycle. 454.2 POLICY Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control or special events. Its mobility and visibility in the community are hallmarks of its usefulness. Bicycles may be deployed to any area at all hours of the day or night, according to Department needs and as staffing levels allow. Requests for specific deployment of bicycle patrol officers shall be coordinated through the Bicycle Patrol Unit supervisor or the Shift Sergeant. 454.3 SELECTION OF PERSONNEL Interested certified personnel, who are off probation, shall submit a written request to their appropriate Captain. A copy will be forwarded to the Bicycle Patrol Unit supervisor. Qualified applicants will then be invited to an oral interview. The oral board will consist of the Bicycle Patrol Unit supervisor and a second person to be selected by the Bicycle Patrol Unit supervisor. Interested personnel shall be evaluated by the following criteria: Recognized competence and ability as evidenced by performance Special skills or training as they pertain to the assignment Good physical condition Willingness to perform duties using the bicycle as a mode of transportation 454.3.1 BICYCLE PATROL SUPERVISOR The Bicycle Patrol Unit supervisor will be selected by the Police Operations Captain or the authorized designee. The Bicycle Patrol Unit supervisor shall have responsibility for the following: Organizing bicycle patrol training Inspecting and maintaining inventory of patrol bicycles and program equipment Scheduling maintenance and repairs Evaluating the performance of bicycle officers Coordinating activities with the Police Operations Division Inspecting and documenting, no less than every three months, that bicycles not in active service are in a serviceable condition Other activities as required to maintain the efficient operation of the unit Police Bicycle Patrol - 334 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Bicycle Patrol 454.4 TRAINING Participants in the program must complete an initial Department approved bicycle training course after acceptance into the program. Thereafter, bicycle patrol officers should receive yearly in-service training to improve skills and refresh safety, health and operational procedures. The initial training shall minimally include the following: Bicycle patrol strategies Bicycle safety and accident prevention Operational tactics using bicycles Bicycle patrol officers will be required to qualify with their duty firearm while wearing bicycle safety equipment, including the helmet and riding gloves. 454.5 UNIFORMS AND EQUIPMENT Officers shall wear the department-approved uniform and safety equipment while operating the department bicycle. Safety equipment includes department-approved helmet, riding gloves, protective eyewear and approved footwear. The bicycle patrol unit uniform consists of the standard short-sleeve uniform shirt or other department-approved shirt with Department badge and patches, and department-approved bicycle patrol pants or shorts. Optional equipment includes a jacket in colder weather. Insulated clothing is permitted when worn under the uniform shirt, and a radio head set and microphone. Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would on a regular patrol assignment. Officers will be responsible for obtaining the necessary forms, citation books and other Department equipment needed while on bicycle patrol. 454.6 CARE AND USE OF POLICE BICYCLES Officers will be assigned a specially marked and equipped patrol bicycle, attached gear bag, batteries and a charger. Bicycles utilized for uniformed bicycle patrol shall be primarily black or white with a "Police" decal affixed to each side of the crossbar or the bike's saddlebag or attached gear bag. Every such bicycle shall be equipped with front and rear reflectors, front and rear lamps and a siren/horn. Lamps and reflectors must meet legal requirements. Bicycles utilized for uniformed bicycle patrol shall be equipped with a rear rack for attached gear bags and/or saddle bags sufficient to carry the necessary equipment for handling routine patrol calls, including report writing, vehicle storage and citations. Each bicycle gear bag shall include a first-aid kit, tire pump, repair tool, tire tube, security lock with chain/cable, equipment information and use manuals. These items are to remain with/on the bicycle at all times. Each bicycle shall be equipped with flashing, oscillating or rotating red signal light that is visible from the front, sides or rear of the bicycle (CRS § 42-4-213). Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to ensure proper working order of the equipment. Officers are responsible for the routine care Police Bicycle Patrol - 335 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Bicycle Patrol and maintenance of their assigned equipment tire pressure, chain lubrication, overall cleaning). If a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed and forwarded to the program supervisor for repair by an approved technician. Each bicycle will have scheduled maintenance twice yearly, to be performed by a repair shop/technician that is approved by the Department. At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next tour of duty. Officers shall not modify the patrol bicycle, remove, modify or add components except with the express approval of the bicycle supervisor or in the event of an emergency. Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car push-bumper is discouraged. Bicycles shall be properly secured when not in the officer's immediate presence. 454.7 OFFICER RESPONSIBILITIES Officers should operate the bicycle in compliance with Colorado law, unless their duties require otherwise. Officers may operate the bicycle without lighting equipment during hours of darkness only when it reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment or in violation of routine rules of the road. Police Bicycle Patrol - 336 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 458 Brighton Police Department Policy Manual Foot Pursuits 458.1 PURPOSE AND SCOPE Foot pursuits are inherently dangerous and require common sense, sound tactics and heightened officer safety awareness. This policy sets forth guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot by balancing the objective of apprehending the suspect with the risk of potential injury to the officer, the public or the suspect. 458.1.1 POLICY It is the policy of this Department when deciding to initiate or continue a foot pursuit that officers must continuously balance the objective of apprehending the suspect with the risk and potential for injury to Department personnel, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. Absent exigent circumstances, the safety of Department personnel and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and Department personnel. 458.2 DECISION TO PURSUE Officers may be justified in initiating a foot pursuit of any individual the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. However, this decision must be continuously reevaluated in light of the circumstances presented at the time. Mere flight by a person who is not suspected of criminal activity shall not serve as the sole justification for engaging in an extended foot pursuit without the development of reasonable suspicion regarding the individual's involvement in criminal activity. Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits potentially place Department personnel and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances reasonably permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to pursuit based upon the circumstances and resources available, such as the following: Containment of the area Canine search Saturation of the area with patrol personnel Air support Apprehension at another time, when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to Foot Pursuits - 337 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Foot Pursuits immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the pursuit. 458.3 FOOT PURSUIT GUIDELINES Unless the officer reasonably believes that exigent circumstances exist (e.g. a serious threat to the safety of personnel or members of the public), officers should consider alternatives to engaging in or continuing a foot pursuit under the following conditions: When directed by a supervisor to terminate the foot pursuit, such an order shall be considered mandatory. The officer is acting alone. When two or more officers become separated, lose visual contact with one another or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort. The officer is unsure of their location and direction of travel. When pursuing multiple suspects and the pursuing officers do not reasonably believe that they would be able to control the suspect should a confrontation occur. When the physical condition of the officers renders them incapable of controlling the suspect if apprehended. When the officer loses radio contact with ADCOM or with backup officers. When the suspect enters a building, structure, confined space or a wooded or otherwise isolated area and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the pursuit and coordinating containment pending the arrival of sufficient officers. The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. The officer reasonably believes that the danger to the pursuing officers or public outweighs the objective of immediate apprehension. The officer loses possession of their firearm or other essential equipment. The officer or a third party is injured during the pursuit, requiring immediate assistance and there are no other emergency personnel available to render assistance. The suspect's location is no longer definitely known. The identity of the suspect is established or other information exists that will allow for the suspect's apprehension at a later time, and it reasonably appears that there is no immediate threat to Department personnel or the public if the suspect is not immediately apprehended. The officer's ability to safely continue the pursuit is impaired by inclement weather, darkness or other conditions. 458.4 RESPONSIBILITIES IN FOOT PURSUITS 458.4.1 INITIATING OFFICER RESPONSIBILITIES Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit. When acting alone and when practicable, the initiating officer should not attempt to overtake and confront the suspect but should attempt Foot Pursuits - 338 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Foot Pursuits to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect. Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should broadcast the following information as soon as it becomes practicable and available: Unit identifier Location and direction of travel Reason for the foot pursuit Number of suspects and description Whether the suspect is known or believed to be armed Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated. Absent extenuating circumstances, any officer unable to and effectively broadcast this information should terminate the pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be implemented and alternatives considered based upon the circumstances and available resources. When a foot pursuit terminates, the officer will notify ADCOM of their location and the status of the pursuit termination suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary. 458.4.2 ASSISTING OFFICER RESPONSIBILITIES Whenever any officer announces that they are engaged in a foot pursuit, all other officers should minimize nonessential radio traffic to permit the involved officers maximum access to the radio frequency. Any officer who is in a position to intercept a fleeing suspect or who can assist the primary officer with the apprehension of the suspect, shall act reasonably and in accordance with Department policy, based upon available information and their own observations. 458.4.3 SUPERVISOR RESPONSIBILITIES Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever reasonably possible. The supervisor does not, however, need to be physically present to exercise control over the pursuit. The supervisor should continuously assess the situation in order to ensure the foot pursuit is conducted within established Department guidelines. The supervisor should terminate the foot pursuit when the danger to pursuing officers or the public appears to unreasonably outweigh the objective of immediate apprehension of the suspect. Upon apprehension of the suspect, the supervisor should proceed to the termination point to direct the post-pursuit activity. Foot Pursuits - 339 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Foot Pursuits 458.4.4 ADCOM RESPONSIBILITIES Upon being notified or becoming aware that a foot pursuit is in progress, ADCOM personnel shall, as soon as practicable, notify the field supervisor and provide available information. In addition, ADCOM personnel are also shall: Clear the radio channel of nonemergency traffic. Repeat the transmissions of the pursuing officer as needed. Ensure that a field supervisor is notified of the pursuit. Relay all pertinent information to responding personnel. Contact additional resources as indicated. Coordinate response of additional resources to assist with the foot pursuit. 458.5 REPORTING REQUIREMENTS The initiating officer shall complete the appropriate crime/arrest reports documenting, at minimum: The reason for initiating the foot pursuit. The identity of involved personnel. The course and approximate distance of the pursuit. Whether a suspect was apprehended as well as the means and methods used. 1. Any use of force shall be reported and documented in compliance with the Use of Force Policy. Any injuries or property damage. Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed. In any case in which a suspect is not apprehended and there is insufficient information to warrant further investigation, a supervisor may advise the initiating officer that they need not complete a supplemental report in conjunction with the report normally required to document the incident. Foot Pursuits - 340 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 460 Brighton Police Department Policy Manual Automated License Plate Readers (ALPR) 460.1 PURPOSE AND SCOPE Automated License Plate Reader (ALPR) technology, also known as License Plate Recognition, provides automated detection of license plates. The ALPR is used by the Brighton Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. The ALPR may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. 460.2 ADMINISTRATION OF ALPR DATA All installation and maintenance of ALPR equipment, as well as ALPR data retention and access shall be managed by a Police Operations Lieutenant. The Lieutenant will assign personnel under their command to administer the day-to-day operation of the ALPR equipment and data. 460.3 ALPR OPERATION Use of an ALPR is restricted to the purposes outlined below. Department personnel shall not use, or allow others to use, the equipment or database records for any unauthorized purpose. An ALPR shall only be used for official and legitimate law enforcement business. An ALPR may be used in conjunction with any patrol operation or official department investigation. Reasonable suspicion or probable cause is not necessary before using an ALPR. While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. No member of this department shall operate ALPR equipment or access ALPR data without first completing Department-approved training. If practicable, the officer should verify an ALPR response through the Colorado Bureau of Investigation before taking enforcement action that is based solely upon an ALPR alert. No ALPR operator may access the Colorado Bureau of Investigation data unless authorized to do so. 460.4 ALPR DATA COLLECTION AND RETENTION All data and images gathered by ALPR are for the official use of the Brighton Police Department and because such data may contain confidential information, it is not open to public review. ALPR information gathered and retained by this department may be used and shared with prosecutors or others only as permitted by law. Automated License Plate Readers (ALPR) - 341 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Automated License Plate Readers (ALPR) The Support Services Captain is responsible to ensure proper collection and retention of ALPR data, and for transferring ALPR data stored in department vehicles to the department server on a regular basis, not to exceed 30 days between transfers. All ALPR data downloaded to the server should be stored for the minimum period established by department records retention guidelines and thereafter may be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 460.5 ACCOUNTABILITY AND SAFEGUARDS All saved data will be closely safeguarded and protected by both procedural and technological means. The Brighton Police Department will observe the following safeguards regarding access to and use of stored data: All non-law enforcement requests for access to stored ALPR data shall be referred to the Records Manager and processed in accordance with applicable law. All ALPR data downloaded to the mobile work station and server shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time. Persons approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action. Such ALPR data may be released to other authorized and verified law enforcement officials and agencies at any time for legitimate law enforcement purposes. ALPR system audits should be conducted on a regular basis. Automated License Plate Readers (ALPR) - 342 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 464 Brighton Police Department Policy Manual Homeless Persons 464.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The Brighton Police Department recognizes that members of the homeless community are often in need of special protection and services. The Brighton Police Department will address these needs in balance with the overall mission of this department. Therefore, officers will consider the following policy when serving the homeless community. 464.1.1 POLICY It is the policy of the Brighton Police Department to provide law enforcement services to all members of the community while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this Department will not use homelessness solely as a basis for detention or law enforcement action. 464.2 FIELD CONTACTS Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a nonviolent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals, counseling and summons and release in lieu of physical arrest. Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent such services may be appropriate. 464.2.1 INVESTIGATIONS INVOLVING HOMELESS PERSONS Homeless members of the community will receive the same level and quality of service provided to other members of our community. The fact that a victim or witness is homeless can, however, require special consideration for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects: Document alternate contact information. This may include obtaining addresses and telephone numbers of relatives and friends. Document places the homeless person may frequent. Provide homeless victims with victim/witness resources when appropriate. Obtain statements from all available witnesses in the event a homeless victim is unavailable for a court appearance. Consider whether the person may be a dependent adult or elder and if so, proceed in accordance with the Vulnerable Adult Abuse Policy. Arrange for transportation for investigation-related matters, such as medical exams and court appearances. Homeless Persons - 343 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Homeless Persons Consider whether a crime should be reported and submitted for prosecution even when a homeless victim indicates they do not desire prosecution. 464.3 PERSONAL PROPERTY The personal property of homeless persons must not be treated differently than the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person. When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure their personal property. Otherwise, the arrestee's personal property should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor's responsibility to coordinate the removal and safekeeping of the property. Officers should not conduct or assist in cleanup operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor. When practicable, requests by the public for cleanup operations of a homeless encampment should be referred to a supervisor. Officers who encounter unattended encampments, bedding or other personal property in public areas that reasonably appear to belong to a homeless person should not remove or destroy such property and should inform a supervisor if such property appears to involve a trespass, is a blight to the community or is the subject of a complaint. It will be the responsibility of the supervisor to address the matter in a timely fashion. 464.4 MENTAL ILLNESSES AND MENTAL IMPAIRMENTS Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall not detain a homeless person for an emergency admission to a mental health facility unless facts and circumstances warrant such a detention. When a mental illness hold is not warranted, the contacting officer should provide the homeless person with contact information for mental health assistance, as appropriate. In these circumstances, officers may provide transportation to a mental health specialist if requested by the person and approved by a supervisor. 464.5 ECOLOGICAL CONSIDERATIONS Sometimes homeless encampments can affect the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. Homeless Persons - 344 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 465 Brighton Police Department Policy Manual Tornado Warning Sirens 465.1 PURPOSE AND SCOPE The City of Brighton has a Tornado Warning Siren System to warn community members to seek shelter and gather additional weather emergency information. 465.1.1 DEFINITIONS TORNADO WATCH: a National Weather Service declaration that atmospheric conditions and storm content may produce a tornado TORNADO WARNING: a National Weather Service declaration when there are radar and other indications that a tornado may be possible or funnel clouds have been sighted or have touched down TORNADO WARNING SIREN ACTIVATION: the activation of the Emergency Warning Siren system BRIGHTON ALERT: Computer based warning system loaded from the City of Brighton website that provides National Weather Service and other alerts 465.1.2 WEATHER NOTIFICATION SOURCES The City of Brighton has several types of weather notification sources: 1. National Weather Service (NWS) issued watches and warnings that are sent to: The Brighton Police Department The Brighton Fire Rescue District ADCOM 2. Brighton Alert computer based warning system which sends NWS notices and other alerts to Brighton Alert subscribers 3. Emergency Manager Weather Information Network (EMWIN) which sends notices to the Emergency Manager and Command Staff 4. Skyview Weather which is a contract weather forecasting service which sends area specific weather reports to the City of Brighton 465.1.3 TORNADO WATCH When a TORNADO WATCH for the general City of Brighton area is issued by the NWS, ADCOM or other available sources will immediately notify the on duty patrol supervisor. Police personnel should continue their normal activities and should have an increased awareness of weather conditions. 465.1.4 TORNADO WARNING When a TORNADO WARNING for the general City of Brighton area is issued by the NWS, ADCOM or other available sources will immediately notify the on duty patrol supervisor. The on duty patrol supervisor will notify all on duty patrol officers of the TORNADO WARNING and direct them to monitor and report back on existing weather conditions. Tornado Warning Sirens - 345 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Tornado Warning Sirens The on duty patrol supervisor will also provide weather condition updates to ADCOM, designated Emergency Management personnel and Command Staff personnel. 465.1.5 TORNADO WARNING SIRENS ACTIVATION The Tornado Warning Siren System will be activated during a TORNADO WARNING for any of the following conditions in or near the City: Confirmed sighting of a funnel cloud NWS radar indicates a cloud rotation is occurring Any combination of severe weather conditions associated with a tornado, including but not limited to: 1. Low visibility caused by heavy rains, low-lying clouds and/or high winds 2. Dark, often greenish skies 3. Intense or heavy hail 4. Wall cloud or cloud rotation 5. A loud roar, similar to a freight train Officers will report any tornado sightings and/or severe weather conditions to their supervisor The on duty patrol supervisor will report these conditions to ADCOM, Police Records and available Command Staff 1. Always err on the side of caution! If the City is listed in the NWS Tornado Warning area and, based upon the totality of circumstances, it appears that a tornado is imminent, then the tornado sirens should be activated. The primary decision maker for activating the tornado sirens is the on duty patrol supervisor. 1. If the patrol supervisor is not available for any reason, then any member of the Police Department or Fire District may authorize the activation of the tornado sirens. Tornado sirens may be activated more than once for ongoing tornado activity. 465.1.6 TORNADO WARNING SIREN ACTIVATION SITES Primary Activation Site 1. Police Records is the primary tornado siren activation site during their normal hours of operation which is from 0600 hours to 2400 hours. 2. ADCOM is the primary tornado siren activation site when Police Records is not open. Secondary Activation Site 1. ADCOM is the secondary tornado siren activation site anytime Police Records is not available. Tertiary Activation Sites 1. Emergency Management, City Information Technology Department, Police Command Staff or other personnel trained in tornado siren activation Tornado Warning Sirens - 346 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Tornado Warning Sirens 465.1.7 REQUIRED NOTIFICATIONS Anytime the tornado warning sirens are activated, the following notifications will be made by on duty personnel: Police Records ADCOM Police Department Command Staff Emergency Management Fire District Command Staff City Manager City Public Information Officer 27J School District Administration 465.1.8 TORNADO WARNING SIREN TESTING Tornado warning sirens will be tested on a regular basis. An audible tornado warning siren test will be conducted for five minutes on the first Wednesday of every month at 1100 hours. A silent tornado warning siren test will be conducted on the remaining Wednesdays at 1100 hours. Emergency Management will publish an annual schedule for Police Records, ADCOM and Emergency Management to rotate audible tornado warning siren tests and silent tornado warning siren tests on a regular basis. Problems encountered with any tornado warning siren testing will be reported immediately to Emergency Management. 1. Emergency Management will contact the City Information Technology Department for assistance. Tornado Warning Sirens - 347 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 467 Brighton Police Department Policy Manual Assisting Bail Bond Agents and Bail Bond Recovery Agents (Bounty Hunters) 467.1 PURPOSE AND SCOPE The purpose of the section is to provide guidance to police officers who may be called upon to assist Bail Bond Agents who are attempting to apprehend defendants who default on their bail bond. 467.1.1 BACKGROUND AND LEGAL BASIS There are no Colorado statues that address the scope of a Bail Bond Agent's search and seizure authority and the manner of its exercise. The search and seizure authority of a Bail Bond Agent is derived from common law and case law: An 1872 United States Supreme decision Taylor v. Taintor, U.S. (16 Wall.) 366 (1872) held that a bail bond agent may seize and deliver up a defendant out on bond and may pursue him into another State; may arrest him on the Sabbath; and is necessary, may break and enter his house for that purpose." A 2009 Colorado Court of Appeals decision People v. Oram, 217 P.3d 883 (Colo App. 2009) held that pursuant to common law, a recovery agent is authorized to enter into a principal's (defendant) residence to seize the principal and deliver them to the custody of the surety when the entry into the principal's residence is necessary. This case was based on an incident where a Bounty Hunter entered a residence that was not the defendant's principal residence. The Bounty Hunter was convicted of 2nd Degree Burglary. In Colorado, Bail Bond Agents who provide surety bond often hire Bail Bond Recovery Agents (Bounty Hunters) to recover the defendant who has defaulted on the conditions of the bond. Bail Bond Recovery Agents in Colorado are required to pass a CBI background investigation and complete a 16 hour POST Certified training class. It is the responsibility of the Bail Bond Agent to make certain that the Bail Bond Recovery Agents is in compliance with these statutory requirements as contained in CRS 12-7-105.5 467.1.2 PROCEDURES The common law powers given to Bail Bond Agents only extend to the person who is the subject of the bond and only to the forcible entry of that person's principal residence. Their search and seizure powers do not extend to other people and other places. With the unique powers given to Bail Bond Agents and Bond Recovery Agents, it is critical that police officers comply with the search and seizure and arrest standards given to law enforcement officers. Police officers must not act outside those legal standards when assisting Bail Bond and Recovery Agents. The following procedures will be followed when responding to these incidents: Assisting Bail Bond Agents and Bail Bond Recovery Agents (Bounty Hunters) - 348 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Assisting Bail Bond Agents and Bail Bond Recovery Agents (Bounty Hunters) Police Officers will only assist and act on those cases where an active warrant exists for the person being contacted. The warrant needs to be verified and confirmed valid. If a warrant cannot be confirmed, then the officer should not assist. If a warrant is confirmed, then the officer can make the arrest and transport the person to the appropriate detention facility based upon the County where the arrest was made. The Bond Recovery Agent should not be allowed to become involved in the official police action. If an active warrant does not exist, officers should document the encounter in an Incident Report including: 1. The identity of the Bond Recovery Agents, 2. A copy of the bond, 3. The Bonding Agent information and any other identifying information At the conclusion of the contact, the officer should leave the scene because the contract between the Bond Recovery Agent and the person who is the subject of the bond may be a civil matter. If Bond Recovery Agents impose any unlawful seizures, assaults or other violations of the law on persons other than the person who is the subject of the bond, then appropriate enforcement action should be taken. Assisting Bail Bond Agents and Bail Bond Recovery Agents (Bounty Hunters) - 349 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 469 Brighton Police Department Policy Manual Municipal Court Security Procedures 469.1 PURPOSE AND SCOPE The Municipal Court is an independent branch of City government governed by its own policies and procedures. The Police Department is charged with providing security during scheduled court sessions. Security duty involves Screening persons attending court Managing prisoner conduct and court appearances, and Providing a safe and orderly environment for court procedures to take place. 469.2 MUNICIPAL COURT SECURITY The essential police functions for Municipal Court Security include: Security screening of persons who are attending Municipal Court sessions Processing prisoners or persons in custody who are to appear before the Municipal Court. Providing a safe and orderly environment for court procedures to take place. The Municipal Court has the following sessions: Arraignments and Hearings Municipal Court Trials 469.3 GENERAL PROCEDURES The Municipal Court Security Procedures should be designed to meet the needs of the Court. An assigned police supervisor will meet with the Court Administrator and other specialists as needed to review the security needs of the Municipal Court, including: Facilities, which includes: 1. Doors 2. Windows 3. Access 4. Lighting 5. Emergency lighting 6. Fire/smoke detection and fire suppression equipment 7. Alarm systems 8. Restricted areas 9. Key control 10. Communication needs 11. ADA accessibility Equipment, which includes: 1. Fire suppression Municipal Court Security Procedures - 350 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Municipal Court Security Procedures 2. Medical and First Aid supplies 3. Restraining devices 4. Communication systems, which include duress alarms, telephones, and two way radios 5. Firearms security 6. Electronic and magnetic screening devices 7. Duress Alarms Emergency Plans as determined by the Municipal Court Administrator, which includes: 1. Fire, medical, hostage, bomb and disaster emergencies 2. High risk trials 3. Searches of facilities and persons 4. Use of restraining devices 5. Detainee movement 6. Access and circulation patterns A written security survey shall be completed on an annual basis. Officers assigned to work Municipal Court Security will receive training in the function and use of all equipment used in the court security function. The supervisor in charge of Municipal Court Security will complete a inspection report on the type, quantity, condition and location of all such equipment. Inspection reports should also address the current state of readiness of all equipment. Actual testing of the equipment, as appropriate, should occur at regular intervals. Officers assigned to Municipal Court Security will report for duty at least 30 minutes prior to the start of the court session. Officers will notify the on duty supervisor and ADCOM that they are on duty for Municipal Court Security Assigned officers will check with the Police Records Section and the Municipal Court to determine if any prisoners or persons in custody need to appear before the Municipal Court. If prisoners or persons in custody are to appear before the Municipal Court, then an officer will facilitate the transportation of the prisoners and persons in custody to the Municipal Court in accordance with the Municipal Court Procedures for Prisoners. 469.4 SECURITY SCREENING PROCEDURES Security Screening Procedures are designed to prohibit the possession of firearms and other deadly weapons in the Municipal Court. All persons, except for Police Department and Municipal Court staff, will be security screened prior entering the Municipal Court. No person who possesses a weapon will be allowed to enter the Municipal Court. Lock boxes are available for law enforcement personnel. All persons being screened will remove all personal items and metallic objects from their person and place them in a container at the screening checkpoint. Municipal Court Security Procedures - 351 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Municipal Court Security Procedures All persons will then, one at a time, walk through the magnetometer. If no alarm sounds, then the allowable personal items will be returned to the person and they will allowed entry to the Municipal Court. If the alarm sounds, then an officer will conduct a personal sweep using a handheld metal detector. All persons who possess an illegal weapon or contraband are subject to criminal prosecution. 469.5 PRISONER PROCEDURES Prisoners held in various detention centers or jails and persons in custody may need to appear before the Municipal Court. All prisoners will be transported in a secured manner with their hands handcuffed behind their back. Handcuffs may be removed when the prisoner appears before the Municipal Court at the discretion of the Municipal Judge. Officers transporting prisoners to the Police Department will take them to the Sally Port. Officers entering the Sally Port with prisoners will secure their weapons in a weapon locker. If more than one prisoner is being transported, then additional officers may be required. Officers should contact the on duty Sergeant for assistance. Prisoners entering the Holding Facility of the Police Department will be thoroughly searched and security screened by an officer. Prisoners awaiting a court appearance may be temporarily placed in a Holding Facility cell. Prisoners appearing before the Municipal Court should be escorted by an officer from the Holding Facility to the Municipal Court using the Holding Facility elevator. Prisoners may temporarily be placed in the Municipal Court secured vestibule. At the conclusion of the Municipal Court appearance, the prisoner will be returned to their place of detention unless otherwise directed by the Municipal Court. 469.5.1 PRISONER/ATTORNEY CONFERENCES Attorneys who need to talk with prisoners prior to a Municipal Court session may do so in a conference room or in the secured area of the Holding Facility elevator vestibule. The elevator can be locked in place with a key. The fire door can be closed in front of the elevator. The officer will remain immediately outside of the closed door until the conference is concluded. Municipal Court Security Procedures - 352 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 471 Brighton Police Department Policy Manual Physical Fitness Assessment 471.1 PURPOSE AND SCOPE The Department encourages sworn police personnel to maintain good physical conditioning in order to create a safer work environment for the individual as well as co-workers. The Department also has an obligation to ensure that a police officer can physically perform necessary and required job functions. Generally, the Physical Fitness Assessment is conducted annually. 471.1.1 PROCEDURES The Physical Fitness Assessment was designed by a qualified resource to be applicable to police officer job requirements. Police officer applicants are required to pass the Physical Fitness Assessment during pre-employment testing. Exceptions may be granted by the Chief of Police when the assessment test cannot be administered in a timely manner, for the needs of the Department, or if the applicant is unable to pass the assessment at that time. In such cases, police officer applicants must pass the assessment during the first year of employment. Sworn officers will participate in the assessment annually. Officers age 51 years or older may choose not to participate in the assessment. Officers whose temporary medical condition prohibits them from taking the assessment at that time must present a physician's authorization to not take the assessment. The officer must take the next scheduled assessment. If their medical condition precludes them from doing so they will be sent to a physician used for employee medical evaluations for a medical assessment. Passing the Physical Fitness Assessment requires that officers achieve a passing score within a specific period of time. Officers who fail to achieve a passing score are encouraged to improve their physical fitness for the benefit of themselves, family and co-workers. Officers who cannot successfully complete the assessment or who complete the assessment with a score more than double the passing score will be sent to a City authorized physician to determine if the officer is medically capable of safely performing the required duties of a police officer. If the physician does not provide a medical clearance for the officer, the officer may apply for a temporary Modified Duty Assignment. Within one year from the date of the initial medical examination the officer must obtain a medical clearance or the officer will be subject to termination from employment as a police officer. Physical Fitness Assessment - 353 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 473 Brighton Police Department Policy Manual Accident Alerts 473.1 PURPOSE AND SCOPE An Accident Alert will exist when the reported traffic accidents exceed the Department's ability to effectively respond and investigate within a reasonable period of time. Accident Alerts can occur due to weather and road conditions, available staffing, and the service demands of the community. 473.1.1 DEFINITIONS An Accident Alert is a weather, road conditions and service demand situation that significantly impairs the ability of the Department to safely respond to a traffic accident in a timely manner without placing the community at risk. 473.1.2 PROCEDURES The on duty patrol supervisor may declare an Accident Alert when the weather, road conditions and service demands are such that the ability of the Department to safely respond to a traffic accident in a timely manner without placing the community at risk is greatly impaired. During an Accident Alert the Department will not respond to: Non-injury, property damage only accidents During an Accident Alert the Department will respond to: Accidents involving government vehicles Hit and Run accidents Accidents involving death or injuries Accidents resulting in street closures Accidents involving a DUI or otherwise impaired driver Accidents involving other problems requiring police intervention Once an Accident Alert is declared: The on duty patrol supervisor will advise Police Records, ADCOM and on duty officers of the Accident Alert situation Motorists will be advised of their accident reporting options during such an event Once an Accident Alert has ended, the on duty patrol supervisor will advise Police Records, ADCOM and on duty officers of the situation. Accident Alerts - 354 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 475 Brighton Police Department Policy Manual Police Patrol Vehicles 475.1 PURPOSE AND SCOPE All marked police vehicles used in police patrol should be conspicuously marked and readily identified as law enforcement vehicles from every view and from a long distance, even at night. Conspicuous marking increases safety, serves as a warning to potential violators, and provides the community with a feeling of safety and security. Marked police vehicle used for canine patrol will be conspiciously marked "police canine". Vehicles primarily used for traffic enforcement or by non-uniformed investigators and special purpose vehicles do not have to meet this standard. 475.1.1 REQUIRED EQUIPMENT FOR MARKED POLICE PATROL VEHICLES All marked police patrol vehicles will have the following equipment: • Mounted red, blue and/or white emergency lights • Department's name • The emergency telephone number • Reflective materials on the sides and rear of the vehicle, such as reflective striping, lettering or decals • A siren • A mobile radio transceiver Police vehicles used for canine patrol will contained specialized equipment such as a cage area for the canine, automatic ventilation systems and other required features. 475.2 SPECIAL PURPOSE POLICE VEHICLES Special purpose police vehicles are not generally used for police patrol but may be used when needed due to weather conditions, during emergencies, or other police responses. Special purpose police vehicles include military Humvees and the Argo multi-wheeled/tracked amphibious vehicle. Police Patrol Vehicles - 355 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 477 Brighton Police Department Policy Manual Mobile Field Force 477.1 PURPOSE AND SCOPE The Mobile Field Force is a police response team organized and trained to address situations such as: Civil disorder Crowd control Tornados or other natural disasters Train derailment Major fire or explosion Large scale evacuations Flooding Hazardous Material incidents Lost or missing children Major traffic accidents Major incidents requiring perimeter containment, neighborhood canvass or similar actions Dignitary protection Support for perimeter control and/or evacuation for SWAT calls Written procedures to address coverage and management of Mobile Field Force responses will be contained in the Mobile Field Force Handbook. 477.1.1 POLICY A police supervisor may request assistance from the Mobile Field Force for critical incidents or other responses. The supervisor should contact a Mobile Field Force Lieutenant/Sergeant and the on call Commander to request deployment. The decision to activate the MFF will rest with a member of the Command Staff or MFF Team Commander. When the MFF is activated, the team's highest ranking available supervisor will coordinate all tactics, functions, and components of the team in coordination with the Incident Commander. The Mobile Field Force is not a SWAT Team. The Department does not have a SWAT Team. Police supervisors who need SWAT Team assistance should notify the on call Commander and request mutual aid from a neighboring law enforcement agency such as the Adams County Sheriff's Office or the Police Department SWAT Team. 477.1.2 MEMBERSHIP The Mobile Field Force (MFF) Command Staff may select non-probationary police officers to serve on the Mobile Field Force at the discretion of the Mobile Field Force Command Staff. Assignment to the MFF is voluntary. Selection of team members will be based on, but limited to: Mobile Field Force - 356 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Mobile Field Force Supervisory input The officer's demonstrated ability to solve problems, adapt to change, and quickly follow instructions in stressful situations Ability to work well with other team members Demonstrated level of physical fitness and agility Ability to remain calm and exercise good judgment under stress Ability to endure stress and long periods of waiting and inactivity while maintaining a positive attitude Officers who repeatedly miss call outs or training may be dismissed from the team. Mobile Field Force - 357 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 479 Brighton Police Department Policy Manual Motor Vehicle Self-Help Repossessions 479.1 PURPOSE AND SCOPE Police officers may be called upon to conduct "stand bys" for repossession agents when these agents conduct self-help repossessions on behalf of creditors. Self-help repossessions are simply repossessions of collateral based upon the terms of a contract rather than a court order. Self-help repossessions which proceed without a breach of the peace are allowed under C.R.S. 4-9-609. 479.1.1 POLICY Officers may be called upon to assist with a self-help repossession. The only duty of officers for these types of calls is to prevent violence and keep the peace. Officers will not become involved in assisting with any self-help repossession (C.R.S. 4-9-625 Any breach of the peace as defined in this police will be cause for the officer to terminate the self-help repossession attempt. Officers may assist with court ordered repossessions executed by legal authority as requested. 479.1.2 PROCEDURE During a self-help repossession a breach of the peace shall be considered to have occurred if the repossssor: Enters a locked or unlocked residence or garage Breaks, opens or moves any lock, gate or other barrier to enter enclosed real property Uses or threatens to use violent means in connection with the repossession, or A person protests the repossession as defined in this policy If a person who is in possession of the property, or a person who is related to or proclaims to be a representative of the person in possession of the property, protests the self-help repossession then the self-help repossession will be terminated. The repossessor should then be advised to obtain a court order to proceed with the repossession. Repossessors are required to notify the Department at least one hour before or no later than one hour after a repossession occurs (C.R.S. 42-6-146). Officers who assist in a self-help repossession contrary to this policy may be participating in an unreasonable seizure under the Fourth Amendment (See Hensley v. Grassman, 6th Circuit Court of Appeals, September 11, 2012) Motor Vehicle Self-Help Repossessions - 358 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 481 Brighton Police Department Policy Manual VIP and Dignitary Protection 481.1 PURPOSE AND SCOPE Visiting Very Important Persons (VIP) and Dignitaries may require a protection and security response from the Department. VIP and Dignitary protection procedures will be conducted in accordance with this policy. 481.1.1 POLICY VIP and Dignitary protection and security can be provided by the Department upon request. Every reasonable effort will be made to coordinate Department actions with the protection and security resources, if any, of the visiting VIP and Dignitary as well as other police jurisdictions that may be involved. Small scale and short duration protection events may be staffed by on duty personnel as authorized by a police supervisor/commander. 1. These events may require an Incident Action Plan, depending on the scope/duration of the event Large scale and long duration protection events may be staffed by a combination of on duty personnel and the Mobile Field Force as authorized by a Mobile Field Force supervisor/commander and the Police Operations Commander. 1. These events will require an Incident Action Plan. VIP and Dignitary Protection - 359 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 483 Brighton Police Department Policy Manual Special Events 483.1 PURPOSE AND SCOPE Special Events that occur within the community may place a strain on Department resources. Special Events may require a permit from the City of Brighton in accordance with Municipal Ordinance 12-16-90. Special Event responses will be made in accordance with this policy. 483.1.1 POLICY Special Events that have been issued a permit from the City in accordance with Municipal Ordinance 12-16-90 may require a police presence according to the specifications of the issued permit. Should a Special Event require a police present, the Police Operations Commander will direct a subordinate supervisor to assist in the development of an appropriate Incident Action Plan, if appropriate, and a police staffing model. Incident Action Plans can also be developed by the City Special Events Section and the Brighton Fire Rescue District, depending on the event. The Incident Action Plan will take into account, at a minimum: Personnel allocation and deployment Traffic Management Plans Enforcement and Booking needs Resources needed Large scale Special Events may require the use of the Mobile Field Force. Otherwise, police officers can be requested or assigned to work the event according to the needs of the Department. Special Events - 360 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 5 - Traffic Operations ---PAGE BREAK--- Policy 500 Brighton Police Department Policy Manual Traffic Enforcement 500.1 PURPOSE AND SCOPE The goal of traffic law enforcement is to reduce traffic collisions and improve the safety and quality of life for the community through traffic law compliance. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on: Accident data, Enforcement activity records, Traffic volume, Traffic conditions, and Other data. The Department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations but also in terms of traffic-related needs. 500.2 TRAFFIC ENFORCEMENT DEPLOYMENT Several factors are considered in the development of deployment schedules for officers of the Brighton Police Department. Information provided by the Crime Analysis Unit, City Traffic Engineer and the Colorado State Patrol (CSP) are a valuable resources for traffic accident information and therefore officer deployment. Some of the factors for analysis include: Location Time Day Violation factors All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of traffic laws and address accident-causing violations during those periods and at those locations where the incidence of collisions is increased. As a matter of routine, all officers will take directed enforcement action on request, and random enforcement action when appropriate, against violators. All officers shall maintain high visibility while working general enforcement, especially at high-accident incidence locations. Other factors to be considered for deployment are: Citizen requests, Construction zones, School zones, or Special Events. Traffic Enforcement - 362 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Traffic Enforcement 500.3 ENFORCEMENT PHILOSOPHY Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. The Department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance. The visibility and quality of an officer's work effort will be commensurate with the philosophy of this policy. 500.3.1 WARNINGS AND STOPS WITHOUT CITATION OR ARREST Warnings should be considered in minor traffic infractions and substituted for arrests or citations when circumstances warrant. Circumstances that do not result in a citation or arrest require providing a business card in compliance with the law, as outlined in the Racial/Bias Based Profiling Policy. 500.3.2 TRAFFIC CITATIONS Traffic citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at minimum: Explanation of the violation or charge Court appearance procedure, including the optional or mandatory appearance by the motorist Notice of whether the motorist can enter a plea and pay the fine by mail or at the court The court contact information 500.3.3 TRAFFIC CITATION COURT JURISDICTION An officer who issues a traffic citation shall ensure that the place specified in the summons, complaint or penalty assessment notice is for an appropriate court within the county in which the offense is alleged to have been committed. (CRS § 42-4-1707(5)). 500.3.4 REFUSAL TO SIGN TRAFFIC CITATION If the driver, according to the Colorado Division of Motor Vehicles, (or Motor Vehicle Compact state), holds a valid driver's license, the driver shall not be required to execute a promise to appear on the penalty assessment notice or on the summons and complaint (CRS § 42-4-1707 A person who does not have a valid driver's license and refuses to sign a traffic citation, and thereby declines to make a written promise to appear in court, may immediately be taken before a magistrate (CRS § 42-4-1705(1)(e)) or be required to post bond. If a person's identity can be reasonably determined, a summons should be issued rather than making an arrest. Should a person's identity be undetermined, a supervisor should be requested to assist with resolution of the incident prior to resorting to an arrest. 500.3.5 PHYSICAL ARRESTS Physical arrest can be made on a number of criminal traffic offenses. These physical arrest cases usually deal with, but are not limited to (CRS § 42-4-1705(1)): Negligent homicide. Driving under the influence of alcohol/drugs. Hit and run resulting in serious injury or death. Hit and run resulting in damage to any vehicle or property. Traffic Enforcement - 363 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Traffic Enforcement Reasonable cause to believe the violator may leave the state. 500.4 SUSPENDED OR REVOKED DRIVER'S LICENSE If an officer contacts a traffic violator for driving on a suspended, revoked or restricted license and the violation is not an unclassified misdemeanor, the officer may, without a warrant, arrest the violator for a misdemeanor (CRS § 42-2-138). 500.5 HIGH-VISIBILITY VESTS The Department has provided American National Standards Institute (ANSI) Class II high-visibility vests to reduce the danger to employees who may be exposed to hazards presented by passing traffic, construction vehicles and disaster recovery equipment (23 CFR 634.3). Although intended primarily for use while performing traffic-related assignments, high-visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the employee. 500.5.1 HIGH VISIBILITY VESTS: REQUIRED USE Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high-visibility vests should be worn include: Traffic control duties, Accident investigations, Lane closures, Disaster scenes, or Anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor. Vests maintained in the investigation units may be used anytime a plainclothes officer might benefit from being readily identified as an officer. 500.5.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS High-visibility vests shall be maintained in the trunk of each patrol and investigation unit and in the saddlebag or gear bag of each police bicycle. Each vest should be stored to protect and maintain the vest in a serviceable condition. Before going into service, each officer shall ensure a serviceable high-visibility vest is properly stored. Additional high-visibility vests will be maintained in the equipment room for replacement of damaged or unserviceable vests. The Professional Standards Unit should be notified whenever the supply of vests in the equipment room needs replenishing. Traffic Enforcement - 364 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 501 Brighton Police Department Policy Manual School Bus Signal Violations 501.1 PROCEDURES Effective July 1, 1988 the Colorado Legislature mandated that school bus drivers report motorists who disregarded flashing stop lights during pick-up and drop-off of school children (C.R.S. 42-4-1903). Law enforcement officers can issue a citation to the driver involved in a reported violation based on the information supplied by the school bus driver. Police officers will enforce and abide by this statute regarding motorists who violate the law. Due process, probable cause and the principles of investigation will apply to the issuance of a summons in these matters. School Bus Signal Violations - 365 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 502 Brighton Police Department Policy Manual Traffic Accident Response And Reporting 502.1 PURPOSE AND SCOPE The public safety responsibilities of law enforcement include: Responding to traffic accidents, Providing aid and assistance, Documentation of the incident, and Identification of criminal activity. The Brighton Police Department prepares traffic accident reports in compliance with CRS § 42-4-1606 and as a public service makes traffic accident information available to the public. 502.2 CALL RESPONSE Officers should respond without delay when dispatched to a traffic accident. A traffic accident with injuries reported may include an emergency response if the officer reasonably believes such a response is appropriate. 502.2.1 RESPONSE CONSIDERATIONS An officer responding to and upon arrival at an accident, should consider the following: The most appropriate route to the incident Proper placement of the emergency vehicle to provide protection for officers and the scene Potential for involvement of hazardous materials Additional support that may be necessary traffic control, medical aid, HAZMAT, ambulance, tow vehicles and airship landing) Providing first aid to any injured parties if it can be done safely, and obtaining medical assistance as necessary Traffic control and protection of the scene Clearance of the roadway 502.3 ACCIDENT INVESTIGATION Investigation of traffic collisions should include, at minimum, the following: Identification and interview of all involved parties Identification and interview of any witnesses Determination if any crime has occurred and taking appropriate enforcement action Identification and protection of items of apparent evidentiary value Documentation of the incident as necessary statements, measurements, photographs, collection of evidence and reporting) on appropriate report forms Traffic Accident Response And Reporting - 366 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Traffic Accident Response And Reporting 502.4 TAKING ENFORCEMENT ACTION After a thorough investigation in which physical evidence or independent witness statements indicate that a violation of Colorado law led to the accident, officers should issue a traffic citation or a misdemeanor citation to the offending driver. Officers may arrest a person when there is probable cause to believe that an offense was committed by the person to be arrested (CRS § 16-3-102). Incidents involving more serious violations, such as driving under the influence of drugs or alcohol, vehicular manslaughter or other felonies, shall be enforced immediately. If a driver subject to enforcement is admitted to a hospital, a supervisor shall be contacted to determine the best enforcement option. 502.5 TRAFFIC ACCIDENT REPORTING 502.5.1 OFFICER RESPONSIBILITIES Officers shall utilize forms approved by the Department of Revenue, Motor Vehicle Division (CRS § 42-4-1608) for the reporting of traffic accidents. All traffic accident reports taken by members of this Department shall be forwarded to the supervisor for approval and data entry into the records management system. 502.5.2 REPORTING RESPONSIBILITIES The Police Records Section, assisted by the Crime Analysis Unit when appropriate, will be responsible for: Regularly publishing reports on traffic accident statistics, to be forwarded to the Command Staff or other persons as required. Forwarding the traffic accident report to the Department of Revenue, Motor Vehicle Division within five days of receiving information regarding the accident or upon the completion of the investigation if the accident did not involve injury or death and the property damage is reasonably believed to be no more than $1,000 (CRS § 42-4-1606). The Police Operations Lieutenants will designate an appropriate officer or supervisor to Obtain and distribute all updates for the Colorado Traffic Accident Reporting Manual. 502.5.3 MODIFICATIONS TO TRAFFIC ACCIDENT REPORTS A change or modification of a written report that alters a material fact in the report may be made only by the person who prepared the report. The modification must be made by completing an amendment to the original report. 502.6 REPORTING SITUATIONS 502.6.1 TRAFFIC ACCIDENTS INVOLVING CITY VEHICLES Traffic accident investigation reports shall be taken when a City-owned vehicle is involved in a traffic accident on a roadway or highway, wherein any damage or injury results. A general information report may be taken in lieu of a traffic accident report at the direction of a supervisor when the accident occurs on private property or does not involve another vehicle. Whenever there is damage to a City vehicle, a vehicle damage report shall be completed and forwarded to the Command Staff. Traffic Accident Response And Reporting - 367 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Traffic Accident Response And Reporting Photographs of the accident scene and vehicle damage shall be taken at the discretion of the traffic investigator or any supervisor. 502.6.2 INJURY OR FATALITY TRAFFIC ACCIDENTS WITH POLICE DEPARTMENT EMPLOYEES When an on duty employee of this Department is involved in a traffic accident within the jurisdiction of the Brighton Police Department and it results in a serious injury or fatality, the Lieutenant or the Patrol Sergeant should request the Colorado State Patrol (CSP) or other outside agency to complete an investigation and report. The term serious bodily injury is defined as bodily injury that involves a substantial risk of death, serious permanent disfigurement, protracted loss or impairment of bodily function (CRS § 18-1-901(3)(p)). 502.6.3 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR CITY OFFICIALS The Lieutenant or Patrol Sergeant may request assistance from the CSP or other outside agency for the investigation of any traffic accident involving any City official or employee where a serious injury or fatality has occurred. 502.6.4 TRAFFIC COLLISIONS INVOLVING INJURED ANIMALS Department members should refer to the Animal Control Procedures Policy when a traffic accident involves disposition of an injured animal. 502.7 NOTIFICATION OF COMMAND STAFF In the event of a serious injury or death-related traffic accident, the Patrol Sergeant shall notify a member of the Command Staff to relate the circumstances of the traffic accident. The supervisor in charge may request additional resources to help investigate the traffic accident. Traffic Accident Response And Reporting - 368 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 510 Brighton Police Department Policy Manual Vehicle Towing and Release Policy 510.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Brighton Police Department and under the authority of CRS § 42-4-1803. 510.2 RESPONSIBILITIES The responsibilities of those employees storing or impounding a vehicle are as follows. 510.2.1 COMPLETION OF VEHICLE IMPOUND/STORAGE FORM Officers requesting towing of a vehicle shall complete a vehicle impound/storage form that includes written authorization pursuant to CRS § 42-4-1803(1)(b) for the tow truck operator to possess the vehicle and a description of property within the vehicle. A copy is to be given to the tow truck operator and the original is to be submitted to the Records Section as soon as practicable after the vehicle is stored. Approved storage forms shall be placed into the appropriate file so that they are immediately available for release or for information should inquiries be made. 510.2.2 REMOVAL OF A VEHICLE DISABLED IN A TRAFFIC ACCIDENT When a vehicle has been involved in a traffic accident and must be removed from the scene, the officer should request the Records Section or ADCOM to call a tow company selected from the rotational list. If the owner is incapacitated or for any reason it is necessary for the Department to assume responsibility for a vehicle involved in an accident, the officer should request the dispatcher to call a company selected from the rotational list of towing companies. The officer will then conduct an inventory and store the vehicle using a vehicle impound/storage form. 510.2.3 DRIVING A NON-CITY VEHICLE Vehicles that have been towed by or at the direction of the Department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with parking regulations. 510.2.4 TOWING REQUESTS Upon receiving a request for towing, the Records staff or ADCOM shall telephone the next towing company on the rotational list. The officer shall be advised when the request has been made and the towing service has been dispatched. 510.2.5 RECORDS SECTION RESPONSIBILITY Approved vehicle impound/storage forms shall be filed so that they are immediately available for release or review should inquiries be made. Records Section personnel should enter pertinent data from a completed vehicle impound/storage form into the Motor Vehicle Verification System to determine if the vehicle has been reported stolen (CRS § 42-4-1804). No later than 10 working days after a vehicle has been towed by this department, Records Section personnel shall report the towing and Vehicle Towing and Release Policy - 369 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Towing and Release Policy related information to the Department of Revenue, Motor Vehicle Division as required by CRS § 42-4-1804(1)(b). Records Section personnel shall make a good faith attempt to notify the owner or lien holder of abandoned vehicles within 10 working days after receipt of a vehicle impound/storage form pursuant to (CRS § 42‚ 4‚ 1804(4)(a) and CRS § 42‚ 4‚ 1804(4)(b)). The notice shall inform the owner that he/she can request a hearing concerning the legality of the towing of the abandoned motor vehicle (CRS § 42‚ 4‚ 1804(4)(c)). The Records Section should use the notice forms available from the Department of Revenue, Motor Vehicle Division when sending required notices to the owners or lien holders of stolen or abandoned vehicles (CRS § 42‚ 4‚ 1804(5)). 510.3 TOWING SERVICES The City of Brighton periodically selects one or more firms to act as official tow services and awards towing agreements to those firms. Those firms will be used in the following situations: When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. When a vehicle is being held as evidence in connection with an investigation. When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles and the removal of vehicles obstructing traffic in violation of state or local regulations. If more than one firm has been awarded a towing agreement, they shall be placed on a rotation list. Nothing in this policy shall require the Department to tow a vehicle. 510.4 TOWING AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by towing the arrestee's vehicle subject to the exceptions described below. However, a vehicle shall be towed whenever it is needed for the furtherance of an investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be towed. For example, a vehicle shall be towed if it would present a traffic hazard or if it would be in jeopardy of theft or damage if left at the scene in a high-crime area. The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of towing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: Traffic-related warrant arrest Situations where the vehicle was not used to further the offense for which the occupant was arrested or is not subject to forfeiture proceedings Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene In such cases, the handling employee shall note in the report that the owner was informed that the Department will not be responsible for theft or damages. Vehicle Towing and Release Policy - 370 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Towing and Release Policy 510.5 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if they are closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practicable in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while the owner is in police custody, to provide for the safety of officers and the public, and to protect the Department against fraudulent claims of lost, stolen or damaged property. If the apparent potential for damage to a locked container reasonably appears to outweigh the protection of the items inside, other options to consider regarding locked containers include, but are not limited to, obtaining access to the locked container from the owner, placing the locked container into safekeeping or obtaining a written waiver of responsibility for the contents of the locked container. 510.6 PRESERVATION OF EVIDENCE An officer removing a vehicle pursuant to CRS § 42-4-1803, who has probable cause to believe that the vehicle or its contents constitute any evidence which tends to show that a criminal offense has been committed, or tends to show that a particular person has committed a criminal offense, should ensure that all legally required and reasonably necessary efforts to preserve the evidence, including but not limited to, safe storage, are taken until the evidence is released to the owner or otherwise disposed of according to law. 510.7 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, an officer should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need cash, jewelry, cellular telephone, prescriptions) that are not considered evidence or contraband. If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property. Vehicle Towing and Release Policy - 371 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 512 Brighton Police Department Policy Manual Vehicle Impound Hearings 512.1 PURPOSE AND SCOPE This policy establishes a procedure for the requirement to provide vehicle impound or storage hearings (CRS § 42-4-1804(4)(d)). 512.2 STORED OR IMPOUND HEARING When a vehicle is stored or impounded by any member of the Department a hearing will be conducted upon the request of the registered or legal owner of the vehicle or their agent to determine if probable cause existed for the removal and placement of the vehicle. The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The hearing officer must not be the person who directed the storage or impound of the vehicle. 512.2.1 HEARING PROCEDURES The vehicle storage hearing is an informal process to evaluate the validity of an order to store or impound a vehicle. The employee who caused the storage or removal of the vehicle does not need to be present for this hearing. All requests for a hearing on an impounded or stored vehicle shall be submitted in writing within 10 days of the date appearing on the notice (CRS § 42-4-1804(4)(d)). The Patrol Lieutenant will generally serve as the hearing officer. The person requesting the hearing may record the hearing at their own expense. The failure of either the registered or legal owner or interested person or their agent to request a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of and satisfaction of the post-storage hearing. Any relevant evidence may be submitted and reviewed by the hearing officer to determine if reasonable grounds have been established for the storage or impound of the vehicle. The initial burden of proof established by a preponderance of the evidence that the storage/impound was based on probable cause rests with the Department. After consideration of all information, the hearing officer shall determine the validity of the storage or impound of the vehicle in question and then render a decision. The hearing officer shall also consider any mitigating circumstances attendant to the storage that reasonably would warrant the release of the vehicle or a mediation or reduction of the period the vehicle is impounded. If a decision is made that reasonable grounds for storage or impound have been established, the hearing officer shall advise the inquiring party of the decision, and that the inquiring party may pursue further civil remedies if desired. 