Compliance Measures for Use of Force Recommendations

The SFPD must commit to reviewing and understanding the reasons for the disparate use of deadly force. Specifically, SFPD needs to: 

• partner with a research institution to evaluate the circumstances that give rise to deadly force, particularly those circumstances involving persons of color;
• develop and enhance relationships in those communities most impacted by deadly officer-involved shootings and monitor trends in calls for service and community complaints to ensure appropriate police interaction occurs as a matter of routine police engagement;
• provide ongoing training for officers throughout the department on how to assess and engage in encounters involving conflict with a potential for use of force with a goal of minimizing the level of force needed to successfully and safely resolve such incidents.

Compliance Measures

1. Commit to reviewing and understanding the reasons for the disparate use of deadly force.
2. Partner with research institution to evaluate the circumstances that give rise to deadly force, particularly those circumstances involving persons of color.
3. Establish regular and continuous relationships with the goal of enhancing those relationships in communities most impacted by deadly officer-involved shootings.
4. Monitor calls for service and community complaints to ensure appropriate police interaction occurs as a matter of routine police engagement.
5. Provide on-going evidence-based training for officers throughout the department on how to assess and engage in encounters involving conflict with a potential for use of force with a goal of minimizing the level of force.
6. Continual review/improvement loop to assess goal outcomes.

The SFPD must work with the City and County of San Francisco to develop a process that provides for timely, transparent, and factual outcomes for officer-involved shooting incidents.

Compliance Measures

1. Work with the City and County of San Francisco to develop a process.
2. Timely, transparent and factual outcomes for OIS investigation.
3. Continual review/improvement loop to verify.

The Police Commission, SFPD leadership, and elected officials should work quickly and proactively to ensure that the department is ready to issue these use of force policies and procedures to all department employees immediately following the collective bargaining meet-and-confer process. The process should not be drawn out, because the goal should be immediate implementation once it has been completed.

Compliance Measures

1. Work quickly and proactively on issuance of use of force policies and procedures.
2. Issue use of force policies and procedures to all department employees immediately after meet-and-confer process
3. Immediate implementation of use of force policies and procedures following issuance.

The SFPD should work with the Police Commission to obtain input from the stakeholder groups and conduct an after-action review of the meet-and-confer process to identify ways to improve input and expedite the process in the future for other policy development.

Compliance Measures

1. Work with the Police Commission.
2. Obtain input from all relevant stakeholder groups.
3. Conduct an after-action review of the meet-and-confer process
4. Identify ways to improve input and expedite the process in the future for other policy development and implementation.

The SFPD needs to create an electronic use of force reporting system so that data can be captured in real time.

Compliance Measures

1. Create an electronic use of force reporting system that is informed by contemporary policing best practices.
2. Capture use of force data in real time, as practical.

In developing an electronic reporting system, the SFPD must review current practice regarding reporting use of force, including reporting on level of resistance by the individual, level and escalation of control tactics used by the officer, and sequencing of the individual’s resistance and control by the officer.

Compliance Measures

1. Review and align current practice regarding reporting use of force in light of contemporary policing best practices.
2. Review and align current practice on reporting level of resistance by the individual in light of contemporary policing best practices.
3. Review and align current practice on reporting escalation of control tactics used by the officer, including level of force, in light of contemporary policing best practices.
4. Review and align current practice on reporting level of force used in response to resistance, in light of contemporary policing best practices.
5. Review and align current practice of reporting the sequencing of the individual’s resistance and control by the officer in light of contemporary policing best practices.
6. Use the review to develop an appropriate use of force reporting system concurrent with Rec #4.1, that is informed by contemporary policing best practices.

In the interim, the SFPD should implement the use of force report that is under development within the Early Intervention System Unit and require that it be completed for every use of force incident. The assessment team identified this report to be a good start to a robust reporting system for use of force incidents in the SFPD. The SFPD should eliminate the Use of Force Log (SFPD 128 (Rev. 03/16)).

Compliance Measures

1. Implement EIS unit use of force report.
2. Require completion of use of force form for every use of force incident.
3. Eliminate the Use of Force Log [SFPD 128 (Rev. 03/16)].
4. Periodic audits until automated reporting system is fully operational.
5. Eliminate use of EIS report with the introduction of the electronic form.

