Sacramento City Council
September 5, 2023

525.09
Uncrewed Aerial Systems (UAS)
06-28-2023

PURPOSE
This policy establishes guidelines for the use and oversight of the Sacramento Police Department’s Uncrewed Aerial Systems (UAS). The City of Sacramento and the Police Department intends to use the UAS Program to support municipal operations in a safe, responsible, transparent manner, in order to increase the quality of life in Sacramento.

POLICY
It shall be the policy of the Sacramento Police Department to utilize Uncrewed Aerial Systems (UAS) for official law enforcement purposes to increase the efficiency and effectiveness of public safety efforts in a manner that safeguards the privacy of our community. Safety and privacy shall be the primary concern in each and every operation. Use of a UAS will be in strict accordance with State and Federal laws and in compliance with Federal Aviation Administration (FAA) and City regulations. For the purposes of this order, the designee for the Chief of Police shall be either a lieutenant assigned to the Metro Division or the Metro Division Captain.

PROCEDURE
A. DEFINITIONS

1. Certificate of Waiver or Authorization (COA) - A waiver granted by the Federal Aviation Administration (FAA) giving permission to trained and certified pilots to fly within specific parameters and predetermined boundaries.

2. Command System – Remote controller and screen/application used to control and operate UAS.

3. Federal Aviation Administration (FAA) -The national aviation authority of the United States with powers to generally regulate all aspects of American aviation.

4. Visual Observer (VO) – Secondary operator who assists the pilot with approved missions.

5. Pilot – Authorized operator of the UAS.

6. Program Manager – Metro Air Ops/Traffic Lieutenant, or designated by the Chief of Police

7. UAS Sergeant – A sergeant assigned to the UAS Unit, or sergeant responsible for the direct supervision of the UAS Unit.

8. Recorded Media - Video signals recorded or digitally stored on a storage device or portable media.

9. Small Uncrewed Aerial System (sUAS) – System consisting of an uncrewed aircraft or uncrewed aerial vehicle (UAV) weighing less than 55lbs. and equipment necessary for the safe and efficient operation of that aircraft.

10. Uncrewed Aerial Vehicle (UAV) – An uncrewed aircraft of any type that is capable of sustaining flight, whether programmed or remotely controlled. UAVs are a component of an Uncrewed Aerial System (UAS).

11. Uncrewed Aerial System (UAS) – A UAS consists of an Uncrewed Aerial Vehicle (UAV) and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means.

B. TRAINING

1. Police personnel who are assigned to the UAS unit must complete a department approved initial and recurring training to ensure proper use and operations.

2. All agency personnel with UAS responsibilities shall also be trained in the local and federal laws and regulations, as well as policies and procedures governing the deployment and use of UAS.

3. Use of any UAS systems for training shall require approval from the UAS Sergeant.

4. Any audio, video, or images captured during training flights shall be retained for at least 90 days. Any training video which inadvertently captures images or evidence related to a crime or other significant event shall be retained in accordance with the City of Sacramento video retention schedule.

5. The UAS Sergeant shall include flyaway, lost link, and crash-landing procedures into the training curriculum.

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6. UAS detection systems may be deployed with management approval, for large, outdoor public events where there could be a risk to public safety. They shall not be used for First Amendment related events.

7. Prior to UAS operation at night, the UAS Sergeant shall implement training procedures that specifically address physiological conditions which may degrade night vision and overcoming visual illusions caused by darkness. Night operations shall comply with the applicable COA when necessary.

8. Any training done away from a police facility shall be conducted within FAA Regulations.

C. DEPLOYMENT

1. Only authorized operators who have completed the required training shall be permitted to operate the UAS during approved missions.

2. UAS shall only be deployed with the approval of the on-duty watch commander, his/her designee or a lieutenant assigned to the Metro Division. UAS may be deployed for required department training with the approval of the Metro UAS Sergeant.

3. UAS deployment will be considered when an aerial view would assist officers or incident commanders with the following situations:
a. Major collision investigation and recreation
b. Missing persons or search and rescue operations
c. Natural disaster management
d. Post-event crime scene photography and documentation e. SWAT, tactical or other public safety and life preservation missions f. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
g. Pursuant to a search warrant
h. 3D mapping of critical infrastructure or locations used for large scale public events i. Other events as authorized by the Chief of Police or his/her designee

4. UAS shall not be used:
a. t o conduct random surveillance on citizens.
b. t o harass, intimidate or discriminate against any individual or group. c. t o conduct personal business of any type.
d. i n an unsafe manner or in violation of FAA rules and regulations outside of our Certificate of Waiver or Authorization.