1. If mitigating circumstances are found to be relevant, the hearing officer may make reasonable adjustments to the impound period, storage or assessment fees as warranted. If a decision is made that reasonable grounds for storage or impound have not been established or sufficient mitigating circumstances exist, the vehicle in storage shall be released immediately. Towing and storage fees will be at the Department's expense. Vehicle Impound Hearings - 372 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Impound Hearings If a decision is made that reasonable grounds for storage have not been established or sufficient mitigating circumstances exist, and the vehicle has been released with fees having been paid, the receipt for such fees will be forwarded to the appropriate Captain. The hearing officer will recommend to the appropriate Captain that the fees paid by the registered or legal owner of the vehicle in question or the owner's agent be reimbursed by the Department. Vehicle Impound Hearings - 373 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 514 Brighton Police Department Policy Manual Impaired Driving 514.1 PURPOSE AND SCOPE This policy provides guidance to those department members who play a role in the detection and investigation of driving under the influence (DUI). 514.2 POLICY The Brighton Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of Colorado's impaired driving laws. 514.3 ENFORCEMENT Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence. 514.4 FIELD SOBRIETY TESTS The Patrol Lieutenant should identify the primary field sobriety tests (FSTs) and any approved alternate tests for officers to use when investigating violations of DUI laws. 514.5 CHEMICAL TESTS A person is deemed to have consented to a chemical test or tests under any of the following (CRS § 42-4-1301.1): The officer has probable cause to believe that the person was driving a motor vehicle in violation of CRS § 42-4-1301 (DUI, DUI per se, DWAI, or UDD). The person is dead or unconscious (CRS § 42-4-1301.1(8)). The officer has probable cause to believe that the person was driving a motor vehicle in violation of CRS. 514.5.1 CHOICE OF TESTS Officers shall respect a viable choice of chemical test made by an arrestee as provided for by law. Generally, a person may request either a test of his/her blood or breath for determining alcohol content (CRS § 42-4-1301.1(2)(a)(I)). However, if a person under the age of 21 is suspected of underage drinking and driving (UDD), the person may only submit to a breath test. If a person is suspected of aggravated vehicular unlawful termination of a pregnancy, the type of test or tests shall be determined by the officer (CRS § 18-3.5-108). For purpose of determining drug content within a person's system officers may select the most appropriate and viable test of the of the person's blood, saliva and urine. The arrestee is required to take and complete the selected test or tests (CRS § 42-4-1301.1(2)(b)(I)); CRS § 18-3.5-108). Impaired Driving - 374 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Impaired Driving 514.5.2 BREATH SAMPLES The Patrol Lieutenant should ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested and that a record of such service and testing is properly maintained. Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and reported to the Patrol Lieutenant. 514.5.3 BLOOD SAMPLES Only persons authorized by law to withdraw blood shall collect blood samples (CRS § 42-4-1301.1(6)(a)). The withdrawal of the blood sample should be witnessed by the assigned officer. No officer, even if properly certified, should conduct the blood withdrawal. Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be drawn for alternate testing. Unless medical personnel object, two samples should be drawn and retained as evidence, so long as only one puncture is required. If an arrestee cannot submit to a blood test because he/she is a hemophiliac or is using an anticoagulant, he/she shall not be required to take a blood test. Such inability to take a blood test shall not be treated as a refusal. However, the person may be required to complete another available and viable test. 514.5.4 URINE SAMPLES If a urine test will be performed, the person should be transported to the appropriate testing site. The officer shall follow any directions accompanying the urine evidence collection kit. Urine samples shall be collected and witnessed by an officer or jail staff of the same sex as the person giving the sample. The person tested should be allowed sufficient privacy to maintain his/her dignity, to the extent possible, while still ensuring the accuracy of the specimen. The collection kit shall be marked with the person's name, offense, Brighton Police Department case number and the name of the witnessing officer. The collection kit should be refrigerated pending transportation for testing. 514.6 REFUSALS When a person refuses to provide a chemical sample, officers should: Advise the person of the requirement to provide a sample (CRS § 42-4-1301.1). Audio-record the admonishment and the response when it is practicable. Document the refusal in the appropriate report. 514.6.1 STATUTORY NOTIFICATIONS ON REFUSALS TO TEST Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of revocation upon the person and take possession of any state-issued license to operate a motor vehicle that is held by that person and issue the person a seven day temporary permit unless the person already possesses one (CRS § 42-2-126(5)). Impaired Driving - 375 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Impaired Driving 514.6.2 BLOOD SAMPLE WITHOUT CONSENT A blood sample may be obtained from a person who refuses a chemical test when any of the following conditions exist: A search warrant has been obtained. The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol in the person's blood stream. Exigency can be established by the existence of special facts such as a delay in obtaining a blood sample due to an accident investigation or medical treatment of the person. Exigent circumstances exist and the officer has probable cause to believe the person committed any of the following offenses (CRS § 42-4-1301.1(3)): 1. Criminally negligent homicide. 2. Vehicular homicide. 3. Assault in the third degree. 4. Vehicular assault. A blood sample shall be obtained from a person suspected of aggravated vehicular unlawful termination of pregnancy when the person is dead or unconscious (CRS § 18-3.5-108.5). Unless exigent circumstances exist, officers should make reasonable efforts to obtain a search warrant. 514.6.3 FORCED BLOOD SAMPLE If a person indicates by word or action that he/she will physically resist a blood draw, the officer should request a supervisor to respond. The responding supervisor should: Evaluate whether using force to obtain a blood sample is appropriate under the circumstances. Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes a viable form of testing in a timely manner. Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer) and attempt to persuade the person to submit to such a sample without physical resistance. This dialogue should be recorded on audio and/or video when practicable. Ensure that the withdrawal is taken in a medically approved manner. Supervise any use of force and ensure the forced withdrawal is recorded on audio and/or video when practicable. 1. Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. In misdemeanor cases, if the suspect becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. In felony cases, force which reasonably appears necessary to overcome the resistance to the blood being withdrawn may be permitted. Monitor and ensure that the type and level of force applied is reasonable under the circumstances. Impaired Driving - 376 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Impaired Driving 1. Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. In misdemeanor cases, if the suspect becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. In felony cases, which reasonably appears necessary to overcome the resistance to the blood being withdrawn may be permitted. Officers may physically restrain a person for the purpose of obtaining a sample only in cases of criminally negligent homicide, vehicular homicide, assault in the third degree, vehicular assault or aggravated vehicular unlawful termination of pregnancy (CRS § 42-4-1301.1; CRS § 18-3.5-108.5) Ensure the use of force and methods used to accomplish the blood sample draw are documented in the related report. If a supervisor is unavailable, officers are expected to use sound judgment and perform as a responding supervisor, as set forth above. 514.7 ARREST AND INVESTIGATION 514.7.1 PRELIMINARY TESTING An officer may request that a person provide a breath sample for a preliminary screening test when the officer (CRS § 42-4-1301(6)(i)(I)): Has reason to believe the person was driving a motor vehicle while under the influence or impaired by alcohol and, Has advised the person that he/she may refuse or agree to provide the preliminary breath sample. If the person is under the age of 21, the officer may conduct a preliminary screening test, without the person's consent, if there is a reasonable belief the person has consumed alcohol (CRS § 42-4-1301(6)(i)(I)). An officer may use the results of the preliminary test in determining whether probable cause exists to believe the person was DUI and whether to administer additional testing (CRS § 42-4-1301(6)(i)(II)). 514.7.2 COLLECTING SAMPLES Arrestee samples shall be collected and processed in accordance with standards set by the Department of Public Health and Environment (5 CCR 1005-2). 514.7.3 TIME TO COLLECT SAMPLE If an officer requests that a person submit to a blood or breath test to determine the alcohol content of the person's blood or breath, the person must cooperate with the request such that the sample can be obtained within two hours of the person's driving (CRS § 42-4-1301.1(2)(a)(III)). If an officer requests that a person submit to a blood, saliva or urine test to determine the drug content within the person's system, the person must cooperate with the request such that the sample can be obtained within two hours of the person's driving (CRS § 42-4-1301.1(2)(b)(II)). Impaired Driving - 377 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Impaired Driving 514.7.4 NOTICE TO COMMERCIAL MOTOR VEHICLE DRIVER Officers investigating a driver of a commercial motor vehicle license for DUI shall advise the person that a refusal to submit to a chemical test shall result in an out-of-service order for a period of 24 hours and a revocation of the privilege to operate a commercial motor vehicle for one year (CRS § 42-4-1301.1(4)). 514.7.5 OFFICER RESPONSIBILITIES An officer believing that a person should be subject to license revocation as a result of driving under the influence shall forward the following to the Division of Motor Vehicles (DMV) on the forms prescribed by the DMV (CRS § 42-2-126(5)): A copy of the completed notice of revocation form. A copy of any completed temporary permit. The person's driver's license. An affidavit, signed, dated and sworn to by the officer containing information relevant to the legal issues and facts to be considered by the DMV for revoking the person's license. 514.7.6 EXTRAORDINARY CIRCUMSTANCES If an officer requests a person to submit to a chemical test and subsequently determines that there are extraordinary circumstances that prevent the completion of the test elected by the person within the two-hour time period, the officer shall inform the person of such circumstances and request and direct the person to take and complete the other test. The person shall then be required to take and complete, and to cooperate in the completing of, the other test (CRS § 42-4-1301.1(2)(a.5)(I)). Extraordinary circumstances include, but are not limited to, weather related delays, high call volume affecting medical personnel , malfunctioning breath test equipment and other circumstances that preclude the timely collection of a sample (CRS § 42-4-1301.1(a.5)(IV)(B)). 514.7.7 UNCONSCIOUS OR DECEASED PERSONS If an officer believes a person to be DUI and the person cannot submit to a chemical test because the person is unconscious, hospitalized or undergoing medical treatment, the officer may: Order the test of any blood, urine or saliva that was obtained and not utilized by the health care provider. Have access to medical tests administered by the health care provider that show test results of the alcohol or drug content in the person's system. The provisions of section 13-90-107 relating to physician privileged communications do not apply to such test results (CRS § 42-4-1301.1(8). In addition, the blood or urine sample of any deceased driver or pedestrian at least 15 years of age shall be tested for alcohol, drug and carbon monoxide concentration following the procedures established by the Department of Public Health and Environment (CRS § 42-4-1301.1(8); CRS § 42-4-1304(1); CRS § 42-4-1304(6)). 514.7.8 MEDICAL MARIJUANA REGISTRY IDENTIFICATION CARD A person who possesses a valid medical marijuana registry identification card (RIC) shall not be required to submit to a blood test solely based on the possession of the RIC (CRS § 42-4-1301(k)). Impaired Driving - 378 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Impaired Driving 514.8 POLICE RECORDS SECTION RESPONSIBILITIES The Police Records Supervisor will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney's office. 514.9 ADMINISTRATIVE HEARINGS The Police Records Supervisor will ensure that all appropriate reports and documents related to administrative license suspensions are reviewed and forwarded to the Division of Motor Vehicles (DMV). Any officers who receive notice of required attendance to an administrative license suspension hearing should notify the prosecuting attorney. Officers called to testify at an administrative hearing should document the hearing date and the DMV file number in a supplemental report. Specific details of the hearing generally should not be included in the report unless errors, additional evidence or witnesses are identified. The Records Section should forward this to the prosecuting attorney as part of the case file. 514.10 TRAINING The Professional Standards Unit should ensure that officers participating in the enforcement of DUI laws receive regular training. Training should include, at minimum, current laws on impaired driving, investigative techniques and rules of evidence pertaining to DUI investigations. The Professional Standards Unit should confer with the prosecuting attorney's office and update training topics as needed. Impaired Driving - 379 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 516 Brighton Police Department Policy Manual Traffic Citations 516.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the collection of data, the procedure for dismissal, correction and voiding of traffic citations. 516.2 RESPONSIBILITIES Officers of shall use the approved traffic citation for all traffic offense citations. The Patrol Lieutenant shall be responsible for the development and design of all Department traffic citations in compliance with state law (CRS § 42-4-1707). The Records Section is responsible for the supply and accounting of all traffic citations issued to employees of this department. Citations will be kept in a secure location and issued to officers by the Records Section staff. Officers will sign for the citation books when issued. When the Police Records Section is closed, an officer can get a citation book by: Pick up a citation book from the Records office area Place a dated memo/note on the log book noting the name of the officer and the number of the citation book taken 516.3 DISMISSAL OF TRAFFIC CITATIONS Employees of this department do not have the authority to dismiss a citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued. Any request from a recipient to dismiss a citation shall be referred to the Patrol Lieutenant. Upon a review of the circumstances involving the issuance of the traffic citation, the Patrol Lieutenant may request that the Police Operations Captain recommend dismissal of the traffic citation. If approved, the citation will be forwarded to the appropriate prosecutor with a request for dismissal. All recipients of traffic citations whose request for dismissal has been denied shall be referred to the appropriate court. Should an officer determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate, the officer may request that the court dismiss the citation. Upon dismissal of the traffic citation by the court, the officer shall notify their immediate supervisor of the circumstances surrounding the dismissal and shall complete any paperwork as directed or required. The citation dismissal shall then be forwarded to the Police Operations Captain for review. 516.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed but not issued. All copies of the citation shall be presented to a supervisor to approve the voiding of the citation. The citation and copies shall then be forwarded to the Police Records Section. Traffic Citations - 380 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Traffic Citations 516.5 CORRECTION OF TRAFFIC CITATIONS When a Municipal traffic citation is issued and in need of correction, the officer issuing the citation shall submit the citation and a citation corrections form to their immediate supervisor. The citation and corrections form shall then be forwarded to the Lieutenant for review and approval. The forms are then forwarded to the Police Records Section. County Court traffic citations that have been served can only be amended by a correction form for the following items: Charges Defendant's address or personal information Violation location Otherwise, County Court traffic citations cannot be amended after service and therefore must be canceled and re-served on the defendant. 516.6 DISPOSITION OF TRAFFIC CITATIONS The court and file copies of all traffic citations issued by members of this Department shall be forwarded to the employee's immediate supervisor for review. The citation copies shall then be filed with the Records Section. Upon separation from employment with this Department, all employees who were issued traffic citation books shall return any unused citations and traffic citation books to the Records Section. The Records Section will verify that all traffic citation books have been returned. 516.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURES Disposition of notice of parking violation appeals is conducted pursuant to local regulations (CRS § 43-2-135(1)(g) and CRS § 42-4-110(1)). A parking violation may be appealed by filing a request with the court and posting fees as required. 516.8 JUVENILE CITATIONS Completion of traffic citation forms for juveniles vary from the procedure for adults (CRS § 42-4-1707(1)(b)). The juvenile's age, place of residency and the type of offense should be considered before issuing the juvenile a citation. Traffic Citations - 381 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 520 Brighton Police Department Policy Manual Disabled Vehicles 520.1 PURPOSE AND SCOPE The Brighton Police Department has adopted this policy regarding providing assistance to motorists in disabled vehicles within this organization's jurisdiction. 520.2 OFFICER RESPONSIBILITIES When an on-duty officer observes a disabled vehicle, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer or other department member to respond as soon as practicable. 520.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After assistance is rendered or arrangements for assistance are made, continued involvement by Department personnel will be contingent on the time of day, the location, the availability of Department resources and the vulnerability of the disabled motorist. 520.3.1 MECHANICAL REPAIRS Department personnel should not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety or to remove vehicles that are obstructing traffic pursuant to CRS § 42-4-1803(2) is not considered a mechanical repair. 520.3.2 RELOCATION OF DISABLED VEHICLES The relocation of disabled vehicles by members of this Department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle. 520.4 PUBLIC ACCESS TO THIS POLICY This written policy is available upon request. Disabled Vehicles - 382 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 524 Brighton Police Department Policy Manual Abandoned Vehicle Violations 524.1 PURPOSE AND SCOPE This policy provides procedures for the removal, recording and storage of vehicles abandoned in violation of abandoned vehicle laws under the authority of CRS § 42-4-1803, et seq. 524.1.1 DEFINITIONS Definitions related to this policy include: Abandoned motor vehicle - A motor vehicle is abandoned if: It is on public property and (CRS 42-4-1802(1)): 1. Left unattended on a highway right-of-way outside the limits of a town or city for a period of 48 hours or longer. 2. Left unattended on a highway right-of-way within the limits of a town or city longer than allowed by any local ordinance. 3. Stored in an impound lot at the request of a law enforcement agency and not removed within 72 hours after notification to the owner that the vehicle is available for release. 4. Fitted with an immobilization device and deemed to be abandoned. 5. Left unattended at a regional transportation district parking facility. It is on private property and (CRS § 42-4-2102(1)): 1. Left unattended without consent for at least 24 hours or as established by a local ordinance. 2. Not removed from an impound lot according to an agreement with the owner. 3. Towed at the request of a property owner and not removed from the impound lot by the vehicle owner within 48 hours. 4. Fitted with an immobilization device and deemed to be abandoned. 524.2 MARKING VEHICLES Vehicles on public roadways suspected of being abandoned in violation of Colorado laws shall be marked and noted on the marked vehicle card or documented via the computer aided dispatch (CAD) system. No case number is required at this time. A visible chalk, crayon or paint mark should be placed on the rear window or left rear tire tread at the fender level unless the vehicle is missing tires or other vehicle conditions or the weather prevents marking. Any deviation in markings shall be noted on the marked vehicle card. All marked vehicle cards shall be submitted to the for computer data entry unless documented via the CAD system. If a marked vehicle has been moved or the markings have been removed during a four- or 24-hour investigation period, the vehicle shall be marked again for either the four- or Abandoned Vehicle Violations - 383 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Abandoned Vehicle Violations 24-hour abandonment violation and a marked vehicle card completed and forwarded to the or a CAD update completed. 524.2.1 MARKED VEHICLE FILE The Lieutenant or designee shall be responsible for maintaining a file for all marked vehicle cards. Officers assigned to the Lieutenant shall be responsible for the follow-up investigation of all abandoned violations noted on the marked vehicle cards or CAD system. 524.3 VEHICLE STORAGE Any vehicle in violation shall be stored by the authorized towing service and a vehicle impound/storage form shall be completed by the officer authorizing the storage of the vehicle. 524.3.1 VEHICLE STORAGE REPORTING The vehicle impound/storage form shall be submitted to the Records Section immediately following the storage of the vehicle. It shall be the responsibility of the Records Section to enter information from the vehicle impound/storage form into the Motor Vehicle Verification System and attempt to notify the owner as specified in the Vehicle Towing and Release Policy. Abandoned Vehicle Violations - 384 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 6 - Investigation Operations ---PAGE BREAK--- Policy 600 Brighton Police Department Policy Manual Investigation and Prosecution 600.1 PURPOSE AND SCOPE When assigned to a case for initial or follow-up investigation, officers and/or detectives shall proceed with due diligence in evaluating and preparing the case for appropriate clearance or presentation to a prosecutor for filing criminal charges. 600.2 INITIAL INVESTIGATIONS An officer responsible for an initial investigation shall complete no less than the following: Make a preliminary determination if a crime has been committed by completing, at a minimum: 1. An initial statement from any witnesses or complainants. 2. A cursory examination for possible evidence. If information indicates a crime has occurred, the officer shall: 1. Preserve the scene and any evidence as required to complete the initial and follow-up investigation. 2. Determine if additional investigative resources investigators or scene processing) assistance is necessary and request assistance as required. 3. If assistance is warranted, or if the incident is not routine, notify a supervisor or Patrol Sergeant. 4. Interview all available victims, informants, complainants, witnesses and suspects. 5. Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects. 6. Obtain the correct name, date of birth, current home address, work address, home telephone number, work telephone number, cell phone number and all other pertinent information for each person contacted. This information will be placed in the police report. 7. Collect any evidence. 8. Take any appropriate law enforcement action. 9. Complete and submit the appropriate reports and documentation. If the preliminary determination is that no crime occurred, determine what other action may be necessary, what other resources may be available and advise the informant or complainant of this information. A support staff employee assigned to any preliminary investigation is responsible for all investigative steps except making any attempt to locate, contact or interview a suspect or take any enforcement action. Should an initial investigation indicate those steps are required, the assistance of an officer shall be requested. 600.3 CUSTODIAL INTERROGATIONS Any custodial interrogation of a person who is suspected of having committed any violent felony offense should be electronically recorded (audio/video or both as available) in its Investigation and Prosecution - 386 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Investigation and Prosecution entirety. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings. Officers should also consider electronically recording a custodial interrogation, or any investigative interview, for any other offense when the officer reasonably believes it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of an interrogation should be destroyed or altered without written authorization from the District Attorney and the Detective Section supervisor. Copies of recorded interrogations or interviews may be made in the same or different format provided they are true, accurate and complete copies and are made only for authorized and legitimate law enforcement purposes. Officers should continue to prepare written summaries of custodial questioning and investigative interviews and continue to obtain written statements from suspects when applicable. 600.4 PERSONS WITH COMMUNICATION DISABILITIES Upon the arrest of a person with a communication disability and before interrogation or the taking of his/her statement, the officer, should make an interpreter available to that person at public expense or in accordance with any applicable law. 600.5 FOLLOW-UP INVESTIGATIONS Follow-up investigations on all cases are evaluated and assigned by the Detective Section supervisor based upon caseload, case assignment and an evaluation of case solvability factors. 600.5.1 CASE SOLVABILITY FACTORS Case solvability factors include, but are not limited to, the following: Reliability of witnesses Suspect is named. Suspect is described. Suspect's location is known. Suspect is identified. Suspect has been previously seen. Suspect vehicle is described. Suspect vehicle is identified. Property is traceable. Modus operandi is significant. There is usable physical evidence. There was limited opportunity for anyone other than the suspect to commit the crime. The case may be solved with reasonable additional investigative effort. Other factors that are applicable only in exceptional circumstances include: 1. That the case is of significant importance to the community. 2. That there is potential, imminent danger to victims or witnesses. 3. The seriousness of offense. Investigation and Prosecution - 387 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Investigation and Prosecution 4. That there is a characteristic pattern, frequency or modus operandi related to the case. 5. Management decisions to pursue a case regardless of solvability factors. 600.6 MODIFICATION OF CHARGES FILED Officers should consult with a supervisor prior to recommending to the District Attorney, City Attorney or to any other official of the court that charges on a pending case be altered or the case dismissed. Engaging in discussions initiated by the prosecutor representing the District Attorney or City Attorney is not restricted. In all cases resulting in court prosecution, any intent by a member of the Department to modify the charges filed or to recommend dismissal of charges in a pending case shall be discussed with a Lieutenant or the authorized designee prior to taking action. 600.7 TRAINING Officers should receive training in conducting preliminary investigations prior to assignment to any investigative duties. Officers assigned to investigative follow-up or advanced investigations, or upon assignment to the Detective Section Division, should have completed training in follow-up investigations. Investigation and Prosecution - 388 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 602 Brighton Police Department Policy Manual Sex Crime Victim's Rights 602.1 PURPOSE AND SCOPE This policy establishes a procedure by which sex crime victims may inquire about and be provided with information regarding the status of any DNA evidence in their case, their right to confidentiality and other rights afforded by the Constitution of the State of Colorado and the Colorado's Victim Rights Act (CRS 24-4.1-301, et seq.). 602.2 INVESTIGATION CONSIDERATIONS 602.2.1 VICTIM CONFIDENTIALITY Officers investigating or receiving a report of an alleged sex offense shall assist in keeping the identity of the victim private. The name of any juvenile victim of a sex crime shall not be disseminated or published (CRS § 19-1-102(1.7)). The Department shall withhold public access to information that would reveal the identity of a victim or alleged victim of criminal sexual conduct pursuant to CRS § 24-72-304. The notation "SEXUAL ASSAULT" shall be made on Department official records involving a victim of a sex crime. 602.2.2 VICTIM ADVOCATE RESPONSIBILITIES Victim Advocates receiving a report of an alleged sex crime should: Inform each victim of the following services CRS § 24-4.1-303(9)): 1. Follow-up support for the victim and immediate family to ensure that necessary assistance is received. 2. Services for child and elderly victims, including special services for those with disabilities. 3. Referral to counseling facilities and community service agencies, including the names and telephone numbers, for crisis intervention, victim compensation, victim assistance, legal resources, mental health services, social services, medical resources, rehabilitative services, financial assistance and other support services. 4. Transportation and household assistance to promote participation in criminal proceedings. 5. Assistance in dealing with creditors and credit reporting agencies caused by the commission of a crime. 6. Interpretation services and information printed in languages other than English. 7. Child care services to enable testimony or otherwise foster cooperation in criminal proceedings. After the initial contact, the Victim Advocate should provide (CRS § 24-4.1-303(10)(a)): 1. A statement of the victims' rights. 2. Information concerning the availability of victim assistance, medical and emergency services. Sex Crime Victim's Rights - 389 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Sex Crime Victim's Rights 3. Information concerning the availability of compensatory benefits and the name, address and telephone number of a contact person. 4. The availability of protection from the person accused of committing a crime, including protective court orders. 5. The availability of public records related to the case. As soon as available and when appropriate, provide (CRS § 24-4.1-303(10)(b)): 1. The business address and telephone number of the District Attorney. 2. The file number of the case and the name, business address and telephone number of any officer assigned to investigate the case. 3. Information regarding a suspect being taken into custody or released, unless such information would interfere with the investigation. 4. In a cold case, provide the victim information concerning any change in the status of the case and, upon a written request from the victim, provide an update at least annually concerning the status of a cold case when the criminal statute of limitations is longer than three years. 5. Inform the victim of any final decision not to file charges unless this department and the District Attorney's office have developed a separate policy specifying the manner of informing victims of decisions not to file charges. 602.3 FORENSIC MEDICAL EXAMINATION Officers investigating or receiving a report of an alleged sex offense should, with the consent of the victim or a person authorized to act on behalf of the victim, request a forensic medical examination of the victim. No Brighton Police Department employee shall ask or require a sex crime victim to participate or cooperate in an investigation as a condition of receiving a forensic medical examination (CRS § 18-3-407.5)(3)(a)). The Brighton Police Department shall be responsible for direct costs associated with the collection of forensic evidence from a sex crime victim (CRS § 18-3-407.5(1)). 602.4 TRUTH VERIFICATION EXAMINATIONS Employees of the Brighton Police Department shall not ask or require a victim of a sex crime to submit to a truth verification examination as a condition for proceeding with a criminal investigation. A truth verification examination shall only be conducted upon a victim with the victim's written informed consent that includes notice that they have the right to refuse to submit to the examination. In addition, the victim shall be informed orally with information about the potential use of the result of the examination (CRS § 18-3-407.5(2)). Sex Crime Victim's Rights - 390 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 606 Brighton Police Department Policy Manual Asset Forfeiture Policy 606.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses. 606.1.1 DEFINITIONS Definitions related to this policy include: Fiscal agent - The person designated by the North Metro Task Force to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the North Metro Task Force seizes property for forfeiture or when the North Metro Task Force is acting as the fiscal agent pursuant to a multi-agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and for acting as the liaison between the Department and the assigned attorney. North Metro Task Force- This investigative unit has exclusive jurisdiction on all asset forfeiture needs of the Department. Property subject to forfeiture - Property may generally be subject to forfeiture under the Public Nuisance Act and the Contraband Forfeiture Act when (CRS § 16-13-303; CRS § 16-13-307; CRS § 16-13-504): There has been a conviction or a negotiated plea of a specified offense (see statutes), or the owner fled from an arrest warrant charging one of those offenses. Possession of the property was unlawful or the owner of the property was a party to the offense that led to the property's use, purchase, etc. The property was instrumental in the commission or facilitation of a specified crime, or the property constitutes traceable proceeds of the crime or related criminal activity. Seizure - The act of law enforcement officials taking property, cash or assets that have been used in connection with or acquired by specified illegal activities. 606.2 POLICY The Brighton Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the potential for revenue should never compromise the effective investigation of criminal offenses, officer safety or any person's due process rights. It is the policy of the Brighton Police Department that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeiture. Furthermore, the North Metro Task Force has exclusive jurisdiction on all asset forfeiture actions. Asset Forfeiture Policy - 391 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Asset Forfeiture Policy 606.3 ASSET SEIZURE Property may be seized for forfeiture as provided in this policy. 606.3.1 PROPERTY SUBJECT TO SEIZURE The following may be seized upon review and approval of a North Metro Task Force supervisor and in coordination with the forfeiture reviewer. Real property pursuant to a court order (CRS § 16-13-302). Non-real property when there is probable cause to believe that it will qualify as property subject to forfeiture and the seizure is incident to a lawful search (CRS § 16-13-315; CRS § 16-13-504). Whenever practicable, a court order for seizure prior to making a seizure is the preferred method. A large amount of money standing alone is insufficient to establish the probable cause required to make a seizure. 606.3.2 PROPERTY NOT SUBJECT TO SEIZURE The following property should not be seized for forfeiture: Cash and property that does not meet the district attorney's current minimum forfeiture thresholds should not be seized. The owner of the property is an "innocent owner" and did not have knowledge of the illegal conduct prompting the seizure (CRS § 16-13-303; CRS § 16-13-504). Rental vehicles, unless the seizing agency has probable cause to believe the motor vehicle rental company, at the time of rental, had knowledge or notice of the criminal activity for which the rental car was used (CRS § 16-13-315; CRS § 16-13-504). 606.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS When property or cash subject to this policy is seized, the North Metro Task Force officer making the seizure should ensure compliance with the following: Complete applicable seizure forms and present the appropriate copy to the person from whom the property is seized. If cash or property is seized from more than one person, a separate copy must be provided to each person, specifying the items seized. When property is seized and no one claims an interest in the property, the officer must leave the copy in the place where the property was found, if it is reasonable to do so. Complete and submit a report and original seizure forms within 24 hours of the seizure, if practicable. Forward the original seizure forms and related reports to the forfeiture reviewer within two days of seizure. The officer will book seized property as evidence with the notation in the comment section of the property form, "Seized Subject to Forfeiture." Property seized subject to forfeiture should be booked by the North Metro Task Force on a separate property form. No other evidence from the case should be booked on this form. Photographs should be taken of items seized, particularly cash, jewelry and other valuable items. Asset Forfeiture Policy - 392 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Asset Forfeiture Policy Officers who suspect property may be subject to seizure but are not able to seize the property the property is located elsewhere, the whereabouts of the property is unknown, it is real estate, bank accounts, non-tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer. 606.5 MAINTAINING SEIZED PROPERTY The North Metro Task Force is responsible for ensuring compliance with the following: All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition. All property received for forfeiture is checked to determine if the property has been stolen. All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest. Property received for forfeiture is not used unless the forfeiture action has been completed. 606.6 FORFEITURE REVIEWER The North Metro Task Force will appoint one or more officers as a forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a course approved by the Task Force on asset forfeiture. The responsibilities of the forfeiture reviewer include: Remaining familiar with forfeiture laws, particularly CRS § 16-13-501 et seq. and CRS § 16-13-301 et seq., in addition to the forfeiture policies of the district attorney. Serving as the liaison between the Task Force and the district attorney and ensuring prompt legal review of all seizures. Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures. Reviewing each seizure-related case and deciding whether the seizure is more appropriately made under state or federal seizure laws. The forfeiture reviewer should contact federal authorities when appropriate. Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. Ensuring that seizure forms are available and appropriate for agency use. These should include notice forms, a receipt form and a checklist that provides relevant guidance to officers. The forms should be available in languages appropriate for the region and should contain spaces for: 1. Names and contact information for all relevant persons and law enforcement officers involved. 2. Information as to how ownership or other property interests may have been determined verbal claims of ownership, titles, public records). 3. A space for the signature of the person from whom cash or property is being seized. 4. A tear-off portion or copy, which should be given to the person from whom cash or property is being seized, that includes the legal authority for the Asset Forfeiture Policy - 393 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Asset Forfeiture Policy seizure, information regarding the process to contest the seizure and a detailed description of the items seized. Ensuring that officers who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs) or General Orders. The training should cover this policy and address any relevant statutory changes and court decisions. Reviewing each asset forfeiture case to ensure that: 1. Written documentation of the seizure and the items seized is in the case file. 2. Independent legal review of the circumstances and propriety of the seizure is made in a timely manner. 3. Notice of seizure has been given in a timely manner to those who hold an interest in the seized property. 4. Property is released to those entitled to its return (CRS § 16-13-501.5; CRS § 16-13-302). 5. All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case. 6. Any cash received is deposited with the fiscal agent. 7. Assistance with the resolution of ownership claims and the release of property to those entitled is provided. 8. Current minimum forfeiture thresholds are communicated appropriately to officers. 9. This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law. Ensuring that a written plan that enables the Task Force to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement officers and attorneys who may assist in these matters is available. Selling or destroying forfeited property as ordered by a court (CRS § 16-13-506; CRS § 16-13-507; CRS § 16-13-311). Depositing forfeited money in the court registry where the forfeiture order was entered, and overseeing the sale to ensure that the proceeds are distributed as set forth in CRS § 16-13-311. Applying to the court for expenses reimbursement consistent with CRS § 16-13-311, when applicable, and sending copies of the documents to the district attorney. Unless directed by an authorized agent of the federal government, ensuring that no seized property is transferred to a federal agency for forfeiture under federal law unless an owner of the property is being prosecuted in federal court (CRS § 16-13-505; CRS § 16-13-307). Placing currency seized in an interest-bearing account during forfeiture proceedings after ensuring that portions of the bills have been photocopied for evidence at hearings (CRS § 16-13-510; CRS § 16-13-303). Ensuring that the process of selling or adding forfeited property to the Task Force's regular inventory is in accordance with all applicable laws and consistent with the department's use and disposition of similar property (CRS § 16-13-501.5; CRS § 16-13-302). Asset Forfeiture Policy - 394 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Asset Forfeiture Policy Upon completion of any forfeiture process, ensuring that no property is retained by the Task Force unless the Task Force Board of Directors authorizes the retention of the property for official use. Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures. Forfeiture reporting and expenditures should be completed in the manner prescribed by the law. 606.7 DISPOSITION OF FORFEITED PROPERTY No forfeited property shall be used and no forfeited proceeds shall be expended until the Committee on the Disposition of Forfeited Property approves (CRS § 16-13-702). Members are prohibited from purchasing forfeited property (CRS § 16-13-501.5; CRS § 16-13-302). No member of the Task Force may use property that has been seized for forfeiture until the forfeiture action has been completed and the Task Force Board of Directors have given written authorization to retain the property for official use. No department member involved in the decision to seize property should be involved in any decision regarding the disposition of the property Asset Forfeiture Policy - 395 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 608 Brighton Police Department Policy Manual Confidential Informants 608.1 PURPOSE AND SCOPE In many instances a successful investigation cannot be conducted without the use of confidential informants. To protect the integrity of the Brighton Police Department and the officers using informants, it shall be the policy of this department to take appropriate precautions by developing sound informant policies. 608.1.1 DEFINITIONS Definitions related to this policy include: Confidential informant - A person who provides information about criminal activity to law enforcement officers, whose identity is privileged in order to insulate the informant from retribution by those involved in crime. 608.2 INFORMANT FILE SYSTEM The Detective Section supervisor or the authorized designee shall be responsible for maintaining informant files. A separate file shall be maintained on each confidential informant. 608.2.1 FILE SYSTEM PROCEDURE Each file shall be coded with an assigned informant control number. An informant history shall be prepared to correspond to each informant file and shall include the following information: Informant's name and/or aliases Date of birth Physical description: height, weight, hair color, eye color, race, gender, scars, tattoos or other distinguishing features Current home address and telephone numbers Current employer, position, address and telephone numbers Vehicles owned and registration information Places frequented Informant's photograph Evidence that a criminal history check has been made Briefs of information provided by the informant and their subsequent reliability; if an informant is determined unreliable, the informant's file will be marked as "Unreliable." Name of officer initiating use of the informant Signed informant agreement Update on active or inactive status of the informant The informant files shall be maintained in a secure area within the Detective Section. These files shall be used to provide a source of background information about the informant, enable review and evaluation of information given by the informant, and minimize incidents that Confidential Informants - 396 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Confidential Informants could be used to question the integrity of investigators or the reliability of the confidential informant. Access to the informant files shall be restricted to the Command Staff and the Detective Section supervisor or their authorized designees. 608.3 USE OF INFORMANTS Before using an individual as a confidential informant, an officer must receive approval from the Detective Section supervisor. The officer shall compile sufficient information through a background investigation to determine the reliability, credibility and suitability of the individual, including age, maturity and risk of physical harm. 608.3.1 JUVENILE INFORMANTS The use of juvenile informants under the age of 13 years is prohibited. A parent or legal guardian's written consent shall be secured prior to the use of any juvenile informant between the age of 13 and 17. Final approval to use a juvenile informant must be obtained from the Chief of Police or the authorized designee. For purposes of this policy, a "juvenile informant" means any juvenile who participates, on behalf of this department, in a prearranged transaction or series of prearranged transactions with direct face-to-face contact with any party, when the juvenile's participation in the transaction is for the purpose of obtaining or attempting to obtain evidence of illegal activity by a third party, and where the juvenile is participating in the transaction for the purpose of reducing or dismissing a pending juvenile petition or criminal charge against the juvenile. 608.4 GUIDELINES FOR HANDLING CONFIDENTIAL INFORMANTS All confidential informants are required to sign and abide by the provisions of the Department informant agreement. The officer using the confidential informant shall discuss each of the provisions of the agreement with the confidential informant. Details of the agreement are to be approved in writing by the Detective Section supervisor before being finalized with the confidential informant. 608.4.1 RELATIONSHIPS WITH CONFIDENTIAL INFORMANTS No member of the Brighton Police Department shall knowingly maintain a social relationship with a confidential informant while off-duty, or otherwise become intimately involved with a confidential informant. Members of the Brighton Police Department shall neither solicit nor accept gratuities or engage in any private business transaction with a confidential informant. To maintain officer/informant integrity, the following requirements must be met: Officers shall not withhold the identity of an informant from the Command Staff, the Detective Section supervisor or their authorized designees. Identities of informants shall otherwise be kept confidential. Criminal activity by informants shall not be condoned. Informants shall be told they are not acting as police officers, employees or agents of the Brighton Police Department and that they shall not represent themselves as such. The relationship between officers and informants shall always be ethical and professional. Confidential Informants - 397 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Confidential Informants Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the Detective Section supervisor. Officers shall not meet with informants in a private place unless accompanied by at least one additional officer or with prior approval of the Detective Section supervisor. Officers may meet informants alone in an occupied public place, such as a restaurant. When contacting informants for the purpose of making payments, officers shall arrange for the presence of another officer whenever reasonably possible. 608.5 PAYMENT PROCEDURES The potential payment of large sums of money to any confidential informant must be done in a manner respecting public opinion and scrutiny. To maintain a good accounting of such funds requires a strict procedure for disbursements. 608.5.1 PAYMENT PROCEDURE The amount of funds to be paid to any confidential informant will be evaluated against the following criteria: The extent of the informant's personal involvement in the case The significance, value or effect on crime The amount of assets seized The quantity of the drugs seized The informant's previous criminal activity The level of risk taken by the informant Other factors that may motivate the informant The Detective Section supervisor will discuss the above factors with the Police Operations Captain and arrive at a recommended level of payment that will be subject to the approval of the Chief of Police or the authorized designee. 608.5.2 CASH DISBURSEMENT POLICY The following establishes a cash disbursement policy for confidential informants. No informant will be told in advance or given an exact amount for services rendered. 608.5.3 PAYMENT PROCESS A check should be requested by the Police Operations Captain, payable to the Detective Section supervisor. The case number shall be recorded justifying the payment. The signatures of the Chief of Police or the authorized designee and the City Manager or the authorized designee are required for disbursements over $500. The disbursement of money shall be handled in accordance with established state law and City policies, ordinances and protocols. To complete the transaction with the confidential informant, the Detective Section supervisor shall have the confidential informant initial the cash transfer form. The confidential informant will sign the form indicating the amount received, the date and that the confidential informant is receiving funds in payment for information voluntarily rendered in the case. The Brighton Police Department case number shall be recorded on the cash transfer form. A copy of the form will be kept in the confidential informant's file. Confidential Informants - 398 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Confidential Informants If the payment amount exceeds $500, a complete written statement of the confidential informant's involvement in the case shall be placed in the confidential informant's file. This statement shall be signed by the confidential informant verifying the statement as a true summary of their actions in the case. 608.5.4 REPORTING OF PAYMENTS Each confidential informant receiving a cash payment shall be informed of their responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the confidential informant should be provided IRS Form 1099 (26 CFR § 1.6041-1). If such documentation or reporting may reveal the identity of the confidential informant and by doing so jeopardize any investigation, the safety of peace officers or the safety of the confidential informant, then IRS Form 1099 should not be issued. In such cases, the confidential informant shall be provided a letter identifying the amount they must report on tax returns as "other income," and shall be required to return a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the confidential informant's file (26 CFR § 1.6041-3). 608.5.5 AUDIT OF PAYMENTS At least once every six months the Assistant to the Chief of Police or the authorized designee shall conduct a thorough audit of all informant funds for the purpose of accountability and security of the funds. Petty cash records, transfer forms, invoices, receipts and logs will assist with the audit process. Confidential Informants - 399 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 610 Brighton Police Department Policy Manual Eyewitness Identification 610.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this Department employ eyewitness identification techniques. 610.1.1 DEFINITIONS Definitions related to the policy include: Eyewitness identification process - Any field identification, live lineup or photographic identification. Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 610.2 POLICY This Department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. 610.3 INTERPRETIVE SERVICES Officers should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating officer should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 610.4 EYEWITNESS IDENTIFICATION PROCESS The Detective Section supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications. The process and any related forms or reports should provide: The date, time and location of the eyewitness identification procedure. The name and identifying information of the witness. The name of the person administering the identification procedure. Eyewitness Identification - 400 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Eyewitness Identification If applicable, the names of all of the individuals present during the identification procedure. An admonishment that the suspect may or may not be among those presented and that the witness is not obligated to make an identification. An admonishment to the witness that the investigation will continue regardless of whether an identification is made by the witness. A signature line where the witness acknowledges that they understand the identification procedures and instructions. The process and related forms should be reviewed at least annually and modified when necessary. 610.5 EYEWITNESS IDENTIFICATION Officers are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Officers should avoid mentioning that: • The individual was apprehended near the crime scene. • The evidence points to the individual as the suspect. • Other witnesses have identified, or failed to identify, the individual as the suspect. In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses. Whenever feasible, the eyewitness identification procedure should be audio and/or video recorded and the recording should be retained according to current evidence procedures. 610.5.1 PHOTOGRAPHIC AND LIVE LINEUP CONSIDERATIONS When practicable, the person composing the lineup and the person presenting the lineup should not be directly involved in the investigation of the case. When this is not possible, the member presenting the lineup must take the utmost care not to communicate the identity of the suspect in any way. When practicable, the employee presenting a lineup to a witness should not know which photograph or person is the suspect. Other persons or photos used in any lineup should bear similar characteristics to the suspect to avoid causing him/her to unreasonably stand out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect. The suspects should be placed in a different order within each lineup. The employee presenting the lineup to a witness should do so sequentially and not simultaneously show the witness one person at a time). The witness should view all persons in the lineup. The order of the suspect or the photos and the fillers should be randomized before being presented to each witness. A live lineup should only be used before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have begun, the investigating officer should contact the appropriate prosecuting attorney before proceeding. Eyewitness Identification - 401 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Eyewitness Identification 610.5.2 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show-ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identifications. A field elimination or show-up identification should not be used when independent probable cause exists to arrest a suspect. In such cases a live or photo lineup is the preferred course of action if eyewitness identification is contemplated. When initiating a field identification, the officer should observe the following guidelines: Obtain a complete description of the suspect from the witness. Assess whether a witness should be included in a field identification process by considering: 1. The length of time the witness observed the suspect. 2. The distance between the witness and the suspect. 3. Whether the witness could view the suspect's face. 4. The quality of the lighting when the suspect was observed by the witness. 5. Whether there were distracting noises or activity during the observation. 6. Any other circumstances affecting the witness's opportunity to observe the suspect. 7. The length of time that has elapsed since the witness observed the suspect. If safe and practicable, the person who is the subject of the show-up should not be handcuffed or in a patrol vehicle. When feasible, officers should bring the witness to the location of the suspect, rather than bring the suspect to the witness. A person should not be shown to the same witness more than once. In cases involving multiple suspects, witnesses should only be permitted to view the suspects one at a time. A person in a field identification should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect. If a witness positively identifies an individual as the perpetrator, officers should not conduct any further field identifications with other witnesses for that suspect. In such instances officers should document the contact information for any additional witnesses for follow up, if necessary. 610.6 DOCUMENTATION A thorough description of the eyewitness process and the results of any eyewitness identification should be documented in the case report. Witness comments of how certain the witness is of the identification or non-identification should be quoted in the report. If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. Eyewitness Identification - 402 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 612 Brighton Police Department Policy Manual Brady Material Disclosure 612.1 PURPOSE AND SCOPE This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called "Brady information") to a prosecuting attorney. 612.1.1 DEFINITIONS Definitions related to this policy include: Brady information - Information known or possessed by the Brighton Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant. Custodian of Personnel Records- A person designated by the Chief of Police to have access and control of all personnel records 612.2 POLICY The Brighton Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Brighton Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Department will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy. 612.3 DISCLOSURE OF INVESTIGATIVE INFORMATION Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be processed and transmitted to the prosecutor's office. If information is believed to be privileged or confidential confidential informant or protected personnel files), the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed. Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure whether evidence or facts are material, the officer should address the issue with a supervisor. Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the Department case file. Brady Material Disclosure - 403 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Brady Material Disclosure 612.4 DISCLOSURE OF PERSONNEL INFORMATION If a member of this Department is a material witness in a criminal case, a person or persons designated by the Chief of Police as the Custodian of Personnel Records shall examine the personnel file and/or internal affairs file of the officer to determine whether they contain Brady information. If Brady information is located, the following procedure shall apply: In the event that a motion has not already been filed by the criminal defendant or other party, the prosecuting attorney and Department member shall be notified of the potential presence of Brady material in the member's personnel file. The prosecuting attorney or department counsel should be requested to file a motion in order to initiate an in camera review by the court. 1. If no motion is filed, the supervisor should work with counsel to determine whether the records should be disclosed to the prosecutor. The Custodian of Personnel Records shall accompany all relevant personnel files during any in camera inspection to address any issues or questions raised by the court. If the court determines that there is relevant Brady material contained in the files, only that material ordered released will be copied and released to the parties filing the motion. 1. Prior to the release of any materials pursuant to this process, the Custodian of Personnel Records should request a protective order from the court limiting the use of such materials to the involved case and requiring the return of all copies upon completion of the case. If a court has determined that relevant Brady information is contained in the member's file in any case, the prosecutor should be notified of that fact in all future cases involving that member. The Custodian of Personnel Records should periodically examine the personnel files and/or internal affairs files of all officers who may be material witnesses in criminal cases to determine whether they contain Brady information. The obligation to provide Brady information is ongoing. If any new Brady information is identified, the prosecuting attorney should be notified. 612.5 INVESTIGATING BRADY ISSUES If the Department receives information from any source that a member may have issues of credibility, dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the information shall be investigated and processed in accordance with the Personnel Complaints Policy. 612.6 TRAINING Department personnel should receive periodic training on the requirements of this policy. Brady Material Disclosure - 404 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 613 Brighton Police Department Policy Manual Undercover and Decoy Operations 613.1 PURPOSE AND SCOPE Undercover, surveillance/stakeouts and decoy operations are labor intensive and require extensive commitment of investigative resources and special training. Such operations will generally be referred to the North Metro Task Force for assistance. The Task Force has the capability and training for performing such operations. 613.1.1 PROCEDURE Undercover and decoy operations assistance requests may be made by the Sergeant/Lieutenant in charge of Investigations. The North Metro Task Force should be contacted and arrangments made to conduct such operations. Undercover and Decoy Operations - 405 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 7 - Equipment ---PAGE BREAK--- Policy 700 Brighton Police Department Policy Manual Department Owned and Personal Property Policy 700.1 PURPOSE AND SCOPE Department employees are expected to properly care for Department property assigned or entrusted to them. Employees may also suffer occasional loss or damage to personal or Department property while performing their assigned duties. Certain procedures are required depending on the loss and ownership of the item. 700.2 DOCUMENTATION OF ISSUED PROPERTY All Department owned property issued shall be documented in the appropriate property sheet or equipment log and receipt acknowledged by signature. Upon an employee's separation from the Department, all issued equipment shall be returned and documentation of the return signed by a supervisor. 700.2.1 CARE OF DEPARTMENT PROPERTY Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and replacement of Department property assigned or entrusted to them. An employee's intentional or negligent abuse or misuse of Department property may lead to discipline including, but not limited to, the cost of repair or replacement or other disciplinary action as appropriate. Employees shall report through the chain of command, any loss, damage to or unserviceable condition of any Department-issued property or equipment assigned for their use. 1. A supervisor receiving such a report shall conduct an appropriate investigation and direct a memo to the appropriate Captain that shall include the result of his/her investigation and whether the employee followed proper procedures. The supervisor's report shall address whether reasonable care was taken to prevent the loss, damage or unserviceable condition. 2. A review by the staff to determine whether misconduct or negligence was involved should be completed. The use of damaged or unserviceable Department property should be discontinued as soon as practicable and, if appropriate and approved by the staff, replaced with comparable Department property as soon as available and following notice to a supervisor. Except when otherwise directed by competent authority or required by exigent circumstances, Department property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. Department property shall not be thrown away, sold, traded, donated, destroyed or otherwise disposed of without proper authority. In the event that any Department property becomes damaged or unserviceable, no employee shall attempt to repair the property without prior approval of a supervisor. Department Owned and Personal Property Policy - 407 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Department Owned and Personal Property Policy 700.2.2 PERSONAL PROPERTY DAMAGED IN THE LINE OF DUTY Authorized personal property owned by an officer that is damaged in the line of duty will generally be repaired or replaced at Department expense upon written request by the officer. The request should describe the property and the manner in which the property was damaged. Personal property that is damaged as the result of carelessness or neglect may not be repaired or replaced at Department expense subject to the review of the Division Commander. 700.3 LOSS OR DAMAGE OF PROPERTY OF ANOTHER Officers and other employees intentionally or unintentionally may cause damage to the real or personal property of another while performing their duties. Any employee who damages or causes to be damaged any real or personal property of another while performing any law enforcement function shall report it as provided below. A verbal report shall be made to the employee's immediate supervisor as reasonably soon as circumstances permit. A written report shall be submitted before the employee goes off-duty or within the time frame directed by the supervisor to whom the verbal report was made. 700.3.1 DAMAGE BY PERSON OF ANOTHER AGENCY If employees of another jurisdiction cause damage to personal property or property belonging to the City or Department, it shall be the responsibility of the employee present or the employee responsible for the property to make a verbal report to their immediate supervisor as reasonably soon as circumstances permit. The employee shall submit a written report before going off-duty or as otherwise directed by the supervisor. These written reports, accompanied by the supervisor's written report, shall be forwarded to the appropriate Captain. Department Owned and Personal Property Policy - 408 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 702 Brighton Police Department Policy Manual Personal Communication Devices 702.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued by the Department or personally owned, while on duty or when used for authorized work-related purposes. This policy generically refers to all such devices as Personal Communication Devices (PCD) but is intended to include all mobile telephones, personal digital assistants (PDA) and similar wireless two-way communications and/or portable Internet access devices. PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and microblogging, e-mailing, using video or camera features, playing games and accessing sites or services on the Internet. 702.2 POLICY The Brighton Police Department allows employees to utilize department-issued PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on-duty, or used off-duty in any manner reasonably related to the business of the Department, will be subject to monitoring and inspection consistent with the standards set forth in this policy. The inappropriate use of a PCD while on-duty may impair officer safety. Additionally, employees are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the employee and the employee's PCD records to civil or criminal discovery or disclosure under applicable public records laws. Employees who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory personnel. 