To facilitate the implementation of recommendation 4.3, a training bulletin describing the form, its purpose, and how to accurately complete it should accompany the form introduction. The bulletin should be implemented within 90 days of the issuance of this report.

Compliance Measures

1. Issue a training bulletin describing the use of force reporting form and its purpose.
2. Instructions for accurate form completion included when form is issued.
3. Training bulletin issued within 90 days of 10/12/16. (January 12, 2017).

The SFPD should continue the manual entry of use of force data until the electronic use of force report is operational. To ensure consistency and accuracy in the data, this entry should be conducted in a single unit rather than in multiple units.

Compliance Measures

1. Continue manual entry of use of force data until electronic use of force report is operational.
2. Use of force data entered by a single unit.
3. Ensure consistency and accuracy in the data.

The SFPD should audit use of force data on a quarterly basis and hold supervisors accountable for ongoing deficiencies.

Compliance Measures

1. Audit use of force data on a quarterly basis.
2. Hold supervisors accountable for ongoing deficiencies with data accuracy and reporting of data.
3. Evidence of remedial action if deficiencies are found.

The SFPD should assign the Training and Education Division to synthesize the issues emerging from the use of force reports and create announcements for roll call on emerging trends. The announcements can include scenarios from incidents that were troubling or complicated in some way and encourage officers to discuss with one another in advance how they would communicate and approach such situations.

Compliance Measures

1. SFPD Training and Education Division report and analysis (synthesis) of the issues emerging from the quarterly use of force reports.
2. Evidence of roll-call/line-up announcements on emerging use of force trends resulting from analysis.
3. Evidence that the announcements are educational and scenario-based in a way that encourages officer to engage in discussion regarding the use of force.
4. Continual review/improvement loop to advance knowledge and information.

The SFPD needs to develop and train to a consistent reporting policy for use of force.

Compliance Measures

1. Develop a policy that provides consistent use of force reporting.
2. Ensure training is consistent with the use of force reporting policy.
3. Audit to ensure consistent reporting of use of force incidents.
4. Evidence of remedial measures (training, discipline etc.) if deficiencies are found.

The SFPD needs to hold supervisors and officers accountable for failure to properly document use of force incidents.

Compliance Measures

1. Process established for ensuring supervisors and officers properly document use of force incidents.
2. Accountability for not properly documenting use of force incidents.
3. Evidence of remedial action if deficiencies are found.

The Training and Education Division should adopt and implement a formal Learning Needs Assessment model that identifies and prioritizes training needs and should subsequently design and present them in the most effective and efficient ways possible.

Compliance Measures

1. Adopt and implement a formal Learning Needs Assessment (LNA) model as it applies to use of force.
2. Identify and prioritize training needs.
3. Design, implement, and present training priorities effectively and efficiently.
4. Continual review/improvement loop that relies upon the LNA model.

To support policies mandated through recent Department Bulletins, as well as to ensure implementation of best practices and policies outlined in the Final Report of the President’s Task Force of 21st Century Policing, the SFPD’s Training and Education Division should prepare training on the following topics at minimum: 

• Enhanced de-escalation
• Sanctity of life
• Enhanced service-oriented interactions with homeless individuals
• Improved dispatch protocols for cases requiring Crisis Intervention Team response

Compliance Measures

1. Prepare training based on enhanced de-escalation, sanctity of life, interactions with homeless individuals, and Crisis Intervention Team activities, that are based on best practices and policies as outlined in best practices in the 21st Century Policing report.
2. Evidence of continual improvement loop e.g. feedback is collected, considered, and adjustments made when warranted).

SFPD training records should be fully automated and training data easily accessible.

Compliance Measures

1. Ensure that training records fully automated.
2. Ensure that training data easily accessible.
3. Periodic audits of training system for accuracy of records.

The SFPD must develop a policy on the use of the 36-inch baton for the use of interacting with individuals with edged weapons. The policy should also dictate the proper handling of the baton, and the policy should dictate when it is appropriate to use a two-hand stance and when a one-hand approach is needed.