5. All UAS flights should be verbally broadcast over the radio to ensure dispatch and personnel on scene are aware of the flight. A second broadcast should be made when each mission is complete and the UAS has terminated its flight. Dispatch shall record the time of deployment and flight termination on the call.

6. Department UAS shall only be operated by Sacramento Police Department employees.

D. PRIVACY

1. The use of UAS involves privacy considerations. City employees shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy, absent a warrant, court order, or appropriate exigent circumstances. Employees shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where a reasonable expectation of privacy exists.

2. Use of vision enhancement technology (e.g. thermal or other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a warrant, court order, or appropriate exigent circumstances. In all other instances, legal counsel should be consulted.

E. DATA MANAGEMENT AND RECORDS RETENTION

1. All flight hours will be logged and retained for a minimum of two years.

2. Flight summaries will be made available for public review and dissemination.

3. Video recordings will be retained for a minimum of 18 months from the date created in accordance with the City of Sacramento retention schedule. Video recordings that become evidence will be kept in accordance with the crime classification listing in the City of Sacramento retention schedule.

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4. Digital evidence captured by UAS cameras shall be treated as official records and handled pursuant to existing department policies and procedures.

5. Any attempt to erase, alter, or tamper with UAS camera recordings, except as authorized by law or department policy, will be considered employee misconduct.

6. All recordings made using UAS cameras are the property of the Sacramento Police Department and will not be released or disseminated to a third party without the express written consent of the Chief of Police or authorized designee, or unless otherwise expressly required by law.

F. USE OF VIDEO FOR TRAINING

1. R ecordings may be used for training purposes.

2. When a recording contains footage that may embarrass an employee, consideration should be given before the video is used for training.

3. If an involved employee objects to the use of a recording, the employee may object in writing through his/her chain of command to the Chief of Police or authorized designee to determine if the training value outweighs the employee’s objection. In no event shall any recording be used for the purpose of ridiculing or embarrassing any employee.

G. JOINT OPERATIONS
The on-duty watch commander, his/her designee, or the Metro Air Ops/Traffic Lieutenant may approve the use of UAS as a part of mutual aid situations.

H. COMMUNITY OUTREACH DEMONSTRATIONS AND OTHER AUTHORIZED DEPLOYMENTS In an effort to encourage public trust and effectively engage our community, the use of a UAS as part of community engagement or a special event is authorized. The UAS demonstration should be limited to showcasing the department’s investigative capabilities and educating the public on the UAS program.

Outreach demonstrations and other authorized deployments shall be authorized by the Outreach and Engagement Sergeant and a UAS Sergeant.

Appendix C

GO 580.02 - Use of Force

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GENERAL ORDERS
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580.02

USE OF FORCE
12-16-21

PURPOSE
This policy establishes guidelines for the use and application of force, as well as the procedures for after- force medical care.

POLICY
The Sacramento Police Department (SPD) values the sanctity of human life and the freedoms guaranteed by the United States and California constitutions. Use of force (UOF) by peace officers is of important concern to the community. The role of law enforcement is to safeguard life, dignity, and liberty of all persons, without prejudice to anyone. Peace officers shall carry out duties, including UOF, in a manner that is fair and unbiased.

This policy will be regularly reviewed and updated by the Professional Standards Division to reflect developing practices and procedures.

It is the policy of the Department that a peace officer is justified in using deadly force upon another person only as a last resort when reasonable alternatives have been exhausted or are not feasible and the officer reasonably believes, based on the totality of the circumstances, that such force is necessary.

This policy is based upon Assembly Bill 392 as codified in Penal Code 835a which states:
(a) The Legislature finds and declares all of the following:
(1) That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law. (2) As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer. (3) That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies. (4) That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. (5) That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience grea ter levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one -third and one-half of all fatal encounters with law enforcement.

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(b) Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance.
(c) (1) Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons:
(A) To defend against an imminent threat of death or serious bodily injury to the officer or to another person. (B) To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if th e officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace o fficer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.
(2) A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person. (d) A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, “retreat” does not mean tactical repositioning or other de-escalation tactics.
(e) For purposes of this section, the following definitions shall apply:
(1) “Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm. (2) A threat of death or serious bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
(3) “Totality of the circumstances” means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force.

POLICY AND PROCEDURE
A. DEFINITIONS AND CONCEPTS

1. IMMINENT THREAT OF DEATH OR SERIOUS BODILY INJURY - A threat of death or serious bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.