702.3 PRIVACY POLICY Employees shall have no expectation of privacy with regard to any communication made with or stored in or through PCDs issued by the Department and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities. The use of any department-provided or -funded PCD, computer, Internet service, telephone service or other wireless service while on-duty is without any expectation of privacy that the employee might otherwise have in any communication, including the content of any such communication. Communications or data reception on personal, password-protected, web-based e-mail accounts and any other services are subject to monitoring if department equipment is used. In accordance with this policy, supervisors are authorized to conduct a limited administrative search of electronic files, without prior notice, consent or a search warrant, on department-issued or personally owned PCDs that have been used to conduct department-related business. Administrative searches can take place for work-related purposes that may be unrelated to investigations of employee misconduct and, as practicable, will be done in the presence of the affected employee. Prior to conducting any search of personally owned devices, supervisors shall consult with the Chief of Police. All such searches shall be fully documented in a written report. Personal Communication Devices - 409 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personal Communication Devices 702.4 DEPARTMENT-ISSUED PCD Depending on an employee's assignment and the needs of the position, the Department may, at its discretion, issue a PCD. Department-issued PCDs are provided as a convenience to facilitate on-duty performance only. Such devices and the associated telephone number shall remain the sole property of the Department and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause. 702.5 PERSONALLY OWNED PCD Employees may carry a personally owned PCD while on-duty, subject to the following conditions and limitations: Carrying a personally owned PCD is a privilege, not a right. The Department accepts no responsibility for loss of or damage to a personally owned PCD. Employees shall notify the Department in the event the PCD is lost or stolen. The PCD and any associated services shall be purchased, used and maintained solely at the employee's expense. The device should not be used for work-related purposes except in exigent circumstances unavailability of radio communications). Employees will have a reduced expectation of privacy when using a personally owned PCD in the workplace and have no expectation of privacy with regard to any department business-related communication. The device shall not be utilized to record or disclose any business-related information, including photographs, video or the recording or transmittal of any information or material obtained or made accessible as a result of employment with the Department, without the express authorization of the Chief of Police or the authorized designee. Use of a personally owned PCD while on-duty constitutes consent for the Department to access the PCD to inspect and copy data to meet the needs of the Department, which may include litigation, public records retention and release obligations and internal investigations. If the PCD is carried on-duty, employees will provide the Department with all telephone access numbers for the device. Except with prior express authorization from their supervisor, employees are not obligated or required to carry, access, monitor or respond to electronic communications using a personally owned PCD while off-duty. 702.6 USE OF PERSONAL COMMUNICATION DEVICES The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business: A PCD shall not be carried in a manner that allows it to be visible while in uniform, unless it is in an approved carrier. A PCD may not generally be used to conduct personal business while on-duty, except for brief personal communications informing family of extended hours). Employees may use a PCD to communicate with other personnel in situations where the use of the radio is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid or in lieu of regular radio communications. Personal Communication Devices - 410 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personal Communication Devices Officers are prohibited from disclosing department related pictures, video or audio recordings or making copies of any such picture or recording media to any third party through any means, without the express authorization of the Chief of Police or the authorized designee. Employees will not access social networking sites for any purpose that is not official department business. Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any employee having knowledge of such conduct shall notify a supervisor. 702.7 SUPERVISORY RESPONSIBILITIES Supervisors should ensure that members under their command are provided appropriate training on the use of PCDs consistent with this policy. Supervisors should monitor, to the extent practicable, PCD use in the workplace and take prompt corrective action if an employee is observed or reported to be improperly using a PCD. An investigation into improper conduct should be initiated when circumstances warrant. 702.8 USE OF A PCD WHILE DRIVING The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD. Except in an emergency, employees who are operating non-emergency vehicles should not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use (CRS § 42-4-239). Hands-free use should be restricted to business-related calls or calls of an urgent nature. 702.9 OFFICIAL USE OF PERSONAL COMMUNICATION DEVICES Employees are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, employees shall conduct sensitive or private communications on a land-based or other department communications network. The following situations are examples of when the use of a PCD may be appropriate: Barricaded suspects Hostage situations Mobile Command Post Catastrophic disasters, such as plane crashes, earthquakes, floods, etc. Major political or community events Investigative stakeouts Emergency contact with an allied agency or allied agency field unit When immediate communication is needed and the use of the radio is not available or appropriate and other means are not readily available Personal Communication Devices - 411 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 704 Brighton Police Department Policy Manual Vehicle Maintenance 704.1 PURPOSE AND SCOPE Employees are responsible for assisting in maintaining Department vehicles so that they are properly equipped, maintained, refueled and present a clean appearance. 704.2 DEFECTIVE VEHICLES When a Department vehicle becomes inoperative or in need of a repair that affects the safety of the vehicle, that vehicle shall be removed from service for repair. Proper documentation shall be completed by the employee who becomes aware of the defective condition. Paperwork, describing the correction needed, shall be forwarded to vehicle maintenance for repair. The employee's supervisor should be notified when an assigned vehicle becomes inoperative or needs of repair. 704.2.1 REMOVING VEHICLES FROM SERVICE Vehicles that may have suffered damage, perform poorly or whose control or safety features has been diminished shall be immediately removed from service for inspection and repair. 704.2.2 SEVERE USE INSPECTION Vehicles operated under severe use conditions, which include operations for which the vehicle is not designed or that exceeds the manufacturer's use parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Severe conditions may include rough roadway or off-road operation, hard or extended braking, pursuits or prolonged high-speed operation. 704.2.3 REMOVAL OF WEAPONS DURING REPAIRS All firearms, weapons and kinetic impact weapons shall be removed from a vehicle and properly secured in the armory prior to the vehicle being released for maintenance, service or repair. 704.3 VEHICLE EQUIPMENT Certain items shall be maintained in all Department vehicles for emergency purposes and to perform routine duties. 704.3.1 PATROL VEHICLE EQUIPMENT Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following equipment, at a minimum, is in the vehicle: Emergency road flares Yellow crayon, chalk or marking paint Crime scene barricade tape First-aid kit, CPR mask Blanket Fire extinguisher Vehicle Maintenance - 412 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Maintenance Bloodborne pathogen kit, including protective gloves and NIOSH particulate respirator mask Sharps container Hazardous waste disposal bag Hazardous materials emergency response handbook Evidence collection kit 704.3.2 UNMARKED VEHICLE EQUIPMENT An employee driving an unmarked Department vehicle shall ensure that, at minimum, the equipment listed below is in the vehicle: First-aid kit, CPR mask Blanket Traffic safety vest Hazardous materials emergency response handbook 704.4 PATROL VEHICLE REFUELING Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place a vehicle in service that has less than one-quarter tank of fuel. Whenever practicable, vehicles should be fully fueled before the end of a patrol shift and refueled before the level falls below one-quarter tank. 704.5 WASHING AND CLEANING OF VEHICLES All units shall be kept clean at all times and, weather conditions permitting, shall be washed as necessary to enhance their appearance. Employees using a vehicle shall remove any trash or debris at the end of the shift. Confidential documents to be discarded should be placed in a designated receptacle provided for the shredding of this material. 704.6 CIVILIAN EMPLOYEE USE OF MARKED PATROL VEHICLES Civilian employees using marked vehicles shall ensure all weapons are removed from the vehicle before going into service. Civilian employees shall also prominently display the "out of service" placards or light bar covers at all times. Civilian employees shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. Vehicle Maintenance - 413 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 706 Brighton Police Department Policy Manual Vehicle Use 706.1 PURPOSE AND SCOPE This policy establishes a system of accountability to ensure City-owned vehicles are used appropriately. For the purposes of this policy, "City-owned" includes any vehicle owned, leased or rented by the City. 706.2 POLICY The Department provides vehicles for official business use and may assign take-home vehicles based on its determination of operational efficiency, economic impact to the Department, tactical deployments and other considerations. 706.3 USE OF VEHICLES City-owned vehicles shall only be used for official business and, when approved, for commuting to allow members to respond to department-related business outside their regular work hours. Members shall not operate a City-owned vehicle at any time when impaired by drugs and/or alcohol. Any member operating a vehicle equipped with a two-way communications radio, MDT and/or a GPS device shall ensure the devices are on and set to an audible volume whenever the vehicle is in operation. 706.3.1 SHIFT ASSIGNED VEHICLES Members who use a fleet vehicle as part of their work assignment shall ensure that the vehicle is properly checked out and logged on the daily shift roster, according to current procedures, prior to taking it into service. If for any reason during the shift the vehicle is exchanged, the member shall ensure that the exchanged vehicle is likewise properly noted on the daily shift roster. Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of the shift. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be reported to a supervisor and documented as appropriate. 706.3.2 UNSCHEDULED USE OF VEHICLES Members utilizing a City-owned vehicle for any purpose other than their regularly assigned duties shall first notify the Shift Sergeant of the reasons for use and a notation will be made on the shift roster indicating the operator's name and vehicle number. This section does not apply to members permanently assigned an individual vehicle command staff, investigators), who regularly use the vehicle on an unscheduled basis as part of their normal assignment. 706.3.3 UNMARKED VEHICLES Except for use by the assigned member, unmarked units shall not be used without first obtaining approval from the supervisor of the unit to which the vehicle is assigned. Vehicle Use - 414 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Use 706.3.4 DETECTIVE SECTION DIVISION VEHICLES Detective Section Division vehicle use is restricted to investigative personnel during their assigned work hours unless approved by an Detective Section Division supervisor. Detective Section Division members shall record vehicle usage via the sign-out log maintained in the Division. After-hours use of Detective Section Division vehicles by members not assigned to the Detective Section Division shall be recorded with the Shift Sergeant on the shift roster. 706.3.5 AUTHORIZED PASSENGERS Members operating City-owned vehicles shall not permit persons other than City members or persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride as a passenger in their vehicle. 706.3.6 PARKING Except when responding to an emergency or other urgent official business requires otherwise, members driving City-owned vehicles should obey all parking regulations at all times. City-owned vehicles should be parked in their assigned stalls. Members shall not park privately owned vehicles in any stall assigned to a City-owned vehicle or in any other areas of the parking lot that are not designated as a parking space unless authorized by a supervisor. Privately owned shall be parked in designated areas. 706.3.7 VEHICLE INSPECTIONS AFTER TRANSPORTING A PRISONER OR SUSPECT The interior of any vehicle that has been used to transport any person other than a member should be inspected prior to placing another person in the vehicle and again after the person is removed. This is to ensure that unauthorized or personal items have not been left in the vehicle. When transporting any suspect, prisoner or arrestee the transporting officer shall search all areas of the vehicle that are accessible by the person before and after the person is transported. 706.3.8 PRIVACY All City-owned vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 706.4 ASSIGNED VEHICLES Members who have been assigned a take-home vehicle may use the vehicle to commute to the workplace and for department-related business. The member must be approved for an assigned vehicle by his/her Captain and shall sign an agreement that includes the following criteria: The member must live within a 30-minute commute of his/her regularly assigned work location (based on average traffic flow). A longer response time may be permitted subject to Captain approval. Members who reside outside the permissible response time may be required to secure or garage the vehicle at a designated location or the central office at the discretion of the Captain. Time spent during normal commuting is not compensable. Vehicle Use - 415 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Use City-owned vehicles shall not be used for personal errands or other personal business unless approved by a supervisor for exceptional circumstances. The member may be required to maintain insurance covering any commuting or personal use. The member may be responsible for the care and maintenance of the vehicle. The Department should provide necessary care and maintenance supplies. The vehicle shall be parked in secure off-street parking shall be available at the member's residence. Vehicles shall be locked when not attended. If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons not secured in a locked weapon rack shall be removed from the interior of the vehicle and properly secured in the residence (see the Firearms and Qualification Policy regarding safe storage of firearms at home). When the member will be away on vacation) the vehicle shall be parked at the Police Department. All department identification, portable radios and equipment should be secured. Members are cautioned that under federal and local tax rules, personal use of a City-owned vehicle may create an income tax liability to the member. Members should address questions regarding tax consequences to their tax adviser. The assignment of vehicles is at the discretion of the Chief of Police. Assigned vehicles may be changed at any time and/or permission to take home a vehicle may be withdrawn at any time. 706.5 VEHICLE KEYS All uniformed field members approved to operate marked patrol vehicles should be issued a copy of the unit key as part of their initial equipment distribution upon hiring. Officers shall not duplicate keys. Members assigned a permanent vehicle should be issued keys for their assigned vehicle. The loss of any key shall be reported in writing through the member's chain of command. 706.6 ENFORCEMENT ACTIONS OUTSIDE OF THE JURISDICTION When driving an assigned vehicle to and from work outside of the jurisdiction of the Brighton Police Department, an officer should avoid becoming directly involved in enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off-Duty Law Enforcement Actions Policy and the Law Enforcement Authority Policy). Officers may render public assistance to a stranded motorist) when it is deemed prudent. Officers shall, at all times while driving a marked City-owned vehicle, be armed, appropriately attired and carry their department-issued identification. Officers should also ensure that department radio communication capabilities are maintained to the extent feasible. Vehicle Use - 416 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Vehicle Use 706.7 MAINTENANCE AND INSPECTIONS Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Members shall make daily inspections of their assigned vehicles for service/maintenance requirements and damage. It is the assigned member's responsibility to ensure that his/her assigned vehicle is maintained according to the established service and maintenance schedule. Supervisors shall make, at a minimum, inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with policy. 706.7.1 ACCESSORIES AND/OR MODIFICATIONS No modifications, additions or removal of any equipment or accessories shall be made to the vehicle without permission from the Captain in charge of the police fleet. 706.8 VEHICLE DAMAGE, ABUSE AND MISUSE When a City-owned vehicle is involved in a traffic accident or otherwise incurs damage, the involved member shall notify a supervisor. Any traffic accident report shall be filed with the agency having jurisdiction (see also the Traffic Accident Response and Reporting Policy). When a collision involves a City vehicle or when a member of this Department is an involved driver in an accident that occurs in this jurisdiction, and the accident results in serious injury or death, the supervisor should request that an outside law enforcement agency be summoned to investigate the accident. The member involved in the collision shall complete the City's vehicle accident form. If the member is unable to complete the form, the supervisor shall complete the form. Any damage to a vehicle that was not caused by a traffic accident shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format and forwarded to the Shift Sergeant. An administrative investigation should be initiated to determine if there is any vehicle abuse or misuse. 706.9 TOLL ROAD USAGE Except for limited sections of E470, Department vehicles are not routinely exempted from incurring toll road charges. To avoid unnecessary toll road charges, all members operating a City-owned vehicle upon the toll road shall adhere to the following: All members operating a City-owned vehicle for any reason other than in response to an emergency shall pay the appropriate toll charge or utilize the appropriate toll way transponder. Members may submit a request for reimbursement from the City for any toll fees incurred in the course of official business. All members passing through a toll plaza or booth in which a toll is charged during a response to an emergency shall notify, in writing, the appropriate Captain within five working days explaining the circumstances. Vehicle Use - 417 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 710 Brighton Police Department Policy Manual Cash Handling, Security and Management 710.1 PURPOSE AND SCOPE The proper handling and documentation of cash transactions and the maintenance of accurate records of cash transactions is important to protect the integrity of police operations and to ensure the public trust. 710.2 PETTY CASH FUNDS Employees designated as fund managers and authorized to maintain and manage petty cash funds are the Records Supervisor and the Senior Administrative Assistant. These persons may delegate this responsibility to another person in their absence. All funds require the creation and maintenance of an accurate and current transaction ledger and filing of invoices, receipts and expense reports by the fund manager. 710.3 PETTY CASH TRANSACTIONS The fund manager shall document all transactions on the ledger and other appropriate forms. Each person participating in the transaction shall sign or otherwise validate the ledger attesting to the accuracy of the entry. Transactions should include the filing of an appropriate receipt or invoice. Transactions not documented by a receipt, invoice or cash transfer form require an expense report. 710.4 PETTY CASH AUDITS The fund manager of a petty cash fund shall audit the fund no less than once every six months. This audit requires that the fund manager and at least one other person, selected by the fund manager, review the ledger, records, receipts and funds, verifying the accuracy of the accounting. Each participant of the audit shall sign or otherwise validate the ledger attesting to the accuracy of all documentation and fund accounting. A discrepancy in the audit requires documentation by those performing the audit and immediate reporting of the discrepancy to the Chief of Police. Should fund management be transferred to any person, each transfer of this responsibility shall require completion of a separate petty cash audit by those persons involved in the transfer. A separate audit by the Chief of Police or the City should be completed on a random date approximately once each year on each petty cash fund. 710.5 OTHER CASH HANDLING Members of the Department who, within the course of their duties come into the possession of cash that is not their property or is outside their defined cash handling duties shall, as soon as reasonably practicable, verify the amount of cash, summon another employee to verify their accounting, and process the cash as safekeeping, evidence or found property. Cash in excess of $100 requires immediate notification of a supervisor as well as special handling, verification and accounting by a supervisor. Each employee involved in this handling, verification or processing of cash shall complete an appropriate report or record entry. Cash Handling, Security and Management - 418 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 8 - Administrative and Support Services ---PAGE BREAK--- Policy 800 Brighton Police Department Policy Manual Crime Analysis 800.1 PURPOSE AND SCOPE Crime analysis should provide current, useful information to aid operational personnel in meeting its tactical crime control and prevention objectives. Crime analysis is intended to help identify and analyze the methods of operation of individual criminals, providing crime pattern recognition and analysis of data from field interrogations and arrests. Crime analysis can be useful to the Department's long-range planning efforts by providing estimates of future crime trends and assisting in the identification of enforcement priorities. The Crime Analysis Section operates under the direction of the Assistant to the Chief of Police. 800.2 DATA SOURCES Crime analysis data is extracted from many sources including, but not limited to: Crime reports Field Interview records Parole and probation records Computer Aided Dispatch data 800.3 CRIME ANALYSIS FACTORS The following minimum criteria should be used in collecting data for crime analysis: Frequency by type of crime Geographic factors Temporal factors Victim and target descriptors Suspect descriptors Suspect vehicle descriptors Modus operandi factors Physical evidence information 800.4 CRIME ANALYSIS DISSEMINATION For a crime analysis system to function effectively, information should be disseminated to the appropriate units or persons on a timely basis. Information that is relevant to the operational and tactical plans of specific line units should be sent directly to those units. Information relevant to the development of the Department's strategic plans should be provided to the appropriate staff units. When information pertains to tactical and strategic plans, it should be provided to all affected units. Crime Analysis - 420 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 804 Brighton Police Department Policy Manual Property and Evidence Procedures 804.1 PURPOSE AND SCOPE This policy provides for the proper collection, storage, security and disposition of evidence and other property. This policy also provides for the protection of the chain of custody and those persons authorized to remove and/or destroy property. The Property and Evidence Section operates under the direction of the Operations Division Captain. 804.1.1 PROPERTY AND EVIDENCE SECTION SECURITY The Department Criminalist and the Property and Evidence Technician are the Property and Evidence Custodians. The Property and Evidence Custodians shall maintain secure storage and control of all property necessitating custody by the Department. The Property and Evidence staff report to the Detective Section supervisor and are responsible for the security of the Property and Evidence Section. Property and Evidence Section keys are maintained only by the Property and Evidence staff. An additional key is in a sealed and initialed envelope maintained in a secured area belonging to the Operations Division Captain. The Property and Evidence Custodians shall not loan Property and Evidence Section keys to anyone and shall maintain keys in a secure manner. Any individual entering the Property and Evidence Section Evidence Vault, other than the Property and Evidence staff, must be accompanied by Property and Evidence staff or others specifically authorized by the Operations Division Captain. If entry must be made by anyone without the presence of a Property and Evidence staff member, then another witness must be present. They must sign in and out on the logbook, giving the date and time of entry and exit, and the purpose, including a specific case or property number. The entry shall be initialed by the accompanying individual. All property and evidence stored by the Department will be stored in the secured Property and Evidence Section Evidence Vault or other secured storage areas of the Department. 804.2 DEFINITIONS Definitions related to this policy include: Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. Found property - Includes property found by an employee or citizen where the owner cannot be readily identified or contacted and has no apparent evidentiary value. Safekeeping - Includes the following types of property: Property obtained by the Department for safekeeping, such as a firearm Personal property of an arrestee not taken as evidence Property taken for safekeeping under authority of a law Property and Evidence Custodian- Persons designated as accountable for control of all property and evidence accepted by or stored in the Department's property and evidence storage areas. Property and Evidence Procedures - 421 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures Criminalist- One of the Property and Evidence Custodians for the Department Property and Evidence Technician- A property and evidence specialist who serves as one of the Property and Evidence Custodians for the Department 804.3 PROPERTY HANDLING Any employee who first comes into possession of any property shall retain such property in their possession until it is properly tagged and placed in the designated property locker or storage room, along with the property label as soon as possible. Care shall be taken to maintain the chain of custody for all evidence. A written report detailing the circumstances by which the property came into the Department's possession and describing each item of property must also be completed as soon as possible. Where ownership can be established as to found property that has no apparent evidentiary value, excluding contraband, such property may be released to the owner without the need for booking. The property documentation must be completed to document the release of property not booked. The owner shall sign the appropriate form acknowledging receipt of the item. 804.3.1 PROPERTY BOOKING PROCEDURES All property must be booked prior to the employee going off-duty. Employees booking property shall observe the following guidelines: Complete the property form describing each item separately, listing all serial numbers, owner's name, finder's name and other identifying information or markings. The officer shall mark each item of evidence with initials, date and case number. Items too small to mark, or that will be damaged, degraded or devalued by marking, should be individually packaged, labeled and the package marked with initials and date. Complete an evidence/property tag and attach it to each package or envelope in which the property is stored. Place the case number in the appropriate field of the evidence/property tag. When the property is too large to be placed in a temporary property locker, the item may be temporarily stored in an appropriate Department location that can be secured from unauthorized entry. The location shall be secured to prevent entry and a completed property label placed into a numbered property locker indicating the location of the property. 804.3.2 NARCOTICS AND DANGEROUS DRUGS All narcotics and dangerous drugs shall be booked separately using a separate property record. Drug and narcotics paraphernalia shall also be booked separately. The officer seizing the narcotics and dangerous drugs shall place them in the designated temporary property locker. 804.3.3 EXPLOSIVES Officers who encounter a suspected explosive device shall notify an immediate supervisor or the Shift Sergeant. The bomb squad will be called to handle explosive-related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives. Property and Evidence Procedures - 422 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures Explosives will not be retained in the police facility. Only fireworks that are considered stable and safe and road flares or similar signaling devices may be booked into property. Fireworks and similar items are not booked into the Evidence Room. They are entered as related property in ILeads and photographed. All such items shall be stored in the blue storage bin near the storage garage designated for the storage of flammable materials outside of the Police Building. The property and evidence technician is responsible for transporting to an appropriate agency that is equipped to safely dispose of such materials, on a regular basis, any fireworks or signaling devices that are not retained as evidence. 804.3.4 EXCEPTIONAL HANDLING Certain property items require a separate process. The following items shall be processed in the described manner: Any evidence collected which may contain DNA, should be properly labeled as such. Property stained with bodily fluids such as blood or semen stains shall be air-dried prior to booking. License plates found not to be stolen or connected with a known crime should be released directly to the property and evidence technician or placed in the designated container. No formal property booking process is required. All bicycles and bicycle frames require a property record. Property tags will be securely attached to each bicycle or bicycle frame. The property may be released directly to the property and evidence technician or placed in the bicycle storage area until a property and evidence technician can log the property. All cash shall be counted in the presence of another officer and the envelope initialed by both officers. A supervisor shall be contacted for cash in excess of $100. The supervisor shall also witness the count and will initial and date the property documentation and specify any additional security procedures to be used. All evidence collected by personnel processing a crime scene requiring specific storage requirements pursuant to laboratory procedures should clearly indicate storage requirements on the property label. Items that are potential biohazards shall be appropriately packaged and marked to reduce the risk of exposure or contamination. City property, unless connected to a known criminal case, should be released directly to the appropriate City department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. 804.4 PACKAGING OF PROPERTY Packaging will conform to certain procedures. Certain items require special consideration and shall be booked separately as follows: Controlled substances Firearms are stored with a plastic tie placed through the action of the firearm. Nothing shall be placed in the barrel of the firearm. All firearms must be unloaded, rendered safe, and booked separately from ammunition. Property with more than one known owner Drug paraphernalia Property and Evidence Procedures - 423 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures Fireworks Contraband Biohazards 804.4.1 PACKAGING CONTAINERS Employees shall package all property in a suitable container that is appropriate for its size. Knife boxes should be used to package knives or any other sharp items. Handgun boxes should be used for handguns. Syringe tubes should be used to package syringes and needles. A property tag shall be securely attached to the outside of all items or group of items packaged together. 804.4.2 PACKAGING CONTROLLED SUBSTANCES The officer seizing narcotics and dangerous drugs shall retain such property in their possession until it is properly weighed, packaged, tagged and placed in the designated drug locker. Prior to packaging and if the quantity allows, a presumptive test should be made on all suspected controlled substances. When conducted, the result of this test shall be included in the officer's report. Narcotics and dangerous drugs shall be packaged in a container of appropriate size, available in the packaging room. The booking officer shall initial the sealed container. Controlled substances shall not be packaged with other property. The booking officer shall weigh the suspected narcotics or dangerous drugs in the container in which it was seized. A full description of the item, along with packaging and total weight of the item as seized, will be placed in the case report and on the property label. After packaging and sealing as required, the entire package will be weighed and the Gross Package Weight (GPW) will be written on the outside of the package, initialed and dated by the packaging officer. The GPW will be verified every time the package is checked in or out of the Property and Evidence Section. Any discrepancies shall be noted on the outside of the package. Any change in weight should be immediately reported to the Detective Section supervisor. A completed property tag shall be attached to the outside of the container. 804.4.3 RIGHT OF REFUSAL The Property and Evidence Technician has the right to refuse any piece of property that is hazardous or that has not been properly documented or packaged. Should the property and evidence technician refuse an item of property, they shall maintain secure custody of the item in a temporary property locker or other safe location and inform the submitting officer's supervisor. 804.5 RECORDING OF PROPERTY The Property and Evidence technician receiving custody of evidence or property shall process the items in accordance with the current Department Property/Evidence Manual. 804.6 PROPERTY CONTROL Each time the Property and Evidence technician receives property or releases property to another person, they shall enter this information on the chain of custody. Officers desiring Property and Evidence Procedures - 424 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures property for court shall contact the Property and Evidence technician at least one day prior to the court day. 804.6.1 RESPONSIBILITIES OF OTHER PERSONNEL Every time property is released or received, an appropriate entry on the evidence package shall be completed to maintain the chain of custody. No property or evidence is to be released without first receiving written authorization from a supervisor, a Detective, or the case officer. Request for analysis of items other than controlled substances shall be completed on the appropriate forms and submitted to the Property and Evidence technician. This request may be filled out anytime after booking of the property or evidence. 804.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY The transporting employee will check the evidence out of property, indicating the date and time on the chain of custody and the request for laboratory analysis. The property and evidence technician releasing the evidence must complete the required information on the chain of custody. The lab forms will be transported with the property to the examining laboratory. Upon delivering the item involved, the officer will record the delivery time on chain of custody and the employee to whom it was delivered. 804.6.3 STATUS OF PROPERTY Each person receiving property will make the appropriate entry to document the chain of custody. Temporary release of property to officers for investigative purposes, or for court, shall be noted on the chain of custody, stating the date, time and to whom it was released. The property and evidence technician shall obtain the signature of the person to whom property was released and the reason for release. Any employee receiving property shall be responsible for such property until it is returned to the Property and Evidence Section or released to another authorized person or entity. The return of the property should be recorded on the chain of custody, indicating date, time and the person who returned it. 804.6.4 AUTHORITY TO RELEASE PROPERTY The Property and Evidence technician shall not release any property without a signed authorization from an appropriate authorized member of the Department. The Detective Section or case officer shall authorize the disposition or release of all evidence and property coming into the care and custody of the Department. For property in custody of the Department for investigatory or prosecutorial purposes and owned by a victim or witness, a property and evidence technician shall, upon the request of the owner: Provide a list describing the property, unless such release would seriously impede an investigation. Return the property expeditiously, unless the property is contraband or required as evidence. Upon the direction of a prosecuting attorney, property held as evidence of a crime may be photographed and released to the owner. Property and Evidence Procedures - 425 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures 804.6.5 RELEASE OF PROPERTY A reasonable attempt shall be made to identify the rightful owner of found or stolen property or evidence not needed for an investigation. Property belonging to a crime victim shall be released to the victim unless needed for evidence (CRS 24-4.1-302.5(1)(k)). Following a request from the victim, property no longer needed for evidence shall be returned to the victim within five working days unless the property is contraband or subject to forfeiture proceedings (CRS § 24-4.1-303(7)). Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be signed by the authorizing supervisor or investigator and must conform to the items listed on the property label or must specify the specific item to be released. Release of all property shall be properly documented. With the exception of firearms and other property specifically regulated by statute, found property and property held for safekeeping shall be held for a minimum of 60 days. During such period, property and evidence personnel shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. If no rightful owner of the found property is located, the property can be returned to the person who found the property in accordance with established law. Property not held for any other purpose and not claimed within 60 days after notification (or receipt, if notification is not feasible) may be auctioned to the highest bidder at a properly published public auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be destroyed. A Property and Evidence technician shall release the property to the owner or finder, upon valid identification and proper documentation presented by the owner or finder, for which an authorized release has been received. The owner or finder shall also pay any costs incurred by the agency, including costs for advertising or storage. A signature of the person receiving the property shall be recorded on the original property documentation. Upon release or other form of disposal, the proper entry shall be recorded in all property documentation and logs. 804.6.6 STOLEN OR EMBEZZLED PROPERTY Stolen or embezzled property or property believed to be stolen or embezzled that is in the custody of this Department shall be restored to the legal owner. Such property may be released from law enforcement custody when the following is satisfied (CRS § 13-25-130(3)): Photographs of the property are filed and retained by the Property and Evidence Section. Satisfactory proof of ownership is shown by the owner. A declaration of legal ownership is signed under penalty of perjury. If a defendant has been filed upon, they have been notified that such photographs, video tapes or films have been taken, recorded or produced. A receipt for the property is obtained from the owner upon delivery. Property and Evidence Procedures - 426 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures 804.6.7 DISPUTED CLAIMS TO PROPERTY Occasionally more than one party may claim an interest in property being held by the Department, and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a court order or other proof of the undisputed right to the involved property. All parties should be advised that their claims are civil. In extreme situations, legal counsel for the Department may be asked to file an interpleader in court to resolve the disputed claim. 804.6.8 RELEASE AND DISPOSAL OF FIREARMS A firearm may not be released until it has been verified that the person receiving the weapon is not prohibited from receiving or possessing the weapon as provided by 18 USC § 922 CRS 18-1-1001; or CRS 18-6-801. Firearms will be held a minimum of 90 days before disposal. The 90 day period begins on the date the notification letter is mailed to the owner of the firearm. If the firearm is being held as evidence, it may not be released without prior authorization from the prosecuting attorney. Any firearm or other deadly weapon seized as a result of a Mental Health Civil Commitment will not be returned without a court order directing the Department to do so. Pursuant to CRS 18-12-112 the Brighton Police Department must complete a background check through the Colorado Bureau of Investigations Instacheck system before releasing a firearm to any person. The person receiving the firearm will be responsible for any fees incurred as a result of the release process. 804.7 DISPOSITION OF PROPERTY All property not held for evidence in a pending criminal investigation or proceeding, and held for six months or longer where the owner has not been located or fails to claim the property, may be sold at a public auction in compliance with existing laws, upon receipt of proper authorization for disposal. The property and evidence technician shall request a disposition or status on all property which has been held in excess of 60 days and for which no disposition has been received from a supervisor or detective. Upon any release or sale of any property, the proper notation shall be made on the chain of custody. Abandoned motor vehicles impounded by the Department may be sold at a public or private sale following notice pursuant to CRS § 42-4-1805. 804.7.1 EXCEPTIONAL DISPOSITIONS The following types of property shall be destroyed or disposed of in the manner and at the time prescribed by law or by a court of competent jurisdiction: Weapons declared by law to be nuisances Animals, birds and equipment related to their care and containment that have been ordered forfeited by the court Counterfeiting equipment Property and Evidence Procedures - 427 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures Gaming devices Obscene matter ordered to be destroyed by the court Altered vehicles or component parts Narcotics Unclaimed, stolen or embezzled property Destructive devices 804.7.2 UNCLAIMED MONEY If found money is no longer required as evidence and remains unclaimed after 60 says, the money is presumed to be abandoned property (Municipal Ordinance 2-12-70). 804.8 RETENTION OF BIOLOGICAL EVIDENCE The Property and Evidence Section supervisor shall ensure that no biological evidence held by the Department is destroyed without adequate notification to the following persons, when applicable: The defendant The defendant's attorney The appropriate prosecutor Any sexual assault victim The Detective Section Division supervisor Biological evidence shall be retained for a minimum period established by law or the expiration of any sentence imposed related to the evidence, whichever time period is greater. Following the retention period, notifications should be made by certified mail and should inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on the Department within 90 days of the date of the notification. A record of all certified mail receipts shall be retained in the appropriate file and a copy forwarded to the Operations Division Captain. Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Chief of Police and the head of the applicable prosecutor's office. Biological evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations. Even after expiration of the applicable statute of limitations, the Operations Division Captain should be consulted and the sexual assault victim should be notified. 804.8.1 SUFFICIENT SAMPLE PRESERVATION OF DNA EVIDENCE DNA evidence that is subject to preservation pursuant to CRS § 18-1-1103 shall be preserved in an amount and manner sufficient to develop a DNA profile, based on the best scientific practices at the time of collection, from the biological material contained in or included on the evidence (CRS § 18-1-1104(2)). If DNA evidence is of such a size, bulk or physical character as to render retention impracticable, the property and evidence technician shall remove and preserve portions of Property and Evidence Procedures - 428 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures the evidence likely to contain DNA related to the offense in a quantity sufficient, based on the best scientific practices at the time of collection, to permit future DNA testing. The preserved DNA evidence shall, whenever possible, include a sample sufficient to allow for independent testing by the defendant. After preserving the necessary amount of the DNA evidence, the remainder of the evidence may be properly destroyed as allowed by law. 804.8.2 DNA RECORDS RETENTION AND PRESERVATION The Department shall maintain a DNA record for the statutory period of a DNA specimen collection from an eligible individual from the date of collection. DNA evidence collected in reference to a criminal investigation of a felony that does not result in or has not resulted in charges being filed shall be preserved for the length of the statute of limitations for the felony crime that was investigated (CRS § 18-1-1103(1)). Except as provided by law (CRS § 18-1-1105; CRS § 18-1-1106; CRS § 18-1-1107), the Department shall preserve the DNA evidence for the life of a defendant who is convicted, if the sample was collected in a criminal investigation that resulted in a conviction listed in CRS § 18-1-1102(1); CRS § 18-1-1103(2). A court may order the Department to preserve existing biological evidence for DNA testing at the request of a defendant (CRS § 18-1-414(2)). 804.8.3 EXPUNGEMENT OF DNA EVIDENCE A person may qualify for expungement and destruction of DNA evidence. This Department will destroy DNA evidence after written notice is received from the Colorado Bureau of Investigation (CRS § 16-23-105). 804.8.4 DISPOSITION OF DNA EVIDENCE In cases described in state law (CRS § 18-1-1102(1)(c); CRS § 18-1-1102(1)(d)), the Department may seek to dispose of DNA evidence by providing notice to the District Attorney who prosecuted the charges (CRS § 18-1-1105(2)). If the District Attorney determines that the DNA evidence should not be disposed of, the District Attorney will provide notice. Upon receipt of the notice, the Department shall preserve the DNA evidence until such time that a court order is obtained to dispose of the DNA evidence (CRS § 18-1-1105(4)). If the Department does not receive notice from the District Attorney within a reasonable amount of time, the Department may file a motion with the court that entered the conviction in the case, asking for a court order to dispose of the DNA evidence. The Department may not request permission to dispose of DNA evidence in cases described in state law (CRS § 18-1-1102(1)(a); CRS § 18-1-1102(1)(b); CRS § 18-1-1105(1)). 804.8.5 DISPOSITION OF VICTIM DNA EVIDENCE If DNA evidence is being held that is the property of the victim, the victim may request the District Attorney to review whether the DNA evidence may be returned. If the District Attorney determines the DNA evidence may be returned, the District Attorney may file Property and Evidence Procedures - 429 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Property and Evidence Procedures a petition with the court for the return of the DNA evidence. Upon proper receipt, the Department will release DNA evidence belonging to the victim (CRS § 18-1-1107). 804.9 REPORT OF ABANDONED MONEY The Detective Section supervisor shall complete and file a report of presumed abandoned property to the State Treasurer each year. The report shall cover the period from July 1 to June 30 and shall be submitted no later than the immediately following November 1 date (CRS § 38-13-110). 804.10 INSPECTIONS OF THE PROPERTY AND EVIDENCE SECTION On a basis, the Detective Section supervisor shall inspect the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures. Unannounced inspections of evidence storage areas shall be conducted annually, as directed by the Chief of Police. An annual audit of evidence held by the Department shall be conducted by a Support Services Captain as assigned by the Chief of Police. Whenever a change is made in personnel who have access to the Property and Evidence Section, an inventory of all evidence/property shall be made by an individual not associated with the Property and Evidence Section or function to ensure that records are correct and all evidence property is accounted for. Property and Evidence Procedures - 430 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 806 Brighton Police Department Policy Manual Police Records Section Procedures 806.1 PURPOSE AND SCOPE The Records Supervisor shall keep the Department Records Section procedures continuously updated to reflect the procedures being followed within the Records Section. Policies and procedures that apply to all employees of this department are contained in this chapter. Detailed instructions pertaining to the Records Section function are maintained in the Records Section Handbook 806.1.1 RECORDS MANAGEMENT SYSTEM The Records Section utilizes a comprehensive records management system to include, at a minimum, the following: Citizen reports of crime and incidents Criminal and non-criminal cases initiated by officers The names of officers assigned to investigate cases or take action at a later time Arrests, citations and other actions Collecting and submitting crime data to the National Incident Based Reporting System as required by law Case reports are filed numerically by Records Section personnel. Reports are numbered commencing with the last two digits of the current year followed by a sequential number beginning with 00001 starting at midnight on the first day of January of each year. As an example, case number 13-00001 would be the first new case beginning January 1, 2013. Supervisory review and approval of police reports is a function of a police supervisor. Report approvals are accomplished within the Records Management System. The Records Section will monitor the approval status of all reports that require approval and notify supervisors about reports that require further action. 806.2 FILE ACCESS All original, hard copy reports including, but not limited to, initial, supplemental, follow-up, evidence and all reports related to a case shall be maintained in a secure area within the Records Section, accessible only to authorized Records Section personnel. 806.3 RECORDS SUPERVISOR TRAINING The Records Supervisor shall receive training in records management, including proper maintenance, retention and disposal of records and the proper release of records under state and federal law. Police Records Section Procedures - 431 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 807 Brighton Police Department Policy Manual Legal Process 807.1 PURPOSE AND SCOPE The Department provides legal process in support of the Municipal Court. This includes the issuance and service of: Subpoenas Criminal Summons Warrants Other documents at the direction of the Municipal Court 807.1.1 POLICY All legal process service in support of the Municipal Court that requires the seizure of property or an arrest will be done by a police officer. Legal process service actions are generally done for locations within the city limits, but legal process may be done outside the city limits subject to the approval of a supervisor. Generally, personal service is required unless otherwise specified by the court. Legal process service should be done during daylight hours unless otherwise specified by the court or authorized by a supervisor. Criminal arrest warrants will be handled according to established policies and applicable law. Any property acquired through the legal process service in support of the Municipal Court will be referred to the court for an appropriate disposition. Such property will be processed in accordance with established policies and applicable law. All legal process functions in support of the Municipal Court must be recorded and tracked. The tracking process will include: Date and time received Type of legal process (civil or criminal) Nature of document Source of document Name of plaintiff/complainant or name of defendant/respondent Officer assigned for service Date of assignment Tracking number Date service due All attempts of service of legal process in support of the Municipal Court must be documented. This includes: Date and time service was executed/attempted Name of officer executing/attempting service Name or person legal process was served/executed Method of service or reason for non-service Address of service/attempted service Legal Process - 432 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 810 Brighton Police Department Policy Manual Security and Release of Records 810.1 PURPOSE AND SCOPE The purpose of this section is to establish a reference and procedure for the security and release of Department public records in accordance with the Colorado Open Records laws (CRS § 24-72-200.1 to § 24-72-206 and CRS § 24-72-301 to CRS § 24-72-309). This policy does not prevent the Department from voluntarily making part or all of specific records available to the requesting person, or the public, unless disclosure is deemed exempt, confidential, private or expressly prohibited by law. The Federal Freedom of Information Act (FOIA) does not apply to state or local records. 810.1.1 DEFINITIONS Definitions related to this policy include: Public record - A record kept by the Department that is made, maintained or kept by Brighton Police Department. Records Supervisor - A person assigned the responsibility for the public records of Brighton Police Department, regardless of whether the records are in their actual personal custody and control (CRS § 24-72-202(2)). The Records Supervisor is the Records Custodian for the Department. 810.2 PUBLIC REQUESTS FOR RECORDS The Records Supervisor is responsible for the retention, archiving, release and destruction of department public records as follows: The Records Supervisor will maintain a policy for the retention, archiving and destruction of Department public records (CRS § 24-72-203(1)(b)(I)). The Records Supervisor will maintain either the Colorado Model Municipal Retention Schedule if approved by the State Archivist for use by Brighton Police Department or other retention schedule signed by the Records Supervisor, the Colorado State Archivist, the State Auditor's Office and the Attorney General's Office. The Records Supervisor is responsible for requesting authorization to destroy records and for responding to any authorization to destroy records sent by the State Archives. The Records Supervisor will establish rules regarding the inspection of Department records as reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian's office (CRS § 24-72-203(1)(a)). The Records Supervisor shall consult periodically with the Colorado Department of Personnel and the Attorney General of Colorado regarding retention and disposition of records to determine whether records are of legal, administrative or historical value (CRS § 24-80-103). 1. Those records unanimously determined to be of no legal, administrative or historical value shall be disposed of by such method as the three officers may specify. Security and Release of Records - 433 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Security and Release of Records 2. The Records Supervisor shall file and preserve a list of all records disposed of, together with a statement signed by these three officers certifying compliance. The Records Supervisor shall maintain a schedule of fees for public records as follows (CRS § 24-72-205, § 24-72-306): 1. Fees may not exceed 25 cents per standard page for a copy of a public record or a fee not to exceed the actual cost of providing a copy, printout or photograph of a public record in a format other than a standard page. 2. For records generated by a manipulation of data in a form not used by this department, the fee shall not exceed the actual cost of manipulating the data and generating the record in accordance with the request. Persons making subsequent requests for the same or similar records may be charged a fee not in excess of the original fee. 3. If the public record is a result of computer output, other than word processing, the fee may be based on recovery of the actual incremental cost of providing the electronic services and products together with a reasonable portion of the cost associated with building and maintaining the information system. 4. The Records Supervisor may waive or reduce fees when it is in the public interest to do so, provided any such fee reduction or waiver is uniformly applied among persons who are similarly situated. The Records Supervisor should prepare and make a available to the public a description of the basic rights of a person who requests public information, the responsibilities of the Department and the procedures, to include the cost of inspecting or obtaining copies. 810.2.1 PROCESSING OF REQUESTS Any member of the public, including the media, may request to inspect records of this department by submitting a written and signed request for each individual and specifically identified record sought to an authorized employee during normal business hours. Requests shall be forwarded to the Records Supervisor or designee to process. Request for records of the department will be handled by the Records Supervisor as follows: The Records Supervisor shall determine whether the requested record is available and/or subject to any exemption from disclosure. Processing of such requests may not take more than three days, unless the Records Supervisor finds there are extenuating circumstances (CRS § 24-72-203(3)(b)). 1. A finding that extenuating circumstances exist shall be made in writing by the Records Custodian and shall be provided to the person making the request within the three-day period. 2. The fact that portions of records are exempt from disclosure shall not preclude portions that are not exempt from being released. If portions of a record are redacted, those portions should be identified as redacted or the person requesting the record shall be notified of the redaction. 3. If the Records Supervisor finds there are extenuating circumstances, he/she shall make such records available for inspection within seven business days. The requesting party should be required to pay in advance any established fee for each record sought. Security and Release of Records - 434 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Security and Release of Records Requests for information that the Records Supervisor believes is confidential and wishes to withhold from the public that is not specifically allowed by statute or judicial decision should be discussed with legal counsel for the Department. If the Records Supervisor denies access to any public record, the applicant may request a written statement of the grounds for the denial. The Records Supervisor shall prepare the written statement citing the law or regulation under which access is denied or the general nature of the public interest to be protected (CRS § 24-72-204(4), CRS § 24-72-305(6)). The Department is not required to create records which do not otherwise exist. However, existing records may be copied in such a manner as to provide the requesting party with unrestricted portions of any record. Members shall make a reasonable effort to exclude or redact the Social Security number of any victim and witness from any document released in accordance with this policy to anyone other than the victim, the attorney for the defendant or any criminal justice agency (CRS § 24-4.1-303(18)). 810.3 REPORT RELEASE RESTRICTIONS Absent a valid court order or other statutory authority, the following restrictions apply: Victim compensation information - Records or portions of records containing any confidential materials concerning an application for victim's compensation shall not be released (CRS § 24-72-204(2)(c); CRS § 24-4.1-107.5). Sexual assault victim information - The name and any other information that would identify any victim of sexual assault or of alleged sexual assault or attempted sexual assault or alleged attempted sexual assault shall be deleted prior to the release of any record (CRS § 24-72-304(4)). Confidential information - Records involving confidential informants, intelligence information, information that would endanger the safety of any person involved or information that would endanger the successful completion of the investigation or a related investigation should not be released. Information received from the Safe2Tell® program - Information as described in CRS § 16-15.8-103 (CRS § 24-72-204; CRS § 16-15.8-104). Intelligence and security measures - Records of intelligence information or security procedures should not be released where disclosure would be contrary to the public interest (CRS § 24-72-204(2)(a)). Contrary to the public interest - The Records Supervisor may refuse to disclose or release any criminal justice record when it would appear that the public's interest in accessing such record is outweighed by the reason for nondisclosure (CRS § 24-72-304(1)). Solicitation of business use - The Records Supervisor shall deny any person access to records of official actions and criminal justice records unless such person signs a statement which affirms that such records shall not be used for the direct solicitation of business for pecuniary gain (CRS § 24-72-305.5). Requests from criminal defendants - Requests from criminal defendants and their authorized representatives, including attorneys, shall be referred to the District Attorney, City Attorney or the courts. Personnel records - Personnel records, medical records and similar records which would involve personal privacy shall not be made public (CRS § 24-72-204(3)(a)). Security and Release of Records - 435 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Security and Release of Records Work product - Any record which was created exclusively in anticipation of potential litigation involving this department shall not be subject to public disclosure. Other records - Any other record not addressed in this policy shall not be subject to inspection where (CRS § 24-72-204(1)): 1. Such inspection would be contrary to any state statute. 2. Such inspection would be contrary to any federal statute or regulation. 3. Such inspection is prohibited by rules promulgated by the Supreme Court or by the order of any court. 810.3.1 PERSONAL IDENTIFYING INFORMATION Employees shall not access, use or disclose personal identifying information, including an individual's photograph, Social Security number, driver identification number, name, address, telephone number and the individual's medical or disability information, which is contained in any driver's license record, motor vehicle record or any department record except as authorized by the Department and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721, 18 USC § 2722). 810.4 SUBPOENA DUCES TECUM Any subpoena duces tecum or discovery request should be provided to the Records Supervisor for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information. All questions regarding compliance with any subpoena duces tecum should be referred to the City Attorney or other legal counsel for the Department so that a timely response can be prepared. 810.5 RELEASED RECORDS TO BE STAMPED Each page of any record released pursuant to a subpoena duces tecum shall be stamped in red ink with a Department stamp identifying the individual to whom the record was released. 810.6 PRIVACY AND SECURITY OF RECORDS Records such as offense reports, arrest reports, juvenile records or other sensitive records shall be secured in such a manner as to reasonably protect them from unauthorized disclosure. Security and Release of Records - 436 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 812 Brighton Police Department Policy Manual Protected Information 812.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the access, transmission, release and security of protected information by members of the Brighton Police Department. This policy addresses the protected information that is used in the day-to-day operation of the Department and not the public records information covered in the Records Release and Security Policy. 812.1.1 DEFINITIONS Definitions related to this policy include: Protected information - Any information or data that is collected, stored or accessed by members of the Brighton Police Department and is subject to any access or release restrictions imposed by law, regulation, order or use agreement. This includes all information contained in federal, state or local law enforcement databases that is not accessible to the public 812.2 POLICY Members of the Brighton Police Department will adhere to all applicable laws, orders, regulations, use agreements and training related to the access, use, dissemination and release of protected information. 812.3 RESPONSIBILITIES The Police Records Supervisor will coordinate the use of protected information. The responsibilities of this position include, but are not limited to: Ensuring member compliance with this policy and with requirements applicable to protected information, including requirements for the National Crime Information Center (NCIC) system, National Law Enforcement Telecommunications System (NLETS), Division of Motor Vehicles (DMV) records and the Colorado Crime Information Center (CCIC). Developing, disseminating and maintaining procedures that adopt or comply with the U.S. Department of Justice's current Criminal Justice Information Services (CJIS) Security Policy. Developing, disseminating and maintaining any other procedures necessary to comply with any other requirements for the access, use, dissemination, release and security of protected information. Developing procedures to ensure training and certification requirements are met. Resolving specific questions that arise regarding authorized recipients of protected information. Ensuring security practices and procedures are in place to comply with requirements applicable to protected information. Protected Information - 437 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Protected Information 812.4 ACCESS TO PROTECTED INFORMATION Protected information shall not be accessed in violation of any law, order, regulation, user agreement, Brighton Police Department policy or training. Only those members who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the member has a legitimate work-related reason for such access. Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited and may subject a member to administrative action pursuant to the Personnel Complaints Policy and/or criminal prosecution. 812.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a right to know and a need to know. A member who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the Records Supervisor for information regarding a formal request. Unless otherwise ordered or when an investigation would be jeopardized, protected information maintained by the Department may generally be shared with authorized persons from other law enforcement agencies who are assisting in the investigation or conducting a related investigation. Any such information should be released through the Police Records Section to ensure proper documentation of the release (see the Records Release and Security Policy). Protected information, such as Criminal Justice Information (CJI), which includes Criminal History Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any other type of wireless transmission to members in the field or in vehicles through any computer or electronic device, except in cases where there is an immediate need for the information to further an investigation or where circumstances reasonably indicate that the immediate safety of officers, other department members or the public is at risk. Nothing in this policy is intended to prohibit broadcasting warrant information. 812.6 SECURITY OF PROTECTED INFORMATION The Police Records Supervisor will oversee the security of protected information. The responsibilities of this position include, but are not limited to: Developing and maintaining security practices, procedures and training. Ensuring federal and state compliance with the CJIS Security Policy and the requirements of any state or local criminal history records systems. Establishing procedures to provide for the preparation, prevention, detection, analysis and containment of security incidents including computer attacks with the assistance of the City Information Technology Division. Tracking, documenting and reporting all breach of security incidents to the Chief of Police and appropriate authorities. Protected Information - 438 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Protected Information 812.6.1 MEMBER RESPONSIBILITIES Members accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur on an unattended table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an unattended computer terminal). 812.7 CHALLENGE TO CRIMINAL OFFENDER RECORD Any person has the right to challenge the accuracy and completeness of criminal justice records pertaining to him/her and to request that said records be corrected (CRS § 24-72-307). Any such requests shall be forwarded to the Police Records Supervisor. Upon receipt of a request to correct the record, the Records Supervisor will evaluate the request as follows: The Records Supervisor will review the request for correction and make a determination of whether to grant or refuse the request, in whole or in part. In the event that the Records Supervisor requires additional time to evaluate the merit of the request for correction, the Records Supervisor shall notify the applicant in writing. 1. The Records Supervisor shall then have 30 days from the date of receipt of the request for correction to evaluate the request and to make a determination of whether to grant or refuse the request, in whole or in part. 2. The Records Supervisor will communicate that decision to the applicant in writing. If the Records Supervisor refuses to make the requested correction and the person requests a written statement of the grounds for the refusal, the Records Supervisor shall provide such a written statement. If the Records Supervisor decides to make the correction, the Records Supervisor will ensure the change is made in the records of the Brighton Police Department and communicate the correction to the Colorado Bureau of Investigation. 812.8 TRAINING The Professional Standards Unit will ensure that all members authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination. Protected Information - 439 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 814 Brighton Police Department Policy Manual Computers and Digital Evidence 814.1 PURPOSE AND SCOPE This policy establishes procedures for the seizure and storage of computers, personal communications devices (PCDs) digital cameras, digital recorders and other electronic devices that are capable of storing digital information. This policy also establishes procedures for the preservation and storage of digital evidence. All evidence seized and/or processed pursuant to this policy shall be done so in compliance with clearly established Fourth Amendment and search and seizure provisions. 814.2 SEIZING COMPUTERS AND RELATED EVIDENCE Computer equipment requires specialized training and handling to preserve its value as evidence. Officers should be aware of the potential to destroy information through careless or improper handling, and utilize the most knowledgeable available resources. When seizing a computer and accessories the following steps should be taken: Photograph each item, front, back and surrounding desktop or office setup, specifically including cable connections to other items. Look for a telephone line or cable to a modem for Internet access. Do not overlook the possibility of the presence of physical evidence on and around the hardware relevant to the particular investigation, such as fingerprints, biological or trace evidence and/or documents. If the computer is off, do not turn it on. If the computer is on, do not shut it down normally and do not click on anything or examine any files. 1. Photograph the screen, if possible, and note any programs or windows that appear to be open and running. 