HERCULES POLICE DEPARTMENT
ANNUAL MILITARY EQUIPMENT REPORT
2022HERCULES POLICE DEPARTMENT
ANNUAL MILITARY EQUIPMENT REPORT
2022
HERCULES POLICE DEPARTMENT
ANNUAL MILITARY EQUIPMENT REPORT
2022
HERCULES POLICE DEPARTMENT
ANNUAL MILITARY EQUIPMENT REPORT
2022
INTRODUCTION
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Hercules Police Department to have a military use policy approved by the City Council prior to requesting, seeking funding, acquiring, or using military equipment.
Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.
On June 14, 2022, the City of Hercules City Council Approved Ordinance 537 approving Hercules Police Department Policy #709: Military Equipment Funding, Acquisition, and Use. As required by Assembly Bill 481 and the Ordinance, annually the Hercules Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy, and Annual Report, and determine whether the Department’s use of military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.
As set forth in the Policy, the Hercules Police Department retains and employs limited military equipment to safeguard its community. Hercules officers, certified instructional staff, and specialized units receive training throughout the year on the use of military equipment approved under the Policy.
This Annual Report outlines the Hercules Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2022, through December 31, 2022. The Department will submit its Military Equipment Annual Report to the City Council after December 31st of every year in compliance with AB 481.
HPD MILITARY EQUIPMENT
Unmanned Aerial Vehicles
Description, quantity, capabilities and purchase cost:
The unmanned Aerial Vehicle (UAV) is a battery powered remote operated device with a flight time of approximately 30 – 45 minutes per battery, depending on weather and flight conditions. The UAV has been proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.
Mavic 2 Enterprise Advanced UAV, purchase cost was $6,499 quantity: 2 Purpose:
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
Major Collisions Investigation
Search for missing persons
Natural disaster management
Crime scene photography
Critical incident, tactical or other public safety life preservation missions In response to specific requests from fire authorities for fire response Authorized use
Only assigned operators who have completed the required training, certification, and licensing shall be permitted to use Hercules Police Department’s UAVs approved missions.
Expected lifespan
The expected lifespan of the Mavic 2 UAV is 5 years
Fiscal impact
Annual maintenance costs of approximately $0 - $500
All department UAV operators are licensed by the Federal Aviation Administration for UAV operation. Once all operators are completely certified, they will train monthly in the use of UAV’s.
Command and Control vehicles
Description, quantity, capabilities and purchase cost:
2008 Ford Econoline 350 transport van, Cost $0 (inner-City transfer from Parks and Recreation), quantity: 1 This is a full-size van modified to transport Special Response Team members and equipment to critical incidents and high-risk entry operations. The van is equipped with emergency lights and sirens. It is painted white with Hercules Police Department (PD) logos on it.
Purpose
To be used in response to critical incidents and pre-planned operations to transport personnel and equipment.
Authorized use
The use of the van is limited to trained Hercules Police Department SRT members and department range training equipment transportation.
Expected Lifespan
10 years
Fiscal Impact
Annual maintenance cost of approximately $1,000.
Specialized firearms and ammunition
Description, quantity, capabilities and purchase cost
Shoulder fired rifle bored firearms capable of firing 5.56mm ammunition from standard- capacity magazines; shoulder fired smooth bored firearms capable of firing beanbag rounds, smoke canisters and CS gas canisters.
Colt M4 Carbine semi-automatic rifle for patrol use, cost: $920.00, quantity: 33 Smith and Wesson Model 226 37mm canister launcher for deployment of projectile smoke or CS gas, cost $600.00, quantity: 1 Remington 870 kinetic energy shotgun for patrol use, cost: $900.00, quantity: 5 Defense Technologies 12-gauge powder barricade penetrator OC rounds for barricaded subject critical incidents, cost $5.94, quantity: 10 Defense technology 37mm CS gas rounds used for riot control and disbursement, cost $39.50, quantity: 0 Winchester Ranger 5.56mm 77 grain ammunition for patrol rifles, cost $878.00/1000 rounds, quantity: 7000 Winchester 5.56mm 55 grain ammunition for patrol rifles, Cost $359/1000 rounds, quantity: 12,000 Defense Technology drag stabilized kinetic energy rounds for patrol, cost $5.35, quantity: 50 Purpose
To be used as precision weapons to address known threats from greater distance and behind cover, providing safer response to critical incidents involving heavily armed and protected suspect(s), to defuse volatile incidents with less than lethal force, to bring critical incidents to a close with the least amount of danger to the public, the involved subject(s) and the responding personnel.
Authorized use
Only personnel who have attended and passed training and certification courses approved by the Peace Officer Standards and Training (POST) Commission are authorized to possess or deploy patrol rifles, kinetic energy shotguns, or 37mm launcher.