2. FEASIBLE - Reasonably capable of being done or carried out under the totality of the circumstances to successfully achieve the lawful objective without increasing risk to the peace officer or another person.

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3. TOTALITY OF THE CIRCUMSTANCES – All facts known to, or perceived by, the peace officer at the time, including the conduct of the officer and the subject leading up to the UOF.

4. PROPORTIONALITY - The balance of the severity of the offense committed, the threat to public safety and the level of force needed to overcome resistance based on the totality of the circumstances known to, or perceived by, the officer at the time.

5. DE-ESCALATION - Taking action or communicating verbally or nonverbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the UOF or with a reduction of the force necessary. De-escalation tactics include, but are not limited to, warnings, verbal persuasion, and tactical repositioning.

6. CRISIS INTERVENTION TECHNIQUES (CIT) - A collaborative approach to safely and effectively address the needs of people with mental illnesses, link them to appropriate services, and divert them from the criminal justice system if appropriate. The primary goal of CIT is to improve peace officer and mental health consumer safety while reducing injuries to peace officers and consumers during law enforcement contacts. Crisis intervention techniques include using distance, time, verbal tactics, or other tactics to de-escalate a situation.

7. REACTIVE AUTHORITY- Pre-determined set of force directives given during a critical incident, provided by the Incident Commander or designee, regarding the type of force authorized to effect an arrest, overcome resistance, prevent escape, and/or to preserve life. The reactive authority shall be consistent with current policy and law.

8. PERSONAL BODY WEAPON (PBW) - Improvised use of a part of a peace officer’s body, including but not limited to the head, hands, arms, legs, and feet, as a weapon.

9. LEVELS OF RESISTANCE
a. COMPLIANT - Subject offers no resistance.
b. PASSIVE NON-COMPLIANCE – Subject does not respond to verbal commands but also offers no physical form of resistance.
c. ACTIVE RESISTANCE – Subject uses evasive movements in an attempt to defeat a peace officer’s attempt at control, including bracing, tensing, running away, verbally or physically signaling an intention to avoid or prevent being taken into or retained in custody. d. ASSAULTIVE – The subject is aggressive or combative; attempting to assault the peace officer or another person, verbally or physically displays an intention to assault the peace officer or another person.
e. LIFE-THREATENING – The subject is taking action likely to result in serious bodily injury or death of the peace officer or another person.

10. FORCE DEFINITIONS
a. REPORTABLE UOF - Any UOF that causes injury as defined below; any UOF whether or not it results in injury, involving the discharge of a firearm, a canine bite, or use of an impact weapon, chemical agent, or CED; and any UOF, whether or not it results in injury, that deviates from the techniques taught and the equipment provided by the department (section G.4. & G.5.). b. LESS LETHAL FORCE- Any force that is not reasonably likely to cause death. Less lethal force options include, but are not limited to, the use of the CED, baton, chemical agents, 40mm projectiles, bean bag shotgun rounds, personal body weapons, and control holds. c. DEADLY FORCE - Any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm.

11. INJURY DEFINITIONS
a. INJURY - Any visible bodily injury or complaint of bodily injury (non-visible injury) reasonably related to the UOF applied. This type of injury does not include the temporary pain associated with the proper application of control holds and/or restraints.

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b. SERIOUS BODILY INJURY- Bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

12. POSTITIONAL ASPHYXIA – Situating a person in a manner that compresses their airway and reduces the ability to sustain adequate breathing. This includes, without limitation, the use of any physical restraint that causes a person’s respiratory airway to be compressed or impairs the person’s breathing or respiratory capacity, including any action in which pressure or body weight is unreasonably applied against a restrained person’s neck, torso, or back, or positioning a restrained person without reasonable monitoring for signs of asphyxia.

13. RETALIATION – Demotion, failure to promote to a higher position when warranted by merit, denial of access to training and professional development opportunities, denial of access to resources necessary for an officer to properly perform their duties, or intimidation, harassment, or the threat of injury while on duty of off duty.

14. INTERCEDE- For purposes of this policy, the term “intercede” includes, but is not limited to, physically stopping an excessive use of force, recording the excessive force, if equipped with a body- worn camera, and documenting efforts to intervene, efforts to deescalate the offending officer’s excessive use of force, and confronting the offending officer about the excessive force during the use of force; and if the offending officer continues, reporting to dispatch or the watch commander on duty and stating the offending officer’s name, unit, location, time, and situa tion, in order to establish a duty for that officer to intervene.