2. Disconnect the power cable from the back of the computer box. If the computer is a portable notebook style, disconnect any power cable from the case and remove the battery. Label each item with the case number, evidence sheet number and item number. Handle and transport the computer and storage media tape, disks, memory cards, flash memory, external drives) with care so that potential evidence is not lost. Lodge all computer items into the Property and Evidence Section. Do not store computers where normal room temperature and humidity is not maintained. At minimum, officers should document the following in related reports: 1. Where the computer was located and whether it was in operation 2. Who was using it at the time 3. Who claimed ownership 4. If it can be determined, how it was being used In most cases when a computer is involved in criminal acts and is in the possession of the suspect, the computer itself and all storage devices remote drives, hard drives, tape drives and disk drives) should be seized along with all media. Accessories printers, monitors, mouse, scanner, keyboard, cables, software and manuals) Computers and Digital Evidence - 440 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Computers and Digital Evidence should not be seized unless as a precursor to forfeiture or the equipment is proprietary (e.g. Apple keyboard and mouse) and necessary for examination of the associated media. 814.2.1 BUSINESS OR NETWORKED COMPUTERS If the computer belongs to a business or is part of a network, it may not be feasible to seize the entire computer. Until properly secured, networked computers can be accessed remotely to alter critical hard drive data. Therefore, cases involving networks require specialized handling. Officers should contact a certified forensic computer examiner as soon as practicable for instructions or a response to the scene. It may be possible to perform an on-site inspection or to image the hard drive only of the involved computer. This should be done by someone specifically trained in processing computers for evidence. The forensic copy of the image of the hard drive shall be marked and maintained as primary evidence. 814.2.2 FORENSIC EXAMINATION OF COMPUTERS If an examination of the contents of the computer's hard drive, disks or any other storage media is required, forward the following items to a computer forensic examiner: A copy of reports involving the computer, including the evidence/property sheet A copy of a consent to search form signed by the computer owner or the person in possession of the computer, or a copy of a search warrant authorizing the search of the computer hard drive for evidence relating to the investigation or other legal authority for examination A list of the items to search for photographs, financial records, e-mail, documents) A forensic copy of the media will be made; subsequent forensic examination of the copy will be conducted by a trained digital forensic examiner. 814.3 SEIZING DIGITAL STORAGE MEDIA Digital storage media, including hard drives, floppy disks, CDs, DVDs, tapes, memory cards or flash memory devices, should be seized and stored in a manner that will protect them from damage. If the media has a write-protection tab or switch, it should be activated. Do not review, access or open digital files prior to submission. If the information is needed for immediate investigation, request the Property and Evidence Section to copy the contents to an appropriate form of storage media. Many kinds of storage media can be erased or damaged by magnetic fields. Keep all media away from magnetic devices, electric motors, radio transmitters or other sources of magnetic fields. Do not leave storage media where it would be subject to excessive heat, such as in a parked vehicle on a hot day. Use plastic cases designed to protect the media, or other protective packaging, to prevent damage. 814.4 SEIZING PERSONAL COMMUNICATION DEVICES Personal communication devices (PCD), such as cellular phones, Personal Data Assistants (PDA) or other handheld devices connected to any communication network must be handled Computers and Digital Evidence - 441 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Computers and Digital Evidence with care to preserve evidence that may be on the device, including messages, stored data and/or images. Officers should not attempt to access, review or search the contents of such devices prior to examination by a forensic expert. Unsent messages can be lost, data can be inadvertently deleted and incoming messages can override stored messages. Turn the device off and remove the battery if possible. When seizing the devices, also seize the charging units. 814.5 DIGITAL EVIDENCE RECORDED BY OFFICERS Officers handling and submitting recorded and digitally stored evidence from digital cameras and audio or video recorders will comply with these procedures to ensure the integrity and admissibility of the evidence. 814.5.1 COLLECTION OF DIGITAL EVIDENCE Once evidence is recorded it shall not be erased, deleted or altered in any way prior to submission. All photographs taken will be preserved regardless of quality, composition or relevance. Video and audio files will not be altered in any way. 814.5.2 SUBMISSION OF DIGITAL EVIDENCE The following are required procedures for the submission of all digital media : Digital evidence will be submitted to the Digital Evidence Folder located on the cobad drive by the collecting officer. 1. The folder is located under the drive, Police Department, Evidence area. The collecting officer will create a new folder and rename the folder using the year, CR number and the submitting officers initials for the case the being submitted. 1. Example, 12-1234CB. The collecting officer will download all digital evidence to the subfolder they created. When the evidence is saved to the subfolder the officer will then create a voucher listing all items placed into the Digital Evidence Submittal subfolder they created. An entry on the voucher must exist to for each item placed into the Digital Submittal Folder. 1. Audio files, video files and photos are all separate items and must be listed as separate items. After the voucher has been submitted the Evidence Technician will verify that the voucher is correct. Once this is done, the evidence will then be removed from the temporary file and placed into the secure server for long term storage. The temporary file will then be deleted from the Digital Evidence Submittal folder and the voucher accepted. If the voucher is not correct in its entirety, the voucher will be rejected and notification will be sent through ILeads and email to notify the officer and their sergeant regarding the issues that need to be corrected. Photo discs will not be accepted into evidence unless prior authorization by the Evidence Technician is obtained. Emailed photos/audios/videos will not be accepted as digital evidence. Computers and Digital Evidence - 442 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Computers and Digital Evidence 814.5.3 DOWNLOADING OF DIGITAL FILES Digital information, such as video or audio files recorded on devices using internal memory, must be downloaded to storage media. The following procedures are to be followed: Files should not be opened or reviewed prior to downloading and storage. Where reasonably possible, the device should be connected to a computer and the files accessed directly from the computer directory or downloaded to a folder on the host computer for copying to the storage media. 814.5.4 PRESERVATION OF DIGITAL EVIDENCE Only Evidence Technicians are authorized to copy original digital media that is related to case documentation and held as evidence. Only digital forensic examiners are authorized to copy original media seized as evidence. The original digital media shall remain in evidence and shall remain unaltered. Digital images that are enhanced to provide a better quality photograph for identification and investigative purposes must only be made from a copy of the original media. If any enhancement is done to the copy of the original, it shall be noted in the corresponding incident report. Computers and Digital Evidence - 443 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 820 Brighton Police Department Policy Manual Animal Control Procedures 820.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for Animal Control Officers (ACO) and Brighton Police Department personnel in dealing with calls related to animal control and to set forth procedures regarding animal control services, the handling of injured animals and the abatement of animal nuisances. 820.1.1 TRAINING ACOs shall successfully complete the required basic and continuing education animal control courses as approved by the Department or required by local or state authorities. 820.2 ANIMAL CONTROL OFFICER RESPONSIBILITIES ACOs shall be responsible for enforcing local, state and federal laws relating to animals and for appropriately resolving or referring animal problems as outlined in this policy. Specifically the ACO is assigned the tasks necessary for the daytoday responsibilities including, but not limited to, those identified under the Colorado Animal Protection Act (CRS § 35-42-101, et seq.). ACOs shall be under the operational control of the Support Services Division. The assigned working hours will be scheduled by the Support Services Division Sergeant. During hours when an ACO is on-duty, requests for animal control services shall be assigned by ADCOM or the Patrol Sergeant. Requests for assistance by an ACO shall be acknowledged and responded to 820.3 POLICE OFFICER RESPONSIBILITIES During hours when no ACO is on-duty, or if an ACO is otherwise unavailable, the following animal-related calls for service will be handled by the appropriate on-duty police officer. Officers may be dispatched to animal-related calls and should take appropriate actions to control the situation until the arrival of an ACO. Due to the hazards of handling animals without proper equipment, responding officers generally should not generally attempt to capture and pick up any animal, but should keep the animal under observation until the arrival of an ACO. The following are examples of when an officer may consider acting before the arrival of an ACO: When there is a threat to public safety When an animal has bitten someone, officers should take measures to confine the animal and prevent further injury When an animal is creating a traffic hazard When the owner/handler has been arrested and there is no other alternative placement for the animal When an animal is gravely injured Animal Control Procedures - 444 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Animal Control Procedures 820.3.1 ANIMAL CRUELTY COMPLAINTS Any police officer can conduct a preliminary investigation on all reports of animal cruelty and forward the information to the ACO for followup. Officers shall not hesitate to take any immediate actions deemed necessary to prevent the perpetration of any act of cruelty to animals in their presence and may use such force as is reasonably necessary to prevent the crime. Officers shall conduct a preliminary investigation on all reports of animal cruelty and forward the information to the ACO for follow-up. The assistance of an ACO may be requested to assist with the investigation when appropriate for the purpose of handling the disposition of any animal associated with the case. 820.3.2 STRAY ANIMALS If an animal has a license or can otherwise be identified, the owner should be contacted, if possible. If the owner is contacted, the animal should be released to the owner and a citation may be issued if appropriate. If an animal is taken into custody, it shall be transported to the Animal Shelter, making sure the animal has food, water and bedding. The animal pickup form must be completely filled out and placed in the ACO's in-box. Release of impounded animals requires a fee be paid. Releases will be handled by an ACO or, in their absence, by a patrol officer. The Records Section can accept fees and issue receipts. Once an animal has been taken into custody, all releases should be handled by the Animal Shelter. In cases where an ACO is not available, the Patrol Sergeant shall designate an alternate to transport so that animals are not held in the holding pens unnecessarily for extended periods. 820.3.3 ANIMAL BITES TO HUMANS Officers shall obtain as much information as possible for forwarding to an ACO for follow-up. Officers shall instruct the owner of a biting animal, if contacted, to keep the animal confined on the property until contacted by an ACO. If the animal is a stray, then every effort shall be made to capture and impound the animal immediately. If a biting dog has been killed in order to prevent further injury or death, the local Board of Health shall be notified of the facts related to the bite and the killing, and the body of the dog shall be held for release to the board of health (6 CCR 1009-1:1). 820.3.4 PUBLIC NUISANCE CALLS RELATING TO ANIMALS Officers shall obtain and forward to an ACO as much information as possible regarding the nature of the complaint, the complaining person, owner information (if possible) and location of the problem. Officers will also document any actions taken, citation issued and related report numbers. In the event responding officers cannot fulfill urgent requests for service because the animal is difficult or dangerous to handle, an ACO may be called. If an ACO is unavailable, the patrol supervisor may request the assistance of an animal control officer from an outside agency. All requests to call in an ACO must be approved by a field supervisor or the Shift Sergeant. Animal Control Procedures - 445 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Animal Control Procedures 820.4 DECEASED ANIMALS Deceased animals on public property will be removed and properly disposed of by an ACO. Officers will remove deceased animals when an ACO is not on-duty. The deceased animals may be placed in the dead animal storage area of the Animal Shelter. For health and sanitary reasons, deceased animals should be placed in a sealed plastic bag prior to placing them in the dead animal storage area. Large animals should be double-bagged and left next to the dead animal storage area, out of public view. Neither an ACO nor any officer will be required to climb onto or under any privately owned structure for the purpose of removing a deceased animal. 820.5 INJURED ANIMALS When any injured domesticated animal is brought to the attention of a member of this agency, all reasonable attempts shall be made to contact the owner or responsible handler. When the owner or responsible handler cannot be located and the animal is not an immediate danger to the community, it shall be taken to a doctor of veterinary medicine as described below: During normal business hours, the animal should be taken to an authorized veterinary care clinic. If it is after normal business hours, the animal should be taken to an authorized veterinary emergency services clinic. The only exception to the above is when the animal is an immediate danger to the community or the owner of the animal is identified and takes responsibility for the injured animal. When it is necessary to dispatch a seriously injured or dangerous animal, the Firearm Discharge Policy shall be followed. 1. An ACO or an officer may euthanize an animal when, in their judgment and/or in the opinion of a licensed veterinarian, the animal is experiencing extreme pain or suffering or is severely injured, disabled or diseased past recovery. In the event a licensed veterinarian is not available, the animal may be euthanized at the request of the owner or by the written certificate of two persons called to view the animal (CRS § 35-42-110). 2. Injured wildlife may be euthanized whenever the ACO or officer determines that no other reasonable action would be practical, humane or effective for the rehabilitation of the wildlife (2 CCR 406-14:1405). Injured or deceased wildlife should be referred to the appropriate agency as listed by the Colorado Division of Wildlife. When handling dead or injured animals, Department employees shall attempt to identify and notify the owner of the final disposition of the animal. Each incident shall be documented, at minimum, to include the name of the reporting party and the veterinary hospital and/or person to whom the animal is released. If an ACO is off-duty, the information will be forwarded for follow-up. 820.6 POST-ARREST PROCEDURES Employees should take reasonable efforts to ensure that animals or pets in an arrestee's care will be provided with proper care. This is only required when there is no person to provide care and the arrestee is expected to be in custody for a time period longer than Animal Control Procedures - 446 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Animal Control Procedures would reasonably allow them to properly care for the animals. Relatives or neighbors may be contacted, with the owner's consent, to care for the animals. If no persons can be found or the owner does not consent, the appropriate animal control authority should be notified. Animal Control Procedures - 447 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 823 Brighton Police Department Policy Manual Communications 823.1 PURPOSE AND SCOPE Responding to calls for service using both non-emergency and emergency phones lines, dispatching police units to calls for service and having access to NCIC and CCIC are necessary components in support of the police fucntion. 823.1.1 POLICY The Department contracts with an outside agency, ADCOM, for police communications services. These services include, but are not limited to, the following: Assigning and training appropriate ADCOM personnel to standardize the communication services provided, reduce errors, and enhance the communication function and efficiency of the Department Maintain access to local, state, and federal criminal justice information systems Provide a 24 hour, toll free telephone access for emergency call for service Procuring access to outside services such as fire services, ambulances, air support and other services as required Provide appropriate security measure at ADCOM in order to maintain services Provide for back-up communication services in case of primary equipment failure Communications - 448 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 9 - Custody and Transportation of Arrestees ---PAGE BREAK--- Policy 900 Brighton Police Department Policy Manual Holding Facility 900.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the booking, housing, security and release of individuals from any Brighton Police Department facility that detains people for less than 48 hours for processing or awaiting transportation to another facility (6 CCR 1010-13:2.8). This policy is established to ensure proper environmental, occupational and personal health conditions for the protection of persons detained and Brighton Police Department staff (6 CCR 1010-13:18.1). In addition, a separate holding facility operations and procedures manual should be maintained and followed. The Department shall maintain the custody of detainees in accordance with this policy, any applicable Operations and Procedures Manual and in accordance with applicable law. 900.1.1 DEFINITIONS Definitions related to this policy include: Holding facility - A local detention facility used for the confinement of persons for less than 48 hours pending release, transfer to another facility or appearance in court (6 CCR 1010-13:2.8). A holding facility includes any area designated for the temporary detention of persons in civil protective custody. 900.2 DETENTION OF PERSONS IN THE HOLDING FACILITY According to the State of Colorado, detainees in a holding facility shall be released or transported to another facility within 48 hours or sooner if possible and practicable (6 CCR 1010-13:2.8). Generally, individuals should not be held in the Department holding facility longer than 8 hours. If a longer detention period is needed, Command Staff approval is required. Audio or visual electronic recording equipment used in the Holding Facility will be used to enhance security and safety within the facility but will not be used to violate the personal privacy of arrestees. Such audio or visual recordings are not generally made available to the news media or public except under court order or at the direction of the Chief of Police. 900.2.1 NON-DETAINABLE PERSONS Detainees who fall within the following classifications should not be detained in the holding facility. Each person in one of the following categories should be transported to the appropriate county jail, the designated medical facility or county mental health facility: Any person who is sick or injured requiring medical attention Any person with a medical condition, including pregnant females, who may require medical attention, supervision or medication during confinement. An exception may be made for detainees requiring medication as provided in this policy. Any person who has claimed, or is known to be afflicted with, or displays of any communicable disease Holding Facility - 450 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility Any person suffering from a severe mental disorder; refer to the Mental Illness Commitments Policy. Any combative or unruly person who is likely to cause damage to the facility or severely disrupt the good order of the facility A detainee who is or may be contemplating suicide Any person suspected of being under the influence of a hallucinogen, hypoglycemic agent, medication, narcotics, sedatives, tranquilizers, anti-neoplastic (cancer) drugs, research medication or any person suffering from withdrawals of the above. 900.2.2 DETAINABLE PERSONS Detainees who fall within the following classifications may be detained in the holding facility with the approval of the Patrol Sergeant. Detainable persons include those arrested and detained pending: Posting of bail. Release on Own Recognizance. Citation or summons release per the Cite/Summons and Release Policy. Transportation to the appropriate county jail. In-custody interview or other investigation. Transfer to court. 900.3 TEMPORARY DETENTION OF JUVENILES Juveniles who are detained by members of this department will be processed and handled in accordance with the Temporary Custody of Juveniles Policy. Juveniles are not permitted in the holding facility unless they have been court certified as an adult. 900.4 TEMPORARY DETENTION OF ADULT FEMALES Whenever one or more females are in custody, there should be, insofar as possible, at least one female employee available and accessible to the female detainees. Female detainees shall be separated by sight and sound from male detainees at all times. Except during an emergency, male employees should not enter the cell of a female detainee unless a female employee or another male employee/supervisor is present. In the event there is no female employee readily available to conduct searches and hourly safety checks, the female prisoner shall be transported to the county jail or released pursuant to another lawful process citation or O.R. release). Any pregnant female arrestee who is in labor shall be immediately transferred to an appropriate medical facility. 900.5 ORTHOPEDIC OR PROSTHETIC APPLIANCE Subject to safety and security concerns, persons who are detained in a holding facility shall be permitted to retain possession of an orthopedic or prosthetic appliance if it is prescribed or recommended and fitted by a physician. However, if the appliance presents a risk of bodily harm to any person or is a risk to the security of the facility, the appliance shall be removed from the detainee and booked for safekeeping. It shall be returned if it is later determined that such risk no longer exists. Holding Facility - 451 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility Whenever a prosthetic or orthopedic appliance is removed from a detainee, the Shift Sergeant shall be apprised of the reason for the removal. If it is determined that the appliance will not be returned, the detainee shall be examined as soon as practicable by a physician to determine if the removal will be injurious to the health or safety of the detainee. If the examining physician determines that removal is or will be injurious to the health or safety of the detainee and the appliance cannot be returned because of safety or security concerns, the detainee should be transferred to an appropriate medical detention facility. 900.6 MONITORING AND CLASSIFICATION 900.6.1 MONITORING OF DETAINEES All detainees shall be checked through direct visual observation without the aid of surveillance cameras as follows: All detainees shall be visually checked no less than once every hour. The checks should be at varying times. Detainees in physical restraints shall be personally checked by staff at least every 10 minutes. An official count shall be conducted every shift to verify detainees' physical presence and identification. All checks will be documented in the holding facility log or other check sheet designed for that purpose. 900.6.2 HOLDING FACILITY LOG The Patrol Supervisor is responsible to ensure that a log is kept in the booking area of the holding facility and that all appropriate entries are made. Any person booked into the holding facility should be logged into the holding facility Log. The following entries are to be completed by the booking officer and personnel responsible for maintaining detainees in the facility: 1. Case number 2. Date/time of booking 3. Charges 4. Arrestee's name 5. Arresting officer's name 6. Date and time of release All detainee checks will be documented in the holding facility log. Emergency situations and unusual incidents should also be recorded in the log. The Patrol Supervisor should make periodic checks to ensure the log entries and security checks are made on time. The Patrol Supervisor should review all holding facility logs and shall report to the Police Operations Lieutenant and/or Captain as required. All logs and reports should be maintained in the Records Section for inspection by the Command Staff or other officials as may be required. Holding Facility - 452 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility 900.6.3 DETAINEE CLASSIFICATION, SCREENING AND SEGREGATION The Brighton Police Department shall book and maintain custody of detainees in accordance with any applicable federal, state and local laws. The Department will utilize a classification and screening form available to arresting/booking officers. The form should assist in classifying and assigning detainees according to categories, such as sex, age, criminal sophistication, seriousness of crime charged, assaultive/nonassaultive behavior, medical problems, mental state, developmental disabilities and sexual orientation, in order to provide for the safety of other detainees and staff. As part of the booking procedure, the booking officer should evaluate each incoming detainee using the classification and screening form. All employees with information related to a detainee's risk of suicide shall ensure such information is related to a supervisor and the booking officer. During the booking procedure, the booking officer shall ask the detainee if he/she is contemplating suicide. The officer shall evaluate the detainee for other signs or indications the person may be suicidal. If there is any suspicion the person may be suicidal, he/she shall be transported to the county jail or appropriate mental health facility. The receiving staff shall be notified in writing that the person may be suicidal. During the booking procedure, the booking officer shall evaluate each incoming detainee for any apparent chronic illness, physical disability, vermin infestation, or possible communicable disease that may require medical attention (6 CCR 1010-13:14.2). The detainee's responses to related questions and the officer's observations shall be documented on the form. The booking officer shall notify his/her supervisor of any conditions which may warrant immediate medical attention or other appropriate action. It is the responsibility of the arresting officer's supervisor to ensure that the classification and screening form has been properly completed. The supervisor will be required to authorize, on a case-by-case basis, whether the detainee will be placed in the holding facility, immediately released or transported to the county jail or other appropriate facility. The classification form should be retained in the detainee's arrest file. Before placing any detainee into a temporary holding cell with any other detainee, members shall consider whether the detainee may be at a high risk of being sexually abused based on all available known information (28 CFR 115.141). If a detainee will be housed overnight in the same cell with any other detainee, he/she shall be screened to assess his/her risk of being sexually abused by other detainees or of being sexually abusive toward other detainees. Members shall ask the detainee about his/her own perception of vulnerability and shall consider the following criteria to screen detainees for risk of sexual victimization, including (28 CFR 115.141): 1. Whether the detainee has a known or apparent mental, physical or developmental disability 2. The age of the detainee 3. The physical build and appearance of the detainee 4. Whether the detainee has previously been incarcerated 5. The nature of the detainee's alleged offense and criminal history Any detainee identified as being at a high risk for sexual victimization shall be provided with heightened protection. This may include continuous, direct sight and sound Holding Facility - 453 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility supervision, single-cell housing or placement in a cell that is actively monitored on video by a staff member who is available to immediately intervene, unless no such option is reasonably feasible (28 CFR 115.113; 28 CFR 115.141). 900.7 HOLDING FACILITY PROCEDURES 900.7.1 SECURITY Firearms, deadly weapons, TASERS, other control devices or any type of explosive device are not permitted within the secure area of the holding facility. Weapons should be properly secured outside the secure area of the holding facility. An exception may occur only during emergencies upon approval of the Patrol Sergeant. Perimeter doors to the holding facility shall be kept locked at all times except during routine cleaning, when no detainees are present or in the event of an emergency, such as an evacuation. Cell doors are to be locked at all times when detainees are in the facility. No personnel shall smoke at any time while in the detention area. No detainee shall be allowed to smoke or possess smoking materials in the detention area. Force may be used in accordance with Department policy and shall be reviewed by the Patrol Sergeant. All restraint devices, including handcuffs, disposable cuffs, and leg restraints, will be used in accordance with existing Department policy and only with approval of the Patrol Sergeant. 900.7.2 RECEIPT OF PRISONERS The arresting and/or booking officer should: Conduct a booking search as detailed in the Custody Searches Policy of each detainee booked into the holding facility. Remove all contraband, hazardous items, belts, shoes and jackets from each detainee. Inventory, secure and record all property removed from each detainee as detailed in the Custody Searches Policy. Ensure that fingerprints and palm prints are obtained and submitted as appropriate. Take appropriate booking photographs. Complete any required Brighton Police Department booking form or county intake form. Before the booking procedure is completed, the arresting or booking officer will log the detainee into the holding facility log. This procedure is to be completed regardless of the length of time the detainee is to be held in the facility and shall include those detainees whose admittance is for booking only. 900.7.3 HOLDING CELL SECURITY Prior to placing a detainee into a cell, the cell shall be searched to ensure there are no weapons contraband present and to ensure the cell is clean and sanitary. If other detainees are present in the cell, this inspection shall be done visually without removing other detainees. Holding Facility - 454 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility If the booking officer is alone, any other detainees in a cell should be directed to stand against the far wall of the cell prior to opening the cell door. Facility keys used by the staff shall be returned to their secure location prior to leaving the building. Access to the booking and holding cell area is restricted to only officers who are in the process of or assisting the booking or release of detainees, or personnel conducting detainee checks. Maintenance and/or cleaning personnel shall be accompanied at all times by an officer when inside the holding facility. 900.7.4 HOLDING CELLS, PERSONAL HYGIENE AND BEDDING Detainees shall have toilets and water available at all times (6 CCR 1010-13:10.0). A single occupancy cell shall have at least 35 square feet of space per detainee. Multiple occupancy cells shall have at least 25 square feet of space per detainee (6 CCR 1010-13:8.1). Beds shall be spaced not closer than 36 inches apart. (6 CCR 1010-13:8.6). Each detainee confined to a cell/room for 10 or more continuous hours shall be provided a sleeping area with the following (6 CCR 1010-13:8.7): 1. A sleeping surface and mattress at least 12 inches off the floor 2. A writing surface and proximate area to sit, and storage for personal items 3. A place to store clothes Temperatures in indoor living and work areas shall be maintained at least 61 degrees during the coldest months and less than 86 degrees in the warmest months (6 CCR 1010-13:9.4). The booking officer shall provide the following to each person booked into the holding facility for more than 10 hours: 1. Clean bedding and linen and sufficient blankets to provide comfort (6 CCR 1010-13:12.3) 2. Clean, well-maintained clothing as appropriate (6 CCR 1010-13:12.4) 3. Clean clothing, drinking cups, cloth towels, soap, toothbrushes, combs, toothpaste or tooth powder, toilet paper and other personal articles as required (6 CCR 1010-13:11.1) The Operations Lieutenants shall ensure that adequate supplies are available to comply with this section. Detainee personal clothing shall be cleaned, disinfected and/or stored to control communicable diseases (6 CCR 1010-13:12.6). There shall be separate store rooms provided for storage of personal property, soiled laundry, and for the storage of clean linen, bedding and issued clothing (6 CCR 1010-13:12.7). 900.7.5 FOOD SERVICE Food will be purchased from a retail or commercial food provider (6 CCR 1010-13:13.0). Meals should be provided for persons detained in excess of six hours. Holding Facility - 455 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility 900.7.6 TELEPHONE CALLS Every detainee is entitled to make a reasonable number of completed telephone calls from every Police station, holding facility or other place of booking as soon as possible after arrival (CRS § 16-3-402). Telephone calls may be limited to local calls, except that long-distance calls may be made by the arrested person at their own expense. Calls between the detainee and their attorney shall be paid by the Department and shall be deemed confidential and shall not be monitored, eavesdropped upon or recorded. If the person is a custodial parent with responsibility for a minor child or caring for a dependent adult, the person should be entitled to make a reasonable number of completed telephone calls for the purpose of arranging care for the minor child or a dependent adult. There is no obligation for the officer to make a call on behalf of a detainee or assist a detainee in making calls. For example, in the case of a person who is so intoxicated that they cannot make a call. An officer is not required to wake an intoxicated person so that they may complete a call. There is no limitation on the amount of time a phone call may last. A detainee should be given sufficient time on the phone to contact whomever they desire and to arrange for necessary items because of their arrest. The phone calls are not intended to be conversations and the officer may use their judgment in determining the duration of the calls. Once a detainee has completed telephone calls and it appears that the individual is not going to be released or transferred to another custodial facility, reasonable efforts should be made to provide the detainee with ongoing access to a telephone as practicable. In providing further access to a telephone, legitimate law enforcement interests, such as officer safety, logistics and the effect on ongoing criminal investigations, should be balanced against the detainee's desire for additional phone access. 900.7.7 ATTORNEYS AND BAIL BONDSMEN The Shift Sergeant is responsible to ensure the following: Any attorney in this state shall be permitted to see and consult the detainee, alone and in private (CRS §16-3-404): 1. Upon the demand of a detainee. 2. Upon demand of a friend, relative, spouse or attorney of the detainee, if the detainee expressly consents to see or to consult with the attorney A detainee shall be allowed to consult with an attorney as many times and for as long as reasonable. A bail bondsman should be allowed to meet with a detainee inside the holding facility in a secure interview room. The attorney or bail bondsman and the detainee should be searched for weapons prior and after being admitted to the holding facility interview room. Attorneys and bondsmen must produce a current identification card or license from a recognized state regulatory or licensing agency, as well as other matching appropriate identification. Holding Facility - 456 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility Interviews between attorneys and their clients shall not be monitored or recorded. 900.7.8 VISITORS Generally, no visitors are allowed in the holding facility except as otherwise provided by Department policy. Special exceptions may be made to allow necessary communication between parents or caregivers of minors regarding the minor's well being. News media access to the Holding Facility may be granted by a member of the Command Staff for reporting matters of public interest. News media access will not violate an arrestee's privacy, impede facility operations, or obstruct or frustrate acquisition and development of information for presentation in court by both the prosecution and the defense. Access of all non-essential personnel is prohibited during an emergency situation. 900.7.9 MEDICATION A holding facility is generally not appropriate for holding persons who will require medication during the period of their detention. It is preferable that persons requiring medication be housed at another facility. Exceptions may be made by the Shift Sergeant or another supervisor only under unusual circumstances. A supervisor authorizing this type of detention shall note in the booking log the unusual circumstances necessitating the detention, the maximum period of the detention and sign the booking entry. Detainees who require medication during their detention will require a prebooking medical examination. Only medication approved by the medical professional conducting the prebooking examination may be provided to the detainee. This includes any medication in the possession of the detainee or provided by a friend or relative. The medication shall be dispensed by an officer as directed by the medical professional conducting the prebooking examination. The directions relating to the dispensing of the medication will be kept with the medication and a copy retained with the booking record. The medication will be kept secure in the medication cabinet and transferred with the detainee or provided to the detainee on release. A notation on the facility log will be made listing the type, date and time of any dispensing of medication and signed by the officer dispensing the medication. Officers will observe the detainee take the medication. If the medication is not taken as directed, a supervisor shall be immediately notified. Medication shall not be returned to the container. Medication shall be stored in the original labeled container, separated from food, cleaning compounds and other toxic substances. If refrigeration is required, medication shall be stored in a separate refrigerator maintained for that purpose only, or in an impervious, properly labeled, secondary container in a designated area of a refrigerator that is separated from food and inaccessible to detainees (6 CCR 1010-13:14.7). 900.7.10 MEDICAL CARE Medical services shall be available under the supervision of a licensed physician and shall be immediately provided when necessary (6 CCR 1010-13:14.0). Holding Facility - 457 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility Should a detainee be injured or become ill during detention, appropriate medical aid will be summoned. A supervisor shall meet with those providing medical aid at the holding facility to allow access to the detainee. The decision to transport a detainee to a hospital will be the decision of the paramedic. The method and means of transportation is subject to the approval of the supervisor. If any detainee is transported while still in custody, the detainee will be accompanied by an officer. If the person is detained for a misdemeanor, the supervisor may release the person to facilitate medical care and transport. 900.7.11 RELEASE OF DETAINEES Prior to removing a detainee from a cell for release, the releasing officer will compare the intake photograph with the individual being released to ensure proper identity. If any questions exist regarding proper identification, a supervisor should be summoned to the holding facility. The holding facility should be inspected for damage prior to the release or transportation of any detainee. Any damages should be noted and, if necessary, an additional crime report completed. If additional charges are warranted, they should be made. Photographic evidence should be obtained and documented to support additional charges. Detainees shall be released in accordance with state law. The releasing officer will be responsible for the following: 1. All proper reports and forms shall be completed prior to release. 2. All bail money is accounted for. 3. Bail bonds are attached to the necessary paperwork and placed in the bond basket in the Records Section. 4. All property, except evidence, contraband or dangerous weapons, shall be returned to the detainee and the detainee will be required to sign for the release. 5. The appropriate holding facility log will be completed showing the date, time and reason for release, as well as the releasing officer's name. 6. The person being released will be escorted from the holding facility and the Police facility by an employee of the Brighton Police Department. At no time will a released person be allowed in any secure area of the station without personal supervision by an employee. 900.7.12 RELEASE OF DETAINEE'S PROPERTY A request by a detainee for release of property to another person must be made in writing by the detainee. Release of a detainee's property to any person requires the recipient's signature on the appropriate form. If a detainee is released to the court or an officer of another agency, all property will be released to that officer, who will be required to verify and sign for the property. The officer responsible for transporting a detainee to court is required to obtain the receiving officer's signature on the booking form as notice of receipt of the property. The Shift Sergeant shall be notified whenever a detainee alleges there is a shortage or discrepancy regarding the detainee's property. The Shift Sergeant will interview the person claiming the shortage prior to his/her release. The Shift Sergeant shall ensure that a search for the alleged missing items is complete and shall attempt to Holding Facility - 458 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility prove or disprove the claim. A written claim by the detainee shall be requested where the discrepancy cannot be resolved. All personal property that is unclaimed shall be properly disposed of pursuant to state law. 900.7.13 DETAINEE TRANSFERS Generally and when circumstances permit, detainees of the opposite sex, or adult and juvenile prisoners, should not be transported in the same vehicle unless they are physically separated by a solid barrier. If segregating detainees is not practicable, officers should be alert to inappropriate physical or verbal contact between them and take appropriate action as necessary. Whenever a detainee is to be transported from the holding facility to another facility by a member of this department, the transporting officer shall: Verify that the identity of each detainee to be transported matches the booking paperwork, photographs and identification bracelet. Ensure that all pertinent documentation accompanies the detainee, such as copies of booking forms, medical records when appropriate, an itemized list of the detainee's property and any warrant copies. Ensure that any known or suspected threat or danger the detainee may pose, such as escape risk, suicide potential or medical condition, is recorded on the detainee's booking documentation and is transported with the detainee to the next facility. The transporting officer shall ensure such threat or danger is communicated to intake personnel at the receiving facility. Document the authority for the release and the identity of the receiving officer and his/her agency, including the date, time and location of the release. Detainee transfers between facilities or to and from other entities, such as a hospital, should be accomplished with a custodial escort of the same sex as the detainee being transferred to assist with personal needs of the detainee as required. 900.7.14 HOLDING FACILITY SEARCHES The Shift Sergeant should ensure that all areas of the facility that are accessible to the detainee are inspected for contraband and physical security deficiencies at least once per week. The Operations Lieutenant or the authorized designee shall be notified of any discovered contraband or physical security deficiencies. The appropriate disposition of contraband and the remediation of physical security deficiencies shall be documented. 900.7.15 FACILITY SANITATION AND MAINTENANCE All holding facilities shall be maintained in good repair and in a clean and sanitary condition. The Shift Sergeant should inspect the holding facility at the beginning and end of each shift to ensure that the detention area is clean and maintained. Any maintenance problems will be reported to the maintenance manager (6 CCR 1010-13:18.1). 900.7.16 ACCESS TO FAITH AND MORALS-BASED PROGRAMS In accordance with available resources, safety and security, the religious beliefs and needs of all detainees should be reasonably accommodated, including reasonable access Holding Facility - 459 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility to clergy members and spiritual advisers, volunteer religious organizations, faith and morals-based programs and other secular volunteer programs. No detainee shall be required to participate in any such program. 900.7.17 DEATH OF A DETAINEE An officer who discovers a fatal injury or the death of a detainee while in the holding facility shall immediately notify the Patrol Sergeant and Command Staff. 900.8 DETAINEE ESCAPE PROCEDURES In the event of an attempted escape from the holding facility, the following measures should be taken: Any available holding facility video system will be monitored by Police Department staff. If an escape attempt is underway, with or without an officer present, ADCOM and Department personnel should perform the following actions in sequential order: 1. Broadcast an immediate alert over the radio system. 2. Notify the Shift Sergeant, other supervisors and other resources as directed by supervisors, to immediately respond to the holding facility to prevent the escape and/or assist the officer involved. 3. Announce the escape attempt on the internal communication system of the holding facility. 4. Alert administrative personnel of the attempted escape using appropriate communication systems. All available personnel are to respond to aid in prevention of an escape. If the escape is successful, ADCOM or the Records Section will complete a National Criminal Information Center (NCIC) teletype broadcast to surrounding agencies. The teletype, with the approval of a supervisor, provides a physical description of the escapee, the reason for detention, whether the person is armed and if there were any injuries related to the escape. 900.8.1 USE OF FORCE TO PREVENT ESCAPE OR CAPTURE ESCAPEES Officers attempting to prevent the escape shall use only that amount of force that reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to accomplish a legitimate law enforcement purpose. 900.8.2 POST ESCAPE INCIDENT NOTIFICATIONS Once the escape has been thwarted or escapees captured, ADCOM shall broadcast an end to the alert. The Shift Sergeant will ensure all persons notified of the event are notified of its resolution. 900.9 FIRE AND LIFE SAFETY The holding facility is equipped with smoke detectors that trigger alarms. The facility is also equipped with a number of strategically located fire extinguishers. The Patrol supervisor or designee should, at the beginning and end of each shift, inspect the facility to ensure: No flammable materials are stored in the detention area. Fire extinguishers are serviceable. Holding Facility - 460 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility Cell keys are available for emergency use. First-aid kits are readily available and completely stocked. Smoke detectors are operational. The facility shall be inspected annually by the Brighton Fire Rescue District. A written emergency operations plan and a fire hazard inspection checklist, approved by the Fire Marshal, shall be implemented and evaluated at least once each calendar quarter. The Operations Lieutenant shall inspect the facility at least two times per year, but preferably at least every four months, for security, control, conditions and the overall state of compliance. 900.9.1 EMERGENCY PROCEDURES In the event of a fire or other emergency requiring evacuation in the detention area, the employee who discovers it should immediately: 1. Notify the Fire Department or other appropriate agency, Shift Sergeant and on-duty patrol personnel simultaneously through ADCOM. 2. Initiate movement of all detainees to an area of safety through the utilization of the evacuation plan. 3. Begin fire suppression procedures or other emergency mitigation actions, as appropriate. Responding patrol officers under the direction of the facility supervisor should be responsible for: 1. The evacuation of detainees. 2. Obtaining medical services as needed. 3. Securing detainees in a temporary holding area. 4. Arranging transportation of detainees to the county jail or other holding facility as necessary. 5. Initiating an investigation concerning the origin of the fire or other emergency, along with filing the necessary reports. 900.10 EMERGENCY EVACUATION If an evacuation of the holding facility becomes necessary, the following should be considered. Safety and security concerns should be considered in the following order: 1. Safety of public 2. Safety of Department personnel 3. Safety of detainees 4. Security of detainees Any person who believes evacuation is necessary should notify the Patrol Sergeant. The Patrol Sergeant will ensure notification of the appropriate personnel: 1. All available certified personnel 2. Fire department 3. Emergency medical aid providers Holding Facility - 461 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Holding Facility 4. Command Staff 900.10.1 EVACUATION PROCESS When time permits, all detainees will be restrained as deemed necessary by the officer conducting the evacuation. The evacuation will be conducted in an orderly fashion by one of the routes posted in the holding facility. 900.10.2 EVACUATION FORMATION AREA All detainees will form in the designated location where they will be held until the facility can again be safely occupied, or in case of an emergency of a long duration, until they can be transported to another facility. If possible, juveniles are to be kept separate from adult detainees, and females separate from male detainees. Only after the safety and security of the detainees is assured will personnel not detailed to detainee security participate in fire suppression or other emergency activities. 900.10.3 AREA DISASTERS In cases of City wide or regional disasters, the Shift Sergeant may authorize the release of prisoners detained for misdemeanors or felonies involving property crimes only. Every available effort will be made to continue the custody of violent felons or felons accused of violent crimes to ensure the safety of the public. 900.10.4 FIRST-AID/PROFESSIONAL MEDICAL ATTENTION As necessary, evacuating personnel will apply first-aid techniques to those detainees injured because of the emergency or during the evacuation procedure until professional medical aid arrives to assist. 900.10.5 REPORTS The Shift Sergeant will ensure that any emergency evacuation of the holding facility is documented and that copies of those reports be forwarded to the Command Staff. 900.11 EMERGENCY TRAINING The Professional Standards Unit will ensure that all Department personnel are trained and familiar with (6 CCR 1010-13:16.0): This policy and any applicable Operations and Procedure Manual. Emergency first-aid techniques. The fire safety and evacuation plan, including the use of the fire extinguisher. Holding Facility - 462 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 902 Brighton Police Department Policy Manual Custodial Searches 902.1 PURPOSE AND SCOPE This policy provides guidance regarding searches of individuals in custody. Such searches are necessary to eliminate the introduction of contraband, intoxicants or weapons into the Brighton Police Department facility. Such items can pose a serious risk to the safety and security of department members, individuals in custody, contractors and the public. Nothing in this policy is intended to prohibit the otherwise lawful collection of trace evidence from an individual in custody. 902.1.1 DEFINITIONS Definitions related to this policy include: Custody search - An in-custody search of an individual and of his/her property, shoes and clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous items and contraband. Physical body cavity search - A search that includes a visual inspection and may include a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an individual, and the vagina of a female person. Strip search - A search that requires an individual to remove or rearrange some or all of his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or outer genitalia. This includes monitoring an individual who is changing clothes, where his/her underclothing, buttocks, genitalia or female breasts are visible. 902.2 POLICY All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and hygiene, and in compliance with policy and law to protect the rights of those who are subject to any search. Searches shall not be used for intimidation, harassment, punishment or retaliation. 902.3 FIELD AND TRANSPORTATION SEARCHES An officer should conduct a custody search of an individual immediately after his/her arrest, when receiving an individual from the custody of another, and before transporting a person who is in custody in any department vehicle. Whenever practicable, a custody search should be conducted by an officer of the same sex as the person being searched. If an officer of the same sex is not reasonably available, a witnessing officer should be present during the search. 902.3.1 ARRESTEE TRANSPORTATION Generally, arrestees being transported should be restrained using handcuffs and/or transportation belts. Consideration should be given to the medical and physical condition of the arrestee and the possibility of positional Custodial Searches - 463 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Custodial Searches Arrestees shall not be handcuffed to any part of the vehicle. Insofar as possible, arrestees should be seat belted in when in a transport vehicle Vehicle transportation over a period of several hours should be avoided. When this occurs, transporting officers may request additional assistance depending on the medical and physical condition of the arrestee. Officers may transport arrestees of the opposite sex if a same sex officer is not available. All transporting officers will notify ADCOM of the time of departure, starting mileage, time of arrival and arrival mileage for each transportation event. Arrestee transportation to hospitals, dental clinics or other service sites may provide an opportunity for unauthorized personal contact with the arrestee by a third party. In such events, additional safety and security measures may be needed such as using two or more officers to conduct the transport or having an additional officer present at the destination for site security. All vehicles used for arrestee transportation will be thoroughly searched at the beginning or each shift, the end of each shift, prior to any transportation and at the end of each transportation event. 902.4 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the Brighton Police Department facilities. Except in exigent circumstances, the search should be conducted by a member of the same sex as the individual being searched. If a member of the same sex is not available, a witnessing member must be present during the search. Custody searches should also be conducted any time an individual in custody enters or re-enters a secure area, or any time it is reasonably believed that a search is necessary to maintain the safety and security of the facility. 902.4.1 PROPERTY Members shall take reasonable care in handling the property of an individual in custody to avoid discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until the individual is released or transferred. Some property may not be accepted by a facility or agency that is taking custody of an individual from this department, such as weapons or large items. These items should be retained for safekeeping in accordance with the Property and Evidence Policy. All property shall be inventoried by objective description (this does not include an estimated value). The individual from whom it was taken shall be required to sign the completed inventory. If the individual's signature cannot be obtained, the inventory shall be witnessed by another department member. The inventory should include the case number, date, time, member's Brighton Police Department identification number and information regarding how and when the property may be released. 902.4.2 VERIFICATION OF MONEY All money shall be counted in front of the individual from whom it was received. When possible, the individual shall initial the dollar amount on the inventory. Additionally, all money should be placed in a separate envelope and sealed. Negotiable checks or other instruments and foreign currency should also be sealed in an envelope with the amount indicated but not added to the cash total. All envelopes should clearly indicate the contents Custodial Searches - 464 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Custodial Searches on the front. The department member sealing it should place his/her initials across the sealed flap. Should any money be withdrawn or added, the member making such change shall enter the amount below the original entry and initial it. The amount of money in the envelope should always be totaled and written on the outside of the envelope. 902.5 STRIP SEARCHES No individual in temporary custody at any Brighton Police Department facility shall be subjected to a strip search unless there is reasonable suspicion based upon specific and articulable facts to believe the individual has a health condition requiring immediate medical attention or is concealing a weapon or contraband. Factors to be considered in determining reasonable suspicion include, but are not limited to: The detection of an object during a custody search that may be a weapon or contraband and cannot be safely retrieved without a strip search. Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband. 1. A felony arrest charge or being under the influence of a controlled substance should not suffice as reasonable suspicion absent other facts. Custody history past possession of contraband while in custody, assaults on department members, escape attempts). The individual's actions or demeanor. Criminal history level of experience in a custody setting). No transgender or intersex individual shall be searched or examined for the sole purpose of determining the individual's genital status. If the individual's genital status is unknown, it may be determined during conversations with the person, by reviewing medical records, or as a result of a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115). 902.5.1 STRIP SEARCH PROCEDURES Strip searches at Brighton Police Department facilities shall be conducted as follows (28 CFR 115.115; CRS § 16-3-405): Written authorization from the Shift Sergeant shall be obtained prior to the strip search. All members involved with the strip search shall be of the same sex as the individual being searched, unless the search is conducted by a medical practitioner. All strip searches shall be conducted in a professional manner under sanitary conditions and in a secure area of privacy so that it cannot be observed by those not participating in the search. The search shall not be reproduced through a visual or sound recording. Whenever possible, a second member of the same sex should also be present during the search, for security and as a witness to the finding of evidence. Members conducting a strip search shall not touch the breasts, buttocks or genitalia of the individual being searched. The primary member conducting the search shall prepare a written report to include: 1. The facts that led to the decision to perform a strip search. 2. The reasons less intrusive methods of searching were not used or were insufficient. Custodial Searches - 465 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Custodial Searches 3. The written authorization for the search, obtained from the Shift Sergeant. 4. The name of the individual who was searched. 5. The name and sex of the members who conducted the search. 6. The name, sex and role of any person present during the search. 7. The time and date of the search. 8. The place at which the search was conducted. 9. A list of the items, if any, that were recovered. 10. The facts upon which the member based his/her belief that the individual was concealing a weapon or contraband. No member should view an individual's private underclothing, buttocks, genitalia or female breasts while that individual is showering, performing bodily functions or changing clothes, unless he/she otherwise qualifies for a strip search. However, if serious hygiene or health issues make it reasonably necessary to assist the individual with a shower or a change of clothes, a supervisor should be contacted to ensure reasonable steps are taken to obtain the individual's consent and/or otherwise protect his/her privacy and dignity. A copy of the written authorization should be retained and made available upon request to the detainee or the detainee's authorized representative. 902.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES A strip search may be conducted in the field only with Shift Sergeant authorization and only in exceptional circumstances, such as when: There is probable cause to believe that the individual is concealing a weapon or other dangerous item that cannot be recovered by a more limited search. There is probable cause to believe that the individual is concealing controlled substances or evidence that cannot be recovered by a more limited search, and there is no reasonable alternative to ensure the individual cannot destroy or ingest the substance during transportation. These special-circumstance field strip searches shall only be authorized and conducted under the same restrictions as the strip search procedures in this policy, except that the Shift Sergeant authorization does not need to be in writing. 902.6 PHYSICAL BODY CAVITY SEARCH Physical body cavity searches shall be subject to the following: No individual shall be subjected to a physical body cavity search without written approval of the Shift Sergeant and only upon a search warrant or approval of legal counsel. A copy of any search warrant and the results of the physical body cavity search shall be included with the related reports and made available, upon request, to the individual or authorized representative (except for those portions of the warrant ordered sealed by a court). Only a physician or nurse may conduct a physical body cavity search (CRS § 16-3-405(5)). Except for the physician or nurse conducting the search, persons present must be of the same sex as the individual being searched. Only the necessary department Custodial Searches - 466 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Custodial Searches members needed to maintain the safety and security of the medical personnel shall be present. Privacy requirements, including restricted touching of body parts and sanitary condition requirements, are the same as required for a strip search. All such searches shall be documented, including: 1. The facts that led to the decision to perform a physical body cavity search of the individual. 2. The reasons less intrusive methods of searching were not used or were insufficient. 3. The Shift Sergeant's approval. 4. A copy of the search warrant. 5. The time, date and location of the search. 6. The medical personnel present. 7. The names, sex and roles of any department members present. 8. Any contraband or weapons discovered by the search. A copy of the written authorization shall be retained and should be made available to the individual who was searched or other authorized representative upon request. 902.7 TRAINING The Professional Standards Unit shall ensure members have training that includes (28 CFR 115.115): Conducting searches of cross-gender individuals. Conducting searches of transgender and intersex individuals. Conducting searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. Custodial Searches - 467 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 904 Brighton Police Department Policy Manual Prison Rape Elimination 904.1 PURPOSE AND SCOPE This policy provides guidance for complying with the Prison Rape Elimination Act of 2003 (PREA) and the implementing regulation that establishes standards (PREA Rule) to prevent, detect and respond to sexual abuse, harassment and retaliation against detainees in the Brighton Police Department Temporary Holding Facilities (28 CFR 115.111). 904.1.1 DEFINITIONS Definitions related to this policy include: Intersex - A person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development (28 CFR 115.5). Sexual abuse - Any of the following acts, if the detainee does not consent, is coerced into such act by overt or implied threats of violence or is unable to consent or refuse: • Contact between the penis and the vulva or the penis and the anus, including penetration, however slight • Contact between the mouth and the penis, vulva or anus • Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument • Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or the buttocks of another person, excluding contact incidental to a physical altercation (28 CFR 115.6) Sexual abuse also includes abuse by a staff member, contractor or volunteer as follows, with or without consent of the detainee, arrestee or resident: • Contact between the penis and the vulva or the penis and the anus, including penetration, however slight • Contact between the mouth and the penis, vulva or anus • Contact between the mouth and any body part where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire • Penetration of the anal or genital opening, however slight, by a hand, finger, object or other instrument, that is unrelated to official duties, or where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire • Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh or the buttocks, that is unrelated to official duties, or where the staff member, contractor or volunteer has the intent to abuse, arouse or gratify sexual desire • Any attempt, threat or request by a staff member, contractor or volunteer to engage in the activities described above • Any display by a staff member, contractor or volunteer of his/her uncovered genitalia, buttocks or breast in the presence of a detainee, arrestee or resident • Voyeurism by a staff member, contractor or volunteer (28 CFR 115.6) Prison Rape Elimination - 468 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Prison Rape Elimination Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors; verbal comments, gestures or actions of a derogatory or offensive sexual nature by one detainee, arrestee or resident that are directed toward another; repeated verbal comments or gestures of a sexual nature to a detainee, arrestee or resident by a staff member, contractor or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures (28 CFR 115.6). Transgender - A person whose gender identity internal sense of feeling male or female) is different from the person's assigned sex at birth (28 CFR 115.5). 904.2 POLICY The Brighton Police Department has zero tolerance toward all forms of sexual abuse and sexual harassment (28 CFR 115.111). The Department will not tolerate retaliation against any person who reports sexual abuse or sexual harassment or who cooperates with a sexual abuse or sexual harassment investigation. The Brighton Police Department will take immediate action to protect detainees who are reasonably believed to be subject to a substantial risk of imminent sexual abuse (28 CFR 115.162). 904.3 PREA COORDINATOR The Chief of Police shall appoint a supervisor with sufficient time and authority to develop, implement and oversee department efforts to comply with PREA standards in the Brighton Police Department Temporary Holding Facilities (28 CFR 115.111). The PREA Coordinator's responsibilities shall include: Developing and maintaining procedures to comply with the PREA Rule. Ensuring that any contract for the confinement of Brighton Police Department detainees or arrestees includes the requirement to adopt and comply with applicable PREA and the PREA Rule, including the obligation to provide incident-based and aggregated data, as required in 28 CFR 115.187 (28 CFR 115.112). Developing a staffing plan to provide adequate levels of staffing and video monitoring, where applicable, in order to protect detainees from sexual abuse (28 CFR 115.113). This includes documenting deviations and the reasons for deviations from the staffing plan, as well as reviewing the staffing plan a minimum of once per year. Developing methods for staff to privately report sexual abuse and sexual harassment of detainees (28 CFR 115.151). Developing a written plan to coordinate response among staff first responders, medical and mental health practitioners, investigators and department leadership to an incident of sexual abuse (28 CFR 115.165). Ensuring a protocol is developed for investigating allegations of sexual abuse in the Temporary Holding Facility. The protocol shall include (28 CFR 115.121; 28 CFR 115.122): 1. Evidence collection practices that maximize the potential for obtaining usable physical evidence based on the most recent edition of the U.S. Department of Justice's (DOJ) Office on Violence Against Women publication, "A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents" or a similarly comprehensive and authoritative protocol. Prison Rape Elimination - 469 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Prison Rape Elimination 2. A process to ensure a criminal or administrative investigation is completed on all allegations of sexual abuse or sexual harassment. 3. A process to document all referrals to other law enforcement agencies. 4. Access to forensic medical examinations, without financial cost, for all victims of sexual abuse where appropriate. Such examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the examination can be performed by other qualified medical practitioners. The efforts to provide SAFEs or SANEs shall be documented. 5. In accordance with security needs, provisions to permit, to the extent available, detainee access to victim advocacy services if the detainee is transported for a forensic examination to an outside hospital that offers such services. Ensuring that detainees with limited English proficiency and disabilities have an equal opportunity to understand and benefit from efforts to prevent, detect and respond to sexual abuse and sexual harassment. This includes, as appropriate, access to interpreters and written materials in formats or through methods that provide effective communication to those with disabilities limited reading skills, intellectual, hearing or vision disabilities) (28 CFR 115.116). 1. The agency shall not rely on other detainees for assistance except in limited circumstances where an extended delay in obtaining an interpreter could compromise the detainee's safety, the performance of first-response duties under this policy, or the investigation of a detainee's allegations of sexual abuse, harassment or retaliation. Publishing on the department's website: 1. Information on how to report sexual abuse and sexual harassment on behalf of a detainee (28 CFR 115.154). 