Compliance Measures

1. Develop policy on use of 36-inch baton with individuals with edged weapons.
2. Ensure the policy effectively dictates the proper handling of the baton.
3. Ensure the policy offers sufficient and appropriate guidance on when to use a onehanded and two-handed approach.

The SFPD must develop training on the use of the 36-inch baton for the use of interacting with individuals with edged weapons. Once developed, the training should be deployed to all officers.

Compliance Measures

1. Develop effective training on use of the 36- inch baton for edged weapon interactions.
2. Deploy training to all officers.
3. Audit to ensure all officers have been trained.

The SFPD should prohibit the use of the 36-inch baton until all officers are properly trained in its intended field use.

Compliance Measures

1. The department prohibited use of the 36- inch baton until all officers were trained in its use.

The SFPD should immediately require supervisors to respond to events in which officers use force instruments or cause injury regardless of whether there is a complaint of injury by the individual. This will allow the department greater oversight of its use of force.

Compliance Measures

1. Immediately require supervisors to respond to events involving officers using instruments of force.
2. Immediately require supervisors to respond to incidents involving injury.
3. Evidence of continual audit/improvement loop.
4. Evidence of supportive and remedial actions if deficiencies are found.

Supervisors should be held accountable for ensuring accurate and complete entry for all use of force data reporting.

Compliance Measures

1. Policy holding supervisors accountable for accurate and complete entry of use of force reporting data.
2. Evidence of ongoing audit/continual improvement loop.
3. Evidence of supportive and remedial actions if deficiencies are found.

Supervisors should be required to document their actions regarding the investigation of the use of force incident within the incident report. As recommended in this section (recommendation 3.2), a stand-alone use of force report should be developed and, when completed, should contain a section for supervisory actions relative to the incident and signature.

Compliance Measures

1. Supervisors trained on use of force documentation.
2. Electronic report contains section to memorialize supervisory action and appropriate digital acknowledgement.
3. Ongoing audit/continual improvement loop.
4. Evidence of supportive and remedial actions if deficiencies are found.

The SFPD should work with the Department of Emergency Management to provide it with primary responsibility for timely notification to all stakeholders on the call-out list used immediately after an officer-involved shooting incident.

Compliance Measures

1. Work with DEM to establish protocols and practices for call-out notifications.
2. Provide DEM primary responsibility for timely OIS notifications to all stakeholders.
3. Audit timeliness and consistency of OIS notification to all stakeholders following officer-involved shooting

Until the Department of Emergency Management protocol is established, when activating the protocols for notification following an officer-involved shooting incident the Operations Center should notify representatives of IAD, the District Attorney’s Office, and OCC with no lag time occurring in any of the notifications. The Operations Center log for notifications should be included as part of the investigation report case file to accurately and fully depict notifications.

Compliance Measures

1. Operations Center is providing notifications to IAD, DAO and DPA without any lag time.
2. Timely notification to any responding entity.
3. Notification log included in the investigative report file. 4 Audit investigative case files for log attachment.
4. Supervisory review of OIS notifications.

All notified responders should be required to notify the Department of Emergency Management of the time of their arrival. This will create a comprehensive permanent record of the time of notifications and responses of the units to the scene.

Compliance Measures

1. Policy requiring all notified OIS responders to notify DEM of time of arrival at scene.
2. Permanent record of notifications maintained.
3. Evidence of continual review/improvement loop.
4. Evidence of supportive and remedial actions if deficiencies are found.

The SFPD should explore the option for timely electronic notification to all oversight partners.

Compliance Measures

1. Explore electronic notification.
2. If accepted, electronic notification is sent to all partners.
3. If not, record of decision.

The SFPD should establish a formal protocol to ensure that a representative of the Homicide Detail provides OCC and District Attorney’s Office investigators a timely briefing about the facts of the case and to make arrangements for a formal walk-through or gain investigative access to the incident scene as soon as possible. The highest-ranking officer on the scene should be responsible for ensuring compliance with this recommendation.

Compliance Measures

1. SFPD establish formal protocol regarding Homicide Detail responsibility to provide OIS briefings.
2. Homicide Detail provides timely briefing to DPA and DAO.
3. Homicide Detail arrange formal walk-through or access to incident scene as soon as possible.
4. SFPD highest-ranking Homicide Detail officer on-scene responsible for ensuring that Homicide Detail is providing timely briefings.
5. Supervisory engagement and review. 6 Continual review/improvement loop.