Expected Lifespan
Colt M4-Carbine Rifle: 15 years
S&W Mod 226 37mm launcher: 15 years
Remington 870 kinetic energy shotgun: 15 years
Defense technology OC rounds: no expiration date
Winchester 5.56mm rounds: no expiration date
Kinetic energy rounds: no expiration date
Fiscal impact
Annual maintenance is approximately $50 for each rifle. Ammunition costs vary by availability. Approximately $2,500 annually.
Noise Flash Diversionary Devices
Description, quantity, capabilities and purchase cost
A Noise Flash Diversionary Device (NFDD) is a device that creates a bright flash and a loud explosive sound to divert the attention of subjects in the area and temporarily disorient them to additional sounds and movement. NFDD are used to temporarily incapacitate dangerous subjects by overwhelming their senses of vision and hearing. The momentary distraction allows officers to seize the opportunity to take control of high-risk situations.
Defense Technologies 12-gram low roll non-reloadable, cost $52.00, quantity: 24 Purpose
To produce atmospheric overpressure and brilliant white light and as a result can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
Authorized use
Diversionary devices shall only be used:
By SRT members who have been trained in their proper handling and use In hostage or barricaded subject situations
In high-risk warrant services where there may be extreme hazards to officers During other high-risk situations where their use would enhance officer safety During training exercises.
Expected lifespan
5 years
Fiscal impact
There are no maintenance costs associated with the storage of this device.
Munitions containing Tear Gas or OC
Description, quantity, capabilities and purchase cost
Chemical agent munitions, which are commonly referred to as "tear gas," are used by the Hercules Police Department as a non-lethal tool to disperse rioting suspects and/or barricaded suspects. CS (2- Chlorobenzylidenemalonoi trile) and OC (Oleoresin Capsicum) are commonly used by law enforcement agencies across the United States.
CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
Defense Technologies 12-gauge powder barricade penetrator OC for barricaded subject critical incidents, cost $5.94, quantity: 10 Officers assigned to the County-Wide Mutual Aid Mobile Field Force are issued Defense Technology CS gas by the Contra Costa Office of the Sheriff as part of their tactical duty gear when deployed by the MAMFF. They do not carry the CS gas as a part of their regular Patrol equipment in Hercules, however they do possess it in the event they need to respond to emergency deployment(s) elsewhere in the County. Cost $0, quantity: 2 each.
Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
Authorized use
Only Officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.
Expected Lifespan
Defense Technology OC rounds: No expiration date
Fiscal Impact
There are no maintenance costs associated with the storage of these devices Equipment Purchase and Training Use
2022 Purchases
Military Equipment
Quantity
Cost
Date of Purchase
Winchester 5.56
77 or BTHP
1000
$987.00
10/12/2022
Winchester 5.56
55 or FMJ
6000
$2718.00
10/12/2022
Colt M4 Carbine semi-automatic rifle
5 $4,650
6/13/2022
2022 Training/ Military Equipment Utilized
Training
Military Equipment
Quantity
Date of Use
Department Quarterly
Training
Colt M4
5.56 Ammo
6800
4/5/2022, 7/12/202, 10/11/2022
Active Shooter
Instructor Training
Colt M4
5.56 Ammo
1000
10/11/2022
Less Lethal New Officer
Orientation Training
12-Guage
Bean Bag Amo
2 7/14/2022
Less Lethal New Officer
Orientation Training
12-Guage
Bean Bag Amo
2 11/11/2022
Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding Hercules Police Department’s possession and use of military equipment are addressed.
The Hercules Police Department is committed to a full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. 2022 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use Community Concerns
Community Complaints
PD Internal Investigations
0 0
0 Internal Inventory & Audit (HPD Military Equipment)
Per Hercules Police Department policy 709.3 (c), the Department’s military equipment coordinator, designated as a Department Range Instructor, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually. During the calendar year 2022, an internal inventory of the Department’s military equipment was completed on October 12, 2022, which identified all the Department’s military equipment in preparation to fulfill the obligations set by Assembly Bill 481. The Department did not add any new military equipment during 2022 to its inventory since that inventory was completed. All current military equipment inventory was found to be in good shape and working order. 2022 Critical Incident/ Military Equipment Utilized
Case #
Date
Equipment Used
Reason for Use
H22-840
8/30/22
2008 Ford Econoline 350 transport van
Marijuana Cultivation Investigation
Conclusion
This Annual Military Equipment Report reaffirms the Hercules Police Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Hercules Police Officers to better serve and protect Hercules, enhance the safety of officers and community, and bring critical incidents to a safe resolution. 2 Hercules Police Department
Updated May 16, 2023