2. A protocol describing the responsibilities of the Department and any other investigating agency that will be responsible for conducting sexual abuse or sexual harassment investigations (28 CFR 115.122). Establishing a process that includes the use of a standardized form and set of definitions to ensure accurate, uniform data is collected for every allegation of sexual abuse at facilities under this agency's direct control (28 CFR 115.187). 1. The data collected shall include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence, conducted by DOJ, or any subsequent form developed by DOJ and designated for lockups. 2. The data shall be aggregated at least annually. Ensuring audits are conducted pursuant to 28 CFR 115.401 through 28 CFR 115.405 for all Temporary Holding Facilities used to house detainees overnight (28 CFR 115.193). Ensuring contractors or others who work in the Temporary Holding Facility are informed of the agency's zero-tolerance policy regarding sexual abuse and sexual harassment (28 CFR 115.132). Prison Rape Elimination - 470 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Prison Rape Elimination 904.4 REPORTING SEXUAL ABUSE AND HARASSMENT Detainees may make reports verbally, in writing, privately or anonymously of any of the following (28 CFR 115.151): • Sexual abuse • Sexual harassment • Retaliation by other detainees or staff for reporting sexual abuse or sexual harassment • Staff neglect or violation of responsibilities that may have contributed to sexual abuse or sexual harassment During intake the Department shall notify all detainees of the zero-tolerance policy regarding sexual abuse and sexual harassment, and of at least one way to report abuse or harassment to a public or private entity that is not part of the Department and that is able to receive and immediately forward detainee reports of sexual abuse and sexual harassment to agency officials. This allows the detainee to remain anonymous (28 CFR 115.132; 28 CFR 115.151). 904.4.1 EMPLOYEE RESPONSIBILITIES Department employees shall accept reports from detainees and third parties and shall document all reports (28 CFR 115.151). All members shall report immediately to the Shift Sergeant any knowledge, suspicion or information regarding: An incident of sexual abuse or sexual harassment that occurs in the Temporary Holding Facility. Retaliation against detainees or the member who reports any such incident. Any neglect or violation of responsibilities on the part of any department member that may have contributed to an incident or retaliation (28 CFR 115.161). No member shall reveal any information related to a sexual abuse report to anyone other than to the extent necessary to make treatment and investigation decisions. 904.4.2 SUPERVISOR RESPONSIBILITIES All supervisors shall report to the department's designated investigators all allegations of sexual abuse, harassment, retaliation, neglect or violations leading to sexual abuse, harassment or retaliation. This includes third-party and anonymous reports (28 CFR 115.161). If the alleged victim is under the age of 18 or considered a vulnerable adult, the supervisor shall also report the allegation as required under mandatory reporting laws and department policy. Upon receiving an allegation that a detainee was sexually abused while confined at another facility, the supervisor shall notify the head of the facility or the appropriate office of the agency where the alleged abuse occurred. The notification shall be made as soon as possible but no later than 72 hours after receiving the allegation. The supervisor shall document such notification (28 CFR 115.163). If an alleged detainee victim is transferred from the Temporary Holding Facility to a jail, prison or medical facility, the Department shall, as permitted by law, inform the receiving Prison Rape Elimination - 471 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Prison Rape Elimination facility of the incident and the detainee's potential need for medical or social services, unless the detainee requests otherwise (28 CFR 115.165). 904.5 INVESTIGATIONS The Department shall thoroughly and objectively investigate all allegations, including third-party and anonymous reports, of sexual abuse or sexual harassment. Only investigators who have received department-approved special training shall conduct sexual abuse investigations (28 CFR 115.171). 904.5.1 FIRST RESPONDERS The first officer to respond to a report of sexual abuse or sexual assault shall (28 CFR 115.164): Separate the parties. Establish a crime scene to preserve and protect any evidence. Identify and secure witnesses until steps can be taken to collect any evidence. If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking or eating. If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking or eating. If the first responder is not an officer the responder shall request that the alleged victim not take any actions that could destroy physical evidence and should then notify a law enforcement staff member (28 CFR 115.164). 904.5.2 INVESTIGATOR RESPONSIBILITIES Investigators shall (28 CFR 115.171): Gather and preserve direct and circumstantial evidence, including any available physical and biological evidence and any available electronic monitoring data. Interview alleged victims, suspects and witnesses. Review any prior complaints and reports of sexual abuse involving the suspect. Conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution. Assess the credibility of the alleged victim, suspect or witness on an individual basis and not by the person's status as a detainee or a member of the Brighton Police Department. Document in written reports a description of physical, testimonial, documentary and other evidence, the reasoning behind any credibility assessments, and investigative facts and findings. Refer allegations of conduct that may be criminal to the District Attorney for possible prosecution, including any time there is probable cause to believe a detainee sexually abused another detainee in the Temporary Holding Facility (28 CFR 115.178). Cooperate with outside investigators and remain informed about the progress of any outside investigation. Prison Rape Elimination - 472 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Prison Rape Elimination 904.5.3 ADMINISTRATIVE INVESTIGATIONS Administrative investigations shall include an effort to determine whether staff actions or failures to act contributed to the abuse. The departure of the alleged abuser or victim from the employment or control of this department shall not be used as a basis for terminating an investigation (28 CFR 115.171). 904.5.4 SEXUAL ASSAULT AND SEXUAL ABUSE VICTIMS No detainee who alleges sexual abuse shall be required to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an allegation (28 CFR 115.171(e)). Detainee victims of sexual abuse shall receive timely, unimpeded access to emergency medical treatment. Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident (28 CFR 115.182). 904.5.5 CONCLUSIONS AND FINDINGS All completed investigations shall be forwarded to the Chief of Police, or if the allegations may reasonably involve the Chief of Police, to the City Manager. The Chief of Police or City Manager shall review the investigation and determine whether any allegations of sexual abuse or sexual harassment have been substantiated by a preponderance of the evidence (28 CFR 115.172). All personnel shall be subject to disciplinary sanctions up to and including termination for violating this policy. Termination shall be the presumptive disciplinary sanction for department members who have engaged in sexual abuse. All discipline shall be commensurate with the nature and circumstances of the acts committed, the member's disciplinary history and the sanctions imposed for comparable offenses by other members with similar histories (28 CFR 115.176). All terminations for violations of this policy, or resignations by members who would have been terminated if not for their resignation, shall be criminally investigated unless the activity was clearly not criminal and reported to any relevant licensing body (28 CFR 115.176). Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with detainees and reported to any relevant licensing bodies (28 CFR 115.177). The Chief of Police shall take appropriate remedial measures and consider whether to prohibit further contact with detainees by a contractor or volunteer. 904.6 RETALIATION PROHIBITED All detainees and members who report sexual abuse or sexual harassment or who cooperate with sexual abuse or sexual harassment investigations shall be protected from retaliation (28 CFR 115.167). If any other individual who cooperates with an investigation expresses a fear of retaliation, appropriate measures shall be taken to protect that individual. The Shift Sergeant or the authorized designee shall employ multiple protection measures, such as housing changes or transfers for detainee victims or abusers, removal of alleged abusers from contact with victims, and emotional support services for detainees or members who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations. Prison Rape Elimination - 473 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Prison Rape Elimination The Shift Sergeant or the authorized designee shall identify a staff member to monitor the conduct and treatment of detainees or members who have reported sexual abuse and of detainees who were reported to have suffered sexual abuse. The staff member shall act to remedy any such retaliation. In the case of detainees, such monitoring shall also include periodic status checks. 904.7 REVIEWS AND AUDITS 904.7.1 INCIDENT REVIEWS An incident review shall be conducted at the conclusion of every sexual abuse investigation, unless the allegation has been determined to be unfounded. The review should occur within 30 days of the conclusion of the investigation. The review team shall include Command Staff and will seek input from line supervisors and investigators (28 CFR 115.186). The review shall (28 CFR 115.186): Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect or respond to sexual abuse. Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender or intersex identification, status or perceived status; gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility. Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse. Assess the adequacy of staffing levels in that area during different shifts. Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff. The review team shall prepare a report of its findings, including any determinations made pursuant to this section and any recommendations for improvement. The report shall be submitted to the Chief of Police and the PREA Coordinator. The Chief of Police or the authorized designee shall implement the recommendations for improvement or shall document the reasons for not doing so (28 CFR 115.186). 904.7.2 ANNUAL DATA REVIEWS The facility shall conduct an annual review of collected and aggregated incident-based sexual abuse data. The review should include, as needed, data from incident-based documents, including reports, investigation files and sexual abuse incident reviews (28 CFR 115.187). The purpose of these reviews is to assess and improve the effectiveness of sexual abuse prevention, detection and response policies, practices and training. An annual report shall be prepared that includes (28 CFR 115.188): Identification of any potential problem areas. Identification of any corrective actions taken. Recommendations for any additional corrective actions. A comparison of the current year's data and corrective actions with those from prior years. An assessment of the department's progress in addressing sexual abuse. Prison Rape Elimination - 474 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Prison Rape Elimination The report shall be approved by the Chief of Police and made readily available to the public through the department website or, if it does not have one, through other means. Material may be redacted from the reports when publication would present a clear and specific threat to the safety and security of the Temporary Holding Facility. However, the nature of the redacted material shall be indicated. All aggregated sexual abuse data from Brighton Police Department facilities and private facilities with which it contracts shall be made readily available to the public at least annually through the department website or, if it does not have one, through other means. Before making aggregated sexual abuse data publicly available, all personal identifiers shall be removed (28 CFR 115.189). 904.8 RECORDS RETENTION The Department shall retain all written reports from administrative and criminal investigations pursuant to this policy for as long as the alleged abuser is held or employed by the Department, plus five years (28 CFR 115.171). All other data collected pursuant to this policy shall be securely retained for at least 10 years after the date of the initial collection unless federal, state or local law requires otherwise (28 CFR 115.189). 904.9 TRAINING All employees, volunteers and contractors who may have contact with detainees shall receive department-approved training on the prevention and detection of sexual abuse and sexual harassment within this Holding Facility. The Professional Standards Unit shall be responsible for developing and administering this training as appropriate, covering at a minimum (28 CFR 115.131): • The Department's zero-tolerance policy and detainees' right to be free from sexual abuse and sexual harassment, and from retaliation for reporting sexual abuse or harassment. • The dynamics of sexual abuse and harassment in confinement settings, including which detainees are most vulnerable. • The right of detainees and staff members to be free from sexual abuse and sexual harassment, and from retaliation for reporting sexual abuse or harassment. • Detecting and responding to signs of threatened and actual abuse. • Communicating effectively and professionally with all detainees. • Compliance with relevant laws related to mandatory reporting of sexual abuse to outside authorities. Investigators assigned to sexual abuse investigations shall also receive training in conducting such investigations in confinement settings. Training should include (28 CFR 115.134): • Techniques for interviewing sexual abuse victims. • Proper use of Miranda and Garrity warnings. • Sexual abuse evidence collection in confinement settings. • Criteria and evidence required to substantiate a case for administrative action or prosecution referral. Prison Rape Elimination - 475 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Prison Rape Elimination The Professional Standards Unit shall maintain documentation that employees, volunteers, contractors and investigators have completed required training and that they understand the training. This understanding shall be documented through individual signature or electronic verification. All current employees and volunteers who may have contact with detainees shall be trained within one year of the effective date of the PREA standards. The agency shall provide annual refresher information to all such employees and volunteers to ensure that they understand the current sexual abuse and sexual harassment policies and procedures. Prison Rape Elimination - 476 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Chapter 10 - Personnel ---PAGE BREAK--- Policy 1000 Brighton Police Department Policy Manual Recruitment and Selection 1000.1 PURPOSE AND SCOPE The employment policy of the City shall provide equal opportunities for applicants and its employees, regardless of race, sexual orientation, age, pregnancy, religion, creed, color, national origin, ancestry, physical or mental handicap, marital status, veteran status or gender, and shall not show partiality or grant any special favors to any applicant, employee or group of employees in conformance with Title VII of the Civil Rights Act of 1964, the guidelines issued by the Equal Employment Opportunity Commission and Colorado law. The rules governing employment practices for this Department are maintained by the City of Brighton Department of Human Resources 1000.2 APPLICANT QUALIFICATIONS Candidates for job openings will be selected based on merit, ability, competence and suitability for the position. 1000.2.1 VETERAN'S PREFERENCE Veterans and spouses of veterans of the armed forces of the United States shall receive preference as applicable (CRS § 29-5.5-104; Colorado Constitution Article XII, § 15(1)). 1000.3 EMPLOYMENT STANDARDS Employment standards shall be established for each job classification and shall include minimally, the special training, abilities, knowledge and skills required to perform the duties of the job in a satisfactory manner. The City of Brighton Department of Human Resources maintains standards for all positions. The challenge facing the Department is one of developing a job-valid and non-discriminatory set of policies that will allow it to lawfully exclude persons who do not meet the City or State of Colorado hiring standards. The Colorado Peace Officer Standards and Training (POST) Board statutorily prescribes minimum standards for employment for certified employees and a preemployment investigation of a candidate's background (CRS § 24-31-303(1(f) and CRS 24-31-304(3)). The following standards have been adopted for public safety applicants. 1000.3.1 OPERATION OF A MOTOR VEHICLE The ability to possess a valid Colorado driver's license. The ability to drive safely. The ability to control a motor vehicle at high speeds. The ability to operate a motor vehicle in all types of weather conditions. The following may be disqualifying: 1. Receipt of three or more moving violations within three years or a reckless driving conviction within five years prior to application. Moving violations for which there is a factual finding of innocence shall not be included. 2. Involvement as a driver in two or more chargeable (at fault) collisions within three years prior to the date of application. Recruitment and Selection - 478 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Recruitment and Selection 3. A conviction for driving under the influence of alcohol (DUI or DWAI) and/or controlled substances within 10 years preceding the date of application or during the hiring process. 1000.3.2 INTEGRITY Refusing to yield to the temptation of bribes, gratuities and payoffs. Refusing to tolerate unethical or illegal conduct on the part of other law enforcement personnel. Showing strong moral character and integrity in dealing with the public. Being honest in dealing with the public. The following shall be disqualifying: 1. Any material misstatement of fact or significant admission during the application or background process shall be disqualifying, including inconsistent statements made during the initial background interview, documents submitted or discrepancies between this background investigation and other investigations conducted by other law enforcement agencies. 2. Any forgery, alteration or intentional omission of material facts on an official employment application document or sustained episodes of academic cheating. 1000.3.3 CREDIBILITY AS A WITNESS IN A COURT OF LAW The ability to give testimony in a court of law without being subject to impeachment due to honesty or veracity (or their opposites) or due to a conviction for a felony or crime involving dishonesty or making a false statement. Applicants shall be disqualified for: 1. Conviction of one DUI violation within the preceding five years. 2. Conviction of a second DUI violation. 3. Admission, conviction or adjudication of having committed any act defined as a felony under Colorado law, federal law, the law of another state or the Uniform Code of Military Justice. 4. Violations of the public trust, including admissions or administrative findings of any act while employed as a peace officer (including military police officers) involving lying, falsification of any official report or document or theft. 5. Admissions or conviction of any act of family violence as defined by law, committed as an adult. 6. Admissions of any criminal or delinquent act, whether misdemeanor or felony, committed against children including, but not limited to, molesting or annoying children, child abduction, child abuse, criminal sexual conduct or indecent exposure. 7. Admission, conviction or adjudication of having committed any misdemeanor pursuant to CRS § 24-31-305(1.5)(b-h). 8. Any history of work-related actions resulting in civil lawsuits that found against the applicant or his/her employer may be disqualifying. 1000.3.4 DEPENDABILITY Having a record of submitting reports on time and not malingering on calls. A record of being motivated to perform well. Recruitment and Selection - 479 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Recruitment and Selection A record of dependability and follow through on assignments. A history of taking the extra effort required for complete accuracy in all details of work. A willingness to work the hours needed to complete a job. Applicants may be disqualified for: 1. Missing any scheduled appointment during the hiring process without prior permission. 2. Arriving late for any scheduled appointment during the hiring process without making telephone notification as to the reason for the delay. 3. Having been disciplined by any employer, including military, as an adult for abuse of leave, gross insubordination, dereliction of duty or persistent failure to follow established policies and regulations. 4. Having been involuntarily dismissed, for any reason other than layoff, from two or more employers as an adult. 5. Having held more than seven paid positions with different employers within the past four years, or more than 15 paid positions with different employers in the past 10 years (excluding military). Students who attend school away from their permanent legal residence may be excused from this requirement as well as other persons with a reasonable explanation for an extensive job history. 6. Having undergone personal bankruptcy more than once. 7. Having current financial obligations for which legal judgments have not been satisfied. 8. Having wages currently garnished. 9. Any other history of financial instability. 10. Resigning from any paid position without notice may be disqualifying, except where the presence of a hostile work environment is alleged or other reasonable cause existed. 11. Having any outstanding warrant of arrest at time of application. 12. Pending criminal matters. 1000.3.5 LEARNING ABILITY The ability to comprehend and retain information. The ability to recall information pertaining to procedures, rules or regulations. The ability to recall information pertaining to laws, statutes and codes. The ability to learn and to apply what is learned. The ability to learn and apply the material, tactics and procedures that are required of the position. 1000.3.6 PERSONAL SENSITIVITY The ability to resolve problems in a way that shows sensitivity for the feelings of others. Empathy. Discretion in applying authority. Effectiveness in dealing with people without arousing irrational antagonism. The ability to understand the motives of people and how they will react and interact. Applicants may be disqualified for: Recruitment and Selection - 480 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Recruitment and Selection 1. Having been disciplined by any employer, including the military and/or any law enforcement training facility, for acts constituting racial, ethnic or sexual harassment or discrimination. 2. Uttering any epithet derogatory of another person's race, religion, gender, national origin or sexual orientation. 3. Having been disciplined by any employer as an adult for fighting in the workplace. 1000.3.7 JUDGMENT UNDER PRESSURE The ability to apply appropriate problem-solving and decision-making skills under stressful conditions. The ability to make sound decisions on the spot. The ability to use good judgment. The ability to make effective, logical decisions. Applicants shall be disqualified for: 1. Admissions of administrative findings or criminal convictions for any act amounting to assault under color of authority, use of excessive force pursuant to CRS § 18-8-803 or any violation of federal or state civil rights laws. 2. Admission of administrative findings or criminal conviction for failure to properly report witnessed criminal conduct committed by another law enforcement officer pursuant to CRS § 18-8-802 or equivalent laws. 1000.3.8 ILLEGAL USE OR POSSESSION OF CONTROLLED SUBSTANCES The following examples of illegal controlled substance use or possession will be considered automatic disqualifiers for applicants, with no exceptions: 1. Any adult use or possession of a drug classified as a hallucinogenic within seven years prior to application for employment. 2. Any other illegal adult use or possession of a controlled substance not mentioned above, including cocaine, within seven years prior to application for employment. 3. Without regard to date, any illegal adult use or possession of a controlled substance while employed in any law enforcement capacity, military police or as a student enrolled in college accredited courses related to the criminal justice field. 4. Any adult sale, manufacture or cultivation of a controlled substance. 5. Failure to honestly divulge to the Department any information about personal illegal use or possession of a controlled substance. 6. Any drug test of the applicant, during the course of the hiring process, where illegal controlled substances are detected. The following examples of illegal controlled substance use or possession will be considered in relationship to the overall background of that individual and may result in disqualification: 1. Any illegal use or possession of a controlled substance as a juvenile. 2. Any illegal adult use or possession of a controlled substance that does not meet the criteria of the automatic disqualifiers specified above marijuana use longer than two years ago or cocaine use longer than seven years ago). Recruitment and Selection - 481 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Recruitment and Selection 3. Any illegal or unauthorized use of prescription medications. 1000.4 POLICE OFFICER SELECTION PROCESS Applicants for entry-level officer positions will apply to the City of Brighton Department of Human Resources and are required to (CRS § 24-31-303): 1. Meet qualifications of POST and the Department, as required by this policy or law. 2. Pass an entrance examination. 3. Pass a physical agility test. 4. Obtain a recommendation from a structured interview board. The successful ranking candidates based on the above criteria will be required to successfully complete the following: 1. A background investigation 2. A deception detection device or other truth verification test process The top candidates meeting Department hiring criteria may then be given a conditional offer of employment, with hiring and appointment contingent upon the successful completion of the following: 1. Physical examination 2. Drug testing 3. testing conducted by a qualified or 4. Chief of Police final interview Regular employee status may be granted upon: 1. Successful completion of field training. 2. Successful completion of a one year probationary period. 1000.5 SUPPORT STAFF SELECTION PROCESS Applicants for all nonsworn positions will apply to the City of Brighton Department of Human Resources and are required to: 1. Meet Department qualifications. 2. Successfully complete an employment examination. 3. Obtain an acceptable passing score on a skills test if applicable to the position. 4. Obtain a recommendation from a structured interview board. 5. Successfully complete a background investigation. 6. Successfully complete a deception detection device or other truth verification test process. Candidates meeting Department hiring criteria may then be given a conditional offer of employment, with hiring and appointment contingent upon the successful completion of the following: 1. examination, as appropriate 2. Physical examination, as appropriate 3. Chief of Police final interview Recruitment and Selection - 482 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Recruitment and Selection Regular employee status may be granted upon: 1. Successful completion of training. 2. Successful completion of a six month probationary period. 1000.6 STAFF AND SPECIALIST POSITIONS Experienced applicants for management, supervisory positions and for specialists will be considered from within the Department and from individuals outside the Department for positions such as criminal investigations, crime prevention, identification or other positions that require specialized skills. These individuals must meet, or previously have met, the Department employment criteria for certified or nonsworn employment, as appropriate to the position. If applicable, the selection process for the position may also include: 1. Successful completion of an assessment center process. 2. An acceptable score from a staff interview and/or board. Candidates meeting Department hiring criteria may then be given a conditional offer of employment, with hiring and appointment contingent upon the successful completion of the following: 1. examination 2. Physical examination 3. Drug test 4. Chief of Police final interview Regular employee status may be granted upon: 1. Successful completion of training. 2. Successful completion of probation. 1000.7 TECHNIQUES, TOOLS AND RECORDS 1000.7.1 DECEPTION DETECTION DEVICE If a deception detection device is used in the selection process, the operator will be licensed and/or certified in the use of the device. 1000.7.2 BACKGROUND INVESTIGATIONS Background investigations are conducted on all Department employees prior to the final hiring decision. Relevant information regarding the candidate's qualifications, integrity, lawful and unlawful past behavior, previous work performance and driving record, if applicable to the position, is included, along with interviews of individuals who are familiar with the candidate. This information is used to make an informed decision on the candidate's suitability for employment. Background investigations shall be conducted by members of the Department who have been trained in conducting background investigations or in accordance with the background investigation protocol adopted by the Department. 1000.7.3 RECORDS All selection materials for those individuals hired, including the background investigation, will be placed in the employee's personnel file. Employee selection materials will be Recruitment and Selection - 483 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Recruitment and Selection maintained for the length of the time required for personnel files under the organization's records retention schedule. All selection materials for those individuals not hired will be maintained for a minimum period established by the organization's records retention schedule. Recruitment and Selection - 484 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1002 Brighton Police Department Policy Manual Evaluation of Employees 1002.1 PURPOSE AND SCOPE The Department's employee performance evaluation system is designed to record work performance for both the Department and the employee, providing recognition for good work and developing a guide for improvement. Employee performance evaluations are done at least once annually. The purposes of performance evaluations are to: • Standardize the nature of the personnel decision making process • Assure the public that the Department's personnel are qualified to carry out their assigned duties • Provide job incumbents with necessary behavior modification information to allow them to maintain appropriate behaviors and service 1002.2 POLICY The Brighton Police Department utilizes a performance evaluation report to measure performance and to use as a factor in making personnel decisions that relate to merit increases, promotion, reassignment, discipline, demotion and termination. The evaluation report is intended to serve as a guide for work planning and review by the supervisor and employee. It gives supervisors a way to create an objective history of work performance based on job standards. The Department evaluates employees in a non-discriminatory manner based upon job-related factors specific to the employee's position, without regard to sex, race, color, national origin, religion, age, disability or other protected classes. 1002.3 EVALUATION PROCESS Evaluation reports will cover a specific period of time and should be based on documented performance during that period. Evaluation reports will be completed by each employee's immediate supervisor. Other supervisors directly familiar with the employee's performance during the rating period should be consulted by the immediate supervisor for their input. All sworn and civilian supervisory personnel shall attend an approved supervisory course that includes training on the completion of performance evaluations within one year of the supervisory appointment. Each supervisor should discuss the tasks of the position, standards of performance expected and the evaluation criteria with each employee at the beginning of the rating period. Supervisors should document this discussion in the prescribed manner. Assessment of an employee's job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise. Non-probationary employees demonstrating substandard performance shall be notified in writing of such performance as soon as possible in order to have an opportunity to remediate Evaluation of Employees - 485 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Evaluation of Employees the issues. Such notification should occur at the earliest opportunity, with the goal being a minimum of 90 days written notice prior to the end of the evaluation period. Employees who disagree with their evaluation and who desire to provide a formal response or a rebuttal may do so in writing in the prescribed format and time period. 1002.4 EVALUATION FREQUENCY Employees are evaluated based on the following chart: Position Evaluations Every month Annual Evaluations Evaluated yearly Length of probation Probationary certified employees X X 1 Year Non-probationary certified employees X X Probationary civilian employees X X 6 months Non-probationary, civilian employees X 1002.4.1 RESERVE POLICE OFFICER EVALUATIONS Reserve officer evaluations are covered in the Reserve Officers Policy. 1002.4.2 VOLUNTEER EVALUATIONS Volunteer evaluations are covered in the Volunteer Policy. 1002.5 FULL-TIME PROBATIONARY PERSONNEL Personnel must successfully complete the probationary period before being eligible for classification as regular employees. An evaluation will be completed for all full-time civilian personnel during the probationary period. Probationary certified personnel are evaluated daily, weekly and during the probationary period. 1002.6 FULL-TIME REGULAR STATUS PERSONNEL Regular employees are subject to three types of performance evaluations: Regular - An employee performance evaluation shall be completed once each year by the employee's immediate supervisor on or near the anniversary of the employee's date of hire, except for employees who have been promoted, in which case an employee performance evaluation shall be completed on the anniversary of the employee's date of last promotion. Transfer - If an employee is transferred from one assignment to another in the middle of an evaluation period and less than six months have transpired since the transfer, an evaluation shall be completed by the current supervisor with contributions from the previous supervisor. Special - A special evaluation may be completed any time the rater or the rater's supervisor determine one is necessary for other reasons, including an assessment of employee performance that appears to have become substandard. Generally, when used to demonstrate those areas of performance that appear to be substandard the evaluation would include followup action action plan, remedial training, retraining). The evaluation form and any documentation shall be submitted as one package. Evaluation of Employees - 486 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Evaluation of Employees 1002.6.1 RATING DEFINITIONS The definition of each rating category is as follows: Outstanding - Actual performance that is well beyond that required for the position. It is exceptional performance, definitely superior or extraordinary. Exceeds standards - Represents performance that is better than expected of a fully competent employee. It is superior to what is expected but is not of such rare nature to warrant outstanding. Meets standards - Performance of a fully competent employee. It means satisfactory performance that meets the standards required of the position. Needs improvement - A level of performance less than that expected of a fully competent employee and less than the standards required of the position. A needs-improvement rating must be thoroughly discussed with the employee. Unsatisfactory - Performance is inferior to the standards required of the position. It is very inadequate or undesirable performance that cannot be tolerated. Space for written comments is provided at the end of the evaluation in the rater comments section. This section allows the rater to document the employee's weaknesses and suggestions for improvement. Any rating under any job dimension marked unsatisfactory or outstanding shall be substantiated in the rater comments section. 1002.7 EVALUATION INTERVIEW When the supervisor has completed an annual evaluation and it has been approved by Command Staff, arrangements shall be made for a private discussion of the evaluation with the employee. The supervisor should discuss the results of the recently completed rating period and clarify any questions the employee may have. If the employee has valid and reasonable protests of any of the ratings, the employee may request that appropriate changes be made to the evaluation. Areas needing improvement and goals for reaching the expected level of performance should be identified and discussed. The supervisor should also provide relevant counseling regarding advancement, specialty positions and training opportunities. The supervisor and employee should sign and date the evaluation. Employees may also write comments in the employee comments section of the performance evaluation report. 1002.8 EVALUATION REVIEW After the supervisor finishes the employee evaluation, the performance evaluation is forwarded to the appropriate Captain or Lieutenant and then the Chief of Police. The Captain or Lieutenant will review the evaluation for fairness, impartiality, uniformity and consistency. The Captain or Lieutenant will use the quality of performance ratings prepared as a factor to evaluate the supervisor. The evaluation is then forwarded to the Chief of Police for final review. Following that, the supervisor will then present the completed evaluation to the employee. 1002.9 EVALUATION DISTRIBUTION The original performance evaluation shall be maintained in the employee's personnel file in the office of the Chief of Police for the employee's tenure. A copy will be given to the employee and a copy will be forwarded to City Department of Human Resources. Evaluation of Employees - 487 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1004 Brighton Police Department Policy Manual Promotion and Transfer Policy 1004.1 PURPOSE AND SCOPE The purpose of this policy is to establish required and desirable qualifications for promotion within the ranks of the Brighton Police Department. 1004.1.1 GENERAL REQUIREMENTS The following conditions will be used in evaluating employees for promotion and transfer: Presents a professional and neat appearance. Maintains a physical condition that aids in their performance. Demonstrates: 1. Emotional stability and maturity 2. Stress tolerance 3. Sound judgment and decision-making 4. Personal integrity and ethical conduct 5. Leadership 6. Initiative 7. Adaptability and flexibility 8. Ability to conform to organizational goals and objectives 9. Skills and abilities related to the position 1004.2 NON-SUPERVISORY COLLATERAL ASSIGNMENTS The following positions are considered transfers and/or special collateral assignments and are not considered promotions, including but not limited to: Special enforcement team member Detective Bicycle officer Accident Investigator Police Training Officer Community Resource Officer D.A.R.E. Instructor School Resource Officer 1004.2.1 QUALIFICATIONS FOR COLLATERAL ASSIGNMENTS The following minimum qualifications apply to consideration for transfer to special collateral assignments: Two years experience Regular employee status Has shown an express interest in the position applied for. Promotion and Transfer Policy - 488 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Promotion and Transfer Policy Education, training and demonstrated abilities in related areas, such as enforcement activities, investigative techniques, report writing and public relations Completed any training required by POST, federal or state law. 1004.3 COLLATERAL ASSIGNMENTS SELECTION PROCESS The following criteria apply to collateral assignments: Interested officers should submit a written request to be assigned to a collateral assignment when such assignments are available. Each supervisor who has overseen or has otherwise been accountable for the candidate's performance will submit recommendations to the supervisor in charge of the collateral assignment. Eligible candidates for the collateral assignment will participate in a selection process as specified by the supervisor and Command Staff member in charge of the collateral assignment. Appointments to a collateral assignment are made by the Chief of Police or other member of the Command Staff. The policy and procedures for all positions may be waived for temporary assignments, emergency situations or for training. 1004.4 PROMOTIONAL SPECIFICATIONS Specifications for promotional opportunities are on file with the Brighton Department of Human Resources. As promotional opportunities occur, a selection process established by the Police Department Command Staff will be posted and implemented. 1004.5 SUPERVISOR TRAINING Insofar as practical, within one year of the effective date of assignment, all supervisors should complete a supervisor training course. Promotion and Transfer Policy - 489 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1006 Brighton Police Department Policy Manual Grievance Procedures 1006.1 PURPOSE AND SCOPE It is the policy of this department that all grievances be handled quickly and fairly without discrimination against employees who file a grievance. The Department's philosophy is to promote free verbal communication between employees and supervisors. 1006.1.1 DEFINITIONS A grievance is any difference of opinion concerning terms or conditions of employment or the interpretation or application of any of the following documents: This Policy Manual Established procedures and practices City rules and regulations covering personnel practices or working conditions Grievances may be brought by an individual employee or by an employee group representative. Specifically excluded from the category of grievances are: Complaints related to alleged acts of sexual, racial, ethnic or other forms of unlawful harassment. Complaints related to allegations of discrimination on the basis of gender, race, religion, ethnic background and other lawfully protected status or activity that is subject to the complaint options set forth in the Discriminatory Harassment Policy. Complaints related to state workers' compensation. Personnel complaints consisting of any allegation of misconduct or improper job performance by any Department employee that, if true, would constitute a violation of department policy, federal, state or local law set forth in the Personnel Complaint Procedure Policy. 1006.2 PROCEDURES If an employee believes that they have a grievance as defined above, the employee shall observe the following procedures: Attempt to resolve the issue through informal discussion with the immediate supervisor. If after a reasonable period of time, generally seven days, the grievance cannot be settled by the immediate supervisor, the employee may request interviews through the chain of command up to the Captain of the affected division. If a successful resolution is not found through the chain of command, the employee may request a meeting with the Chief of Police. If the employee and the Chief of Police are unable to arrive at a mutual solution, the employee shall submit a written statement of the grievance and deliver one copy to the Chief of Police and another copy to the immediate supervisor that includes the following information: 1. The basis for the grievance the facts of the case) Grievance Procedures - 490 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Grievance Procedures 2. Allegation of the specific wrongful act and the harm done 3. The specific policies, rules or regulations that were violated 4. The remedy or goal being sought by the grievance The employee shall receive a copy of the acknowledgment signed by the supervisor including the date and time of receipt. The Chief of Police will receive the written grievance. The Chief of Police will review and analyze the facts or allegations and respond to the employee within five business days. The response will be in writing and will affirm or deny the allegations. The response shall include any remedies if appropriate. 1006.3 EMPLOYEE REPRESENTATION Employees are entitled to have representation during the grievance process. The representative may be anyone selected by the employee. The representative is there to advise the employee and may not interfere with the grievance process. 1006.4 PUNITIVE ACTION PROHIBITED No employee may be discharged, demoted, disciplined, denied promotion or threatened with such treatment by reason of the lawful exercise of any rights granted by grievance procedures. 1006.5 GRIEVANCE RECORDS At the conclusion of the grievance process, all documents pertaining to the process shall be forwarded to Support Services Division for inclusion into a secure file for all written grievances. A second copy of the written grievance will be maintained by the City Human Resources office to monitor the grievance process. 1006.6 GRIEVANCE AUDITS The Professional Standards Unit will perform an annual audit of all grievances filed the previous calendar year to evaluate whether any policy/procedure changes or training may be appropriate to avoid future filings of grievances. The Professional Standards Unit shall record these findings in a memorandum to the Chief of Police without including any identifying information from any individual grievance. If the audit identifies any recommended changes or content that may warrant a critical revision to this Policy Manual, the Professional Standards Unit should notify the Chief of Police. Grievance Procedures - 491 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1008 Brighton Police Department Policy Manual Anti-Retaliation Policy 1008.1 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members. This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause. These guidelines are intended to supplement and not limit members' access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal law, provision of the U.S. Constitution, law, or ordinance. 1008.2 POLICY The Brighton Police Department has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be and appropriately investigated. 1008.3 RETALIATION PROHIBITED No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy. Retaliation includes any adverse action or conduct, including but not limited to: • Refusing to hire or denying a promotion. • Extending the probationary period. • Unjustified reassignment of duties or change of work schedule. • Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. • Taking unwarranted disciplinary action. • Spreading rumors about the person filing the complaint or about the alleged wrongdoing. • Shunning or reasonably avoiding a person because he/she has engaged in protected activity. 1008.4 COMPLAINTS OF RETALIATION Any member who feels he/she has been retaliated against in violation of this policy should report the matter to any supervisor, Command Staff member, Chief of Police or the City Director of Human Resources. Anti-Retaliation Policy - 492 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Anti-Retaliation Policy Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of the information or otherwise act in bad faith. Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member's identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process. 1008.5 SUPERVISOR RESPONSIBILITIES Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions. The responsibilities of supervisors include, but are not limited to: Ensuring complaints of retaliation are investigated as provided in the Personnel Complaints Policy. Receiving all complaints in a fair and impartial manner. Documenting the complaint and any steps taken to resolve the problem. Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of command and explaining to the member how the complaint will be handled. Taking appropriate and reasonable steps to mitigate any further violations of this policy. Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation. Periodic follow-up with the complainant to ensure that retaliation is not continuing. Not interfering with or denying the right of a member to make any complaint. Taking reasonable steps to accommodate requests for assignment or schedule changes made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. 1008.6 COMMAND STAFF RESPONSIBILITIES The Chief of Police should communicate to all supervisors the prohibition against retaliation. Command Staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to: Communicating to all members the prohibition against retaliation. The timely review of complaint investigations. Remediation of any in appropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence. The timely communication of the outcome to the complainant. Anti-Retaliation Policy - 493 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Anti-Retaliation Policy 1008.7 RECORDS RETENTION AND RELEASE The assigned Administrative Assistant shall ensure that documentation of investigations is maintained in accordance with the established personnel records security and confidentiality standards. 1008.8 TRAINING The Professional Standards Unit will ensure that all Department members received periodic training on this policy. Anti-Retaliation Policy - 494 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1010 Brighton Police Department Policy Manual Reporting Employee Convictions 1010.1 PURPOSE AND SCOPE Convictions of certain offenses may restrict or prohibit an employee's ability to properly perform official duties. Therefore, all employees shall be required to notify the Department of any past and current criminal convictions. 1010.2 DOMESTIC VIOLENCE CONVICTIONS AND PROTECTION ORDERS Colorado and federal law prohibit individuals convicted of certain offenses and individuals subject to certain court orders from lawfully possessing a firearm. Such convictions and court orders often involve allegations of the use or attempted use of force or threatened use of a weapon on any individual in a domestic relationship spouse, cohabitant, parent, child) (18 USC § 922; CRS § 18-12-108). All members are responsible for ensuring that they have not been disqualified from possessing a firearm by any such conviction or court order and shall report any such conviction or court order to a supervisor, as provided in this policy. 1010.3 CRIMINAL CONVICTIONS Any person convicted of a felony is prohibited from being a peace officer in the State of Colorado (CRS 24-31-305(1.5)(a)). If a person is convicted of a misdemeanor crime listed in CRS § 24-31-305(1.5) after July 1, 2001, they may not obtain POST certification without a waiver or may have their POST certification suspended or revoked. Even when legal restrictions are not imposed by statute or by the courts upon conviction of any criminal offense, criminal conduct by a member of this department may prohibit them from carrying out law enforcement duties. 1010.3.1 COURT ORDERS All employees shall notify the Department if they are part of any criminal or civil court order. Court orders may prevent peace officers from possessing a firearm or require suspension or revocation of their peace officer POST certificate (see generally CRS § 24-31-303). 1010.4 REPORTING PROCEDURE All members of this department and all retired officers with an identification card issued by the Department shall notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing of any past or current criminal arrest or conviction, regardless of whether the matter is currently on appeal and regardless of the penalty or sentence, if any. All members and all retired officers with an identification card issued by the Department shall further notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing if the member or retiree becomes the subject of a domestic violence restraining order or similar court order. Reporting Employee Convictions - 495 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Reporting Employee Convictions Any member whose criminal conviction unduly restricts or prohibits that member from fully and properly performing his/her duties may be disciplined including, but not limited to, being placed on administrative leave, reassignment and/or termination. Any member failing to provide prompt written notice pursuant to this policy shall be subject to discipline. Reporting Employee Convictions - 496 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1012 Brighton Police Department Policy Manual Drug and Alcohol Free Workplace 1012.1 PURPOSE AND SCOPE The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace. 1012.2 POLICY It is the policy of this Department to provide a drug- and alcohol-free workplace for all members. 1012.3 GENERAL GUIDELINES Alcohol and drug use in the workplace or on department time can endanger the health and safety of department members and the public. Such use shall not be tolerated (41 USC § 8103). Members who have consumed an amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for duty. Affected members shall notify the Shift Sergeant or appropriate supervisor as soon as the member is aware that he/she will not be able to report to work. If the member is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the member is adversely affected while on-duty, he/she shall be immediately removed and released from work (see Work Restrictions in this policy). 1012.3.1 USE OF MEDICATIONS Members should avoid taking any medications that will impair their ability to safely and completely perform their duties. Any member who is medically required or has a need to take any such medication shall report that need to his/her immediate supervisor prior to commencing any on-duty status. No member shall be permitted to work or drive a vehicle owned or leased by the Department while taking any medication that has the potential to impair his/her abilities, without a written release from his/her physician. Possession of medical marijuanaor being under the influence of marijuana on- or off-duty is prohibited and may lead to disciplinary action. 1012.4 MEMBER RESPONSIBILITIES Members shall report for work in an appropriate mental and physical condition. Members are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using controlled substances or alcohol on department premises or on department time (41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition. Members who are authorized to consume alcohol as part of a special assignment shall not do so to the extent of impairing on-duty performance. Drug and Alcohol Free Workplace - 497 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Drug and Alcohol Free Workplace Members shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow member poses a risk to the health and safety of the member or others due to drug or alcohol use. Members are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103). 1012.5 EMPLOYEE ASSISTANCE PROGRAM There may be available a voluntary Employee Assistance Program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the Department of Human Resources, their insurance providers or the employee assistance program for additional information. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to performance problems. 1012.6 WORK RESTRICTIONS If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that could interfere with a safe and efficient job performance, the member may be required to obtain clearance from his/her physician before continuing to work. If the supervisor reasonably believes, based on objective facts, that a member is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing work and shall ensure that he/she is safely transported away from the Department. 1012.7 REQUESTING SCREENING TESTS A supervisor may request an employee to submit to a screening test under any of the following circumstances: The supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing his/her ability to perform duties safely and efficiently. The employee discharges a firearm, other than by accident, in the performance of his/her duties. During the performance of his/her duties, the employee drives a motor vehicle and becomes involved in an incident that results in bodily injury to him/herself or another person or substantial damage to property. 1012.7.1 SUPERVISOR RESPONSIBILITIES The supervisor shall prepare a written record documenting the specific facts that led to the decision to request the test, and shall inform the employee in writing of the following: The test will be given to detect alcohol or drugs, or both. The result of the test is not admissible in any criminal proceeding against the employee. The employee may refuse the test, but that refusal may result in dismissal or other disciplinary action. Drug and Alcohol Free Workplace - 498 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Drug and Alcohol Free Workplace 1012.7.2 SCREENING TEST REFUSAL An employee may be subject to disciplinary action if he/she: Fails or refuses to submit to a screening test as requested. After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, that he/she took the controlled substance as directed, pursuant to a current and lawful prescription issued in his/her name. Violates any provisions of this policy. 1012.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving a member, the Department will take appropriate disciplinary action, up to and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104). 1012.9 CONFIDENTIALITY The Department recognizes the confidentiality and privacy due to its members. Disclosure of any information relating to substance abuse treatment, except on a need-to-know basis, shall only be with the express written consent of the member involved or pursuant to lawful process. The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained separately from the employee's other personnel files. Drug and Alcohol Free Workplace - 499 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1016 Brighton Police Department Policy Manual Communicable Diseases 1016.1 PURPOSE AND SCOPE This policy is intended to provide guidelines for department personnel to assist in minimizing the risk of contracting and/or spreading communicable diseases and to minimize the incidence of illness and injury as required by state and federal guidelines (29 CFR § 1910.1030(a)). The policy will offer direction in achieving the following goals: To identify, inform and train all Department employees regarding the communicable disease risks to which they may be exposed while performing their specific job assignments To manage the risks associated with bloodborne pathogens, aerosol transmissible diseases and other potentially infectious substances To assist Department personnel in making decisions concerning the selection, use, maintenance, limitations, storage and disposal of personal protective equipment (PPE) To protect the privacy rights of all Department personnel who may be exposed to or contract a communicable disease during the course of their duties To provide appropriate testing, treatment and counseling should an employee be exposed to a communicable disease 1016.1.1 DEFINITIONS Definitions related to this policy include: Biohazard or bloodborne pathogen - Pathogenic microorganisms that are present in human blood and can cause disease in humans (29 CFR 1910.1030(b)). These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV). Communicable disease - An illness caused by an agent or its toxic products that arises through the transmission of that agent or its products to a susceptible host, either directly or indirectly. Exposure incident - A specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that result from the performance of a Department member's duties (29 CFR § 1910.1030(b)). Other potentially infectious materials Includes human body fluids such as semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any bodily fluid that is visibly contaminated with blood, and all bodily fluids in situations where it is difficult or impossible to differentiate between bodily fluids¾ any unfixed tissue or organ (other than intact skin) from a human (living or dead) and HIVcontaining cell or tissue cultures, organ cultures and HIV or HBVcontaining culture medium or other solutions¾ and blood, organs or other tissues from experimental animals infected with HIV or HBV (29 CFR § 1910.1030(b)). Communicable Diseases - 500 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Communicable Diseases 1016.2 PROCEDURES FOR CONTACT WITH BLOOD OR BODILY FLUIDS All Department personnel who may be involved in providing emergency medical care or who come in contact with another person's blood or bodily fluids during an altercation or while attending to any injured person) shall follow these procedures and guidelines. 1016.2.1 EXPOSURE CONTROL OFFICER The Chief of Police will assign a person as the Department's Exposure Control Officer (ECO). The ECO shall be responsible for the following: The overall management of the bloodborne Exposure Control Plan (ECP). The ECO will work with management to develop and administer any additional related policies and practices necessary to support the effective implementation of this plan and remain current on all legal requirements concerning bloodborne pathogens and other communicable diseases. The ECO will conduct program audits to maintain a current ECP. The ECO will maintain a current list of police personnel requiring training, will develop and implement a training program, maintain class rosters and quizzes and periodically review the training program. The ECO will review and update the ECP annually (on or before January 1 of each year). Department supervisors are responsible for exposure control in their respective areas. They shall work directly with the ECO and the affected employees to ensure that the proper exposure control procedures are followed. 1016.2.2 UNIVERSAL PRECAUTIONS All human blood and bodily fluids, such as saliva, urine, semen and vaginal secretions, are to be treated as if they are known to be infectious. Where it is not possible to distinguish between bodily fluid types, all bodily fluids are to be assumed potentially infectious. 1016.2.3 PERSONAL PROTECTIVE EQUIPMENT Personal protective equipment is the last line of defense against communicable disease. Therefore, the following equipment is provided for all personnel to assist in the protection against such exposures: Not less than two pair of disposable latex/nitrile gloves (keeping a box in the car is recommended) Safety glasses or goggles NIOSH N95 particulate respirator with a one-way valve Alcohol, or similar substance, to flush skin at emergency site Keeping alcohol hand wipes in the car is recommended The protective equipment is to be kept in each police vehicle, inspected at the start of each shift and replaced immediately upon returning to the station if it has been used or damaged during the shift, or is otherwise in need of replacement. Communicable Diseases - 501 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Communicable Diseases 1016.2.4 IMMUNIZATIONS All Department personnel who, in the line of duty, respond to emergency medical calls or may be exposed to or have contact with a communicable disease shall be offered appropriate immunization treatment. 1016.2.5 WORK PRACTICES All personnel shall use the appropriate barrier precautions to prevent skin and mucous membrane exposure whenever contact with blood or bodily fluid is anticipated. Disposable gloves shall be worn on all medical emergency responses. Disposable gloves should be worn before making physical contact with any patient and/or when handling items evidence, transportation vehicle) soiled with blood or other bodily fluids. Should one's disposable gloves become contaminated with blood or other bodily fluids, the gloves shall be disposed of as contaminated waste. Care should be taken to avoid touching other items pens, books and personal items in general) while wearing the disposable gloves in a potentially contaminated environment. All procedures involving blood or other potentially infectious materials shall be done in a way to minimize splashing, spraying or otherwise generating droplets of those materials. Eating, drinking, smoking, applying lip balm and handling contact lenses shall be prohibited in areas where a potential for an exposure exists. 1016.2.6 TRAINING REQUIREMENTS All employees shall participate in occupational exposure training commensurate with the requirements of their position. The training shall be provided: At the time of initial assignment to tasks where an occupational exposure may take place. At least annually after the initial training. Whenever the employee is assigned new tasks or procedures affecting their potential exposure to communicable disease. The occupational exposure training should meet the minimum standards set by state and federal regulations (29 CFR § 1910.1030(g)(2)(vii)). 1016.3 DISPOSAL AND DECONTAMINATION The following procedures will apply to the disposal or decontamination of equipment or personnel after responding to an event that involved contact with a person's blood or bodily fluids. 1016.3.1 USE OF BIOHAZARD WASTE CONTAINERS Officers shall dispose of biohazards with the on scene fire response vehicle or ambulance, at the attending clinic or hospital with its approval or in an appropriately marked biohazard waste container immediately upon arrival. The biohazard waste container shall be collapsible, leakproof, red and appropriately labeled with a biohazard warning, and routinely emptied. Communicable Diseases - 502 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Communicable Diseases 1016.3.2 DECONTAMINATION OF SKIN AND MUCOUS MEMBRANES Personnel shall immediately wash their hands either while on-scene or as soon as practicable following the removal of potentially contaminated gloves. Antibacterial soap and warm water or an approved disinfectant shall be used to wash one's hands, paying particular attention to the fingernails. If an employee's intact skin contacts someone else's blood or bodily fluids or other potentially infectious materials, the employee shall immediately wash the exposed part of their body with soap and warm water and/or an approved disinfectant, as soon as possible. If the skin becomes grossly contaminated, body washing shall be followed by an approved hospital strength disinfectant wash or rinse. If large areas of the employee's skin are contaminated, the employee shall shower as soon as reasonably possible, using warm water and soap and/or an approved disinfectant. Medical treatment should be obtained. Contaminated non-intact skin injured skin, open wound) shall be cleaned using an approved disinfectant and then dressed or bandaged as required. Medical treatment is required. All hand, skin and mucous membrane washing that takes place in the station shall be done in the designated cleaning or decontamination area. Cleaning shall not be done in the kitchen, bathrooms or other locations not designated as a cleaning or decontamination area. 1016.3.3 SHARPS AND ITEMS THAT CUT OR PUNCTURE All personnel shall avoid using or holding sharps needles, blades) unless they are needed to assist a paramedic or are being collected for evidence. Unless required for evidentiary reasons related to evidence preservation, employees are not to recap sharps. If recapping is necessary, a one-handed method shall be employed to avoid a finger prick. Disposal, when practicable, shall be into a puncture-proof biohazard container. All sharps and items that cut or puncture broken glass, razors and knives) shall be treated cautiously to avoid cutting, stabbing or puncturing one's self or any other person. If a sharp object contains known or suspected blood or other bodily fluids, that item is to be treated as a contaminated item. If the item is not evidence, touching it with the hands shall be avoided. Use a device, such as tongs or a broom and a dustpan, to clean up debris. If the material must be handheld, protective gloves must be worn. 1016.3.4 DISPOSABLE PROTECTIVE EQUIPMENT Contaminated disposable supplies gloves, dressings, CPR mask) shall be transported with the patient or suspect in the ambulance or police vehicle. The waste material shall then be disposed of in a biohazard waste container at the hospital or police station. Disposable gloves are to be worn while placing the waste into the waste biohazard container, placing the gloves in with the waste when through. 1016.3.5 DECONTAMINATION OF PERSONAL PROTECTIVE EQUIPMENT After using any reusable personal protective equipment, it shall be washed or disinfected and stored appropriately. If the personal protective equipment is not reusable disposable gloves), it shall be discarded in a biohazard waste container as described in this policy. Any personal protective equipment that becomes punctured, torn or loses its integrity, shall be removed as soon as feasible. The employee shall wash up and replace the personal protective equipment if the task has not been completed. If any failure of personal protective Communicable Diseases - 503 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Communicable Diseases equipment results in a contaminated non-intact skin event, decontamination as described in this policy shall be implemented. Contaminated reusable personal protective equipment that must be transported prior to cleaning shall be placed into a biohazard waste bag and transported in the ambulance, paramedic truck or police vehicle. Gloves shall be worn while handling the biohazard waste bag and during placement into the biohazard waste container, and then included in with the waste. 1016.3.6 DECONTAMINATION OF NON-DISPOSABLE EQUIPMENT Contaminated non-disposable equipment flashlight, gun, baton, clothing, portable radio) shall be decontaminated as soon as reasonably possible. If it is to be transported, it shall be done by first placing it into a biohazard waste bag. Grossly contaminated non-disposable equipment items shall be transported to a hospital, fire station or police station for proper cleaning and disinfecting. Porous surfaces, such as nylon bags and straps, shall be brushed and scrubbed with a detergent and hot water, laundered and allowed to dry. Non-porous surfaces plastic or metal) shall be brushed and scrubbed with detergent and hot water, sprayed with a bleach solution, rinsed and allowed to dry. Delicate equipment radios) should be brushed and scrubbed very carefully using a minimal amount of a type of germicide that is approved by the Environmental Protection Agency (EPA). While cleaning equipment, pay close attention to handles, controls, corners, crevices, portable radios and external microphones. Equipment cleaning shall not be done in the kitchen, bathrooms or other areas not designated as the cleaning/decontamination area. Contaminated equipment should be cleaned using an approved EPA germicide or a 1:100 solution of chlorine bleach (one-quarter cup of bleach per one gallon of water) while wearing disposable gloves and goggles. Large particles of contaminants such as vomit, feces and blood clots should first be removed using a disposable towel or other means to prevent direct contact) and then properly disposed. 1016.3.7 DECONTAMINATION OF CLOTHING Contaminated clothing such as uniforms and undergarments shall be removed as soon as feasible and rinsed in cold water to prevent the setting of bloodstains. If the clothing may be washed in soap and hot water, do so as soon as possible. If the clothing must be dry-cleaned, place it in a biohazard waste bag and give it to the ECO. The ECO will secure a dry cleaner that is capable of cleaning contaminated clothing and will inform them of the potential contamination. This dry cleaning will be done at the Department's expense. Contaminated leather boots shall be brushed and scrubbed with detergent and hot water. If the contaminant soaked through the boot, the boot shall be discarded. 1016.3.8 DECONTAMINATION OF VEHICLES Contaminated vehicles and components, such as the seats, radios and doors, shall be washed with soap and warm water and disinfected with an approved germicide as soon as feasible. 