The SFPD should work with its accountability partners the OCC and the District Attorney’s Office in officer-involved shootings to develop a formal training program in which representatives of the District Attorney’s Office, SFPD Homicide Detail, and the OCC engage in regular training regarding best practices for investigating such cases. This training should be developed and implemented within 120 days of the issuance of this report.

Compliance Measures

1. Work with DPA and DAO.
2. Develop formal training program that includes and is informed by best practices for investigating OIS cases.
3. Include representatives of the District Attorney’s Office, SFPD Homicide Detail, and the OCC in the formal training program.
4. Implemented within 120 days (February 12, 2017).

The SFPD should update the Department General Order 3.10 – Firearm Discharge Review Board to require written evaluation of policy, training, and tactical considerations of discharge incidents, specifically identifying whether the incident was influenced by a failure of policy, training, or tactics and should include recommendations for addressing any issues identified.

Compliance Measures

1. Update DGO 3.10 to be informed by contemporary policing best practices.
2. Require written evaluation of policy, training and tactical considerations.
3. Written evaluations include the Identification of influencing factors on the incident (failure of policy, training, or tactics)
4. Determine and report recommendations for addressing any identified issues that influenced the discharge.
5. Evidence of supportive and remedial action if deficiencies are found.
6. Ongoing review and oversight by FDRB.

The SFPD should update existing programs and develop training to address policy gaps and lessons learned. The Training and Education Division should work with the FDRB and Homicide Detail to create a presentation to inform department personnel about key issues that contribute to officer discharge incidents and to help mitigate the need for firearm discharge incidents.

Compliance Measures

1. Coordination amongst the identified groups to ensure the outcomes for this recommendation.
2. Ongoing review of discharge incidents.
3. Update of existing programs or policies, as needed
4. Develop training to address policy gaps and lessons learned when needed.
5. Evidence of presentations aimed at informing SFPD members.
6. Review to determine impact of training on OIS.

The SFPD should update the DGO to ensure that the FDRB is staffed with a Training and Education Division representative as an advisory member to ensure an appropriate focus on development of responsive training protocols.

Compliance Measures

1. Update the DGO 3.10 to be informed by contemporary policing best practices.
2. Staff FDRB with Training and Education Division member in an advisory role.
3. Evidence that a continuous review/improvement loop exists and provides training review.

Officer-involved shooting events need to be reviewed in a more timely fashion as they relate to policy, training, and procedures. The FDRB should review incidents at the conclusion of the IAD investigation rather than waiting for the district attorney’s letter of declination for charging of an officer-involved shooting incident, which can take up to two years.

Compliance Measures

1. FDRB schedule review of OIS at conclusion of IA investigation.
2. FDRB schedule review is held via regular occurrences.

The SFPD should work with the Department of Emergency Management to ensure sound CIT protocols, namely the following: 

• Ensure that dispatchers are notified at the beginning of each shift which units have CIT-trained officers assigned so they are appropriately dispatched to calls for persons with mental health disabilities.
• Develop protocols to ensure that mental health crisis calls for service are answered by intake personnel at the Department of Emergency Management and the information is appropriately relayed to field personnel.

Compliance Measures

1. Work with DEM on sound CIT dispatch protocols including seeking and receiving DEM input and assessing best practices.
2. Ensure dispatcher notified of SFPD units with CIT-trained officers.
3. Ensure calls involving persons with mental health disabilities dispatch to CIT-trained officers.
4. Establish protocols based in best practice for DEM intake personnel handle mental health calls for service.
5. Ensure crisis call information is appropriately relayed to field personnel. 6 Audit to determine if protocols are followed.

The SFPD should ensure an appropriate distribution of CIT-trained personnel across all shifts in all districts.

Compliance Measures

1. Assess staffing need for CIT by shift.
2. Assign appropriate number of CIT personnel to all shifts.
3. Periodic review/audit of staffing levels and adjust as appropriate.

Newly promoted supervisors should also receive CIT training as part of their training for their new assignments.