1016.3.9 DECONTAMINATION STATION AND CLEANING AREA The ECO shall designate a location at the station that will serve as the area for cleaning/decontamination. This area is to be used to keep equipment clean and sanitary Communicable Diseases - 504 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Communicable Diseases and for the employees to wash any potential contamination from their bodies. This area is to be thoroughly cleaned after each use and maintained in a clean and sanitary order at all times. The application of cosmetics, smoking cigarettes, consuming food and drink are prohibited in this designated area at all times. 1016.4 POST-EXPOSURE REPORTING AND FOLLOW-UP REQUIREMENTS In actual or suspected exposure incidents, proper documentation and follow-up action must occur to limit potential liabilities and ensure the best protection and care for the employee. 1016.4.1 EMPLOYEE DUTY TO REPORT EXPOSURE In order to provide appropriate and timely treatment should exposure occur, all employees shall verbally report the exposure to their immediate supervisor and complete a written exposure report as soon as possible following the exposure or suspected exposure. The report shall be submitted to the employee's immediate supervisor. Employees should document in the exposure report whether they would like the person who was the source of the exposure to be tested for communicable diseases. 1016.4.2 SUPERVISOR REPORTING REQUIREMENTS The supervisor on-duty shall investigate every exposure that occurs as soon as reasonably possible following the incident, while gathering the following information: Name and social security number of the employee exposed Date and time of incident Location of incident The potentially infectious materials involved Source of material or person Current location of material or person Work being done during exposure How the incident occurred or was caused PPE in use at the time of the incident Actions taken post-event cleanup and notifications) The supervisor shall advise the employee of the laws and regulations concerning disclosure of the identity and infectious status of a source. If the ECO is unavailable to seek testing of the person who was the source of the exposure, it is the responsibility of the exposed member's supervisor to ensure testing is sought. 1016.4.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT Any employee who was exposed or suspects they were exposed to a communicable disease shall be seen by a physician (or qualified health care provider) as soon as reasonably possible. The doctor or qualified health care provider should be provided the supervisor's report and the employee's medical records relevant to the visit and examination. The employee shall be made aware of the laws and regulations concerning disclosure of the identity and infectious status of a source. If possible, the exposed employee will be informed of the source's test results. Communicable Diseases - 505 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Communicable Diseases The health care professional shall provide the ECO and/or the City's Risk Manager with a written opinion/evaluation of the exposed employee's situation. This opinion shall only contain the following information: If a post-exposure treatment is indicated for the employee If the employee received a post-exposure treatment Confirmation that the employee received the evaluation results Confirmation that the employee was informed of any medical condition resulting from the exposure incident that will require further treatment or evaluation Whether communicable disease testing from the source is warranted, and if so, the possible diseases to be tested All other findings or diagnosis shall remain confidential and are not to be included in the written report. 1016.4.4 COUNSELING The Department shall provide the exposed employee, and their family if necessary, the opportunity for counseling and consultation. 1016.4.5 CONFIDENTIALITY OF REPORTS Most of the information involved in the process must remain confidential. The ECO shall ensure that all records and reports are kept confidential. The ECO shall be responsible for maintaining records containing the employee's treatment status and the results of examinations, medical testing and follow-up procedures that took place as a result of an exposure. The City Risk Manager shall be responsible for maintaining the name and social security number of the employee and copies of any information provided to the consulting health care professional as a result of an exposure. This information is confidential and shall not be disclosed to anyone without the employee's written consent, except as required by law. Test results from persons who may have been the source of an exposure are to be kept confidential as well. 1016.5 SOURCE TESTING Testing for communicable diseases of a person who was the source of an exposure to an employee of this Department should be sought when it is desired by the Department member or otherwise appropriate. It is the responsibility of the ECO to ensure the proper testing and reporting occur. These methods include: Obtaining voluntary consent that covers testing for any communicable disease from any person who may be the source of an exposure. Determining if the source person is compelled to submit to testing under any lawful provision. Filing a report with the county health officer when an employee is exposed. The county health officer may assist in pursuing testing on the City's behalf. Applying for a court order to compel testing of the source person. Communicable Diseases - 506 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Communicable Diseases 1016.5.1 EXPOSURE FROM A NON-ARRESTEE Upon notification of an employee's exposure to a person who was not arrested, the ECO should attempt to determine if the person who was the source of the exposure will voluntarily consent to testing. If consent is indicated, the following steps should be taken: A licensed health care provider should notify the person to be tested of the exposure and make a good faith effort to obtain voluntary informed consent from the person or his/her authorized legal representative to perform a test for HIV, hepatitis B, hepatitis C and other communicable diseases the health care provider deems appropriate. The voluntary informed consent obtained by the health care provider must be in writing and include consent for specimens of blood for testing. The ECO should document the consent as a supplement to the Exposure Control Report. The result of the tests should be made available to the source and the exposed employee. If consent is not obtained, the ECO should consult with the City Attorney and consider requesting that a court order be sought for appropriate testing. 1016.5.2 EXPOSURE FROM AN ARRESTEE Upon notification of an exposure to an employee by a person who was arrested, the ECO should take the following steps: Seek consent from the person who was the source of the exposure and seek a court order if consent is not given. Take reasonable steps to immediately contact the county health officer and provide preliminary information regarding the circumstances of the exposure and the status of the involved individuals to determine whether the county health officer can order testing. In all cases, comply with the reporting and testing schemes required by law. This includes completing state or county forms as required by the end of the employee's shift. If submission by the end of the shift is not practicable, it must occur as soon as possible but no later than two days after the incident. Remain in contact with the county health officer to determine whether testing of the arrestee will occur and whether the testing satisfies the medical needs of the employee. The results of the tests should be made available to the donor and the exposed employee. Communicable Diseases - 507 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1018 Brighton Police Department Policy Manual Smoking and Tobacco Use Policy 1018.1 PURPOSE AND SCOPE This policy establishes limitations on the use of tobacco products by employees and others while on-duty or while in Brighton Police Department facilities or vehicles. 1018.2 POLICY The Brighton Police Department recognizes that tobacco use is a health risk and can be offensive to other employees and to the public. It is the policy of the Brighton Police Department to prohibit the visible use of tobacco by employees while in the view of the public. 1018.3 EMPLOYEE USE The visible use of tobacco by employees is prohibited anytime employees are in public view representing the Department. Smoking is not permitted inside any City facility, office or vehicle. It shall be the responsibility of each employee to ensure that no person under their supervision smokes or visibly uses any tobacco product inside City facilities and vehicles. 1018.4 ADDITIONAL PROHIBITIONS No employee shall smoke tobacco products within 15 feet of an of any City building (CRS § 25-14-204 and Municipal Code 8-44-80). Smoking and Tobacco Use Policy - 508 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1020 Brighton Police Department Policy Manual Personnel Complaints 1020.1 PURPOSE AND SCOPE The purpose of this procedure is to provide guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members and employees of this Department. The goal of this procedure is to ensure that the integrity of the Department is maintained through an internal system where objectivity, fairness, and justice are assured by intensive, impartial invesigation and review. All employees will receive updated copies of this policy whenever changes are published. This will normally occur when an updated policy manual is published and made available to members of the Department. The Department investigates all complaints alleging a violation of law and other complaints as directed by the Chief of Police. 1020.1.1 DEFINITIONS Personnel complaints consist of any allegation of misconduct or improper job performance against any department employee that, if true, would constitute a violation of department policy, federal, state or local law. Misconduct allegations or complaints may be generated internally or by the public. Inquiries about employee conduct or performance that, if true, would not qualify as a violation may be handled informally by a Department supervisor and shall not be considered a complaint. These may generally include clarifications regarding policy, procedures or the Department's response to specific incidents. Personnel complaints shall be classified in one of the following categories: Informal - A matter in which the complaining party is satisfied that appropriate action has been taken by a Department supervisor of rank greater than the accused employee. Informal complaints need not be documented on a personnel complaint form and the responsible supervisor shall have the discretion to handle the complaint in any manner consistent with this policy. Formal - A matter in which the complaining party requests further investigation or which a Department supervisor determines that further action is warranted. Such complaints may be investigated by a Department supervisor of a rank greater than the accused employee or referred to the Professional Standards Unit depending on the seriousness and complexity of the investigation as directed by the Chief of Police. Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or the Professional Standards Unit, such matters need not be documented as personnel complaints, but may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. Definitions related to this policy also include: Complainant - A person claiming to be the victim or witness of misconduct by an officer. Personnel Complaints - 509 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Complaints Investigation - An administrative investigation, conducted by the Department, of alleged misconduct by an officer that could result in punitive action. Disciplinary Action - A disciplinary suspension, indefinite suspension, demotion in rank, reprimand, termination or any combination of those actions. Confidentiality- Personnel Complaint investigations should remain confidential and are generally not a matter of public concern. Furthermore, such investigations should not be a matter of concern to non-involved members of the Department. Employees under investigation and those conducting the investigation of alleged misconduct must protect the rights of the aggrieved employee and the Department. Generally, information concerning Personnel Complaint interviews will not be released to the public absent a court order or an order by the Chief of Police. Records- Personnel Complaint investigations records will be maintained in a secure area by the individual responsible for the internal affairs function. 1020.2 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1020.2.1 AVAILABILITY OF PERSONNEL COMPLAINT FORMS Personnel complaint forms will be maintained in a clearly visible location in the public lobby and on the Brighton Police Department website. Forms may also be available at other government offices and facilities. Personnel complaint forms in languages other than English may also be provided as determined necessary or practicable. Each Shift Sergeant shall be responsible for monitoring public satisfaction or inquiries regarding the personnel complaint process and shall forward to the Captain any suggestions for improvement or changes. 1020.2.2 OTHER SOURCES OF COMPLAINTS Complaints will also be accepted from: An employee of this department who becomes aware of alleged misconduct, who shall immediately notify a supervisor. A supervisor receiving a complaint from any source alleging misconduct of an employee which, if true, could result in disciplinary action. Anonymous complaints and third-party complaints should be accepted and investigated to the extent that sufficient information is provided. 1020.2.3 ACCEPTANCE OF COMPLAINTS All formal complaints will be documented. Informal complaints do not need to be documented on a personnel complaint form. All written complaints will be courteously accepted by any employee and given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be filed verbally either in person or by telephoning the Department and will be accepted by any supervisor. If a supervisor is not immediately available to take a verbal complaint, the receiving employee shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact of the complainant, shall complete and submit the personnel complaint form as appropriate. Personnel Complaints - 510 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Complaints Although not required, complainants should be encouraged to file complaints in person so that proper identification, signatures, photographs or physical evidence may be obtained. The following should be considered before taking a complaint: Complaints shall not be prepared unless the alleged misconduct or job performance is of a nature which, if true, would normally result in disciplinary action. When an uninvolved supervisor or the Patrol Sergeant determines that the reporting person is satisfied that his/her complaint required nothing more than an explanation regarding the implementation of Department policy or procedure, a complaint need not be taken. When the complainant is intoxicated to the point where their credibility appears to be unreliable, identifying information should be obtained and the person should be provided with a personnel complaint form to be completed and submitted at a later time. However, if the intoxicated person insists on filing the complaint, the complaint shall be taken and properly processed. Depending on the urgency and seriousness of the allegations involved, complaints from juveniles should generally be taken only with parents or guardians present and after the parents or guardians have been informed of the circumstances prompting the complaint. 1020.2.4 COMPLAINT DOCUMENTATION When a personnel complaint form is completed in person, the complainant should provide a written, detailed narrative of their complaint. If circumstances indicate that this is not feasible, the complaint may be dictated to the receiving supervisor. In an effort to ensure accuracy in any complaint, it is recommended that a recorded statement be obtained from the reporting party. A refusal by a party to be recorded shall not alone be grounds to refuse to accept a complaint. Whether handwritten or dictated, the complainant's signature should be obtained at the conclusion of the statement. The complainant should be provided with a copy of their original personnel complaint. Formal complaints of alleged misconduct that are not reported in person shall be documented by a supervisor on a personnel complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. A supervisor shall document informal complaints as a supervisor or Shift Sergeant log entry. 1020.3 SUPERVISOR RESPONSIBILITIES A supervisor who becomes aware of alleged misconduct or receives a formal complaint shall take reasonable steps to prevent aggravation of the situation. In general, the primary responsibility for the investigation of a personnel complaint shall rest with the employee's immediate supervisor, unless the supervisor was involved in or witnessed the alleged incident. The Chief of Police or the authorized designee may, however, direct that another supervisor investigate it. The supervisor shall be responsible for the following: A supervisor receiving a formal complaint involving allegations of a potentially serious nature shall ensure that the appropriate Command Staff member and the Chief of Police are notified as soon as practicable. A supervisor receiving or initiating any formal complaint shall ensure that a personnel complaint form has been completed as fully as possible. The original complaint form will then be directed to the Captain of the accused employee, via the chain of Personnel Complaints - 511 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Complaints command, who will forward a copy of the complaint to the Chief of Police, take any appropriate action, and/or forward the complaint to the Professional Standards Unit for further action. 1. During the preliminary investigation of any complaint, the supervisor should make every reasonable effort to obtain names, addresses and telephone numbers of additional witnesses. 2. When appropriate, immediate medical attention should be provided and photographs of alleged injuries as well as accessible areas of non-injury should be taken. 3. In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the employee's Captain or the Chief of Police, who will initiate appropriate action. A supervisor dealing with an accused employee shall ensure that the procedural rights of the employee are followed pursuant to the personnel policies and established state and federal law. When the nature of a personnel complaint relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination, the supervisor receiving the complaint shall contact the Department of Human Resources and the Chief of Police for direction regarding his role in investigation and/or addressing the complaint. 1020.4 ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature or when circumstances practically dictate that it would impose an unreasonable risk to the Department, the employee, other employees or the public, a supervisor may temporarily assign the accused employee to administrative leave pending completion of the investigation or the filing of administrative charges. 1020.4.1 ADMINISTRATIVE LEAVE GUIDELINES An employee placed on administrative leave may be subject to the following guidelines: An employee placed on administrative leave shall continue to receive regular pay and benefits pending the imposition of any discipline. An employee placed on administrative leave may be required by a supervisor to relinquish any badge, Department identification, assigned weapons and any other Department equipment. An employee placed on administrative leave may be ordered to refrain from taking any action as a Department employee or in an official capacity. The employee shall be required to continue to comply with all policies and lawful orders of a supervisor. An employee placed on administrative leave may be temporarily reassigned to a different shift, generally within normal business hours, during the pendency of the investigation. The employee may be required to remain available for contact at all times during such shift and report as ordered. It shall be the responsibility of the assigning supervisor to notify the employee's Captain and the Chief of Police. Personnel Complaints - 512 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Complaints At such time as any employee placed on administrative leave is returned to full and regular duty, the employee shall be returned to their regularly assigned shift with all badges, identification card and other equipment returned. 1020.5 ALLEGATIONS OF CRIMINAL CONDUCT Where an employee of this Department is accused of potential criminal conduct, an appropriate staff member will be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation and/or any prosecution. The Chief of Police shall be notified as soon as practicable when an employee is formally accused of criminal conduct. In the event of serious criminal allegations, the Chief of Police may request that a criminal investigation by an outside law enforcement or prosecutorial agency be conducted parallel to the administrative investigation. An employee accused of criminal conduct shall be provided with all rights and privileges afforded to a civilian under the state and federal constitutions and the employee may not be administratively ordered to provide any information to a criminal investigator. No information or evidence administratively compelled from an employee may be provided to a criminal investigator. Any law enforcement agency is authorized to release limited information concerning the arrest or detention of a peace officer which has not led to a conviction. However, no disciplinary action, other than paid administrative leave, shall be taken against the accused employee based solely on an arrest or crime report. An independent administrative investigation shall be conducted based upon the allegations in the report in accordance with Department policy. 1020.6 ADMINISTRATIVE INVESTIGATIONS Investigations of a minor nature may be assigned to the employee's supervisor, provided the supervisor was not involved as a witness or was an alleged participant in the incident. More serious complaints will generally be assigned to the Professional Standards Unit for investigation. Whether conducted by a supervisor or an assigned member of the Professional Standards Unit, the following procedures shall be followed with regard to the accused employee: The investigator should not be a person who is the complainant, the ultimate decision-maker regarding disciplinary action or a person who has any personal involvement regarding the alleged misconduct. Not less than 48 hours before an investigator begins an interview to obtain facts and statements, the Department should: 1. Provide the name and rank of the officer in charge of the investigation and the officers who will conduct any interviews. 2. Provide the date, time and place of the interview and the names of all who will be present. 3. Provide the officer a written summary of the alleged misconduct and a description of the nature of the investigation. Interviews of accused employees should be conducted during reasonable work hours of the employee and, if the employee is off-duty, the employee shall be compensated. Personnel Complaints - 513 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Complaints Employees should be given ample time to make necessary arrangements to meet their personal or professional obligations. Off-duty interviews should only be conducted based on the seriousness of the investigation and other factors when time is of the essence. An investigator should not interview an officer at that person's home without the officer's prior permission. No more than two interviewers should ask questions of an accused employee to prevent confusion or misunderstandings. All interviews shall be for a reasonable period or duration at an appropriate location and the employee's personal needs shall be accommodated. No employee shall be subjected to offensive or threatening language nor shall any promises, rewards or other inducements be used to obtain answers. The employee will be advised of their administrative rights. Any employee refusing to answer questions directly related to the investigation may be ordered to answer questions administratively or be subject to discipline for insubordination. Nothing administratively ordered may be provided to a criminal investigator. Absent circumstances preventing it, the interviewer should record all interviews of employees and witnesses. The employee under investigation may also record their own interview. If the employee has been previously interviewed, a copy of that recorded interview should be provided to the employee prior to any subsequent interview. Additionally, the employee under investigation may request audio copies and/or a transcription of their own interview. All recordings are to be kept confidential. If the allegations do not involve potential criminal conduct, the employee will be advised of their administrative and/or Garrity rights If the allegations involve potential criminal conduct, the employee shall be advised of their constitutional rights. This admonishment shall be given administratively, regardless of whether the employee was advised of these rights during any separate criminal investigation. An employee subjected to interviews that could result in punitive action shall have the right to have a representative of their choosing during any interrogation. However, in order to maintain the integrity of each individual employee's statement, involved employees shall not consult or meet with representatives or attorneys collectively or in groups prior to being interviewed. All employees shall provide complete and truthful responses to questions posed during interviews. An employee may not be compelled to submit to a deception detection device examination unless so directed by the Chief of Police. Within three days after assignment, the complainant should be informed of the handling investigator's name and the complaint number. Interviews of the complainant should be conducted during reasonable hours. 1020.6.1 ADMINISTRATIVE SEARCHES Any employee may be compelled to disclose personal financial information pursuant to proper legal process if such information tends to indicate a conflict of interest with official duties, if the employee is assigned to or being considered for a special assignment, or to determine if the employee is engaged in unlawful activity. Personnel Complaints - 514 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Complaints Employees shall have no expectation of privacy when using telephones, computers, radios or other communications provided by the Department. Assigned lockers and storage spaces should only be administratively searched in the employee's presence, with the employee's consent, with a valid search warrant or where the employee has been given reasonable notice that the search will take place. All other Department areas desks, office space and assigned vehicles) may be administratively searched by a supervisor, in the presence of an uninvolved witness, for non-investigative purposes obtaining a needed report or radio). An investigative search of such areas shall only be conducted upon a reasonable suspicion that official misconduct is involved. 1020.6.2 ADMINISTRATIVE INVESTIGATION REPORT FORMAT Investigations of personnel complaints shall be detailed, complete and essentially follow this report format: Introduction - Include the identity of the employee, the identity of the assigned investigators, the initial date and source of the complaint. Synopsis - Provide a very brief summary of the facts giving rise to the investigation. Summary of allegations - List the allegations separately, including applicable policy sections, with a very brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation. Evidence as to each allegation - Each allegation should be set forth with the details of the evidence applicable to each allegation and include comprehensive summaries of employee and witness statements. Other evidence related to each allegation should also be detailed in this section. Conclusion - A recommendation regarding further action or disposition should be provided. Exhibits - A separate list of exhibits recordings, photos and documents) should be attached to the report. 1020.7 DISPOSITION OF PERSONNEL COMPLAINTS Each allegation shall be classified with one of the following dispositions based on a finding of fact and considering the totality of circumstances: Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve Department personnel. Complaints that are determined to be frivolous will fall within the classification of unfounded. Exonerated - When the investigation discloses that the alleged act occurred, but that the act was justified, lawful and/or proper. Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the employee. Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. Evidence in a sustained complaint will be weighed by a preponderance of the factual evidence. Personnel Complaints - 515 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Complaints If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. 1020.8 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint shall proceed with due diligence. Recognizing that factors such as witness availability and the complexity of allegations will affect each case, every effort should be made to complete each investigation and impose any disciplinary action within a reasonable period following receipt. Investigations should be completed within three months of the date the department becomes aware of the allegation. The Chief of Police may extend the period to six months if the investigation reasonably requires such an extension. Should additional time be required, a written request should be made to the Chief of Police, generally 30 days before the end of the period, requesting an extension. A request for extension should include the reason for the request and the completion date requested. Such a request must be approved by the Chief of Police or the authorized designee in writing and a copy provided to the accused employee. If the nature of the allegation dictates that confidentiality is necessary to maintain the integrity of the investigation, the involved employees need not be notified of the pending investigation unless and until the employee is interviewed or formally charged. Upon completion, the report should be forwarded to the Chief of Police through the chain of command of the involved employee. Each level of command should review and include their comments in writing before forwarding the report. The Chief of Police may accept or modify the classification and recommendation for disciplinary action contained in the report. Within 30 days of the final review by the Chief of Police, written notice of the findings shall be sent to the complaining party. This notice shall indicate the findings but will not disclose the amount of discipline, if any, that was imposed. The complaining party should also be provided with a copy of their original complaint. Any complaining party who is not satisfied with the findings may contact the Department or the authorized designee to discuss the matter further. 1020.8.1 WITHDRAWN COMPLAINTS If the complainant withdraws their complaint or refuses to further cooperate with the administrative investigation, then the investigation may be closed as incomplete and assigned an appropriate disposition. If the nature of the allegations can be sufficiently determined without the assistance of the complainant, then the investigation will proceed and be completed as normal and assigned an appropriate disposition. 1020.9 CONFIDENTIALITY OF PERSONNEL FILES All investigations of personnel complaints shall be considered confidential and protected employee personnel files. The contents of such files shall not be revealed to anyone other than the involved employee or authorized personnel except pursuant to lawful process. Personnel Complaints - 516 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Complaints In the event that an accused employee, or the representative of such employee, knowingly makes false representations regarding any internal investigation and such false representations are communicated to any media source, the Department may disclose sufficient information from the employee's personnel file to refute such false representations. All records of investigations shall be securely maintained for no less than the 10 years required by the state records retention schedule and for any additional period required by the organization's records retention schedule. 1020.9.1 SUSTAINED COMPLAINTS Following the completion of an investigation of misconduct, the employee will be notified of the findings. Before being placed in the employee's file, the employee will have an opportunity to read and initial the comment or document. If the employee submits a written response, the response will be attached to the comment or document. The employee will receive a copy of any comment or document placed in the employee's file. A copy of the disposition of the allegation of misconduct and a copy of the notice or adjudication of any punitive or remedial action will be the only documents related to the investigation which will be placed in the employee's file. If punitive action is taken, the employee or a representative authorized by the employee may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the department that relates to the investigation, including any recordings, notes, transcripts of interviews and documents. Sustained complaints shall be maintained in the employee's personnel file for the prescribed period. Complaints that are unfounded, exonerated or not sustained shall be maintained by the Professional Standards Unit apart from the employee's personnel file, in a file created for this purpose. 1020.9.2 REMOVAL OF A COMPLAINT Upon request, an employee may review any of their own administrative files that does not relate to a current investigation. If an employee identifies a complaint or allegation that should be removed from their personnel file because either the time period has expired or it is an improper document, the employee will write a memorandum specifically asking for the item to be removed and the reasons for removal. Personnel Complaints - 517 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1022 Brighton Police Department Policy Manual Seat Belt Procedures 1022.1 PURPOSE AND SCOPE The use of seat belts and other safety restraints significantly reduces the chance of death or injury in case of a traffic collision. This policy establishes guidelines for seat belt and child safety seat use to promote maximum operator and passenger safety, thus reducing the possibility of death or injury as the result of a motor vehicle collision. This policy will apply to all employees operating or riding in Department vehicles. 1022.1.1 DEFINITIONS Definitions related to this policy include: Child restraint system A specially designed seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system that meets Federal Motor Vehicle Safety Standards and Regulations set forth in 49 CFR 571 (CRS § 42-4-236). Safety belt system A system utilizing a lap belt, a shoulder belt or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, and that conforms to Federal Motor Vehicle Safety Standards and Regulations (CRS § 42-4-237(1)(b)). 1022.2 WEARING OF SAFETY RESTRAINTS All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this department while on- or off-duty or when in any privately owned vehicle while on-duty. The member driving such a vehicle shall ensure that all other occupants, including non-members, are also properly restrained. Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the member or the public. Members must be prepared to justify any deviation from this requirement. 1022.2.1 TRANSPORTING CHILDREN An approved child restraint system should be used for all children younger than 8 years of age (CRS § 42-4-236(2)). Rear seat passengers in a cage-equipped vehicle may have reduced clearance that requires careful seating and positioning of seat belts. Due to this reduced clearance, children and the child passenger safety seat system or booster seat should be secured properly in the front seat of these vehicles, provided this positioning meets the vehicle and the child passenger safety seat system manufacturer's design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the passenger side air bag should be deactivated. If this is not possible, officers should consider arranging alternative transportation. Seat Belt Procedures - 518 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Seat Belt Procedures 1022.3 TRANSPORTING PRISONERS Prisoners should be secured in the prisoner restraint system in the rear seat of the patrol vehicle or by seat belts when a prisoner restraint system is not available. The prisoner should be in a seating position for which seat belts have been provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints. 1022.4 INOPERABLE SEAT BELTS No Department vehicle shall be operated if the seat belt in the driver's position is inoperable. No person shall be transported in a seating position in which the seat belt is inoperable. No person shall modify, remove, deactivate or otherwise tamper with the vehicle safety belt system, except for vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police. Employees who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. 1022.5 VEHICLES MANUFACTURED WITHOUT SEAT BELTS Vehicles manufactured and certified for use without seat belts or other restraint systems are subject to the manufacturer's operating requirements for safe use. Seat Belt Procedures - 519 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1024 Brighton Police Department Policy Manual Body Armor 1024.1 PURPOSE AND SCOPE The purpose of this policy is to provide law enforcement officers with guidelines for the proper use of body armor. 1024.2 POLICY It is the policy of the Brighton Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. 1024.3 ISSUANCE OF BODY ARMOR The Support Services supervisor shall ensure that body armor is issued to all officers when the officer begins service at the Brighton Police Department and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. The Support Services supervisor shall establish a body armor replacement schedule and ensure that replacement body armor is issued pursuant to the schedule or whenever the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised. 1024.3.1 USE OF BODY ARMOR Generally, the use of body armor is required subject to the following: Officers shall only wear agency-approved body armor. Officers shall wear body armor anytime they are in a situation where they could reasonably be expected to take enforcement action. Officers may be excused from wearing body armor when they are functioning primarily in an administrative or support capacity and could not reasonably be expected to take enforcement action. Body armor shall be worn when an officer is working in uniform. Body armor may be worn when taking part in Department range training. An officer may be excused from wearing body armor when they are involved in undercover or plainclothes work that their supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor. 1024.3.2 INSPECTIONS OF BODY ARMOR Supervisors should ensure that body armor is worn and maintained in accordance with this policy through routine observation and periodic documented inspections. Annual inspections of body armor should be conducted by an authorized designee for fit, cleanliness and signs of damage, abuse and wear. Body Armor - 520 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Body Armor 1024.3.3 CARE AND MAINTENANCE OF BODY ARMOR Body armor should never be stored for any period of time in an area where environmental conditions temperature, light, humidity) are not reasonably controlled normal ambient room temperature/humidity conditions), such as in automobiles or automobile trunks. Body armor should be cared for and cleaned pursuant to the manufacturer's care instructions provided with the soft body armor. The instructions can be found on labels located on the external surface of each ballistic panel. The carrier should also have a label that contains care instructions. Failure to follow these instructions may damage the ballistic performance capabilities of the armor. If care instructions for the body armor cannot be located, contact the manufacturer to request care instructions. Body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer, as noted on the armor panel label. Body armor should be replaced in accordance with the manufacturer's recommended replacement schedule. 1024.4 RANGEMASTER RESPONSIBILITIES The Rangemaster should: Monitor technological advances in the body armor industry for any appropriate changes to Department approved body armor. Assess weapons and ammunition currently in use and the suitability of approved body armor to protect against those threats. Provide training that educates officers about the safety benefits of wearing body armor. Body Armor - 521 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1026 Brighton Police Department Policy Manual Personnel Files 1026.1 PURPOSE AND SCOPE This policy governs the maintenance, retention and access to personnel files. It is the policy of the Department to maintain the confidentiality of personnel data in personnel files pursuant to state law CRS § 24-72-204(3)(a)(II)(A)). 1026.2 DEFINITIONS Definitions related to this policy include: Department file - Any file which is maintained in the office of the Chief of Police or the authorized designee or by the Department of Human Resources as a permanent record of a member's employment with this department. Division file - Any file that is separately maintained internally by an employee's supervisor within an assigned division for the purpose of completing timely performance evaluations. Internal Affairs file - Any file which contains complaints of employee misconduct, and all materials relating to the investigation into such allegations, regardless of disposition. Medical file - That file which is maintained separately and that exclusively contains material relating to an employee's medical history. Personnel file - Any file, including a Department, Division, supervisor, training, Internal Affairs or medical file, of an employee containing information about the employee maintained because of the employer-employee relationship (CRS § 24-72-202(4.5)). Supervisor log entries - Any written comment, excluding actual performance evaluations, made by a supervisor concerning the conduct of an employee of this department. Training file - Any file which documents the training records of an employee. 1026.3 TYPES, LOCATION AND MAINTENANCE OF PERSONNEL FILES The Department may maintain a personnel file on an employee for the Department use. 1026.3.1 DEPARTMENT FILE The Department file should contain at least the following: Personal data, including marital status, family members, educational and employment history or similar information Election of employee benefits A photograph of the employee Personnel action reports reflecting assignments, promotions and other changes in the employee's employment status Performance evaluation reports regularly completed by the appropriate supervisor and signed by the affected employee shall be permanently maintained and a copy provided to the employee. Personnel Files - 522 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Files Records of all training (original or photocopies of available certificates, transcripts, diplomas and other documentation) and education will be kept in a separate Training File. 1. It shall be the responsibility of the involved employee to provide the Professional Standards Unit or immediate supervisor with evidence of completed training/education in a timely manner. 2. The Professional Standards Unit or supervisor shall ensure that copies of such training records are placed in the employee's Department file. Records of disciplinary action. 1. Records shall be maintained in the individual employee's Department file at least four years and as otherwise required by the current records retention schedule. 2. Investigations of complaints that result in a finding of not sustained, unfounded or exonerated should not be placed in the employee's Department file, but should be separately maintained for the appropriate retention period in the Internal Affairs file as required by the current records retention schedule. 3. Documents or records related to discipline which have been entirely overturned on appeal shall not be maintained in the employee's Department file, but will be separately maintained for the period required by the current records retention schedule. Documents reflecting any commendation, congratulation or honor bestowed on an employee by a member of the public or by the Department for an action, duty or activity that relates to official duties. These documents should be retained in the employee's Department file, with a copy provided to the involved employee. 1026.3.2 DIVISION FILE The Division file should contain, but is not limited to: Supervisor log entries, notices to correct and other materials intended to assist the supervisor in the completion of timely performance evaluations. 1. Once the permanent performance evaluation form has been made final, the underlying foundational material and/or duplicate copies may be purged in accordance with the current records retention schedule. A record of a supervisory intervention procedure or a policy and procedure inquiry regarding an officer. 1026.3.3 INTERNAL AFFAIRS FILE The Internal Affairs file shall be maintained under the exclusive control of the Professional Standards Unit in conjunction with the office of the Chief of Police. Access to these files may only be approved by the Chief of Police or the supervisor of the Professional Standards Unit. These files shall contain the complete investigation of all formal complaints of employee misconduct regardless of disposition. Each investigation file shall be sequentially numbered within a calendar year YY-001, YY-002), with an alphabetically arranged index cross-referenced for each involved employee. Each investigation file arising out of a formal citizen's complaint or a complaint involving discriminatory harassment or hostile work environment shall be kept no less than four years and as otherwise required by the current records retention schedule. Personnel Files - 523 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Files 1026.3.4 TRAINING FILES An individual training file shall be maintained by the Professional Standards Unit for each employee. Training files will contain records of all training and education mandated by law or the Department, including firearms qualifications and mandated annual proficiency requalification. It shall be the responsibility of the involved employee to provide the Professional Standards Unit or immediate supervisor with evidence of completed training/education in a timely manner. The Professional Standards Unit or supervisor shall ensure that copies of such training records are placed in the employee's training file. 1026.3.5 CONFIDENTIAL MEDICAL FILE A confidential medical file shall be maintained separately from all other files and shall contain all documents relating to the employee's medical condition and history. No medical information shall be kept outside the medical file. Medical file contents should include, but are not limited to: Materials relating to medical leaves of absence. Documents relating to workers' compensation claims or receipt of short- or long-term disability benefits. Fitness-for-duty examinations, and physical examinations, follow-up inquiries and related documents. Medical release forms, doctor's slips and attendance records that reveal an employee's medical condition. Any other documents or material that reveal the employee's medical history or medical condition, including past, present or anticipated mental, or physical limitations. 1026.4 CONFIDENTIALITY OF ALL PERSONNEL FILES Personnel files are private and confidential and may be exempt from disclosure. A request to release, inspect or copy a personnel record shall be forwarded to legal counsel for review and a decision regarding the action to be taken. The person requesting this type of record shall be informed in writing that their request involves records that are believed to be restricted from release, inspection or copying, and that the request is being reviewed by legal counsel to ensure that exempt, protected or restricted information is not improperly released. Nothing in this section is intended to preclude review of personnel files by the Director of Human Resources, an employee's supervisor or manager, members of an authorized review board reviewing conduct of the employee, the City Manager, the City Attorney or other attorneys or representatives of the City in connection with official business. 1026.5 REQUESTS FOR DISCLOSURE Only written requests for the disclosure of any data contained in any personnel record will be considered. All such requests will be forwarded to the City Human Resources Department for their further action. Personnel Files - 524 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personnel Files 1026.5.1 RELEASE OF CONFIDENTIAL INFORMATION No employee of this department may disclose private or confidential data without the written consent of the affected employee or written authorization of the Chief of Police or the authorized designee, except as provided by this policy, pursuant to lawful process and pursuant to state law or court order. Any person who willfully and knowingly discloses confidential information contained in a personnel file, including but not limited to, an officer's home address or telephone number may be guilty of a crime (CRS § 24-72-206). 1026.6 EMPLOYEE ACCESS TO THEIR OWN PERSONNEL FILE Upon request, an employee may review their personnel file, except for letters of reference concerning employment, licensing or issuance of permits regarding the employee (CRS § 24-72-204(3)). Employees may be restricted from accessing files containing any of the following information: Ongoing Internal Affairs investigations to the extent that it could jeopardize or compromise the investigation, pending final disposition or notice to the employee of the intent to discipline. Confidential portions of Internal Affairs files that have not been sustained against the employee. Criminal investigations involving the employee. 1026.7 PURGING OF FILES Data in personnel files not related to pending litigation or other ongoing legal proceedings may be purged from respective Department files once the required records retention period has been met. Each supervisor responsible for completing the employee's performance evaluation shall also determine whether any prior sustained disciplinary file should be retained beyond the statutory period for reasons other than pending litigation or other ongoing legal proceedings. If a supervisor determines that records of prior discipline should be retained beyond the applicable statutory period, approval for such retention shall be obtained through the chain of command from the Chief of Police. During the preparation of each employee's performance evaluation, all complaints and discipline should be reviewed to determine the relevancy, if any, to progressive discipline or training and career development. If, in the opinion of the Chief of Police or the authorized designee, a complaint or disciplinary action beyond the statutory retention period is no longer relevant, all records of such matter may be destroyed pursuant to the current records retention schedule. Personnel Files - 525 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1028 Brighton Police Department Policy Manual Request for Change of Assignment 1028.1 PURPOSE AND SCOPE It is the intent of the Department that all requests for change of assignment are considered equally. To facilitate the selection process, the following procedure is established whereby all such requests will be reviewed on an equal basis as assignments are made. 1028.2 PROCEDURES Personnel wishing a change of assignment are to complete a memorandum requesting a change of assignment. The memo should then be forwarded through the chain of command to the appropriate Captain. 1028.3 SUPERVISOR'S COMMENTARY The officer's immediate supervisor shall make appropriate comments on an attached memo and forward it to the involved employee's Captain or Lieutenant. In the case of patrol officers, the Shift Sergeant should comment on the request with their recommendation before forwarding the request to the Captain. Request for Change of Assignment - 526 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1030 Brighton Police Department Policy Manual Commendations and Awards 1030.1 PURPOSE AND SCOPE The recognition of personal excellence is an important aspect of this Department's activities. Presenting Department awards for exemplary service provides that recognition, thereby enhancing departmental morale, reinforcing the Department's commitment to a high standard of performance by all employees and motivating personnel to perform their duties at the highest possible level. It is the policy of the Brighton Police Department to recognize and reward exemplary service through a Commendation and Awards Program to be administered under the procedures set forth herein. 1030.2 STRUCTURE OF AWARDS PROGRAM The Chief of Police will appoint a Management Advisory Group (MAG) consisting of a team of employees representing a cross-section of departmental ranks and assignments. The MAG Team will receive and evaluate recommendations for formal awards. The Team will determine whether an award should be presented and which award would be appropriate. If a MAG Team member is under consideration for an award, that employee will be excused from that specific award review process. The Chief of Police may appoint an ad hoc employee to the Team to assist with the awards review process. A nomination for a commendation or award may be made by any employee regarding any other employee of the Department. A nomination for a commendation or award may also be made by a member of the public regarding any Department employee. Written recommendations for a citizen's meritorious acts may be made by any member of this department or any member of the public. 1030.2.1 RECOMMENDATION FOR AWARDS Employee Awards Any Department employee may recommend another Department employee for any award. More than one employee may make recommendations jointly. Award recommendations should be presented in a signed memorandum setting forth in detail the circumstances upon which the awards is recommended. The recommendation may be accompanied by any supporting documentation deemed suitable by the nominating person. Documentation may include: Witness statements Photographs Incident Reports Medical reports Reports from other law enforcement agencies Statements from persons familiar with the incident Newspaper articles, and Any other information that could assist in determining the merits of the recommendation Commendations and Awards - 527 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Commendations and Awards All recommendations for awards should be forwarded to the MAG Team through the nominated employee's chain of command. The appropriate supervisor and Command Staff member will review the recommendation and either approve or disapprove the nomination. Letters from citizens commending a Department employee should be forwarded to the employee's supervisor for review. The supervisor may then further action as appropriate. Citizen Awards Any Department employee may nominate any citizen who has provided significant assistance to an employee or the Department. Citizen awards recommendations should be presented in the same manner as employee awards. 1030.2.2 DETERMINATION OF AWARDS All recommendations for Department awards are presented to the MAG Team at the next meeting of the MAG Team. Generally, the MAG Team will meet or as directed by the Chief of Police. If a recommendation for an award requires expedited review, such as in the case of the death or serious injury of an employee, the MAG Team should hold a special meeting to review the recommendation. The MAG Team will meet to examine the circumstances of the recommendation and will review the facts pertinent to the matter. The fact finding process may involve: Hearing witnesses Examining supporting documents Examining reports, and Conducting field investigations to determine the accuracy of the recommendation and information received Upon completion of the fact finding process, the MAG Team will consider the case in closed session and vote upon the recommendation. A majority of the votes of the MAG Team members present shall be sufficient to determine the Team's recommendation. The MAG Team may make any one of the following findings: The matter meets the standard for the award as specified in the recommendation and that the award is approved, or The actions under review justify recognition, but the presentation should be for an award other than that specified in the recommendation, or The facts as currently known do not justify an award at this time. Following the completion of the MAG Team's findings, a written report will be presented to the Chief of Police. The Chief of Police may approve, disapprove or modify the MAG Team's recommendations. Only one award may be presented to an individual for any one act, achievement or period of distinguished service. However, there is no limit to the number of medals, awards, certificates or other recognition that can be awarded to an individual for separate acts. 1030.2.3 AWARD RECORDS AND REPORTS The MAG Team will maintain an Awards File. The file will contain copies of each report of the MAG Team deliberations and actions for each recommendation received. The Awards File may be reviewed by any Department employee. Commendations and Awards - 528 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Commendations and Awards Prior to January 1 of each year, the MAG Team will submit an annual report to the Chief of Police detailing: The number of award recommendations received during the year The total number of awards presented during that year The number of each type of award presented The names of each award recipient 1030.2.4 NOTIFICATION OF AWARDS Generally, Department employees for whom awards have been approved will be notified through the chain of command. The notifications may be made directly by the Chief of Police at his discretion. Citizens who receiving awards should be notified in a similar manner. Notices of all awards will be posted on a Department bulletin board and noted in appropriate documents and publications. When appropriate, a news media release will be made for the local media. All Department awards will be made a matter of record in the employee's personnel file. Awards may be considered for upcoming assignments and promotion events. 1030.2.5 PRESENTATION OF AWARDS Generally, Department awards are presented at a formal ceremony at the direction of the Chief of Police. Letters of Recognition may be presented to the employee by a supervisor, Command Staff or Chief of Police at an appropriate Department event such as a roll call, staff meeting, and other events. Awards presentation at a formal ceremony should be done by the Chief of Police, Command Staff, or other personnel at the direction of the Chief of Police. All Department personnel are encouraged to attend these events. It is important for each recipient's supervisor and Command Staff member to attend these events. The award recipient's family should be invited to attend the formal ceremony. The family should have access to reserved seating where they can have a full view of the presentation. The local news media can be invited to attend the event when presentations of the Medal of Honor, Medal of Valor, Purple Heart and the Life Saving Medal occur. Awards that are given posthumously should be awarded to the appropriate member. Such presentations may occur at a memorial service or funeral as deemed appropriate by the family. Citizen Awards may be presented at a formal ceremony at the direction of the Chief of Police. 1030.2.6 PERSONAL DISPLAY OF AWARDS Medals are not intended for wear on the duty uniform. They may be worn on a dress uniform for formal occasions. Award ribbon bars may be worn on the duty uniform. Award Stars can be worn on a ribbon bar to denote a second or subsequent award of the same type for that ribbon bar. An Award Oak Leaf can be worn on the ribbon bar in place of four Award Stars. Ribbon bars should be maintained in good condition. Commendations and Awards - 529 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Commendations and Awards Only Department authorized medals, ribbons or pins can be worn on the uniform. 1030.2.7 RETIRED OFFICER BADGES AND IDENTIFICATION Officers who officially retire from the Department can be issued a new identification card and badge with the word "RETIRED" displayed along with the last rank held by the employee. Retired officer identification cards and badges do not afford any authority or special privileges except as permitted by established law. 1030.3 EXEMPLARY SERVICE AWARDS Medal of Honor: Awarded to Department employees for an act above and beyond the call of duty that: Involved extreme risk to the life of the recipient. This award will be presented in the form of a medal, a ribbon bar and a plaque. Medal of Valor: Awarded to Department employees for conspicuous gallantry while acting in the line of duty; Presented to officers for acts of exceptional bravery performed at very high risk to their own lives, With full awareness of the danger involved. This award will be presented in the form of a medal, a ribbon bar and a plaque. Life Saving Award: Awarded to Department employees whose actions: Directly contribute to saving or significantly prolonging human life. This award will be presented in the form of a medal, a white ribbon bar and a plaque. Purple Heart Award: Awarded to Department employees for an act in the performance of duty, which: As a result of the actions of a hostile subject inflicts serious bodily injury or death to the recipient, or As a direct result of the actions of an armed subject inflicts bodily injury to the recipient. This award will be presented in the form of a medal, a purple ribbon bar and a plaque. Distinguished Service Award: Awarded to a Department employee for an outstanding accomplishment that has contributed to a more effective and efficient Police Department. This may involve: Improved administration, Improved operations, Substantial cost savings, or other benefits to the Department's mission. This award will be presented in the form of a medal, a red and white ribbon bar and a plaque. Police Employee of the Year: Awarded to a Department employee, whether sworn or non-sworn, who has: Rendered a major community service, or Been exemplified for outstanding devotion to duty, or Commendations and Awards - 530 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Commendations and Awards Established a record of consistently noteworthy job performance, or Has made a significant contribution to the Department or the cause of law enforcement. This award will be presented to employees in the form of a plaque. Police Volunteer of the Year: Awarded to a Department volunteer, whether sworn or non-sworn, who has Rendered a major community service, or Been exemplified for outstanding devotion to duty, or Established a record of consistently noteworthy job performance, or Has made a significant contribution to the Department or the cause of law enforcement. This award will be presented to employees in the form of a plaque. 1030.3.1 COMMENDABLE SERVICE AWARDS Community Policing Award: Awarded to Department employees who distinguish themselves through extraordinary efforts exemplifying the principles of Community Policing. This award will be presented in the form of a ribbon bar and a certificate. Meritorious Service Award: Awarded to Department employees for an act of bravery, meritorious service, unusual attention to duty, outstanding performance of assigned functions or community service which reflects favorably on the Department and/or promotes public safety in the community. This award will be presented in the form of a ribbon bar and a certificate. Command College Completion Award: Awarded to Department employees who successfully complete a major Command College such as the FBI National Academy, the Northwestern School of Police Staff and Command or other courses as recognized and approved by the Chief of Police. This award will be presented in the form of a ribbon bar and a certificate. Certificate of Commendation: Presented in recognition of a high degree of competence and professionalism in the performance of departmental duties. This includes: Exemplary conduct during a field incident or operation Outstanding administrative work Long term excellence in service to the Department The effective handling of a criminal investigation The organization of a new and beneficial departmental program Designing and conducting a course of training, and Commendable participation in any other activity that improves the Department's function or brings credit upon the Department in any way This award will be presented in the form of a certificate. Letter of Recognition: Presented to Department employees who perform their duties with a high degree of professionalism, devotion to duty and dedication to the performance of the Department mission. This award is presented in the form of a letter to the employee signed by the employee's supervisor or Command Staff. Commendations and Awards - 531 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Commendations and Awards Citizen Commendation: Presented to a person who is not a Department employee but who has materially aided the Department or its staff in some way. This includes Assistance in solving a crime The apprehension of criminals Aiding an officer in a critical situation Cooperation with or assistance to the Department in any aspect of Department operations This award will be presented in the form of a plaque, a certificate or a letter. Other Awards: The Department may establish other awards as deemed desirable and as designated by the Chief of Police. Commendations and Awards - 532 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1032 Brighton Police Department Policy Manual Fitness for Duty 1032.1 PURPOSE AND SCOPE All officers are required to be free from any physical, emotional or mental condition that might adversely affect the exercise of peace officer duties. The purpose of this policy is to ensure that all officers of this Department remain fit for duty and able to perform their job functions. 1032.2 EMPLOYEE RESPONSIBILITIES It shall be the responsibility of each member of this Department to maintain good physical condition sufficient to safely and properly perform essential duties of the position. Each member of this department shall perform their respective duties without physical, emotional and/or mental constraints. During working hours, all employees are required to be alert, attentive and capable of performing assigned responsibilities. Any employee who feels unable to perform their duties shall notify a supervisor. In the event that an employee believes that another employee is unable to perform their duties, such observations and/or belief shall be reported to a supervisor. 1032.3 SUPERVISOR RESPONSIBILITIES A supervisor observing an employee, or receiving a report of an employee, who is perceived to be unable to safely perform their duties due to a physical, medical or mental condition shall take prompt and appropriate action in an effort to resolve the situation. Whenever feasible, the supervisor should attempt to ascertain the reason or source of the problem and in all cases a preliminary evaluation should be made to determine the level of inability of the employee to perform their duties. In the event the employee appears to be in need of immediate medical or treatment, all reasonable efforts should be made to provide such care. In conjunction with the Patrol Sergeant or the employee's Captain or Lieutenant, a determination should be made whether the employee should be temporarily relieved from their duties. The Chief of Police shall be notified in the event that any employee is relieved from duty. 1032.4 NON-WORK RELATED CONDITIONS Any employee suffering from a non-work related condition that warrants a temporary relief from duty may be required to use personal leave or other paid time off in order to obtain medical treatment or other reasonable rest period. Fitness for Duty - 533 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Fitness for Duty 1032.5 WORK-RELATED CONDITIONS Any employee suffering from a work-related condition that warrants a temporary relief from duty shall be required to comply with personnel rules and guidelines for processing such claims. Upon the recommendation of the Shift Sergeant or unit supervisor and with the concurrence of a Captain, any employee whose actions or use of force in an official capacity result in death or serious injury to another may be temporarily removed from regularly assigned duties and/or placed on paid administrative leave for the well-being of the employee and until such time as the following may be completed: A preliminary determination that the employee's conduct appears to be in compliance with policy and law. If appropriate, the employee has had the opportunity to receive necessary counseling and/or clearance to return to full duty. 1032.6 PHYSICAL AND EXAMINATIONS Whenever circumstances reasonably indicate that an employee is unfit for duty, the Chief of Police may serve that employee with a written order to undergo a physical and/or examination in cooperation with the Department of Human Resources to determine the level of the employee's fitness for duty. The order shall indicate the date, time and place for the examination. The examining physician or therapist will provide the Department with a report indicating that the employee is either fit for duty or, if not, list any functional limitations that limit the employee's ability to perform job duties. If the employee places their condition at issue in any subsequent or related administrative action or grievance, the examining physician or therapist may be required to disclose any and all information that is relevant to such proceeding. To facilitate the examination of any employee, the Department will provide all appropriate documents and available information to assist in the examination, evaluation and/or treatment. All reports and examinations or evaluations submitted by the treating physician or therapist shall be part of the employee's private medical file. Any employee ordered to receive a fitness-for-duty examination shall comply with the terms of the order and cooperate fully with the examining physician or therapist regarding any clinical interview, tests administered or other procedures as directed. Any failure to comply with such an order and any failure to cooperate with the examining physician or therapist may be deemed insubordination and may subject the employee to discipline, up to and including termination. Once an employee has been deemed fit for duty by the examining physician or therapist, the employee will be notified to resume their duties. If an employee is deemed unfit for duty by the Department, the employee may submit a report from their personal physician, or other health care provider that will be taken into consideration. 1032.7 LIMITATION ON HOURS WORKED Absent emergency operations, members should not work more than: 16 hours in one-day period (24-hour period) 30 hours in any two-day period (48-hour period) Fitness for Duty - 534 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Fitness for Duty 84 hours in any seven-day period (168-hour period) Except in very limited circumstances members should have a minimum of eight hours off between shifts. Supervisors should give consideration to reasonable rest periods and are authorized to deny overtime or relieve to off-duty status any member who has exceeded the above guidelines. Limitations on the number of hours worked apply to shift changes, shift trades, rotation, holdover, training, special events, contract work, general overtime and any other work assignments. 1032.8 ADMINISTRATIVE APPEAL An employee who is separated from paid employment or receives a reduction in salary resulting from a fitness-for-duty examination shall be entitled to an administrative appeal as outlined in the Disciplinary Policy. Fitness for Duty - 535 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1035 Brighton Police Department Policy Manual Lactation Break Policy 1035.1 PURPOSE AND SCOPE The purpose of this policy is to provide reasonable accommodations to employees desiring to express breast milk for the employee's infant child. 1035.2 POLICY It is the policy of this department to provide, in compliance with the Fair Labor and Standards Act and the Colorado Workplace Accommodations for Nursing Mothers Act, reasonable break time and appropriate facilities to accommodate any employee desiring to express breast milk for her nursing child for up to two years after a child's birth (29 USC § 207, CRS § 8-13.5-101 and CRS § 8-13.5-104(1)). 1035.3 LACTATION BREAK TIME Employees wishing to express breast milk for their nursing child shall be permitted to do so during any authorized break. A break period should be permitted each time the employee has the need to express breast milk (29 USC § 207). Such breaks, if feasible, should be taken at the same time as the employee's regularly scheduled break or meal periods. In general, lactation breaks that cumulatively total 30 minutes or less during any four-hour work period or major portion of a four-hour work period are reasonable. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled break time will be considered unpaid. A reasonable period for such break should be consistent with existing law regulating work breaks under the FLSA, which are generally 5 to 20 minutes in duration (29 CFR § 785.18). Employees desiring to take a lactation break shall notify ADCOM or a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt Department operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances. 1035.4 PRIVATE LOCATION The Department will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private. Such room or place should be in close proximity to the employee's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from co-workers and the public (29 USC § 207). The area assigned for this purpose should not be used for storage of any devices, supplies or expressed milk and should be returned to its original state after each use. Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance. Lactation Break Policy - 536 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Lactation Break Policy Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area. 1035.5 STORAGE OF EXPRESSED MILK Any employee storing expressed milk in any authorized refrigerated area within the Department shall clearly label it as such. No expressed milk shall be stored at the Department beyond the employee's shift. Lactation Break Policy - 537 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1036 Brighton Police Department Policy Manual Payroll Procedures 1036.1 PURPOSE AND SCOPE Payroll records are submitted to the Operations Administrative Assistant on a regular basis for the payment of wages. 1036.1.1 RESPONSIBILITY FOR COMPLETION OF PAYROLL RECORDS Employees are responsible for the accurate and timely submission of payroll records for the payment of wages. 1036.1.2 TIME REQUIREMENTS All employees are paid on a regular basis with certain exceptions such as holidays. Payroll records shall be completed and submitted to the appropriate Administrative Assistant no later than 8:00 a.m. on the date that the time sheets are due, unless specified otherwise. Payroll Procedures - 538 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1038 Brighton Police Department Policy Manual Overtime Payment Requests 1038.1 PURPOSE AND SCOPE It is the policy of the Department to compensate nonexempt salaried employees who work authorized overtime either by payment of wages or by the allowance of accrual of compensatory time off. In order to qualify for either, the employee must complete and submit a Request for Overtime Form as soon as practicable after overtime is worked. 1038.1.1 DEPARTMENT POLICY Because of the nature of law enforcement work, and the specific needs of the Department, a degree of flexibility concerning overtime policies must be maintained. Nonexempt employees are not authorized to volunteer work time to the Department. All requests to work overtime shall be approved in advance by a supervisor. If circumstances do not permit prior approval, approval shall be sought as soon as practicable during the overtime shift and in no case later than the end of shift in which the overtime is worked. Short periods of work at the end of the normal duty day less than one hour in duration) may be handled unofficially between the supervisor and the employee by flexing a subsequent shift schedule to compensate for the time worked, rather than by submitting requests for overtime payments. If the supervisor authorizes or directs the employee to complete a request for such a period, the employee shall comply. The individual employee may request compensatory time in lieu of receiving overtime payment. The employee may not exceed the number of hours of compensatory time specified by City policy. 1038.2 REQUEST FOR OVERTIME COMPENSATION Employees shall submit all overtime compensation requests to their immediate supervisors as soon as practicable. Failure to submit a request for overtime compensation in a timely manner may result in discipline. 1038.2.1 EMPLOYEE RESPONSIBILITY Employees shall complete the request immediately after working the overtime and submit it to their immediate supervisor or the Patrol Sergeant. Employees submitting an overtime request for oncall pay when off duty shall submit it to their supervisor the first day after returning to work. 1038.2.2 SUPERVISOR RESPONSIBILITIES The supervisor who verifies the overtime earned shall verify that the overtime was worked before approving the request. After the entry has been made in the employee's payroll record, the overtime payment request will be forwarded to the employee's Captain or Lieutenant for final approval. Overtime Payment Requests - 539 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Overtime Payment Requests 1038.3 ACCOUNTING FOR OVERTIME WORKED Employees are to record the actual time worked in an overtime status. In some cases, City policy provides that a minimum number of hours will be paid, two hours for court). The supervisor will enter the actual time worked. 1038.3.1 ACCOUNTING FOR PORTIONS OF AN HOUR When accounting for less than a full hour, time worked shall be rounded up to the nearest quarter of an hour as indicated by the following chart: TIME WORKED INDICATE ON CARD Up to 15 minutes .25 hour 16 to 30 minutes .50 hour 31 to 45 minutes .75 hour 46 to 60 minutes 1.0 hour 1038.3.2 VARIATION IN TIME REPORTED Where two or more employees are assigned to the same activity, case or court trial, and the amount of time for which payment is requested varies between the two, the Patrol Sergeant or other approving supervisor may require each employee to explain the reason for the variation. Overtime Payment Requests - 540 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1040 Brighton Police Department Policy Manual Outside Employment 1040.1 PURPOSE AND SCOPE To avoid actual or perceived conflicts of interest for Department employees engaging in outside employment, all employees shall initially obtain written approval from the Chief of Police and the City Manager prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Chief of Police and City Manager in accordance with the provisions of established City policy. 1040.1.1 DEFINITIONS Definitions related to this policy include: Outside employment - The employment of any member of this Department who receives wages, compensation or other consideration of value from another employer, organization or individual not affiliated directly with this Department for services, products or benefits rendered. For purposes of this section, the definition of outside employment includes those employees who are self-employed and not affiliated directly with this Department for services, products or benefits rendered. Outside overtime or special event pay - Overtime or special event pay involving any member of this Department who performs duties or services on behalf of an outside organization, company or individual within this jurisdiction on behalf of the Department. Such outside overtime shall be requested, scheduled and paid directly through this Department so that the Department may be reimbursed for the cost of wages and benefits. 1040.2 OBTAINING APPROVAL No member of this Department may engage in any outside employment without first obtaining prior written approval of the Chief of Police. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy is grounds for disciplinary action. To obtain approval for outside employment, the employee must complete an application that shall be submitted to the employee's immediate supervisor. The application will then be forwarded through the appropriate chain of command to the Chief of Police for consideration. If approved, the employee will be provided with a copy of the approved application. Unless otherwise indicated in writing on the approved application, an approved application will be valid through the end of the calendar year in which it is approved. Any employee seeking to continue outside employment shall submit a new application in a timely manner. Any employee seeking approval of outside employment whose application has been denied shall be provided with a written reason for the denial of the application at the time of the denial and within 30 days of the application. 1040.2.1 APPEAL OF DENIAL FOR OUTSIDE EMPLOYMENT If an employee's application is denied or rescinded by the Department, the employee may file a written notice of appeal to the Chief of Police within 10 days of the date of denial. Outside Employment - 541 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Outside Employment If the employee's appeal is denied, the employee may file a grievance pursuant to the Grievance Policy. 1040.2.2 REVOCATION/SUSPENSION OF AN APPROVED OUTSIDE EMPLOYMENT APPLICATION Any approved outside employment application may be revoked or suspended after the employee has received written notification of the reasons for revocation or suspension. Additionally, revocation or suspension will only be implemented after the employee has exhausted the appeal process. The outside employment may be revoked: If an employee's performance declines to a point where it is evaluated by a supervisor as needing improvement to reach an overall level of minimum acceptable competency, and the outside employment may be related to the employee's performance. The Chief of Police may, at his discretion, notify the employee of the intent to revoke any previously approved outside employment application. After the appeal process has concluded, the revocation will remain in force until the employee's performance directly related to the outside employment has been re-established to the minimum level of acceptable competency. If, at any time during the term of an approved outside employment application, an employee's conduct or outside employment conflicts with the provisions of Department policy, or any law. The outside employment creates an actual or apparent conflict of interest with the Department or City. 1040.3 PROHIBITED OUTSIDE EMPLOYMENT The Department expressly reserves the right to deny any application submitted by an employee seeking to engage in any activity that: Involves the employee's use of Department time, facilities, equipment or supplies, the use of the Department badge, uniform, prestige or influence for private gain or advantage. Involves the employee's receipt or acceptance of any money or other consideration from anyone other than this department for the performance of an act that the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment or as a part of the employee's duties as a member of this department. Involves the performance of an act in other than the employee's capacity as a member of this department that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other employee of this department. Involves time demands that would render performance of the employee's duties for this department below minimum standards or would render the employee unavailable for reasonably anticipated overtime assignments and other job-related demands that occur outside regular working hours. Outside Employment - 542 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Outside Employment 1040.3.1 OUTSIDE SECURITY EMPLOYMENT Due to the potential conflict of interest, no member of this Department may engage in any outside or secondary employment as a private security guard, private investigator or other similar private security position. Any private organization, entity or individual seeking special services for security or traffic control from the Department must submit a written request to the Chief of Police in advance of the desired service. Such outside overtime will be monitored by the patrol supervisor. The applicant will be required to enter into a written indemnification agreement prior to approval. The applicant will be required to provide for the compensation and full benefits of all employees requested for such outside security services. If such a request is approved, any employee working outside overtime shall be subject to the following conditions: 1. The officer shall wear the Department uniform/identification. 2. The officer shall be subject to all the rules and regulations of this department. 3. No officer may engage in such outside employment during or at the site of a strike, lockout, picket or other physical demonstration of a labor dispute. 4. Compensation for such approved outside security services shall be pursuant to normal overtime or extra duty procedures. 5. No officer may engage in outside employment as a peace officer for any other public agency without prior written authorization of the Chief of Police. 1040.3.2 ARREST PROCEDURES ON OVERTIME ASSIGNMENT Any employee making an arrest or taking other official law enforcement action while working in an approved outside overtime assignment shall be required to complete all related reports in a timely manner pursuant to Department policy. Time spent on the completion of such reports shall be considered incidental to the outside overtime assignment. 1040.3.3 SPECIAL RESTRICTIONS Except for emergency situations or with prior authorization from the Captain, undercover officers or officers assigned to covert operations shall not be eligible to work overtime or other assignments in a uniformed or other capacity that might reasonably disclose the officer's law enforcement status. 1040.4 DEPARTMENT RESOURCES Employees are prohibited from using any Department equipment or resources in the course of or for the benefit of any outside, non-Department related employment. This shall include the prohibition of access to official records or databases of this Department or other agencies through the use of the employee's position with this Department. 1040.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS If an employee terminates their outside employment during the period of an approved application, the employee shall submit written notification of such termination to the Chief of Police through the appropriate chain of command. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through normal procedures set forth in this policy. Outside Employment - 543 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Outside Employment Employees shall also submit in writing to the Chief of Police any material changes in outside employment including any change in the number of hours, type of duties or demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material shall report the change. 1040.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY OR ADMINISTRATIVE LEAVE Department members engaged in outside employment who are placed on disability or administrative leave or modified/light-duty shall inform their immediate supervisor in writing within five days whether they intend to continue to engage in outside employment while on such leave or light-duty status. The immediate supervisor shall review the duties of the outside employment along with any work-related doctor's orders and make a recommendation to the Chief of Police whether such outside employment should continue or the approved application be suspended or revoked. In the event the Chief of Police determines that the outside employment should be discontinued or if the employee fails to notify the supervisor of their intentions regarding the employment application, a notice of intent to revoke the employee's application will be forwarded to the involved employee and a copy attached to the original employment application. The revocation process outlined in this policy shall be followed. Criteria for revoking or suspending an approved outside employment application while on disability status or administrative leave includes, but is not limited to, the following: The outside employment is medically detrimental to the total recovery of the disabled employee, as indicated by the City's professional medical advisers. The outside employment performed requires the same or similar physical ability, as would be required of an on-duty employee. The employee's failure to make timely notice of their intentions to their supervisor. The outside employment is not compatible with the reason the employee is on administrative leave. Outside Employment - 544 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1042 Brighton Police Department Policy Manual On Duty Injuries 1042.1 PURPOSE AND SCOPE The purpose of this policy is to provide for the reporting of on-duty injuries, occupational illnesses or deaths, the circumstances of the incident and to ensure proper medical attention is received by the employee. 1042.2 WORKERS' COMPENSATION REPORTS 1042.2.1 WORK RELATED INJURIES AND ILLNESSES All work-related injuries and work-related illnesses requiring medical care must be documented and also reported to the risk management office (CRS § 8-43-102). A notice of injury form should be provided to the injured employee within 24 hours from the time the injury was discovered, excluding weekends and holidays. Records of work-related injuries and work-related illnesses shall be maintained as prescribed by Colorado law (CRS § 8-43-101). 1042.2.2 DEFINITIONS Definitions related to this policy include (CRS § 8-40-201): Accident - Any unforeseen event occurring without the will or design of the person whose mere act causes it. An accident or injury includes disability or death resulting from accident or occupational disease. Occupational disease - Any disease resulting directly from employment or work conditions which is a natural incident of the work and a result of the exposure occasioned, and which can be fairly traced to the employment as a proximate cause and not from a hazard to which the worker would have been equally exposed outside of his/her employment. 1042.2.3 EMPLOYEE RESPONSIBILITIES An employee sustaining any work-related injury, as well as any employee who is involved in any accident while on-duty, shall report such injury or accident in writing as soon as practicable to their supervisor. An employee sustaining any work-related illness shall report such illness to their supervisor in writing as soon as practicable but no later than four days after gaining knowledge of the illness (CRS § 8-43-102). An employee must file a Workers' Claim for Compensation with the Colorado Division of Workers' Compensation within two years. An employee observing or learning of a potentially hazardous condition is to report the condition to his/her immediate supervisor. An employee sustaining a work-related injury or illness that requires relief from duty is also required to comply with Department policies and directives relating to the duty to periodically call in during absences, in addition to the duty to notify the Department of any change in condition or anticipated duration of the absence. When appropriate, an employee being treated for an on duty injury should inform the attending physician that a modified-duty assignment may be available at the Department. On Duty Injuries - 545 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual On Duty Injuries Modified-duty may be available for employees whose injuries prevent resumption of regular duties. An injured employee or an employee who has suffered a work-related illness shall report as soon as practicable to their immediate supervisor the medical findings concerning the injury and the extent and duration of any work restrictions, if they are known. In addition, such employees are required to submit all medical releases, whether partial or full releases, to their supervisor. 1042.2.4 SUPERVISOR RESPONSIBILITIES If an employee is physically or mentally unable to provide notice of an injury or illness, their supervisor shall report such injury or accident in writing as soon as practicable (CRS § 8-43-102). A supervisor learning of any workrelated injury, illness or accident shall prepare the Employers First Report of Injury Form as outlined in this policy. Updated copies of forms with instructions for completion provided by risk management are kept in the supervisor's office. All work-related injuries or illnesses are to be reported, regardless of the severity of the injury. The completed form shall be forwarded to the supervisor's Captain through the chain of command. Every injured employee must be provided with a Workers' Claim for Workers' Compensation Benefits Form within 24 hours, regardless of the nature of illness or injury. Copies of any reports documenting the accident or injury should be forwarded to the Captain as soon as completed. 1042.2.5 CAPTAIN OR LIEUTENANT RESPONSIBILITIES The Captain or Lieutenant receiving a report of a work-related accident or injury should review the report for accuracy and determine what additional action should be taken. The report shall then be forwarded to the Chief of Police. 1042.2.6 CHIEF OF POLICE RESPONSIBILITIES The Chief of Police or the authorized designee shall ensure that a printed card notifying employees of their responsibility to report a workplace injury is displayed at all times in a prominent place in the workplace pursuant to CRS § 8-43-102. The Chief of Police or designee shall review and forward copies of the Employers First Report of Injury Form to the Department of Human Resources and the City Risk Manager. Any copies of the report and any related documents retained by the Department shall be filed in the employee's private medical file and not in the employee's personnel file (see Personnel Files Policy). 1042.3 INJURY NOT REQUIRING MEDICAL ATTENTION Injuries and illnesses not requiring medical attention shall be recorded on a Supervisor's Report of Injury Form. This form shall be completed and signed by a supervisor. This form shall be signed by the affected employee, indicating that they desired no medical attention at the time of the report. By signing this form, the employee will not preclude their ability to seek medical attention later. On Duty Injuries - 546 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual On Duty Injuries 1042.4 SETTLEMENT OF INJURY CLAIMS Occasionally, an employee's work related injury results from the negligent or wrongful acts of another, the losses for which the employee, the City and/or other insurers are entitled to recover civilly. To ensure that the City's interests are protected and that the employee has the benefit of the City's experience in these matters, the following procedure is to be followed. 1042.4.1 EMPLOYEE TO REPORT INITIAL CONTACTS When an employee sustains work related injuries caused by another person and is then approached by such person or an agent, insurance company or attorney and offered a settlement of claims, that employee shall take no action other than to make a written report of this contact to their supervisor as soon as possible. 1042.4.2 NO SETTLEMENT WITHOUT PRIOR APPROVAL No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising out of or related to an on duty injury, the employee shall provide the Chief of Police with written notice of the proposed terms of such settlement. In no case shall the employee accept a settlement without first giving such written notice to the Chief of Police. The purpose of the notice is to permit the City to determine whether the offered settlement will affect any claim the City may have regarding payment for damage to equipment or reimbursement for wages against the person who caused the accident or injury, and to protect the City's right of subrogation, while ensuring that the employee's rights to receive compensation for injuries are not affected. On Duty Injuries - 547 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1044 Brighton Police Department Policy Manual Personal Appearance Standards 1044.1 PURPOSE AND SCOPE To project uniformity and neutrality toward the public and other members of the Department, employees shall maintain their personal hygiene and appearance to project a professional image appropriate for this Department and for their assignment. 1044.2 GROOMING STANDARDS Unless otherwise stated and because deviations from these standards could present officer safety issues, the following appearance standards shall apply to all employees, except those whose current assignment would deem them not appropriate, and where the Chief of Police has granted exception. 1044.2.1 of all members shall be neat in appearance. For male certified officers, hair must not extend below the top edge of the uniform collar while assuming a normal stance. For female certified officers, hair must be no longer than the horizontal level of the bottom of the uniform shoulder patch when the employee is standing erect, and worn up or in a wrapped braid or ponytail. 1044.2.2 MOUSTACHES A short and neatly trimmed moustache may be worn. Moustaches shall not extend below the corners of the mouth or beyond the natural hairline of the upper lip. 1044.2.3 SIDEBURNS Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes) and shall be trimmed and neat. 1044.2.4 FACIAL HAIR Facial hair other than sideburns, mustaches and eyebrows shall not be worn by police officers, unless authorized by the Chief of Police. 1044.2.5 FINGERNAILS Fingernails extending beyond the tip of the finger can pose a safety hazard to officers or others. For this reason, fingernails shall be trimmed so that no point of the nail extends beyond the tip of the finger. 1044.2.6 JEWELRY AND ACCESSORIES No jewelry or personal ornaments shall be worn by officers on any part of the uniform or equipment, except those authorized within this manual. Jewelry, if worn around the neck, shall not be visible above the shirt collar. Earrings may be worn by female uniformed police officers, female investigators or special assignment personnel. Only one ring may be worn on each hand of the uniformed police officer while on duty. Personal Appearance Standards - 548 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Personal Appearance Standards 1044.3 TATTOOS While on duty or representing the Department in any official capacity, every reasonable effort should be made to conceal tattoos or other body art. At no time while on duty or representing the Department in any official capacity, shall any tattoo or body art be visible unless previously authorized by the Chief of Police. Examples of offensive tattoos would include, but not be limited to, those which depict racial, sexual, discriminatory, gang related or obscene language. 1044.4 BODY PIERCING OR ALTERATION Body piercing or alteration to any area of the body that is visible in any authorized uniform or attire, and is a deviation from normal anatomical features and that is not medically required is prohibited. Such body alteration includes, but is not limited to, the following: Tongue splitting or piercing The complete or transdermal implantation of any material other than hair replacement or breast augmentation Abnormal shaping of the ears, eyes, nose or teeth Branding or scarification Personal Appearance Standards - 549 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1046 Brighton Police Department Policy Manual Police Uniform Regulations 1046.1 PURPOSE AND SCOPE The uniform policy of the Brighton Police Department is established to ensure that uniformed officers, special assignment personnel and civilian employees will be readily identifiable to the public through the proper use and wearing of Department uniforms. Employees should also refer to the following associated policies: Duty Firearms Policy Department-Owned and Personal Property Policy Body Armor Policy Personal Appearance Standards Policy The Brighton Police Department uniform specifications and procedures are maintained and periodically updated by the Chief of Police or the authorized designee and should be consulted regarding authorized equipment and uniform specifications. The Brighton Police Department will provide uniforms for all employees who are required to wear them. 1046.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT Police employees wear the uniform to be identified as the law enforcement authority in society. The uniform also serves an equally important purpose, which is to identify the wearer as a source of assistance in an emergency, crisis or other time of need. Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean and appear professionally pressed. All peace officers of this department shall possess and maintain at all times a serviceable uniform and the necessary equipment to perform uniformed field duty. Personnel shall wear only the uniform specified for their rank and assignment. Employees shall not permit the uniform to be reproduced or duplicated. The uniform is to be worn in compliance with the specifications set forth in the Department's uniform specifications and procedures, which are maintained separately from this policy. All supervisors will perform periodic inspections of their personnel to ensure conformance to the Brighton Police Department uniform specifications and procedures. Civilian attire shall not be worn in combination with any distinguishable part of the uniform. Uniforms are only to be worn while on duty, while in transit to or from work, for court or at other official Department functions or events. Employees are not to purchase or drink alcoholic beverages while wearing any part of the Department uniform, including the uniform pants. Mirrored sunglasses will not be worn with any Department uniform. Police Uniform Regulations - 550 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Uniform Regulations Visible jewelry, other than those items listed below, shall not be worn with the uniform, unless specifically authorized by the Chief of Police or the authorized designee. 1. Wrist watch 2. Female officers may wear one set of earrings. 3. Wedding rings, class ring or other ring of tasteful design; a maximum of one ring/set may be worn on each hand. 4. Medical alert bracelet 1046.2.1 DEPARTMENT ISSUED IDENTIFICATION The Department issues each employee an official Department identification card bearing the employee's name, identifying information and photo likeness. All employees shall be in possession of their Department-issued identification card at all times while on duty or when carrying a concealed weapon. Whenever on-duty or acting in an official capacity representing the Department, employees shall display their Department-issued identification in a courteous manner to any person upon request and as soon as practicable. Officers working specialized assignments may be excused from the requirements regarding the possession and display of identification when directed by their Captain. 1046.3 UNIFORM CLASSES The various uniform specification classes are those identified in this policy. 1046.3.1 CLASS A UNIFORM The Class A uniform is to be worn on special occasions, such as funerals, graduations, promotions, ceremonies or as directed. The Class A uniform is required for all certified officers. The Class A uniform includes the standard issue uniform with the following: Long sleeve shirt with tie Polished shoes or boots The dress hat may be worn for events held outdoors. 1046.3.2 CLASS B UNIFORM All officers will possess and maintain a serviceable Class B uniform at all times. The Class B uniform will consist of the same garments and equipment as the Class A uniform with the following exceptions: The long or short-sleeve shirt may be worn with the collar open. No tie is required. All shirt buttons must remain buttoned except for the last button at the neck. Polished shoes or boots. 1046.3.3 SPECIALIZED UNIT UNIFORMS The Chief of Police may authorize special uniforms to be worn by officers in specialized units, such as Canine Team, Mobile Field Force, bicycle patrol, motor officers and other specialized assignments. Police Uniform Regulations - 551 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Uniform Regulations 1046.4 INSIGNIA AND PATCHES The authorized shoulder patch supplied by the Department shall be machine stitched to the sleeves of all uniform shirts and jackets, below the shoulder seam of the shirt, and be bisected by the crease in the sleeve. Service stripes and other indicators for length of service may be worn on long-sleeve shirts and jackets. They are to be machine stitched onto the uniform. The bottom of the service stripe shall be sewn 1 1/2 inches above the cuff seam with the rear of the service stripes sewn on the dress of the sleeve. The stripes are to be worn on the left sleeve only. The regulation nameplate, or an authorized sewn-on cloth nameplate, shall be worn at all times while in uniform. The nameplate shall display the employee's first name or first name initial and last name. The nameplate shall be worn and placed above the right pocket located in the middle, bisected by the pressed shirt seam, with equal distance from both sides of the nameplate to the outer edge of the pocket. When a jacket is worn, the nameplate or an authorized sewn-on cloth nameplate shall be affixed to the jacket in the same manner as the uniform. Assignment insignias, Mobile Field Force, PTO or similar) may be worn as designated by the Chief of Police or the authorized designee. The Department-issued badge, or an authorized sewn-on cloth replica, must be worn and be visible at all times while in uniform. Certified non-uniformed personnel will wear or carry their badge in a manner that the badge is in reasonable proximity to their firearm and able to be displayed whenever appropriate. The designated insignia indicating the employee's rank must be worn at all times while in uniform. The Chief of Police or the authorized designee may authorize exceptions. 1046.4.1 MOURNING BADGE BAND Uniformed employees may wear a black mourning band across the uniform badge whenever an area law enforcement officer is killed in the line of duty. 1046.5 CIVILIAN ATTIRE There are assignments within the Department that do not require wearing a uniform because recognition and authority are not essential to their function. There are also assignments in which wearing civilian attire is necessary. All employees shall wear clothing that fits properly, is clean and free of stains and not damaged or excessively worn. All male administrative, investigative and support personnel who elect to wear civilian clothing to work shall wear button-style shirts with a collar, polo shirts, slacks or suits that are moderate in style. All female administrative, investigative and support personnel who elect to wear civilian clothes to work shall wear dresses, slacks, shirts, blouses or suits that are moderate in style. The following items shall not be worn on-duty: 1. T-shirt alone 2. Swimsuit, tube tops or halter tops 3. Spandex type pants or see-through clothing 4. Distasteful printed slogans, buttons or pins Police Uniform Regulations - 552 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Uniform Regulations 5. Shorts 6. Sweatshirts, sweatpants or similar exercise clothing Variations from this order are allowed at the discretion of the Chief of Police or the authorized designee when the employee's assignment or current task is not conducive to wearing such clothing. No item of civilian attire may be worn on duty that would adversely affect the reputation of the Brighton Police Department or the morale of the employees. Certified employees carrying firearms while wearing civilian attire should wear clothing that effectively conceals the firearm when outside a controlled law enforcement facility or work area. 1046.6 POLITICAL ACTIVITIES AND ENDORSEMENTS IN UNIFORM PROHIBITED Unless specifically authorized by the Chief of Police, Brighton Police Department employees may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a department badge, patch or other official insignia, or cause to be posted, published or displayed, the image of another employee, or identify themselves as an employee of the Brighton Police Department to do any of the following: Endorse, support, oppose or contradict any political campaign or initiative Endorse, support, oppose or contradict any social issue, cause or religion Endorse, support or oppose, any product, service, company or other commercial entity 1046.7 OPTIONAL EQUIPMENT - MAINTENANCE AND REPLACEMENT Any of the items listed in the uniform and equipment specifications manual as optional shall be purchased at the expense of the employee. Maintenance of optional items shall be the financial responsibility of the purchasing employee repairs due to normal wear and tear). Replacement of items listed in this order as optional shall be done as follows: 1. When the item is no longer functional because of normal wear and tear, the employee bears the full cost of replacement. 2. When the item is no longer functional because of damage in the course of the employee's duties, it may be replaced following the procedures for the replacement of damaged personal property outlined in the Department-Owned and Personal Property Policy. 1046.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES Brighton Police Department employees may not wear any uniform item, accessory or attachment unless specifically authorized in the uniform and equipment specifications manual or by the Chief of Police or the authorized designee. Brighton Police Department employees may not use or carry any tool or other piece of equipment unless specifically authorized in the uniform and equipment specifications manual or by the Chief of Police or the authorized designee. Police Uniform Regulations - 553 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1048 Brighton Police Department Policy Manual Police Explorers 1048.1 PURPOSE AND SCOPE Police Explorers work under the direct supervision of an assigned police officer and perform a variety of routine and progressively advanced tasks in an apprenticeship program in preparation for a career in law enforcement. 1048.2 EDUCATION REQUIREMENTS Police Explorers are required to maintain a minimum grade point average of 2.0 grade) for all courses taken. 1048.3 PROGRAM COORDINATOR The Command Staff will appoint a sergeant to serve as the Program Coordinator. The Program Coordinator will be responsible for tracking the educational and job performance of Police Explorers as well as making their individual assignments throughout the Department. The Program Coordinator will also monitor the training provided for all Police Explorers and review all decisions affecting job assignments, school attendance and performance evaluations. 1048.3.1 PROGRAM ADVISORS The Program Coordinator may select individual officers to serve as Program Advisors for the Police Explorer Program. These officers will serve as mentors for each Police Explorer. Police Explorers will bring special requests, concerns and suggestions to their Program Adviser for advice or direction before contacting the Program Coordinator. One Program Advisor may be designated as the coordinator's assistant to lead scheduled meetings and training sessions involving the Police Explorers. Multiple Explorers may be assigned to each Program Advisor. Program Advisors are not intended to circumvent the established chain of command. Any issues that may be a concern of the individual's supervisor should be referred back to the Program Coordinator. 1048.4 ORIENTATION AND TRAINING New Police Explorers will receive an orientation of the organization and facilities before reporting to their first assignment. On-the-job training will be conducted in compliance with the Explorer Training Manual. Training sessions will be scheduled as needed to train Police Explorers for as many assignments as possible. In addition to job-specific training, information will be offered to prepare Explorers to compete successfully in the police officer selection process, as well as the academy training. All training will focus on improving job performance, as well as preparation to become police officers. These meetings will also offer an opportunity to receive continuous feedback regarding progress of the program. 1048.5 CADET AND EXPLORER UNIFORMS Each cadet and explorer will be provided two uniforms meeting the specifications described in the uniform and equipment specifications manual for civilian employees. Police Explorers - 554 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Police Explorers 1048.6 RIDE-ALONG PROCEDURES All Police Explorers are authorized to participate ride with on duty officers as approved by their immediate supervisor and the appropriate Shift Sergeant. Explorers shall wear their uniform while participating in a ride-along. Police Explorers - 555 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1050 Brighton Police Department Policy Manual Nepotism and Employment Conflicts 1050.1 PURPOSE AND SCOPE The purpose of this policy is to ensure effective supervision, safety, security, performance, assignments and discipline while maintaining positive morale by avoiding actual or perceived favoritism, discrimination or other actual or potential conflicts of interest by or between members of this Department. 1050.1.1 DEFINITIONS Definitions related to this policy include: Relative - An employee's parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted or step), sibling or grandparent. Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship beyond mere friendship. Business relationship - Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder or investor in an outside business, company, partnership, corporation, venture or other transaction where the employee's annual interest, compensation, investment or obligation is greater than $250. Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably appears that an employee's action, inaction or decisions are or may be influenced by the employee's personal or business relationship. Supervisor - An employee who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluation and/or performance of a subordinate employee. Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority of a supervisor. 1050.1.2 PERSONAL RELATIONSHIPS No individual shall be considered for employment in the Department if such applicant is involved in a personal relationship with a Department employee if the personal relationship is prohibited as defined in this section. If a personal relationship develops between two employees working in the Department, they shall immediately notify the Chief of Police through the chain of command. Personal relationships under the following circumstances are prohibited: 1. One employee either directly or indirectly supervises another employee 2. One employee would audit, verify, receive or be entrusted with monies or funds received or handled by the other employee 3. One employee has access to the confidential personnel records of the other employee 4. One employee performs the payroll information/processing function of the other employee Nepotism and Employment Conflicts - 556 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Nepotism and Employment Conflicts If a prohibited personal relationship exists, then one of the employees should resign or face termination for cause. 1. If one of the two affected employees does not submit a resignation within 30 days of the commencement of the prohibited personal relationship, then termination proceedings will take place for the employee with the lowest rank and/or Department seniority. 1050.2 RESTRICTED DUTIES AND ASSIGNMENTS Employees are prohibited from directly supervising, occupying a position in the line of supervision or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship. 1. If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor shall make every reasonable effort to defer matters involving the involved employee to an uninvolved supervisor. 2. When personnel and circumstances permit, the Department will attempt to make every reasonable effort to avoid placing employees in such supervisor/subordinate situations. The Department reserves the right to transfer or reassign any employee to another position within the same classification as it may deem necessary in order to avoid conflicts with any provision of this policy. Employees are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship. Whenever reasonably possible, Police Training Officers (PTOs) and other trainers will not be assigned to train relatives. PTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation. To avoid actual or perceived conflicts of interest, members of this Department shall refrain from developing or maintaining personal or financial relationships with victims, witnesses or other individuals during the course of, or as a direct result of, any official contact. Except as required in the performance of official duties or in the case of immediate relatives, employees shall not develop or maintain personal or financial relationships with any individual they know or reasonably should know is under criminal investigation, or is a convicted felon, parolee, fugitive, registered offender or who engages in intentional violations of municipal, state or federal laws. 1050.2.1 EMPLOYEE RESPONSIBILITIES All employees are required to adhere to State guidelines and to disclose of conflicts of interest as required by law (Colorado Constitution Article XXIX, CRS § 18-8-308, CRS § 24-18-104 and CRS § 24-18-105). Additionally, all employees are required to adhere to Section 2.05 Employment of Relatives as contained in the City of Brighton Employee Handbook. Prior to entering into any personal or business relationship or other circumstance that the employee knows or reasonably should know could create a conflict of interest or other Nepotism and Employment Conflicts - 557 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Nepotism and Employment Conflicts violation of this policy, the employee shall notify their uninvolved, immediate supervisor. Whenever any employee is placed in circumstances that would require the employee to take enforcement action or provide other official information or services to any relative or other individual with whom the employee is involved in a personal or business relationship, the employee shall notify their uninvolved immediate supervisor. In the event that no uninvolved supervisor is immediately available, the employee shall notify ADCOM to have another uninvolved employee either relieve the involved employee or minimally remain present to witness the action. 1050.2.2 SUPERVISOR RESPONSIBILITIES Upon being notified of or becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to mitigate or avoid such violations whenever reasonably possible. Supervisors shall also notify the Chief of Police or the authorized designee of such actual or potential violations through the chain of command. Nepotism and Employment Conflicts - 558 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1052 Brighton Police Department Policy Manual Department Badges 1052.1 PURPOSE AND SCOPE A Brighton Police Department badge and uniform patch as well as the likeness of these items and the name of the Brighton Police Department are property of the Department and their use shall be restricted as set forth in this policy. 1052.2 POLICY The uniform badge shall be issued to Department members as a symbol of authority. The use and display of Department badges shall be in strict compliance with this policy. Only authorized badges issued by this Department shall be displayed, carried or worn by members while on duty or otherwise acting in an official or authorized capacity. 1052.2.1 FLAT BADGE Certified officers, with the approval of the Chief of Police or the authorized designee, may purchase at their own expense a flat badge that can be carried in a wallet. The use of the flat badge is subject to all the same provisions of Department policy as the uniform badge. An officer may sell, exchange or transfer the flat badge they purchased to another officer within the Brighton Police Department. Should the flat badge become lost, damaged or otherwise removed from the officer's control, they shall make the proper notifications as outlined in the Department-Owned and Personal Property Policy. An honorably retired officer may keep their flat badge upon retirement. The purchase, carrying or display of a flat badge is not authorized for civilian personnel. 1052.2.2 SUPPORT STAFF PERSONNEL Badges and Department identification cards issued to support staff personnel shall be clearly marked to reflect the position of the assigned employee. Support staff personnel shall not display any Department badge except as a part of their uniform and while on-duty or otherwise acting in an official and authorized capacity. Civilian personnel shall not display any Department badge or represent themselves, on- or off-duty, in such a manner which would cause a reasonable person to believe that they are a certified officer. 1052.2.3 RETIRED POLICE OFFICER BADGE Upon honorable retirement, police officers may keep their assigned duty badge for display purposes. It is intended that the duty badge be used only as private memorabilia, as other uses of the badge may be unlawful or in violation of this policy. 1052.3 UNAUTHORIZED USE Except as required for on-duty use by current employees, no badge designed for carry or display in a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably retired peace officer. Department Badges - 559 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Department Badges Department badges are issued to all certified employees and support staff uniformed employees for official use only. The Department badge, shoulder patch or the likeness thereof, or the Department name shall not be used for personal or private reasons including, but not limited to, letters, memoranda and electronic communications, such as electronic mail or websites and web pages. The use of the badge, uniform patch and Department name for all material printed matter, products or other items) developed for Department use shall be subject to approval by the Chief of Police or the authorized designee. Employees shall not loan the badge or identification card to others and shall not permit the badge or identification card to be reproduced or duplicated. Department Badges - 560 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1054 Brighton Police Department Policy Manual Temporary Modified-Duty Assignments 1054.1 PURPOSE AND SCOPE This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, or City rules. For example, nothing in this policy affects the obligation of the Department to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law. 1054.2 POLICY Temporary modified-duty assignments may be available to members who have incurred a duty-related illness or injury and due to restrictions or limitations are unable to perform their regular assigned duties. Non-duty related illnesses or injuries may also be considered for eligibility with the policy. Eligibility for a temporary modified-duty assignment is subject to the approval of the Chief of Police or authorized designee. Temporary modified-duty assignments are intended to provide a member with the ability to continue working within the limits of their restrictions and limitations on a temporary basis while providing the Department with a productive employee during the interim. The Department will engage in a good faith interactive process to consider reasonable accommodations for any member with a temporary or permanent disability. 1054.3 GENERAL CONSIDERATIONS Priority consideration for temporary modified-duty assignments will be given to employees with work-related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or the Colorado Anti-Discrimination Act (CADA) shall be treated equally, without regard to any preference for a work-related injury (CRS § 24-34-401 et seq.). No position in the Brighton Police Department shall be created or maintained as a temporary modified-duty assignment. Temporary modified-duty assignments are a management prerogative and not an employee right. The availability of temporary modified-duty assignments will be determined on a case-by-case basis, consistent with the operational needs of the Department. Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational needs and the employee's ability to perform in a modified-duty assignment. The Chief of Police or the authorized designee may restrict employees working in temporary modified-duty assignments from wearing a uniform, displaying a badge, carrying a firearm, operating an emergency vehicle, engaging in outside employment, or being otherwise limited in employing their peace officer powers. 1054.4 PROCEDURES Employees may request a temporary modified-duty assignment for short-term injuries or illnesses. Temporary Modified-Duty Assignments - 561 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Temporary Modified-Duty Assignments Employees seeking a temporary modified-duty assignment should submit a written request to their Captain or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing: An assessment of the nature and probable duration of the illness or injury. The prognosis for recovery. The nature and scope of limitations and/or work restrictions. A statement regarding any required workplace accommodations, mobility aids or medical devices. A statement that the employee can safely perform the duties of the temporary modified-duty assignment. The Captain will make a recommendation through the chain of command to the Chief of Police regarding temporary modified-duty assignments that may be available based on the needs of the Department and the limitations of the employee. The Chief of Police or the authorized designee shall confer with the Department of Human Resources or the City Attorney as appropriate. Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved and facilitated by the Captain, with notice to the Chief of Police. 1054.5 ACCOUNTABILITY Written notification of assignments, work schedules and any restrictions should be provided to members assigned to temporary modified-duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate department operations and the employee's medical appointments, as mutually agreed upon with the Captain. 1054.5.1 EMPLOYEE RESPONSIBILITIES The responsibilities of employees assigned to temporary modified duty shall include, but not be limited to: Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors. notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty. Submitting a written status report to the Captain that contains a status update and anticipated date of return to full-duty when a temporary modified-duty assignment extends beyond 60 days. 1054.5.2 SUPERVISOR RESPONSIBILITIES The employee's immediate supervisor shall monitor and manage the work schedule of those assigned to temporary modified duty. The responsibilities of supervisors shall include, but not be limited to: Periodically apprising the Captain of the status and performance of employees assigned to temporary modified duty. Temporary Modified-Duty Assignments - 562 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Temporary Modified-Duty Assignments Notifying the Captain and ensuring that the required documentation facilitating a return to full duty is received from the employee. Ensuring that employees returning to full duty have completed any required training and certification. 1054.6 MEDICAL EXAMINATIONS Prior to returning to full-duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations. The Department may require a fitness-for-duty examination prior to returning an employee to full-duty status, in accordance with the Fitness for Duty Policy. 1054.7 PREGNANCY If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment. 1054.7.1 PREGNANCY NOTIFICATION Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy-related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the City's personnel rules and regulations regarding family and medical care leave. 1054.8 PROBATIONARY EMPLOYEES Probationary employees who are assigned to a temporary modified-duty assignment shall have their probation extended by a period of time equal to their assignment to temporary modified duty. 1054.9 MAINTENANCE OF CERTIFICATION AND TRAINING Employees assigned to temporary modified duty shall maintain all certification, training and qualifications appropriate to both their regular and temporary duties, provided that the certification, training or qualifications are not in conflict with any medical limitations or restrictions. Employees who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training or qualifications. Temporary Modified-Duty Assignments - 563 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Policy 1058 Brighton Police Department Policy Manual Employee Speech, Expression and Social Networking 1058.1 PURPOSE AND SCOPE This policy is intended to address issues associated with employee use of social networking sites and to provide guidelines for the regulation and balance of employee speech and expression with the needs of the Department. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, about matters of public concern, such as misconduct or corruption. Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 1058.1.1 APPLICABILITY This policy applies to all forms of communication including, but not limited to film, video, print media or public speech, use of all Internet services, including the World Wide Web, e-mail, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, wikis, video and other file sharing sites. 1058.2 POLICY Public employees occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of this department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that employees of this Department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Brighton Police Department will carefully balance the individual employee's rights against the organization's needs and interests when exercising a reasonable degree of control over employee speech and expression. 1058.3 SAFETY Employees should carefully consider the implications of their speech or any other form of expression when using the Internet. Speech and expression that may negatively affect the safety of Brighton Police Department employees, such as posting personal information in a public forum, can result in compromising an employee's home address or family ties. Employees should therefore not disseminate or post any information on any forum or medium that could reasonably be expected to compromise the safety of any employee, an employee's family or associates. Examples of the type of information that could reasonably be expected to compromise safety include: • Disclosing a photograph and name or address of an officer who is working undercover. • Disclosing the address of a fellow officer. • Otherwise disclosing where another officer can be located off-duty. Employee Speech, Expression and Social Networking - 564 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Employee Speech, Expression and Social Networking 1058.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT To meet the Department's safety, performance and public-trust needs, the following are prohibited unless the speech is otherwise protected (for example, an employee speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, on a matter of public concern): Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Brighton Police Department or its employees. Speech or expression that, while not made pursuant to an official duty, is significantly linked to or related to the Brighton Police Department and tends to compromise or damage the mission, function, reputation or professionalism of the Brighton Police Department or its employees. Examples include statements that indicate disregard for the law or the state or U.S. Constitution; expression that demonstrates support for criminal activity; participating in sexually explicit photographs or videos for compensation or distribution. Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the employee as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty or illegal behavior. Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the employees of the Department. For example, a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen to jeopardize employees by informing criminals of details that could facilitate an escape or attempted escape. Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by the Brighton Police Department. Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the Department for financial gain, or data classified as confidential by state or federal law, or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee. Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the Brighton Police Department on any personal or social networking or other website or web page without the express authorization of the Chief of Police. Accessing websites for unauthorized purposes, or use of any personal communication device, game device or media device, whether personally or department-owned, for personal purposes while on-duty, except in the following circumstances: 1. When brief personal communications may be warranted by the circumstances informing family of extended hours). 2. During authorized breaks; such usage should be limited as much as practicable to areas out of the sight and sound of the public and shall not be disruptive to the work environment. In addition, an employee is required to take reasonable and prompt action to remove any content that is in violation of this policy, whether posted by the employee and/or others, from any web page or website maintained by the employee social or personal website). Employee Speech, Expression and Social Networking - 565 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Employee Speech, Expression and Social Networking 1058.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS While employees are not restricted from engaging in the following activities as private citizens or as authorized members of a recognized bargaining unit or officer associations, employees may not represent the Brighton Police Department or identify themselves in any way that could be reasonably perceived as representing the Brighton Police Department in order to do any of the following, unless specifically authorized by the Chief of Police: Endorse, support, oppose or contradict any political campaign or initiative Endorse, support, oppose or contradict any social issue, cause or religion Endorse, support, or oppose any product, service, company or other commercial entity Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or any website Additionally, when it can reasonably be construed that an employee, acting in his/her individual capacity or through an outside group or organization (e.g. bargaining group) is affiliated with this department, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the Brighton Police Department. Employees retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of a recognized bargaining unit or officer associations, on political subjects and candidates at all times while off-duty. However, employees may not use their official authority or influence to interfere with or affect the result of an election or a nomination for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502). 1058.5 PRIVACY EXPECTATION Employees forfeit any expectation of privacy with regard to e-mails, texts or anything published or maintained through file-sharing software or any Internet site Facebook, MySpace) that is accessed, transmitted, received or reviewed on any department technology system. The Department reserves the right to access, audit and disclose for whatever reason any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department, including the Department e-mail system, computer network, radio or other communication system or medium or any information placed into storage on any department system or device. This includes records of all key strokes or web-browsing history made at any department computer or over any department network. The fact that access to a database, service or website requires a user name or password does not create an expectation of privacy if it is accessed through department computers or networks. 1058.6 CONSIDERATIONS In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Chief of Police or authorized designee should consider include: Whether the speech or conduct would negatively affect the efficiency of delivering public services. Employee Speech, Expression and Social Networking - 566 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Employee Speech, Expression and Social Networking Whether the speech or conduct would be contrary to the good order of the Department or the efficiency or morale of its members. Whether the speech or conduct would reflect unfavorably upon the Department. Whether the speech or conduct would negatively affect the member's appearance of impartiality in the performance of his/her duties. Whether similar speech or conduct has been previously authorized. Whether the speech or conduct may be protected and outweighs any interest of the Department. 1058.7 TRAINING Subject to available resources, the Department should provide training regarding employee speech and the use of social networking to all members of the Department. The Professional Standards Unit will coordinate this training on a regular basis. Employee Speech, Expression and Social Networking - 567 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual Organizational Chart ---PAGE BREAK--- Brighton Police Department INDEX A ABANDONED VEHICLE VIOLATIONS 383 Marked Vehicle 384 Marking Vehicles 383 Purpose and 383 Vehicle Storage 384 Vehicle Storage Reporting 384 ABUSE OF AT-RISK ADULTS Adult Protective Services 125 Assessing the Situation 124 At-Risk Adult Abuse in a Care Facility......... 125 At-Risk Adult Abuse Reporting 124 At-Risk Adults 122 Colorado Department of Human Services..... 125 Confidentiality 125 County Department of Social Services.......... 123 County Department of Social Services 122 Crime Scene 124 122 District Attorney Notification 123 District Attorney's 123, 125 Documentation Required 124 Emergency Protective Orders 124 122 Forced 123 High Priority Criminal 122 Immediate Officer 123 Initial 123 Mandatory Reporting 124 Medical 123 Mistreatment 122 Notifications Required 123, 125 Obtaining Arrest Warrants 125 Officer's 123 Police Records Release and Security Policy 125 Police Records Section Responsibilities 123 Probable 125 Protective Orders 124 Purpose and 122 Report 123 Reporting Requirements 122 Reporting Time 122 Self-neglect 122 Supervisor 123 Support 124 Victim Advocate 124 ACCIDENT ALERTS 354 354 Police Records Notified 354 354 Purpose and 354 ADA COORDINATOR Duties and 205 ADCOM Communications 448 Domestic 109 ADCOM RESPONSIBILITIES Vehicle Pursuit 89 ADMINISTRATIVE COMMUNICATIONS 33 Memorandums 33 Other 33 Purpose and 33 ADMINISTRATIVE DIVISION Crime Analysis Unit 20 Department 20 Peer Support 20 Police 20 Public Information 20 Recruiting and Hiring 20 AIRCRAFT CRASHES ADCOM 301 302 National Transportation Safety Board 301 Officer 300 PIO Responsibilities 301 Purpose and 300 Records Supervisor Responsibilities 301 300 AMBER ALERTS Amber 144 Blue Alerts 146 Criteria 145 Employee 144 Policy 144 145 Purpose and 144 144 Supervisor 144 AMMUNITION Department Authorized Ammunition 77 ANIMAL CONTROL PROCEDURES Animal Bites to 445 Animal Control Officer Responsibilities 444 Animal Cruelty 445 Index - 569 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Deceased 446 Injured Animals 446 Owner Contact 445 Police Officer Responsibilities....................... 444 Post Arrest Procedures 446 Public Nuisance Calls Relating to Animals.... 445 Purpose and 444 Stray Animals 445 444 ANTI-RETALIATION POLICY Command Staff Responsibilities.................... 493 Complaints of Retaliation 493 492 Policy 492 Purpose and 492 Records Retention and 494 Reporting Requirements 492 Retaliation Prohibited 492 Supervisor 493 494 APPEARANCE Personal Appearance 548 ARRESTEE TRANSPORTATION Use of 463 ASSET FORFEITURE POLICY Asset 392 391 Disposition of Forfeited Property 395 Fiscal Agent 391 Forfeiture Reviewer 393 Maintaining Seized 393 North Metro Task 391–393 Policy 391 Processing Seized Property for Forfeiture 392 Property Not Subject to 392 Property Subject to 392 Purpose and 391 ASSISTING BAIL BOND AGENTS Background and Legal Basis 348 348 Purpose and 348 AUTHORIZED INTERPRETERS Annual 204 AUTOMATED LICENSE PLATE READERS (ALPR) Accountability and Safeguards 342 Administration of ALPR Data 341 ALPR Data Collection and Retention............ 341 ALPR Operation 341 Purpose and 341 B BIAS-MOTIVATED CRIMES 152 Detective Section Responsibilities................. 153 Federal Bias-Motivated Crime Reporting 154 Federal 152 Matthew Sheppard and James Byrd, Jr. Hate Crimes Prevention Act 152 Preventing and Preparing for Likely Bias Motivated Crimes 152 Procedures for Investigating Bias-Motivated 153 Purpose and 152 State Bias-Motivated Crime Reporting 153 Training 154 BIOLOGICAL SAMPLES Collection 214 Colorado Attorney General's 215 Colorado Bureau of Investigations 214 Court Order Required for Use of 214 Forwarding Biological 215 Legal Mandates and Relevant Laws 215 215 Notification 215 Persons Subject to DNA Collection............... 214 Policy 214 214 Purpose and 214 Supervisor Duties and 214–215 Use of Force to Obtain Samples 214 Video Recordings 215 Voluntary Compliance 214 BLUE ALERTS Criteria 146 Definitions 146 146 BODY ARMOR Care and Maintenance of Body 521 Inspections of Body 520 Policy 520 Purpose and 520 Rangemaster Responsibilities........................ 521 Use of Soft Body 520 BRADY MATERIAL DISCLOSURE Brady Information in Personnel 404 Custodian of Personnel Records 404 403 Disclosure of Investigative Information 403 Disclosure of Personnel Information 404 Exculpatory 403 Investigating Brady 404 Index - 570 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Periodic Review of Personnel Records 404 Police Chief Designates Custodian of Personnel Records 404 Policy 403 Protective Orders 404 Purpose and 403 Supplemental 403 404 C CANINE BITES AND INJURIES Reporting Requirements 101 CANINE SEARCHES AT SCHOOLS Report 100 SRO Responsibilities 100 CANINES Annual Training Required 104 Assignment of Canines 101 Audible 99 102 Canine Handler 99 Canine Medical 104 Canine Officer 103 Canine Officer Responsibilities 102 Canine Officer Vacations 103 Canine Police Vehicle 103 Canine Searches at Schools 99 Canine Unit Supervisor Responsibilities 105 Canine Vehicle 103 Canines in Public 103 Care for the Canine and 102 Chief of Police 105 Command Staff 105 Command Staff 101 Continued Training 104 Controlled Substance Training 105 Controlled Substance Training Aids 105 Department Approved 104 Department 103 Drug 98 Drug Enforcement Administration 105 Emergency Medical 104 Fair Labor Standards 103 Guidelines for Non-Apprehension 101 Guidelines for the Use of Canines 98 Handler Assignment 102 Handler 101–102 Handler Residency Requirements.................. 102 Intentional Bites or Injuries 101 Medical Care of the Canine 103 National Training Standards 104 Non-Emergency Medical Care 104 Obtaining Controlled Substance Training 105 Patrol 98 Police Operations 105 Police Operations Division 101–102 Preparations for Utilizing a Patrol Canine....... 98 Professional Standards 104 Property and Evidence 106 Purpose and 98 Reporting Canine 101 Reporting Canine Use, Bites and Injuries...... 101 Reporting Requirements 99, 104 Request for Assistance From Other 102 Request for Public Demonstrations 102 Request for Use of Canine 102 School District 99–100 School District Policy on 100 101 Selection of Canine Officers 102 Supervisor Approval 101–103 Supervisor Inspection Requirements 103 Supervisor 104 Supervisor Notifications 101, 104 Tracking 101 104 Training 104 Training 104 Unattended Canines 103 Unintended Bites or 101 Use of Drug Detection Canines 99 Use of 103 Warnings Given to Announce the Use of a Patrol 99 CASH HANDLING, SECURITY AND MANAGEMENT Other Cash 418 Petty Cash 418 Petty Cash Funds 418 Petty Cash 418 Purpose and 418 CHIEF OF POLICE POST Certification 12 CHIEF OF POLICE Chief of Police POST Requirements 12 CHILD ABUSE Abuse and 131 Child Fatality Prevention Review Teams 136 Consent of Parent or 135 County Department of Social 131–136 Index - 571 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Court 135 Court 134 Cultural Considerations 131 Death 133 131 Delayed Interviews 135 Detaining a Child 135 Detaining Suspected Child Abuse Victims for an 135 Detective Section 136 Detective Section Supervisor 136 Drug Endangered Children 135 Drug Lab Investigative Checklist 136 Drug Lab or Other Narcotics Crime Scene.... 136 Drug Lab or other Narcotics Crime Scenes.... 