Compliance Measures

1. Provide evidence-based CIT training to supervisors.
2. Provide documentation that the required training has been completed by all supervisors upon promotion.

The practice of hosting a town hall meeting in the community shortly after the incident should continue with a focus on releasing only known facts.

Compliance Measures

1. Host and publicize town halls in the community where OIS occurred.
2. Within 10 calendar days of the OIS.
3. Factual representation.
4. Continual review/improvement loop.

The SFPD should develop an ongoing communication strategy for officer-involved shootings.

Compliance Measures

1. Develop OIS communication strategy that provides broader community with relevant information before conclusion of investigation.
2. Share communication strategy with internal and external stakeholders, for relevant feedback.
3. Continual improvement/feedback loop for strategy and compliance with strategy.
4. Evidence of supportive and remedial action if deficiencies are found.

The SFPD should ensure that media outreach is immediate and that information conveyed is succinct and accurate.

Compliance Measures

1. Draft and implement a media outreach strategy to ensure immediate outreach following an OIS.
2. Provide accurate and succinct information.
3. Continual review/improvement loop.

The SFPD should use social media as a tool to relay critical and relevant information during the progression of the investigation.

Compliance Measures

1. Create or update relevant policies regarding use of social media to convey relevant and critical OIS investigative information.
2. Use of social media to provide information.
3. Continual review/improvement loop for adherence to policy.
4. Evidence of supportive and remedial actions if policy not followed.

The SFPD needs to create outreach materials related to educating the public and the media on use of force and officer-involved shooting investigations and protocols. These materials should be disseminated widely through the various community engagement events and district station meetings.

Compliance Measures

1. Creation of outreach materials, which includes community input, to educate the public and media.
2. Dissemination at public events, department sponsored community meetings and other external means.
3. Evidence that materials are adjusted as changes in the Department happen, or as necessary.

The SFPD should host town hall presentations to educate the public and the media on use of force and officer-involved shooting investigations and protocols.

Compliance Measures

1. Establish a protocol and procedure for SFPD-hosted town hall presentations that is inclusive of different neighborhoods and communities.
2. Strategy to target the public and media.
3. Topics include use of force, OIS investigations and protocols.
4. Continuous improvement loop and review to ensure town halls are held consistently and achieve planned goals.

Working with all key stakeholders and community members, the SFPD and the Police Commission should make an informed decision based on expectations, sentiment, and information from top experts in the country. (ECWs)

Compliance Measures

1. Work with stakeholders and community to gather expectations, sentiment, and information on ECWs.
2. Policy decision for ECWs.

The City and County of San Francisco should strongly consider deploying ECWs.

Compliance Measures

1. Evidence of review of data and evidence regarding ECWs.

The SFPD should immediately prohibit the carotid restraint technique as a use of force option.

Compliance Measures

1. Revise relevant policies and procedures to Immediately prohibit carotid restraint technique as a use of force option.
2. Conduct periodic audits of use of force reporting.
3. Evidence of supportive and remedial action if deficiencies are found.

The SFPD needs to develop a policy for investigation standards and response for all officer use of force.

Compliance Measures

1. Develop investigative standards.
2. Develop response standards.
3. Develop policy.
4. Provide training.
5. Audit of training records and training/continual improvement/feedback loop.
6. Evidence of supportive and remedial action if deficiencies are found.

The SFPD should create an on-scene checklist for use of force incidents.

Compliance Measures

1. Develop on-scene checklist created for use of force incidents.
2. Require use of checklist through policy.
3. Provide training regarding use.
4. Audit/review to ensure use of form.
5. Evidence of supportive and remedial action if deficiencies are found.

The SFPD needs to develop a protocol for proper development and handling of officer statements.

Compliance Measures

1. Develop protocol.
2. Revise policies, procedures and training accordingly.
3. Provide training on protocol.
4. Audit adherence.

The SFPD needs to develop a standard officer-involved shooting protocol within 90 days of the release of this report. 

Compliance Measures

1. Develop a standard OIS protocol.
2. Released within 90 days of October 12, 2016 (January 12, 2017).

The SFPD needs to create a template for all officer-involved shooting files. This template should detail report structure and handling of evidence. SFPD should refer to Officer-Involved Shootings: A Guide for Law Enforcement Leaders.

Compliance Measures

1. Create OIS file template.
2. Use OIS Guide as reference for template development.
3. Template details report structure and handling of evidence.
4. Provide training on template.
5. Audit/review OIS files for adherence to template.

The SFPD should ensure that all officer-involved shooting investigations are appropriately reviewed by all levels of supervision.

Compliance Measures

1. Establish and implement policy to require review at every level
2. Develop policy and procedures that ensure appropriate review of officer-involved shooting investigations.
3. Ensure consistent use of standards.
4. Ongoing audit/review.

The SFPD needs to develop reliable electronic in-custody arrest data. It needs to ensure that these arrest data accurately reflect the incident number from the event, and the number should be cross-referenced on both the booking card and the use of force reporting form.

Compliance Measures

1. Establish a data protocol for arrest data.
2. Develop training on the capture and recording of arrest data.
3. Assign responsibility for review of sufficiency of data on both the booking card and use of force form.
4. Audit the data at regular monthly intervals.
5. Evidence of supportive and remedial action if deficiencies are found.

The SFPD needs to audit arrest data and use of force data monthly to ensure proper recording of use of force incidents related to arrest incidents. An audit of these data should occur immediately upon publication of this report and monthly thereafter.

Compliance Measures

1. Audit concluded in 2016.
2. Establish policy requiring monthly audit of arrest and use of force data.
3. Audit the data at regular monthly intervals.
4. Evidence of supportive and remedial action if deficiencies are found.

The SFPD needs to advocate for better coordination with the San Francisco Sheriff’s Department to ensure that the recording of SFPD arrest data is accurate and corresponds with SFPD incident report and arrest data.

Compliance Measures

1. Establish a point of contact to coordinate with Sheriff’s Department.
2. Establish policy requiring quarterly/bi-annually audit of arrest and use of force data for SFPD data against that reported by the Sheriff.
3. Audit the data at regular quarterly/bi-annually intervals.
4. Evidence of supportive and remedial action if deficiencies are found.

The SFPD should identify a research partner to further refine its use of force data collection and to explore the data findings of this report to identify appropriate data for measurement and to determine causal factors. 

Compliance Measures

1. Identify research partner to refine use of force data collection.
2. Identify appropriate data for measurement.
3. Ensure collection of data factors identified.
4. Engage in research to determine causal factors of use of force.

The SFPD should continue to collect and analyze use of force data to identify patterns and trends over time consistent with recommendations in finding 20.

Compliance Measures

1. Work with research partner to develop a plan to establish the initial collection standards and then engaging in collection and analysis use of force data.
2. Focus on identifying patterns.
3. Address issues identified.
4. Audit to ensure data collection compliance.
5. Evidence of supportive and remedial action if deficiencies are found.

The SFPD needs to improve data collection on use of force so that further analysis can be conducted to better understand this finding.

Compliance Measures

1. Improve data collection on use of force. Revise policy, procedures and training accordingly.
2. Conduct further analysis to understand how use of force is used and the factors that contribute to this finding.
3. Conduct periodic audits/review of use of force data collection to continue to monitor this finding.

The SFPD should immediately implement this provision of the draft policy. (Prohibit firing at moving vehicles)

Compliance Measures

1. Prohibit firing at moving vehicles.
2. Implement prohibition immediately.
3. Audit compliance.
4. Evidence of remedial action if deficiencies are found.

The FDRB should be tasked with review of all prior officer-involved shooting and discharge incidents in which firearms are discharged at a moving vehicle to 

• evaluate and identify commonalities with recommendations for policy and training as a result of the review;
• oversee training and policy development aimed at eliminating the need for such actions;
• report to the Police Commission about the outcomes of the review and the actions taken to overcome those situations that contribute to such incidents.

Compliance Measures

1. FDRB review all OIS and discharge incidents involving moving vehicles.
2. Identify and evaluate commonalities.
3. Develop recommendations for policy and training as a result of review.
4. Oversee policy and training development responsive to issues identified.
5. Report to Police Commission.
6. Inclusion of a continual review/improvement loop of development process and adherence to policy.
7. Evidence of supportive and remedial actions/outcomes.