136 Firefighter or Hospital Staff Member 135 Interfamilial Abuse 131 135 Investigations and Reporting 132 Mandatory Notifications 131 Medical Examinations 135 Multidisciplinary Investigative 132 Notification Procedure 132 Parental Consent 135 Parental Notification 134 Policy 131 Preliminary 135 Professional Standards 136 Protective 133 Purpose and 131 Qualified 132 Recording 135 Related 134 Release of Reports 136 Removing a Child from a Parent or 133 Reporting Requirements 132, 134 Safe Haven Act Provisions 135 School District 132 Security and Release of Records Policy 136 State Mandates and Other Laws 136 Supervisor 133, 135 136 Written Report 132 CHILD ABUSE POLICY Temporary Custody of Juveniles 117 CHILD ABUSE: DRUG ENDANGERED CHILDREN Officer 136 CHILD AND DEPENDENT ADULT SAFETY POLICY After an Arrest 224 Department of Human Services Notification 225 Dependent Welfare 226 During the Booking Process 225 Policy 224 Procedures During an 224 Professional Standards 226 Protective 226 Purpose and 224 Reporting Requirements 225 Supervisor 225 Supervisor Notification Required 225 Support and Counseling 226 226 Victim Advocate 226 CITATION/SUMMONS AND RELEASE POLICY Department 281 Discretion to 281 Disqualifying 282 Field 281 Juvenile 282 Other Reasons for Not 282 Penalty 282 Purpose and 281 Release After 282 Requesting Case 283 Statutory 281 CODE OF CONDUCT Employee Access to Policies 155 COMMENDATIONS AND AWARDS Award Records and 528 Certificate of 531 Chief of Police 527 Citizen 528 Citizen Awards 529 Citizen Commendation 532 Command College Completion 531 Commendable Service 531 Community Policing 531 Determination of 528 Employee Awards 527 Exemplary Service 530 Letter of 531 MAG Team 528 MAG Team Annual 529 MAG Team Findings 528 Management Advisory Group 527 Meritorious Service 531 527 Notification of 529 Other Awards 532 Personal Display of 529 Index - 572 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Presentation of Awards 529 Purpose and 527 Recommendation for 527 Retired Officer 530 Structure of Awards 527 COMMUNICABLE DISEASES Confidentiality of 506 Counseling 506 Decontamination of 504 Decontamination of Non-Disposable 504 Decontamination of Personal Protective 503 Decontamination of Skin and Mucous 503 Decontamination of 504 Decontamination Station and Cleaning 504 500 Disposable Protective 503 Disposal and Decontamination 502 Employee Duty to Report Exposure 505 Exposure Control 501 Exposure From a Non-Arrestee 507 Exposure From An Arrestee 507 Immunizations 502 Medical Consultation, Evaluation and Treatment 505 Personal Protective 501 Post-Exposure Reporting and Follow Up Requirements 505 Procedures for Contact With Blood or Bodily 501 Purpose and 500 Sharps and Items That Cut or Puncture 503 Source 506 Supervisor Reporting Requirements.............. 505 Training 502 Universal Precautions 501 Use of Biohazard Waste Containers 502 Work Practices 502 COMMUNICATIONS 448 Purpose and 448 COMMUNITY PARTNERSHIPS Community 251 Problem Oriented 251 251 COMMUNITY 19 COMPUTERS AND DIGITAL EVIDENCE Business or Networked 441 Collection of Digital 442 Digital Evidence Recorded by Officers 442 Downloading of Digital Files 443 Forensic Examination of Computers 441 Preservation of Digital Evidence 443 Purpose and 440 Seizing Computers and Related Evidence..... 440 Seizing Digital Storage 441 Seizing Personal Communication Devices.... 441 Submission of Digital Evidence 442 CONCEALED FIREARM PERMITS Carrying Firearms Out of State 82 CONFIDENTIAL INFORMANTS Audit of Payments 399 Cash Disbursement 398 396 File System 396 Guidelines for Handling Confidential 397 Informant File System 396 Juvenile 397 Payment Procedure 398 Payment 398 Payment Process 398 Purpose and 396 Relationships with Confidential 397 Reporting of 399 Use of Informants 397 CONSENT TO SEARCH Crime Scenes and 262 CONTROL DEVICES AND TECHNIQUES Baton for Plainclothes and Non-Field 58 Baton 58 Baton Target Area Considerations................... 58 Damage to City Property 58 Disciplinary 60 Fire Personnel Alerted When Tear Gas is Used 58 Guidelines 57 Inspected by Rangemaster 57 Inspections 57 Issuing, Carrying and Using Control 57 Kinetic Energy Energy Projectiles Deployment 59 Kinetic Energy Projectile Guidelines............... 59 Kinetic Energy Projectiles Deployment and 59 Medical Considerations 58 Medical Considerations for OC 58 Mobile Field Force 58 OC 58 Oleoresin Capsicum (OC) Guidelines 58 Index - 573 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Policy 57 Post-Application Notice for Tear Gas or OC 58 Professional Standards 60 Property Owner Notification After Tear Gas or OC Use 58 Purpose and 57 Rangemaster Responsibilities 57 Reasonable 57 Remedial 60 Reporting Requirements 60 Reporting Requirements for Tear Gas and OC 58 57 Safety of Public and Officers Takes Priority.... 59 Safety Procedures for Kinetic Energy Projectile Shotguns 60 Shift Sergeant Responsibilities 57 Shotguns Used of Kinetic Energy 60 Target 59 Tear Gas 58 Totality of the Circumstances 59 57 Training Required 57 Training 60 Treatment for OC Spray 58 Use of Force 57, 60 Use of Force Policy 60 User Responsibilities 57 Verbal 59 CORPORALS Acting Sergeants 317 COURT APPEARANCE AND SUBPOENAS Acceptance of Subpoenas 173 Accepting 173 Civil Subpoena 175 Civil Subpoenas Not Involving a Government 174 Court Standby 174 Court Subpoenas and 173 Courtroom 175 Courtroom 175 Courtroom Protocol 175 173 Failure To Appear 174 Off Duty Related Subpoenas 174 Operations Administrative Assistant 174 Operations Administrative Assistant 173 Overtime Compensation 175 Preparation for 175 Private Party Civil Actions 175 Procedures for Civil 175 Purpose and 173 Refusal of 174 Testifying Against the Interest of the State.... 175 Valid 173 CRIME ANALYSIS Crime Analysis Dissemination 420 Crime Analysis 420 Data Sources 420 Purpose and 420 CRIME AND DISASTER SCENE INTEGRITY Consent 262 Crime Scene Access 262 Crime Scene Integrity Issues 261 Crime Scene Responsibilities 261 Dying Declarations 263 Emergency Medical Considerations 263 Execution of Health Orders 262 First Responder Considerations..................... 261 Initial Officer Actions 262 Initial Responding Officer Actions 261 Officer Actions 263 Perimeter Accountability 263 Perimeter Types 262 Perimeters 262 Purpose and 261 Search Warrants 262 Searches at Crime or Disaster 262 CRIMINAL ORGANIZATIONS Colorado Bureau of Investigations 314 Criminal Gang Investigative Data System..... 314 Criminal Intelligence 313 Criminal Street 315 313 Detective Section 315 File Review and 314 Information 315 Juvenile Names in Files 315 One Year Limit on Temporary Information 314 Police Records Maintenance and Release Policy 315 Police Records Section 313–314 Police Records 314 Policy 313 Professional Standards 315 Property and Evidence 314 Purpose and 313 Release of 315 Supervisor Responsibilities 313–314 System Entries 313 Index - 574 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Temporary Information File Contents 314 Temporary Information Files 314 315 Training in Identifying Criminal Street Gang 315 CUSTODIAL SEARCHES Arrestee Transportion 463 Body Cavity Search is a Medical Procedure 466 Body Cavity Search Report Required............ 467 Custody Search 463 463 Determining Genital 465 Field and Transportation 463 Legal Requirements for Body Cavity 466 Physical Body Cavity 463, 466 Policy 463 Professional Standards 467 464 Property and Evidence 464 Purpose and 463 Same Sex Search Required During Strip 465 Same Sex Searches 463–464 Searches at Police 464 Special Circumstances Field Strip Searches 466 Strip 463 Strip Search 465 Strip Search Report Required 465 Strip 465 Supervisor Duries and Responsibilities 466 Supervisor Duties and Responsibilities 465 467 Transgender or Intersex Individuals 465 Verification of Money 464 Written Authorization Required for Strip 465 CUSTODY SEARCHES AND TRANSPORTATION Positional 463 Special Security Needs 464 Transport Vehicle 464 Transportation Notifications Required........... 464 Transporting Arrestees of the Same or Opposite 464 Use of Seat 464 D DAILY TRAINING BULLETINS Login 30 Mandatory Completion Requirements............. 30 Mandatory Training 30 Required Training 30 Supervisor Duties and Responsibilities 30 DEADLY FORCE Use of 44 DEATH INVESTIGATION Coroner 191 Death Investigation 192 Death 192 Emergency Medical 191 Employment Related Deaths or Injuries........ 193 Investigation 191 Notification Requirements 191 On Call 191 Purpose and 191 Removal of 191 Searching Dead 192 Suicide Notes 192 Suspected 192 DEATH NOTIFICATION Police Officer 192 Victim Advocate 192 DEPARTMENT BADGES Flat 559 Policy 559 Purpose and 559 Retired Police Officer Badge 559 Support Staff Personnel 559 Unauthorized 559 DEPARTMENT OF HUMAN RESOURCES Personnel 38 DEPARTMENT OWNED AND PERSONAL PROPERTY POLICY Care of Department 407 Documentation of Department Issued 407 Personal Property Damaged in the Line of Duty 408 Purpose and 407 DEPARTMENT OWNED PROPERTY Damage by Person of Another Agency 408 Loss Or Damage of Property of Another....... 408 DEPARTMENT TECHNOLOGY USE Agency Property 165 164 Introduction of 165 Privacy 164 Prohibited and Inappropriate Use 165 Protection of Department Systems and 166 Purpose and 164 System Inspections 164 Unauthorized Duplication of Software.......... 165 Index - 575 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX DESTRUCTION OF ANIMALS Developing Alternatives for dealing with 79 DETECTIVE SECTION SUPERVISOR Officer Involved 71 DETERMINING THE REASONABLENESS OF FORCE Availability of 44 Conduct of the Individual 44 Drugs or 44 Exigent 44 Immediacy and Severity 44 Imminent 44 Need for Immediate 44 Officer Factors 44 Potential of Injury 44 Prior Contacts with Subject 44 Proximity of 44 Resisting, Evading or Attacking 44 Seriousness of the 44 Subject's Mental 44 Training and Experience of the 44 DIPLOMATIC AND CONSULAR CONTACTS Arrest or Detention of Foreign Nationals 284 Arrest Procedures for Foreign Nationals 289 Chief of Police Notification 288 Citation 286 Consular Officers 285 284 Diplomatic Agents 285 Documentation 289 Enforcement 286 Foreign Nationals Who Do Not Claim 288 Honorary Consuls 285 Identification 285 In-Custody 286 Levels of 284 Purpose and 284 Traffic Accident 288 Traffic 288 Vehicle 285 Vehicles 288 DISABLED VEHICLES Extent of 382 Mechanical 382 Officer 382 Public Access to This 382 Purpose and 382 Relocation of Disabled 382 DISCIPLINARY ACTION Supervisor 160 DISCIPLINARY POLICE Training and 155 DISCIPLINARY POLICY Captain Responsibilities 161 City of Brighton Employee Handbook 155 Conduct That May Result in Discipline 156 Controlled 158 Disciplinary Action Against Probationary 163 Discipline 155 Discrimination, Oppression, Harassment or 158 158 Investigation of Disciplinary Allegations...... 161 Lawful 155 158 Performance 158 Post Discipline Appeal 162 Post Investigation 161 Pre-Disciplinary Hearing 162 Prohibited Conduct 157 Purpose and 155 Resignations Prior to Discipline 162 Responsibilities of the Chief of Police 161 Safety 160 Unauthorized Release of Confidential Information 160 Work Attendance 157 DISCRIMINATORY HARASSMENT Additional Considerations 127 Approval of Investigative 129 Chief of Police 127, 129 City Manager 127, 129 Colorado Civil Rights Division 127–128 Confidentiality 128–129 126 Director of Human 127, 129 Disciplinary 126 Discrimination 126 Documentation of 129 Equal Employment Opportunity Commission 127 Equal Opportunity 126 Equal Opportunity Employment 129 127 Formal 129 Investigating Complaints 128 Investigation of 128 Investigative Authority 129 Monitoring the Work Environment................ 127 New Employee Orientation Required............ 129 Notification of Complaint Disposition........... 129 Index - 576 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Policy 126 Policy Acknowledgement Required 129 Prohibited Conduct 126 Protected 129 Purpose and 126 Questions Regarding Discrimination or Sexual 130 Reporting 127 127 Responsibilities Upon Receipt of 128 Retaining 129 126 Sexiual Harassment 126 Sexual 126 Supervisor 128 Supervisor 127 Supervisor 129 Supervisor 127 Supervisor's Role 128 Supervisory Notification Requirements......... 128 130 DOMESTIC VIOLENCE 109 ADCOM Dispatch Assistance 109 Arrest 110 Arrest Warrants 110 Arrests 110 Case Filing 111 CCIC Attempt to 110 Children and Dependent 109 Court 109 107 Department Storage of Relinquished Firearms 112 District Attorney 111 Domestic Violence Information Handout...... 109 Domestic Violence Investigations.................. 107 Emergency Orders 109 Evaluating 110 Firearms and 111 Foreign Court 109 High Priority 107 If A Suspect Is 108 If No Arrest Is 108 Legal Mandates and Relevant Laws 110 Officer 107 Photographs 107 Police Records Master 110 Police Records 111 Policy 107 Probable 108–110 Protected Party 111 Protection Orders 111 Purpose and 107 Release of Medical 108 Relinquished Firearms and Ammunition....... 112 Reports and Police Records 111 Restrictions on Firearms Possession and 111 Seizing Firearms 108 Selling Firearms and 112 Service of Court Orders 111 Serving Court 108 109 Standards for 110 Storing Firearms and Ammunition 112 Supervisor 111 Transporting 109 Verification of Court 109 Victim 109 Victim 109 Victim 108 Victim Safety 109 Violating a Court Order Warrantless Arrest Affidavit 110 DRUG AND ALCOHOL FREE WORKPLACE Compliance WithThe Drug Free Workplace 499 Confidentiality 499 Discharging a 498 Employee Assistance Program 498 General 497 497 Medical 497 Member Responsibilities 497 Personnel 499 Policy 497 Purpose and 497 Requesting Screening Tests 498 Screening Test Refusals 499 Supervisor Notification Required 497–498 Supervisor 498 Traffic Crashes 498 Use of Medications 497 Work 498 DYING DECLARATIONS Officer 263 263 E ELECTRONIC MAIL Colorado Open Records 32 Email 32 Email Records 32 Index - 577 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX No Right of Privacy 31 Prohibited Use of 31 Purpose and 31 EMERGENCY ALERT SYSTEM 244 Purpose and 244 244 EMERGENCY OPERATIONS CENTER 242 242 Purpose and 242 243 EMERGENCY OPERATIONS PLAN Activating the Emergency Operations Plan..... 24 Emergency Manager 24–25 Emergency Operations Plan 25 Incident Command 24 Location of Emergency Operations Plan 24 National Incident Management 24 National Incident Management 24 Plan Review Required At Least Every Two 25 Purpose and 24 Recall of Personnel 24 Search and Rescue 25 Update Required At Least Every Two Years.... 24 Updating the Emergency Operations 24 EMERGENCY RESTRAINT CHAIR 56 Purpose and 56 Reporting Requirements 56 Supervisor 56 56 Use of Force Report Required 56 Use of Handcuffs and Leg Restraints 56 EMERGENCY UTILITY SERVICE Broken Water Lines 297 Electrical Lines 297 Emergency Contact Numbers 297 Officer 297 Purpose and 297 Reservoirs, Pumps and 297 Traffic Signal 297 EMPLOYEE ORGANIZATIONS Purpose and 40 EMPLOYEE SPEECH, EXPRESSION AND SOCIAL 566 Applicability 564 Policy 564 Privacy Expectation 566 Prohibited Speech, Expression and 565 Purpose and 564 Safety 564 567 Unauthorized Endorsements and Advertisements 566 EMPLOYMENT STANDARDS Credibility as a Witness in a Court of Law.... 479 479 Illegal Use or Possession of Controlled 481 479 Judgment Under Pressure 481 Learning 480 Operation of a Motor Vehicle 478 Personal 480 EVALUATION OF EMPLOYEES Chief of Police Final 487 Evaluation 487 Evaluation Frequency 486 Evaluation 487 Evaluation 485 Evaluation 487 Full Time Probationary Personnel 486 Full Time Regular Status 486 Policy 485 Purpose and 485 Rating 487 Reserve Police Officer Evaluations 486 Volunteer Evaluations 486 EXIGENT 113 EYEWITNESS IDENTIFICATION 400 Detective Section 400 402 Eyewitness 401 Eyewitness Identification 400 Field Identifications 402 Interpretive Services 400 Photographic and Live Lineup Considerations 401 Policy 400 Purpose and 400 F FIELD INTERVIEWS AND CONTACTS Conducting Field 307 Consensual 309 307 Disposition of 310 Duration of Detention 308 Field Photograph and FI Card Review Policy 311 Field Photographs 309 Index - 578 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Field Photographs With Consent 309 Field Photographs Without Consent 310 Initiating a Field 308 Pat Down Searches 309 Purging Field Photographs and FI Cards....... 310 Purpose and 307 Review 311 Supervisor Responsibilities With Field Photographs 310 Witness Identification and Interviews............ 308 FIREARM INJURY REPORTING Hunting or Sport Shooting Injuries 190 190 Purpose and 190 FIREARMS Authorized Duty Firearms 76 Authorized Off Duty 77 Authorized Secondary Firearms 76 Releasing 427 FITNESS FOR DUTY Administrative 535 Employee 533 Limitations on Hours 534 Non-Work Related 533 Physical and Examinations..... 534 Purpose and 533 Supervisor 533 Work-Related 534 FLEEING FELON Use of 43 FOOT PURSUITS ADCOM 340 Assisting Officer Responsibilities.................. 339 Decision to Pursue 337 Foot Pursuit Guidelines 338 Initiating Officer Responsibilities.................. 338 Policy 337 Purpose and 337 Reporting Requirements 340 Responsibilities in Foot 338 Supervisor 339 G GENERAL ORDERS AND SPECIAL ORDERS Acceptance of General Orders and Special 23 Chief of Police Responsibilities....................... 22 Command Staff 22 Command Staff Responsibilities...................... 22 General Orders in Effect 23 General Orders Protocol 22 Purpose and 22 Special Orders in 23 Special Orders Protocol 22 GRIEVANCE PROCEDURES 490 Employee Representation 491 Grievance Audits 491 Grievance 491 490 Punitive Action 491 Purpose and 490 H HANDCUFFING AND RESTRAINTS POLICY Temporary Custody of Juveniles 119 HANDCUFFS AND LEG RESTRAINT DEVICES Application of Auxiliary Restraint Devices 54 Application of Handcuffs or Plastic Cuffs....... 53 Application of Leg 54 Application of Spit Hoods 53 Department Approved Devices Required........ 54 Department Authorized Devices Required...... 54 Discretionary 53 Guidelines for the Use of Leg Restraints......... 54 Handcuffing Guidelines 53 53 Leg Restraint Factors to 54 Medical 53 Medical Considerations 52 Monitoring 54 Monitoring the Subject 54 Policy 52 Positioning the Subject 54 Purpose and 52 Removing Handcuffs 53 Required Documentation 55 Required Notifications 53 Restraint of 52 Restraint of 53 Restraint of Pregnant 52 Supervisor 54 52 Transport 54 Transportation by 55 Use of Force 52 Use of 52 Waist or Belly Chains 54 HAZARDOUS MATERIAL RESPONSE 267 Purpose and 267 Index - 579 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Reporting Exposure 268 Responding to Hazardous 267 Supervisor 268 HEARING IMPAIRED/DISABLED COMMUNICATIONS ADA 205, 211 Arrests and Booking 210 Audio Recordings and Enlarged Print 207 Community 211 Community Volunteers 208 211 Custodial 210 205 Factors to Consider 206 Family and Friends 208 Field 209 Field 209 Initial and Immediate Considerations............ 206 Policy 205 Professional Standards 211 Purpose and 205 Qualified Interpreter Required for Victims and 210 Qualified Interpreters 207 Reporting Requirements 209 Service 209 211 TTY and Telecommunication Relay 208 Types of Assistance Available 207 Waivers 210 HOLDING FACILITY Access to Faith and Morals-Based Programs 459 Area 462 Attorneys and Bail Bondsmen 456 Audio and Visual Recording Equipment 450 Death of a 460 450 Detainable 451 Detainee Classification, Screening and Segregation 453 Detainee Escape Procedures 460 Detainee Transfers 459 Detention of Persons in the Holding Facility 450 Emergency Evacuation 461 Emergency 461 Emergency 462 Evacuation Formation 462 Evacuation Process 462 Facility Sanitation and Maintenance.............. 459 Fire and Life Safety 460 Food Service 455 Holding Cell Security 454 Holding Cell, Personal Hygiene and 455 Holding Facility 452 Holding Facility Procedures 454 Holding Facility 459 Medical 457 Medication 457 Monitoring and 452 Monitoring of Detainees 452 News Media 457 Non-Detainable 450 Orthopedic or Prosthetic 451 Post Escape Incident Notifications................. 460 Purpose and 450 Receipt of 454 Release of Detainee's Property 458 Release of 458 462 Security 454 Telephone 456 Temporary Detention of Adult Females 451 Temporary Detention of Juveniles 451 Use of Force to Prevent Escape or Capture 460 457 HOMELESS PERSONS Ecological Considerations 344 Field Contacts 343 Investigations Involving Homeless 343 Mental Illness and Mental Impairments 344 Personal 344 Policy 343 Purpose and 343 HOSTAGE AND BARRICADE INCIDENTS 272 Barricade 270 Command 271–272 Communications 269 Crisis Negotiators 272 269 Emergency 269 Emergency Communications Court Orders.... 270 270–271 First Responder Considerations..................... 270 Hostage 271 Incident 272 Medical Assistance 270–271 Mobile Field Force Commander............ 271–272 Mutual 272 Index - 580 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Notifications Required 270 Perimeters 270–271 Policy 269 Public Information 272 Purpose and 269 Rapid Response 271 Reporting Requirements 272 Required Notifications 271 Supervisor Response Required 270 Supervisor 271 Telecommunications 269 Use of Negotiators 269 HOSTAGE 290 I IDENTITY THEFT Information 194 Order of Factual 194 Preventive 194 Purpose and 194 Reporting 194 ILLNESS AND INJURY PREVENTION PROGRAM Duties and 238 Hazard 239 Police Officer Inspection Duties 239 Program Administration 238 Purpose and 238 Record Keeping 240 Reporting Workplace 239 Safety 239 Supervisor Notification 239 Support Services Captain Inspection 239 Training and 240 Training Topics 241 IMMIGRATION VIOLATIONS 294 Basis for 293 294 Considerations Prior to Reporting to 294 Detention 294 Enforcement 293 Identification 293 Immigration Violation Policy 293 Purpose and 293 Reporting Immigration 293 Supervisor Approval Required 294 U-Visa/T-Visa Non-Immigrant 295 Victim Services 295 IMPAIRED DRIVING Administrative 379 Aggravated Vehicular Unlawful Termination of a 374 Arrest and 377 Audio/Video Recordings of Forced Blood 376 Blood Samples 375 Blood Samples Without 376 Blood 374 Breath Samples 375 Breath Test Required for Those Under 21 374 Breath 374 Chemical 374 Choice of 374 Collecting Samples 377 Department of Public Health and Envrionment 377 Division of Motor 378 374 Exigent Circumstances for Blood Samples.... 376 Extraordinary 378 Field Sobriety 374 Forced Blood 376 Forced Blood Samples for 377 Forced Blood SamplesUse of Force 376 Medical Marijuana Registry Identification 378 Notice to Commercial Motor Vehicle 378 Officer Responsibilities 375, 378 Patrol Lieutenant Responsibilities 374–375 Police Records Section 379 Police Records Section Responsibilities........ 379 Police Records Supervisor Responsibilities 379 Policy 374 Preliminary 377 Professional Standards Unit Responsibilities 379 Purpose and 374 Refusals 375 Restrictions on Testing Suspects Under 374 Search Warrant for Blood 376 Statutory Notifications on Refusals to Test.... 375 Supervisor Actions for Forced Blood 376 Supervisor 376 Time to Collect 377 379 Unconscious or Deceased 378 Urine 375 Urine Tests 374 INCIDENT COMMAND SYSTEM Emergency Manager 51 Index - 581 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX National Incident Management 51 Purpose and 51 Required for All Police Operations and 51 Training 51 INJURED ANIMALS Euthanizing 79 Rabies or Chronic Wasting 80 INTERNAL AFFAIRS Personnel Complaints 509 INVESTIGATION AND PROSECUTION Case Solvability Factors 387 Custodial 386 Detective Section Supervisor Responsibilities 387 Follow Up 387 Initial Investigations 386 Lieutenant Responsibilities 388 Modification of Charges Filed 388 Persons With Communication Disabilities 387 Purpose and 386 388 J JUVENILE INFORMATION SHARING 249 Purpose and 249 JUVENILE SOCIAL SERVICE AGENCIES List Maintained in Police 116 JUVENILES Temporary 115 L LACTATION BREAK POLICY Lactation Break 536 Policy 536 Private 536 Purpose and 536 Storage of Expressed 537 LAW ENFORCEMENT AUTHORITY Arrest Authority Within City Jurisdiction 10 Arrest Warrants 10 Authority Outside of the City 10 Constitutional 11 Constitutional Rights 2 2 Crime Committed in Officer's Presence........... 10 Fresh Pursuit of Felony Subject Into Another State 11 Honesty 2 Interstate Peace Officer Powers 11 Law Enforcement Code of 10 Liberty, Equality and 2 Peace Officer Authority 10 Peace Officers 10 POST Academy 10 Probable 10 Public 2 Purpose and 10 State of Emergency Outside of City 11 LAW ENFORCEMENT CODE OF ETHICS 10 Duty 2 LAWFUL ORDERS Reasonable Effort to Comply Required........... 21 LEG RESTRAINT GUIDELINES Handcuffs and Leg Restraint 54 LEG RESTRAINTS Handcuffs and Leg Restraint 54 LEGAL PROCESS Documentation of 432 Police Authority Required for 432 Policy 432 Purpose and 432 LIMITED ENGLISH PROFICIENCY SERVICES 202 Audio Recordings 200 Authorized 200 Booking Process 203 Community Volunteers 201 203 Contact and Reporting Requirements............ 201 Custodial 203 198 Department of Human 202 Department of Justice Four Factor Analysis 199 Emergency Calls to 9-1-1 202 Field 202 Limited English Proficiency Coordinator...... 200 Limited English Proficiency Coordinator 198 Personnel Complaint 203 Policy 198 Purpose and 198 Qualified Bilingual 200 Receiving and Responding to Requests for Assistance 202 Sources of Authorized Interpreters................ 201 204 Training for Authorized Interpreters.............. 204 Types of Limited English Proficiency Assitance 200 Index - 582 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Written Forms and Guidelines 200 LINE OF DUTY DEATH NOTIFICATIONS Benefits Information and Assistance 248 245 Information Collection and Preparation......... 245 Liaison Officer 247 Making the 246 Policy 245 245 Providing Assistance and 246 Purpose and 245 M MAJOR INCIDENT NOTIFICATION Detective Section 189 Minimum Criteria for Notification 188 Policy 188 Public Information 189 Purpose and 188 Shift Sergeant Responsibilities 188 Staff 188 MARIJUANA Disciplinary Policy 158 MEAL BREAKS Meal Periods, Breaks and Workday Policies.... 50 MEAL PERIODS, BREAKS AND WORKDAY POLICIES 10 Hour 50 30 Minute Meal Break 50 60 Minute Meal 50 All Other 50 50 Limitations of Supervisor 50 Meal Breaks and Personal 50 Normal Business Hours 50 Personal 50 Police Officers, Corporal and Sergeants 50 Police Records Specialists 50 Purpose and 50 Supervisor Authority to Modify Schedule....... 50 MEDICAL MARIJUANA Additional Considerations 331 Colorado Department of Public Health and 331 Court Order Required to Destroy Medical 333 329 Documentation Required 330 332 Federal Law 332 330 Investigations Involving a Medical Use Claim by an Adult Who Has Been Issued a 331 Investigations Involving a Medical Use Claim by an Adult Who Has Not Been Issued a 330 Investigations Related to a Medical Use Claim by a 331 Investigations with No Medicinal Claim....... 330 Policy 329 Property and Evidence Supervisor 332 Prosecutor Review in Lieu of Making 331 Purpose and 329 Registry Identification Card 329 Releasing Marijuana to Federal Authorities 333 Returning 332 Six Plant 329 Two Ounce Limit 329 MENTAL HEALTH CIVIL COMMITMENT Releasing Seized Firearms or Other Deadly 427 MENTAL HEALTH CIVIL COMMITMENTS 72 Hour 277 277 Booking Firearms/Weapons into Evidence.... 279 Civil Commitment 278 Combative Persons 278 Conflict Resolution Techniques 278 Considerations and Responsibilities 278 Court Order Required for Return of 279 Criminal Offenses 278 277 278 Firearms and Other Deadly Weapons 279 277 Monitoring a Detained Adult or Juvenile 277 Officer Actions at Evaluation Facilities......... 278 Policy 277 Purpose and 277 Required Reports 279 Search Warrants 279 Searching for Firearms or Other Deadly 279 Seizing Firearms or Other Deadly Weapons 279 Supervisor 279 280 Transportation 277–278 Index - 583 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Use of a Police Vehicle for Transportation.... 278 Use of an Ambulance for 278 Use of Community Mediation Services......... 278 Voluntary Evaluation 277 MISSED MANDATORY TRAINING Employee Actions Required 28 MISSING PERSON 138 MISSING PERSONS Acceptance of 139 AMBER 140 At Risk 138 Broadcasting a 139 Case Closure 142 CBI Notifications 141 CCIC/NCIC Entries 141 Colorado Bureau of Investigations 141 Coroner 141 Detective Section Follow 141 Detective Section Responsibilities................. 141 Detective Sergeant Responsibilities....... 139, 142 Initial 139 Missing Person Networks 138 National Center for Missing and Exploited Children 140 Police Records Supervisor Responsibilities 141 Policy 138 Priority Investigation 138 Professional Standards 142 Purpose and 138 Records Section Responsibilities................... 140 Report Procedures and Routing 140 Reporting Requirements 140 Reports 140 Required Forms and Biological Sample Collection Kits 139 School 141 Supervisor 139 Supervisor Notification Required 140 Supervisor 140 Telecommunications Carrier Location Assistance 140 142 Unidentified 142 When a Missing Person is Found 141 MISSION 3 MOBILE AUDIO VIDEO Activation of the Mobile Audio Video 318 Cessation of 319 Copies of Original Recording media 321 318 Documenting 321 MAV Recordings as Evidence 322 MAV Technician Responsibilities.................. 322 Officer 318 Policy 318 Purpose and 318 Recording Media Storage and Integrity......... 321 Required 319 Review of MAV 320 Supervisor Responsibilities 320 System Operational 322 323 MOBILE DATA TERMINALS Documentation of Activity 324 Malfunctioning MDTs 325 MDT Use 324 MDT Use While Driving 324 Purpose and 324 Status 324 MOBILE FIELD FORCE 356 356 Membership 356 Mobile Field Force 356 Purpose and 356 Special 360 Tear Gas 58 VIP and Dignitary 359 MOBILE FIELD FORCE COMMANDER Tear Gas 58 MOBILE VIDEO RECORDER MDT 325 Review 320 MOTOR VEHICLE SELF-HELP REPOSSESSIONS Breach of the 358 Court Ordered Repossessions 358 Notification 358 Policy 358 Purpose and 358 MUNICIPAL COURT SECURITY PROCEDURES Annual Security 351 Firearm Lock 351 Firearms Lock 352 General 351 Security 351 Municipal Court 350 Prisoner Procedures 352 Prisoner/Attorney 352 Purpose and 350 Review of Facilities, Equipment and Plans.... 350 Security Screening Procedures 351 Use of Prisoner 352 Index - 584 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX MUTUAL AID AND OUTSIDE AGENCY ASSISTANCE Assist Other Agency Report Required........... 182 Assisting Outside Agencies 182 Assisting With Arrests 182 Hazardous Material Emergencies Mutual Aid 183 Mandatory 184 Purpose and 182 Reporting Requirements 183 Requesting Assistance from Outside 183 Supervisor Approval 182 Supervisor Notification Required 182 N NATIONAL INCIDENT BASED REPORTING SYSTEM Police Records Section 431 NEPOTISM AND EMPLOYMENT CONFLICTS 556 Employee 557 Personal Relationship Notification Requirements 556 Personal 556 Prohibited Personal Relationships 556 Purpose and 556 Restricted Duties and Assignments 557 Supervisor 558 NEWS MEDIA RELATIONS Media 170 Media Request for 170 Providing Advance Information 171 Purpose and 170 170 Restricted Information 172 Scope of Information Subject to Release....... 171 Temporary Flight Restrictions 171 O OATH OF 13 Purpose and 13 U.S. and Colorado Constitutions Upheld......... 13 OBTAINING AIR SUPPORT Purpose and 306 Requesting Air Support 306 Requesting Air Support from Another 306 Use of Air 306 OC SPRAY Must be Carried by Uniformed Personnel 58 OFF DUTY FIREARMS Approval 77 OFF DUTY LAW ENFORCEMENT ACTIONS Decision to 236 Incidents of Personal 237 Intervention Procedures 237 Off Duty 236 Other Considerations 237 Policy 236 Purpose and 236 Reporting Requirements 237 Supervisor 237 Support Staff Responsibilities........................ 237 OFFICER INVOLVED SHOOTING Adams County 67 Adams County Critical Incident 67, 69 69 Additional 68 Administrative 73 Administrative 67, 72 Administrative Investigation Procedure Policy 72 Administrative Investigator 72 Administrative 69 Administrative 71 Apprehension and Prosecution of Suspects..... 71 70–71 Audio and Video 74 Blood Sample for Alcohol/Drug Screening..... 72 BPD Officer in Another Jurisdiction................ 68 BPD Officer Within This Jurisdiction.............. 67 Civil 67 Civil Liability Response 73 Command Staff 69–70 Criminal Investigation 71 Criminal 67 Department Investigative 67–68 Detective Section 69, 71 Duties of Initial Officer Arriving on Scene...... 68 Duties of Initial On Scene Supervisor 69 Establish a 68 Handling Requests for Information 70 Identifying 72 Interviewing the Involved 71 Interviewing 72 Investigation Process 68 Investigation Responsibility 67 Investigation Responsibility 68 Investigative 71 Index - 585 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Involved Officer 69 Involved Officers 70 67 Legal Representation 70 Media Relations 70 Medical Considerations 68 Officer Respresentatives 73 Outside Agency's Officers Within This 67 Paid Administrative 70 Patrol Sergeant 69 Peer Counselors 70 Personnel Complaint Procedure Policy 72 Physical 70 Professional Standards 71–73 Purpose and 67 Releasing Audio and Video Recordings 74 Reports By Involved Officers 71 Required Notifications 69 Required Reports 71 Reviewing Audio and Video Recordings......... 74 Right to Consult with An 72 Securing the 68 Shooting Incident Criminal Investigation........ 71 Supervisor Approval of Reports 71 Supervisor Notification and Briefing 68 Supervisor Responsibilities 70–72 70 Transporting 72 Truth Verification 73 Types of Investigations 67 Use of Force 73 Use of Force Review 73 Voluntary Statements 71 Weld County 67 Weld County District Attorney 67, 69 Weld County Sheriff 67, 69 Witness Identification and Interviews.............. 72 OFFICER RESPONSE TO CALLS Activating Emergency Lights and 96 ADCOM Notification 95–97 ADCOM Radio Communications 96 Emergency Call Response 95 Emergency 94 Emergency Response Responsibilities of the Responding Officer 95 Emergency Response Special Conditions........ 96 Failure of Emergency Equipment 97 First Arriving Officer 96 Location Notifications 96 Non-Emergency 95 Number of Units 95 Officer 96 Operating Emergency Lights and 94 Probable 96 Purpose and 94 Requesting Emergency Assistance 95 Safety Considerations 94 Supervisor Decision 97 Supervisor 95 Supervisor Notifications 96–97 Supervisor 95–96 Supervisor 96 Supervisory 96 Traffic Enforcement 96 OFFICER SAFETY Domestic 107 ON DUTY INJURIES Captain or Lieutenant Responsibilities.......... 546 Chief of Police Responsibilities..................... 546 545 Employee 545 Employee to Report Initial Contact 547 Injury Not Requiring Medical Attention........ 546 No Settlement Without Prior Approval 547 Purpose and 545 Settlement of Injury 547 Supervisor 546 Work Related Injuries and 545 Workers Compensation Reports 545 OPERATIONS DIVISION Community Resource Unit 19 Detective Section 19 Mobile Field 19 19 Police 19 Police 19 Police Training 19 Victim Services 19 ORGANIZATIONAL STRUCTURE AND RESPONSIBILITY 21 Administrative 20 Community 19 Lawful 21 Operations Division 19 Organizational 19 Police Department Divisions 19 Problem Oriented 19 Purpose and 19 Succession of 20 Support Services Division 19 Unity of Command 20 Unlawful and Conflicting 21 ORGANIZATIONAL 3 Index - 586 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX OUTSIDE EMPLOYMENT Appeal of Denial for Outside Employment.... 541 Arrest Procedures on Overtime Assignment 543 Change in Outside Employment Status 543 541 Department Resources 543 Obtaining Approval 541 Outside Employment While on Diasbility or Administrative Leave 544 Outside Security 543 Prohibited Outside 542 Purpose and 541 Revocation/Suspension of an Approved Outside Employment Application 542 Special 543 OVERTIME PAYMENT REQUESTS Accounting for Overtime Worked 540 Accounting for Portions of an 540 Department Policy 539 Employee Responsibility 539 Purpose and 539 Requests for Overtime Compensation 539 Supervisor 539 Variation in Time 540 P PATROL FUNCTION Bulletin 254 Crime Analysis Unit 254 Crime 254 Crowds, Events and 254 Information Sharing Procedures 254 Patrol Briefings 254 Preventing Crime and Disorder 253 Purpose and 253 253 PATROL RIFLES 298 Authorized 298 Cruiser Ready 299 298 Discharge of the Patrol 299 Purpose and 298 Rifle 299 Rifle Maintenance and 298 Rifle Storage 299 298 PATROL SHIFT ASSIGNMENTS 255 255 Purpose and 255 PATROL SUPERVISORS 317 Purpose and 317 PAYROLL PROCEDURES Purpose and 538 Responsibility for Completion of Payroll Records 538 Time 538 PERIMETERS Crime Scenes and 262 PERSONAL APPEARANCE STANDARDS Body Piercing or 549 Facial 548 Grooming Standards 548 548 Jewelry and Accessories 548 Moustaches 548 Purpose and 548 Sideburns 548 549 PERSONAL BREAKS Meal Periods, Breaks and Workday Policies.... 50 PERSONAL COMMUNICATION DEVICES Comminications Not Secure 411 Department Issued 410 Official Use of Personal Communication 411 Personally Owned PCD 410 Policy 409 Privacy 409 Purpose and 409 Supervisor 411 411 Use of a PCD While Driving 411 Use of Personal Communication Devices...... 410 PERSONAL PROPERTY Loss Or Damage 408 PERSONNEL COMPLAINTS Acceptance of 510 Administrative Investigation Report 515 Administrative 513 Administrative 512 Administrative Leave Guidelines 512 Administrative Searches 514 Allegations of Criminal 513 Availability and Acceptance of Complaints.... 510 Availability of Personnel Complaint Forms 510 Chief of Police 512 Complaint 511 Completion of 516 Confidentiality 510 Index - 587 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Confidentiality of Personnel 516 509 Department of Human Resources Involvement 512 Disposition of Personnel Complaints 515 Expectation of 515 Garrity Rights 514 Notification of 517 Other Sources of 510 Professional Standards 513 Purpose and 509 Recordings 514 Removal of a 517 Sexual, Racial, Ethnic Harassment or Discrimination 512 Supervisor 511 Sustained Complaints 517 Unfounded, Exonerated or Not Sustained 517 Updated Policy Distribution 509 Withdrawn Complaints 516 PERSONNEL FILES Confidential Medical File 524 Confidentiality of All Personnel Files 524 522 Department File 522 Division File 523 Employee Access to Their Own Personnel File 525 Internal Affairs 523 Purging Of 525 Purpose and 522 Release of Confidential Information.............. 525 Requests For Disclosure 524 Training 524 Types, Location and Maintenance of Personnel 522 PERSONNEL RECORDS Department Copies of Personnel Records 38 Department of Human 38 Purpose and 38 PHYSICAL FITNESS ASSESSMENT 353 Purpose and 353 POLICE BICYCLE PATROL Bicycle Patrol Supervisor 334 Care and Use of Police 335 Officer 336 Policy 334 Purpose and 334 Selection of 334 335 Uniforms and 335 POLICE CHAPLAINS Chaplain 216 Clergy-Penitent Confidentiality 218 Duties and 217 Operational Guidelines 218 Police Chaplain Program 216 Policy 216 Purpose and 216 Selection Process 217 218 Uniforms and 218 POLICE DEPARTMENT DIVISIONS Administrative 19 Operations Division 19 Support Services Division 19 POLICE DEPARTMENT DIVISIONS 19 POLICE EXPLORERS Education 554 Orientation and 554 Program Advisors 554 Program Coordinator 554 Purpose and 554 Ride Along Procedures 555 POLICE FIREARMS Alcohol and 78 All Firearms Must be Approved 75 Alternatives for Dealing with 79 77 Ammunition Approval Required 77 Annual Firearms Inspections 80 Annual 81 Authorization Required to Carry Firearms 75 Authorized Ammunition for Secondary Firearms 76 Authorized Duty 76 Authorized Handgun Types and Calibers for Duty 76 Authorized Off Duty Firearm Calibers............ 77 Authorized Pistol Caliber Carbine Calibers for Duty 76 Authorized Rifle Type and Calibers for Duty Use 76 Authorized Secondary Firearms 76 Authorized Shotguns for Duty 76 Badge and ID Required for Off Duty Carry of 77 Carrying a Concealed Seconary Firearm......... 76 Carrying a Secondary 76 Carrying Firearms Out Of 82 Carrying Off Duty 77 Chief of Police Authorization Needed to Carry Firearms 75 Cleaning, Repairing, Loading Firearms........... 75 Index - 588 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Contingency Plans for Dealing with 79 Department Approved 81 Department Owned Rifles and Shotguns......... 76 Department Provided Rifles 76 Department Provided Shotguns 76 Destruction of 79 Euthanizing 79 Failing to Demonstrate Firearms Proficiency 79 Failure to 79 Firearm Qualification Required 76 Firearms Approval 75 Firearms Instructor 81 Firearms Not Permitted in 75 Firearms 78 Flying While Armed 81 Handguns for Duty Use 76 Injured Animals 79 Injured 80 Injury or Death to Any 80 Issuing Fresh 77 Loading and Unloading Rifles and Shotguns.... 75 Maintenance and Repair 81 Malfunctioning Firearms 75 Non-Qualification 79 Non-Standard Caliber 77 Off Duty Ammunition 77 Off Duty Firearm Inspection Required............ 77 Off Duty Firearms Approval Required............ 77 Optics or Laser Sight Approval Required........ 78 Optics or Laser 78 Out of State Carry in Restricted Areas 82 Personnally Owned Rifles and Shotguns......... 76 Practical Training Required 78 Professional Standards 78, 80 Purchasing a Secondary Firearm 76 Purpose and 75 Qualification Required for Off Duty Firearms 77 Qualification Required for Optics or Laser Sights 78 Qualification Required for Secondary Firearms 76 Quarterly Firearms Qualifications.................... 78 Rangemaster Duries 78 Rangemaster Duties 75, 80–81 Remedial Firearm Training 78 Remedial Firearms Training 79 Repair or Modification of Department Firearms 81 Repairs and Modifications to Personally Owned Weapons 81 Replacement Firearms 75 Report of Firearms 80 Restrictions on Certain Weapons in the 75 Retired Officer Concealed Firearm Permit 82 Safe Handling of 75 Safety Considerations 75 Special Purpose Ammunition 78 Standard Caliber 77 Storage of Department Related Firearms at Home and in Vehicles 76 Training Required 82 Training Required for Dealing with 79 Training Required on Encounters with 82 Transportation Security Administration........... 81 Use of Force 80 Use of Force Training 78 Using a Laser 78 Using the TASER on Animals 79 Warning 79 Written Report for Firearms Discharge............ 80 POLICE OFFICER SELECTION PROCESS Background 482 POLICE PATROL VEHICLES Canine 355 Purpose and 355 Required Equipment 355 Special Purpose Vehicles 355 Unmarked 355 POLICE RECORDS SECTION Abandoned Vehicle Storage Reporting.......... 384 Abuse of At-Risk Adults Reporting Requirements 123 Bias-Motivated 153 Bias-Motovated Crime 154 Criminal 313–314 Criminal Organizations Release of Information 315 Disposition of Traffic 381 Emergency Utility 297 Firearms Injury 190 Juvenile Information Sharing 249 List of Juvenile Social Service Agencies Maintained 116 Missing Persons 140–141 News Media 171 Petty Cash Funds 418 Processing 434 Protected Information 438 Purging Field Photographs and FI Cards....... 310 Registered Sex Offender Information............ 186 Index - 589 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Report Preparation 169 Sex Crime Victim Confidentiality.................. 389 Summons Auditing 222 Summons Handling and Processing 221 Summons To Be Served Box 111 Temporary Custody of Juveniles 116 Tornado Warning Siren Activation Sites 346 Tornado Warning Sirens Notifications........... 347 Towing 369 Traffic Accident Reporting 367 Vehicle Towing Responsibilities for the Records Section 369 POLICE RECORDS SECTION PROCEDURES Case Numbering 431 File 431 431 Purpose and 431 Records Management 431 Records Section 431 Records Supervisor Responsibilities 431 Report 431 Supervisor 431 POLICE RECORDS SPECIALIST Meal Periods, Breaks and Workday Policies.... 50 POLICE RECORDS SUPERVISOR Challenge to Criminal Offender Record........ 439 Domestic 111 Protected Information 437 Security of Protected Information Duties 438 POLICE RESERVE OFFICERS Appointment 178 Compensation 178 Concealed Weapons for Police Reserve 181 177 Duties of Police Reserve 178 Emergency 181 Employees Working as Reserve Officers....... 178 Field 179 Firearms 181 Identification of Police Reserve Officers 180 Investigations and 180 Oath of Office 178 Police Reserve Coordinator 179 Police Reserve Officer Assignments 178 Police Reserve Officer Evaluations 181 Police Reserve Officer Firearms Training and Qualifications 181 Police Reserve Officer Meetings 180 Policy 178 Purpose and 177 Selection and Appointment of Police Reserve 177 Selection 177 Supervision 179 Uniforms 180 POLICE TRAINING OFFICER PROGRAM Certificate of 305 305 Evaluation of PTO 305 304 Police Training 304 Police Training 303 Police Training 304 PTO 304 PTO 303 PTO Training 303 PTO's Supervisor 304 Purpose and 303 Required Training 304 Selection Process 303 POLICE TRAINING PROGRAM Police Academy Liaison 30 POLICE UNIFORM REGULATIONS Civilian Attire 552 Class A Uniform 551 Class B Uniform 551 Department Issued Identification................... 551 Insignia and 552 Mourning Badge 552 Optional Equipment- Maintenance and 553 Political Activities and Endorsements In Uniform 553 Purpose and 550 Specialized Unit 551 Uniform 551 Wearing and Condition of Uniform and 550 POLICY MANUAL Changing the Policy 17 Command Staff 16 Community 14 16 15 15 Discretion and Decision Making 14 Doing the Right Thing 14 Electronic Version 17 Golden Rule 14 Guidelines 15 Issuing the Policy 17 Law Enforcement Oath of Honor 15 Peelian 14 Index - 590 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Periodic Review Required 17 Purpose and 14 Quality 14 Responsibility for Knowing Policies 17 Revisions to 17 Suggesting Changes to the Policy Manual 17 Supervisor 17 POLITICAL ACTIVITY Purpose and 39 POST-APPLICATION NOTICE FOR TEAR GAS OR OC SPRAY Property Owner 58 PRISON RAPE ELIMINATION Administrative 473 Annual Data Reviews 474 Annual Training Required 476 Conclusions and 473 468 Detainee Notification of Zero Tolerance Policy 471 Employee Responsibilities 471 First Responders 472 Incident 474 472 Investigator Responsibilities 472 Policy 469 Prison Rape Elimination Act Coordinator..... 469 Prison Rape Elimination Act of 468 Professional Standards Unit Responsibilities 476 Purpose and 468 Records 475 Reporting Sexual Abuse and Harassment...... 471 Retaliation Prohibited 473 Review and 474 Sexual Assault and Sexual Abuse Victims 473 Supervisor Responsibilities 471 475 Zero Tolerance 469 PRIVATE PERSONS ARRESTS Advising Private Persons of the Arrest Process 196 Arrests by Private Persons 196 Officer 196 Purpose and 196 Reporting 197 PROBLEM ORIENTED 19 PROFESSIONAL STANDARDS Incident Command System Training 51 PROFESSIONAL STANDARDS UNIT Administrative 513 Annual Review of Training Plan Required...... 26 Annual Training Needs Assessment and Report 27 Annual Use of Force Training Required.......... 78 Anti-Retaliation Policy 494 Canine 104 Child Abuse 136 Child and Dependent Adult Safety Policy 226 Control Devices and Technique Training 60 Criminal Organizations Training 315 Developing TASER ® Training Program........ 66 Discriminatory Harassment 130 Emergency Restraint Chair Training 56 Firearms 80 Firearms Qualifications and Training 80 Firearms 82 Limited English Proficiency Training............ 204 Mental Health Civil Commitments 280 Missing Persons 142 Must Establish a Training Committee 27 Officer Involved 71–73 Periodic Analysis of TASER ® Use 64 Police Academy Laision 30 Police Training Program Responsibilities 30 Protected Information 439 Review of Training Committee Reports.......... 28 Search and Seizure Training 113 TASER ® Training 65 211 Training for Authorized Interpreters.............. 204 Training on Employee Speech, Expression and Social 567 Training Plan Required 26 Training Records Responsibilities 30 Training Required on Encounters with 82 Use of Force Training 47 Vehicle Pursuit Policy Review Required......... 93 Vehicle Pursuit Policy Training 93 PROMOTION AND TRANSFER POLICY Collateral Assignments Selection Process..... 489 General 488 Non-Supervisory Collateral Assignments...... 488 Promotional Specifications 489 Purpose and 488 Qualifications for Collateral Assignments..... 488 Supervisor 489 PROPERTY AND EVIDENCE PROCEDURES Abandoned 427 Annual Audit of Property and Evidence 430 Index - 591 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Annual Report of Abandoned Money 430 Authority to Release 425 Colorado Bureau of Investigation.................. 429 Court Orders 429 Criminalist 421–422 421 Detective Section Supervisor Actions 430 Disposition of DNA Evidence 429 Disposition of 427 Disposition of Victim DNA Evidence 429 Disputed Claims to 427 District Attorney 429 DNA 429 DNA Records Retention and Preservation 429 Entering the Property and Evidence Vault..... 421 Exceptional Dispositions 427 Exceptional 423 422 Expungement of DNA Evidence 429 Firearms Disposal: 90 Day Minimum Waiting Period 427 Firearms Held as Evidence 427 Firearms Owner Notification 427 Fireworks 423 Inspections of the Property and Evidence Section 430 Inventory of Property and Evidence Required Upon Personnel 430 Medical 332 Mental Health Civil Commitments and 279 Inspections 430 Narcotics and Dangerous Drugs 422 Notifications Required 428 Operations Division 421, 428 Packaging 424 Packaging Controlled 424 Packaging Of 423 Property and Evidence 421 Property and Evidence Custodians 421 Property and Evidence 421 Property and Evidence Section Evidence 421 Property and Evidence Section Security........ 421 Property and Evidence Supervisor Actions.... 428 Property and Evidence Technician 421–422 Property and Evidence Technician Actions.... 428 Property Booking Procedures 422 Property Control 424 Property 422 Purpose and 421 Recording of 424 Release and Disposal of 427 Release of 426 Releasing Firearms: CBI Instacheck 427 Releasing Firearms/Weapons Seized due to Mental Health Civil Commitments.............. 427 Report of Abandoned 430 Responsibilities of Other 425 Retention of Biological 428 Right of 424 State Treasurer to Receive Abandoned Money Report 430 Status of 425 Stolen or Embezzled Property 426 Sufficient Sample Preservation of DNA 428 Transfer of Evidence to Crime Laboratory.... 425 Unannounced Inspections of Property and 430 Unclaimed 428 PROPERTY AND EVIDENCE SECTION 106 Criminal 314 PROTECTED INFORMATION Access to Protected 438 Challenge to Criminal Offender Record........ 439 Challenge to Criminal Offender Record Process 439 Colorado Bureau of Investigation.................. 439 Criminal Security Information Services Security 438 437 Member Responsibilities 439 Police Records Section 438 Police Records 439 Police Records Supervisor Duties and 437 Policy 437 Purpose and 437 Release or Dissemination of Protected Information 438 Security of Protected 438 See also Police Records Section Supervisor 439 PUBLIC SAFETY CAMERA SYSTEM Media 219 Policy 219 219 Prohibited 219 Public and Other Agency 220 Purpose and 219 Recorded 219 Index - 592 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Review or Release of 220 219 PUPIL ARREST REPORTING Parental Notification 213 Pupil Arrest After Notification 213 Pupil Arrest Before 213 Pupil Arrest Notifications 213 Purpose and 213 R RACIAL/BIAS-BASED PROFILING Annual Review of 258 Annual Review 258 257 Educational 258 Investigating Complaints 258 Member Responsibility 257 Police Operations Captain Responsibilities.... 258 Policy 257 Providing Officer Business Cards to Citizens 257 Purpose and 257 Racial/Bias-Based Profiling Prohibited 257 Reason for Detention 257 Reporting Requirements 257 Reporting Traffic 258 Retaliatory Action Prohibited 258 Supervisor Responsibilities.................... 258–259 259 RANGEMASTER Control Devices and Techniques 57 80–81 Firearms 75 Firearms Qualifications Documentation 80 Police Firearms 75 TASER ® 65 RAPID RESPONSE AND DEPLOYMENT Advancing on a 290 Policy 290 290 Purpose and 290 RECRUITMENT AND SELECTION Applicant Qualifications 478 Background 483 City of Brighton Department of Human 482 Deception Detection Device 483 Employment 478 Police Officer Selection Process 482 Purpose and 478 Records 483 Staff and Specialist 483 Support Staff Selection 482 Techniques, Tools and 483 Veteran's 478 REGISTERED SEX OFFENDER INFORMATION Confidential 187 Contents of Registration 185 Discretionary 186 Dissemination of Public Information............. 186 Information Available Via the Internet 187 Manadatory 186 Mandatory 186 Monitoring of Registered 185 Notification Prior to Release or Discharge 187 Policy 185 Purpose and 185 185 Release Notifications 186 RELEASE OF RECORDS AND INFORMATION Processing 434 RELEASING FIREARMS Property and Evidence Procedures 427 RELINQUISHED FIREARMS AND AMMUNITION Department Involvement 112 REPORT PREPARATION Criminal Activity Reporting 167 Death 168 General Policy of Expeditious Reporting 169 General Policy of Handwritten Reports......... 169 General Use of Handwritten 169 Injury or Damage by City Personnel 168 Miscellaneous Injuries 168 Non-Criminal 167 Purpose and 167 Report Changes or 169 Report 169 Report Preparation 167 Required 167 REPORT RELEASE RESTRICTIONS Confidential 435 Contrary to the Public 435 Information Received From Safe2Tell 435 Intelligence and Security Measures 435 Other Records 436 Personnel 435 Records 435 Requests From Criminal Defendants............. 435 Sexual Assault Victim Information................ 435 Solicitation of Business Use 435 Index - 593 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Victim Compensation Information 435 Work Product 436 REPORTING EMPLOYEE CONVICTIONS Court 495 Criminal 495 Domestic Violence Convictions and Protection Orders 495 Purpose and 495 Reporting Procedure 495 REPORTING LAW ENFORCEMENT ACTIVITY OUTSIDE OF THE JURISDICTION Assisting Other 292 Law Enforcement Activity Outside the 292 Purpose and 292 REQUEST FOR CHANGE OF ASSIGNMENT 526 Purpose and 526 Supervisor's 526 RESPONSE TO BOMB CALLS Bomb Threat at Federal Facility or 276 Bomb Threat at Police Facility 274 Bomb Threat at Public/Private Facility 275 Bomb Threat Response Options 275 Bomb Threats Received by Telephone 274 Crime Scene 274 Evacuation or Search Assistance 275 Explosion/Bombing 273 Found Explosive/Suspect 273 Notification Responsibilities 275 274 Purpose and 273 Requests for Assistance 275 Scene Access 274 RESPONSIBILITY Authority of Assigned 21 RESTRICTIONS ON FIREARMS POSSESSION AND PURCHASES Domestic 112 RETIRED OFFICER CONCEALED WEAPON POLICY Carrying Firearms Out of 36 Concealed Weapon 36 Criminal Background Check Required............ 36 Firearms 35 Identification Card 36 Other Restrictions 36 Purpose and 35 Qualified 35 Retention of 37 Retired Officer Identification 36 Retired Officer Liability Waiver and 37 RIDE-ALONG POLICY 264 Cell Phone 265 Control of Ride-Along 266 Criminal History 265 Curfew for Juvenile 264 Eligibility 264 Firearms 265 News Media Communication Prohibited....... 265 Peace Officer Ride-Alongs 265 Procedure to Request a 264 Program 264 Program Responsibilities 265 Purpose and 264 Recordings and Photos 265 Suitable 265 ROLL CALL Preparing for Roll 260 Purpose and 260 Retention of Roll Call Training Records 260 Roll Call Training 260 S SAFETY PROCEDURES FOR KINETIC ENERGY PROJECTILE SHOTGUNS Deploying the Shotgun 60 Field Deployment 60 Inspections 60 Projectile Verification 60 Shotgun 60 SCHOOL EMPLOYEE ARREST REPORTING 212 Purpose and 212 SEARCH AND RESCUE Responsibility of the Brighton Fire Rescue District 25 SEARCH AND SEIZURE Community Caretaking Interests 113 Constitutional Rights 113 114 Forcible Entry 114 Incident to a Lawful 113 Policy 113 Professional Standards 113 Purpose and 113 Same Sex Searches 114 Search 113 Search Warrants 113 Searches 113 Index - 594 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Supervisor 113–114 Training 113 U.S. 113 Valid 113 Vehicle Searches 113 Warrantless Searches 113 SEARCH WARRANTS Crime and Disaster 262 SEAT BELT PROCEDURES 518 Inoperable Seat Belts 519 Purpose and 518 Transporting 518 Transporting 519 Vehicles Manufactured Without Seat Belts.... 519 SECONDARY FIREARMS Approval 76 Qualification 76 Rangemaster Inspection Required 76 Written Notice Required 77 SECURITY AND RELEASE OF RECORDS 433 Personal Identifying 436 Privacy and Security of 436 Public Request for 433 Purpose and 433 Records Supervisor Responsibilities 434 Redacting Social Security Numbers 435 Released Records to be 436 Report Release 435 Subpoena Duces 436 SECURITY AND RELEASE OF RECORDS POLICY Child Abuse 136 SENIOR CITIZEN AND DEVELOPMENTAL DISABILITIES ALERTS Criteria 146 146 147 SERVICE ANIMAL POLICY Purpose and 227 Service Animal 227 Staff Responsibilities 227 Use of Service Animals 227 SEX CRIME VICTIM'S RIGHTS Forensic Medical Examination 390 Investigation 389 Purpose and 389 Truth Verification 390 Victim Advocate Responsibilities.................. 389 Victim 389 SEXUAL HARASSMENT 127 Discriminatory Harassment 126 SIGHT AND SOUND SEPARATION Temporary Custody of Juveniles 118 SMOKING AND TOBACCO USE POLICY Additional 508 Employee 508 Policy 508 Purpose and 508 SPECIAL EVENTS Incident Action Plan 360 Mobile Field 360 Policy 360 SUCCESSION OF COMMAND 20 Chief of 20 Lieutenant 20 20 SUMMONS HANDLING AND PROCESSING 222 County Summons 221 Municipal Summons Corrections 221 Policy 221 Procedures for Officers 221 Procedures for Police 222 Purpose and 221 223 SUPERVISION AND STAFFING LEVELS 34 Minimum Police Staffing Levels 34 Minimum Staffing Levels 34 Purpose and 34 SUPPORT SERVICES CAPTAIN Use of Force Review Boards 48 SUPPORT SERVICES DIVISION Animal Control 20 Community Emergency Response Team 20 Firearms 20 Office of Emergency Management 20 Police Fleet 20 Police Records Section 19 Professional Standards 19 20 SWAT TEAM Requesting SWAT 356 T TASER ® GUIDELINES Actions Following 63 Application of the TASER 62 Index - 595 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX 64 63 Carrying Cartridges 61 Carrying TASER While in Uniform 61 Collateral Injuries Possible 62 Collecting Evidence of Use 63 Dangerous 63 Department Approved 61 Displaying the Electric 61 Documentation Required 62, 64 Elderly Persons or 62 Evidence Packaging 63 Flammable Agents 62 General Effectiveness 62 Handcuffed or Restrained 62 Holding Both TASER and Firearm 61 Issuance and Carrying TASER Devices 61 Limitation and 62 Low Body Mass 62 Medical 64 Medical Considerations 63 Medical 64 Multiple Applications of the TASER Device 63 Multiple Use of TASER Devices Prohibited.... 63 Off Duty 63 Onboard Memory Device Records 65 Photographs of Probe Sites 65 Policy 61 Pregnant 62 Professional Standards 64–66 Prohibited 63 Public Access to Device Usage Reports.......... 64 Purpose and 61 Reporting Requirements 64 Required Medical Treatment 65 Restricted Access Required 63 Spark 61 Special Deployment Considerations................ 62 Supervisor 64 Supervisor Notification Required 63 Supervisor 65 Targeting Considerations 63 TASER Device Form 64 61, 65 Training 66 Use of Force 64 Use of the TASER Device 62 Verbal and Visual 61 Witness 65 TEAR GAS OR OC USE Post-Application Notice for Tear Gas or OC 58 TELECOMMUNICATIONS CARRIER LOCATION ASSISTANCE Court 140 Without a Court Order for Missing Persons.... 140 TEMPORARY CUSTODY OF JUVENILES Arrest Warrants 117 Child Abuse Policy 117 Citations and 117 City Attorney Notification 120 Command Staff 120 Custody of Juvenile Non-Offenders 117 Custody of Juvenile 117 Custody of Juvenile Status Offenders............ 117 Custody of 116 Dealing With Juvenile 116 115 Detective Section Supervisor Notification..... 120 Exigent 117 Food and 119 Gender 120 Inspections 119 Interviewing or Interrogating Juvenile Suspects 120 Juvenile Custody 118 Juvenile Custody 117 Juvenile Custody 118 Juvenile 115 Juvenile 115 Juvenile Screening Team 118 Juvenile 117 Juveniles Who Should Not Be Held 116 Locked Enclosures Inspection and Monitoring 119 Medical Attention 116 Mental Health Assistance 116 Monitoring 120 Non-Secure 115 Parental Notification 120 Parental 117 Personal 119 Police Records Section 116 Policy 116 Purpose and 115 Random Visual 120 Release to Parents or Responsible Adult 117 Requirements for Custody of Juvenile 117 Restrained 120 Restrictions on Fingerprinting 121 Search Incident to 119 Secure Custody 115 Index - 596 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Sight and Sound 116, 118 Six Hour 117–118 Status Offender 116 Suicide Attempt, Death or Serious Injury 120 Suicide Risk 116 Supervisor 119 Supervisor Authorization Required 117 Supervisor 120 Supervisor Notification Required 118 Supervisor 120 Telephone 119 Temporary Custody Requirements 118 Transportation to Court, Detention Facility or 117 Use of Restraint 119 Violating a Law or Court 117 Welfare of Juvenile or Community Concerns 117 Written Promise to Appear 117 TEMPORARY MODIFIED-DUTY ASSIGNMENTS 562 Captain's Duties and Responsibilities............ 562 Department of Human 562 Employee 562 General 561 Mainenance of Certification and Training 563 Medical Examinations 563 Policy 561 563 Pregnancy 563 Probationary 563 561 Purpose and 561 Supervisor 562 TERRORISM Terrorism Liaison Officer 253 TERRORISM LIAISON OFFICER 235 Purpose and 235 Selection and Training 235 Terrorism Liaison Officer 235 TORNADO WARNING SIRENS 345 Purpose and 345 Required Notifications 347 Tordado 345 Tornado 345 Tornado Warning Sirens Activation Sites...... 346 Tornado Warning Sirens Activitation 346 Tornado Warning Sirens 347 Tornado Watch 345 Weather Notification Sources 345 TORNADO WARNING SIRENS ACTIVATION SITES 346 Emergency Management 346 Information 346 Police Command Staff 346 Police Records Section 346 TORNADO WARNING SIRENS NOTIFICATIONS 27J School District Administration................ 347 347 City Manager 347 City Public Information 347 Command Staff 347 Emergency Management 347 Fire District Command 347 Police Records Section 347 TRAFFIC ACCIDENT RESPONSE AND REPORTING Accident Investigation 366 Call Response 366 Injury or Fatality Traffic Accidents with Police Department 368 Lieutenant Responsibilities 367 Modifications to Traffic Accident Reports..... 367 Notification of Command 368 Officer Responsibilities 367 Purpose and 366 Reporting 367 Reporting Situations 367 Response Considerations 366 Taking Enforcement 367 Traffic Accident Reporting 367 Traffic Accidents Involving City Vehicles..... 367 Traffic Collisions Involving Injured 368 Traffic Collisions with Other City Employees or City 368 Updating Colorado Traffic Accident Reporting Manual 367 TRAFFIC CITATIONS Correction of Municipal Traffic Citations 381 County Court Traffic Citations 381 Dismissal of Traffic Citations 380 Disposition of Traffic 381 Juvenile 381 Notice of Parking Violation Appeal 381 Police Records Section 380–381 Purpose and 380 380 Voiding Traffic 380 TRAFFIC ENFORCEMENT Index - 597 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Care and Storage of High Visibility Vests 364 Enforcement 363 High Visibility Vests 364 High Visibility Vests; Required Use 364 Physical Arrests 363 Professional Standards Unit 364 Purpose and 362 Refusal to Sign Traffic Citation 363 Suspended or Revoked Driver's License 364 Traffic Citation Court Jurisdiction 363 Traffic Citations 363 Traffic Enforcement Deployment 362 Warnings and Stops Without Citation or 363 TRAFFIC STOPS Providing Officer Business Cards to Citizens 257 TRAINING Animal Behavior Training 79 Annual Training for Bias Motivated 154 Annual Training for Discriminatory Harassment 130 Annual Use of Force Training Required.......... 78 Anti-Retaliation Policy 494 Automated License Plate Readers 341 Brady Material Disclosure 404 Canine Team 104 Canine 98, 102 Canine Training for 104 Canine Training Records 104 CERT 231 Child Abuse 136 Communicable 502 Community 251 Community 251 Continued Training for 104 Control Devices and Techniques 57, 60 Criminal 315 Criminal Street 315 Custodial 467 Daily Training Bulletins 30 Emergency Alert System 244 Emergency Operations 25 Emergency Operations Training 243 Emergency Restraint 56 Employee Speech, Expression and Social Networking 567 Encounters with 82 Firearms 78 Flying While Armed 81 Illness and injury Prevention Training 241 Ilness and Injury Prevention Training............ 240 Impaired Driving 379 Incident Command 51 Investigation and 388 Limited English Proficiency Services............ 204 Patrol 298 Personal Communication 411 Police Bicycle Patrol 335 Police Chaplain Training 218 Police 554 Police Firearms 75 Police Records Supervisor Training 431 Police Reserve Officer Firearms Training 181 Police Reserve Officer 232 Police Reserve Officers Field Training.......... 179 Police Training Officer Program 303 Police Training Officer Training Course........ 303 Police Training 30 Prison Rape Elimination 475 Problem Oriented 251 Professional Standards Unit 56, 104, 204 Professional Standards Unit Responsibilities............ 184, 218, 240–241, 260 Protected Information 439 Pursuit Driving 93 Quarterly Firearms Qualifications.................... 78 Report Writing 167 Roll Call Training 260 Roll Call Training Records 260 Search and 113 Search and Seizure Training 113 Summons Handling and Processing 223 Support Services Division 20 TASER ® Devices 61, 65 Terrorism Liaison Officer 235 Training 30 Use of 47 Vehicle Pursuit Intervention Actions 91 Volunteer Training 231 TRAINING AND COUSELING Training and Counseling as a Component of 155 TRAINING COMMITTEE Membership 27 Required Actions 27 Reviews 28 TRAINING COMPENSATION, TRAVEL TIME AND VEHICLE USE Considerations for Traveling To Training Classes 29 Documentation Required 29 Flex 28 Homework Not 28 Index - 598 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Lodging and Daily Expense Compensation..... 29 Mileage Reimbursement for Personal 29 28 Recording Actual Hours 29 Six County Denver Metro 29 Training More Than 60 Miles From the 29 Traveling From Personal Residence 29 Use of a Personal Vehicle 29 Use of Department 29 TRAINING FOR AUTHORIZED INTERPRETERS Community 204 TRAINING PLAN Requirements 26 TRAINING POLICY Continuing Education and 26 Daily Training 30 Department Mandated 27 Federally Mandated 27 Mandated 27 Police Academy For Police Officers 26 Police Training 30 Police Training 30 POST Requirements 26 Pre-Appointment Training of Police 26 Professional Standards 27, 30 Professional Standards Unit 26 Purpose and 26 State Mandated 27 Training 27 Training Compensation, Travel Time and Vehicle Use 28 Training Needs 27 Training 26 Training 26 Training Plan 26 Training 28 Training 30 TRAINING PROCEDURES Authorized Excused 28 TRANSPORTATION SECURITY ADMINISTRATION Flying While Armed 81 U UNDERCOVER AND DECOY OPERATIONS North Metro Task 405 Procedure 405 Purpose and 405 UNIFORMED PERSONNEL Must Carry OC Spray 58 UNIFORMS Police Uniform 550 UNLAWFUL AND CONFLICTING ORDERS Countermanding 21 Responsibility 21 Supervisor 21 USE OF AUDIO/VIDEO RECORDERS Activating Recorders 326 Activation of the Portable Recorder 326 Policy 326 Privacy 326 Prohibited Use of Audio/Video Recorders 327 Purpose and 326 Release of 328 Retention of Recordings 327 Retention 327 Review of Recorded Media 328 Surreptitiious Use of the Audio/Video 327 Surreptitious Recording 326 USE OF FORCE Authorization to Carry a Firearm in the Line of 42 Chief of Police 48 Deadly 42 Deadly Force Applications 44 Defending Self or Others 43 42 43 Duty to 42 Excessive Force 43 Excited 46 Factors Used to Determine the Reasonableness of 44 Fleeing Felon 43 Force 42 Improvised Device or Method 43 Medical 46 Medical Considerations 46 Medical 46 Officer Instruction Required 42 Pain Compliance 44 Policy 42 Professional Standards 47 Purpose and 42 Reasonable and 43 Reasonable 43 Index - 599 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Reporting Excessive of Force Required 42 Reporting Excessive Use of 43 Reporting Potential Civil Litigation 47 Reporting the Use of 45 Serious Bodily 42 Shift Sergeant 47 Shooting At or From Moving Vehicles............ 45 Supervisor Interviews 46 Supervisor 45 Supervisor 46 Temporary Administrative Assignment........... 48 To Effect and 43 Use of Force 43 Use of Force Policies 42 Use of Force To Effect an Arrest 43 Written Notification of Excessive Use of Force 43 USE OF FORCE POLICY Control Devices and Techniques 57 USE OF FORCE REPORT REQUIRED Emergency Restraint 56 USE OF FORCE REVIEW BOARDS Chief's Findings 49 Composition of the 48 Death or Serious 48 49 Findings 49 Majority Vote 49 Notification of Incidents 48 Policy 48 Purpose and 48 Removal From Line Duty Assignment............ 48 Responsibilities of the 49 Review 48 Review Board Chairperson 49 Support Services 48 Written Recommendation 49 V VEHICLE IMPOUND HEARINGS Hearing 372 Purpose and 372 Stored or Impound Hearing 372 VEHICLE MAINTENANCE Civilian Use of Marked Patrol Vehicles......... 413 Defective Vehicles 412 Patrol Vehicle Maintenance 412 Patrol Vehicle Refueling 413 Purpose and 412 Removal of Weapons During 412 Removing Vehicles From 412 Severe Use 412 Unmarked Vehicle 413 Vehicle 412 Washing and Cleaning of Vehicles 413 VEHICLE PURSUIT POLICY Actions at Stop Signs and Red Traffic Light 87 ADCOM Notification 86, 88 ADCOM 89 Annual Policy Review 93 Assisting Other 90 Assumption of Pursuit by Another Agency..... 90 Authority to Initiate a Pursuit 84 Authorized Emergency Vehicle 84 Blocking a 91 Capture of 92 Chief of Police 93 Command Staff 93 Communications 89 Deadly 91 83 Due Regard and Caution for the Safety of 84 Field Supervisor Responsibilities 88 Grave, Imminent 84 Identity of the Suspect 84 Interjurisdictional Considerations.................... 89 Intervention Standards 91 Limitation of Number of Police Units Involved 86 Loss of Pursued 89 Marked Police Vehicles Should be Used 86 Officers 86 Need for Immediate 84 Notifying Other 89 Notifying Other Law Enforcement 88 Notifying the Colorado State 88 Notifying the Patrol 89 Officer 83 Officer Responsibilities 84 Paralleling of Pursuit Route Prohibited 88 Patrol Sergeant Responsibilities 89 Philosophy 83 PIT 91 Policy Review Required 93 Post Pursuit Critique and Analysis 89 Primary Unit 86 Professional Standards 93 Purpose and 83 Pursuit Driving Tactics 87 Pursuit 91 Pursuit Trailing 88 Pursuit Units 86 Pursuits Entering Into This Jurisdiction........... 90 Index - 600 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Ramming a 92 Regular and Periodic Pursuit Training 93 Reporting and Review Requirements 92 Reports Required 89 Reports Required by Primary Officer 92 92 Safety of the 83–84 Secondary Unit Responsibilities...................... 87 Serious Threat to Public 84 Seriousness of the Crime 84 Speed Limits 86 Supervisor Responsibilities........................ 90–92 Supervisory Control and Responsibilities........ 88 Tactics/Procedures for Units Not Involved in the Pursuit 88 Terminating a 85 Terminating the 88 Tire Deflation Devices 92 Totality of the Circumstances 83 Training Required 91 Use of 91 Use of 83, 91 Vehicles Without Emergency Equipment 86 Warning Cross 87 Weather, Traffic and Road Conditions............. 85 When Pursuit Intervention Use Is 91 When to Initiate a Pursuit 84 VEHICLE TOWING AND RELEASE POLICY 369 Completion of Vehicle Impound/Storage 369 Driving a Non-City Vehicle 369 Preservation of Evidence 371 Purpose and 369 Records Section 369 Records Section Responsibility 369 Removal of Vehicle Disabled in a Traffic 369 369 Security of Vehicles and 371 Towing at Arrests 370 Towing 369 Towing 370 Vehicle 371 VEHICLE USE Accessories and/or Modifications.................. 417 Accidents Involving Serious Injury or 417 Administrative Investigation of Vehicle 417 Assigned 415 Authorized 415 Detective Section 415 Enforcement Actions Outside of the 416 Maintenance and 417 415 Policy 414 Privacy 415 Purpose and 414 Reporting Damage and Mechanical Problems 414 Shift Assigned Vehicles 414 Supervisor Approval Required 414–415 Supervisor Inspections Required 417 Supervisor Notification Required 414, 417 Take Home Vehicles 414 Toll Road 417 Traffic 417 Unmarked 414 Unscheduled Use of 414 Use of Vehicles 414 Vehicle Damage, Abuse and 417 Vehicle Inspections After Transporting a Prisoner or Suspect 415 Vehicle Keys 416 VICTIM ADVOCATE CALL OUT Immediate 151 Notification 151 151 Purpose and 151 Response Times 151 Safety Procedures for Victim Advocates 151 Victim Advocate 151 VICTIM ADVOCATES Child and Dependent Adult Safety Policy..... 226 Domestic 109 Sex Crime Victim Rights 389 VICTIM ASSISTANCE PROGRAM Colorado Organization for Victim Assistance 150 Community 149 Landlord-Tenant Agreements 150 Mandatory Victim Advocate Call 149 Officer 148 Policy 148 Protecting Victims From 149 Purpose and 148 Sex Assault 149 Specific Requirements Regarding Victims 149 Specific Requirements Regarding Witnesses 150 Substitute Address and Confidential Mail 150 Index - 601 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC ---PAGE BREAK--- Brighton Police Department Policy Manual INDEX Victim Advocates 148 Victim 150 Victim 149 Victim Information and Notification Everyday 150 Victim Information Handouts 149 Victim Services 148–149 Victim Services Coordinator Duties 148 Victim Services 148 Victims Rights 150 Witness 150 Witness Information Handouts 150 Witness Protection 149 Witnesses 150 VICTIM NOTIFICATIONS Domestic 108 VICTIM SERVICES COORDINATOR U-Visa Non-Immigrant Status 295 VICTIMS Aircraft Crashes 300 Bias Motivated Crimes 153 Bias-Motivated 153 Colorado Victim Rights 389 Crime Analysis 420 Crime and Disaster Scene Integrity 262 Crime Victim 295 Death 192 Domestic Violence 107 Domestic Violence Investigations.................. 107 Domestic Violence Victim Assistance........... 109 Explosion/Bombing 274 Homeless Persons 343 Identity Theft Federal 194 Identity Theft 194 Initial Investigations 386 Juvenile Sex Crime Victim Confidentiality 389 Juvenile 172 Property Belonging to Crime 426 Report 167 Ride-Along Policy 266 Sex Crime Victim Confidentiality.................. 389 Sex Crime Victim Forensic Medical 390 Sex Crime Victim's 389 Truth Verification 390 Victim Advocate Responsibilities in Sex 389 Victim Services 19 Victim's 389 VIP AND DIGNITARY PROTECTION........... 359 Mobile Field 359 Policy 359 VOLUNTEER PROGRAM Confidentiality 233 229 Disciplinary Procedures and Termination...... 234 Dress 232 Emergency Call Out for Volunteer 234 Employees Serving as Police Reserve 231 234 Exit 234 Fitness for Duty 232 Property and Equipment 233 Purpose and 229 Radio and MDT Usage 234 230 Screening and Background Checks 230 Selection and Placement 231 Supervision of 232 231 Vehicle Use 233 Volunteer Coordinators 230 Volunteer Eligibility Requirements................ 229 Volunteer Management 230 W WARNING SHOTS Restrictions 79 WORKDAY POLICIES Meal Breaks 50 Personal 50 Index - 602 Adopted: 2014/02/24 © 1995-2014 Lexipol, LLC