15. EXCESSIVE FORCE- A level of force that is found to have violated Section 835a of the Penal Code, the requirements on the use of force required by this section, or any other law or statute , including Section 835a of the Penal Code and Section 7286 of the Government Code.

16. KINETIC ENERGY PROJECTILES- For purposes of this policy, the term “kinetic energy projectiles” means any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds.

17. CHEMICAL AGENTS- For purposes of this policy, the term “chemical agents” means any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2- chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum.

B. DUTY TO INTERCEDE

1. If a peace officer observes another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject, the peace officer shall intercede, when feasible to do so under the totality of the circumstances. If they do not do so, they shall be subject to discipline to the same severity as if they themselves engaged in the excessive force.

2. Peace officers shall immediately report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer.

3. Retaliation against a peace officer that reports a suspected violation of a law or regulation of another officer to a supervisor or IA is prohibited.

C. VERBAL WARNING

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If feasible, and if doing so would not increase the danger to the peace officer or another person, the peace officer shall make every attempt to identify themselves and to issue a clear and comprehensible verbal warning before using any force that is likely to cause serious bodily injury or death, so that the subject(s) are given the opportunity to submit to the authority of the peace officer.

D. RENDERING MEDICAL AID
Peace officers on scene shall promptly render aid and/or summon medical assistance when reasonable and safe to do so pursuant to GO 522.02 (Emergency Care for Individuals Under Police Care or Control) when any UOF has resulted in any type of injury or death regardless of custody status.

E. USE OF FORCE DURING AN ASSEMBLY, PROTEST, OR DEMONSTRATION

1. Peace officers using kinetic energy projectiles or chemical agents during an assembly, protest, or demonstration shall ensure that such force is used pursuant to RM 532.11 (First Amendment Assembly Manual) and GO 580.12 (Less Lethal Munitions).

2. Peace officers shall only use kinetic energy projectiles or chemical agents during an assembly, protest, or demonstration if the use is objectively reasonable to defend against a threat of life or serious bodily injury to any individual, including a peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control, and only in accordance with all of the following requirements:
a. De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
b. Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so.

The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate.
c. Persons are given an objectively reasonable opportunity to disperse and leave the scene. d. An objectively reasonable effort has been made to identify persons engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of persons.
e. Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. f. Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets. g. An objectively reasonable effort has been made to extract individuals in distress. h. Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. i. Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs. j. Kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency solely due to any of the following:
(1) A violation of an imposed curfew.
(2) A verbal threat.
(3) Noncompliance with a law enforcement directive.
k. If the chemical agent to be deployed is tear gas, only a lieutenant or above at the scene of the assembly, protest, or demonstration may authorize the use of tear gas.

F. GENERAL CONSIDERATIONS GOVERNING USE OF FORCE

1. Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force necessary to effect the arrest, to prevent escape, or to overcome resistance.

2. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose his right to self-defense by the use of objectively reasonable force in

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compliance with subsections E. 1 and F.1-2 to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this paragraph, “retreat” does not mean tactical repositioning or other de- escalation tactics.

3. A peace officer shall consider the principles of proportionality in looking at the totality of the circumstances by weighing the severity of the offense, the reasonably perceived level of resistance and the need for apprehension prior to the utilization of force. A peace officer shall continually evaluate tactics when determining the appropriate UOF response.

4. The decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and department policies.

5. The decision by a peace officer to use force shall be evaluated from the perspective of a reasonable peace officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight. The totality of the circumstances shall account for occasions when peace officers may be forced to make quick judgments about using force. a. Circumstances of consideration may include, but are not limited to:
(1) The immediacy and severity of the perceived threat
(2) The conduct of the subject
(3) Officer versus subject factors such as age, size, relative strength, skill level, injuries sustained, level of exhaustion and number of peace officers available versus subjects (4) The conduct of the involved peace officer
(5) The effects of drugs or alcohol
(6) The subject’s apparent mental state or capacity
(7) The subject’s apparent ability to understand and comply with officer commands (8) The proximity or access of weapons to the subject
(9) The level of threat or resistance presented by the subject (10) The availability of other reasonable and feasible options and their possible effectiveness (11) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained
(12) The seriousness of the subject offense or reason for contact with the subject (13) The training and experience of the peace officer
(14) The potential for injury to peace officers, subjects or another person (15) Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the peace officer
(16) The risk and reasonably foreseeable consequences of escape or apparent attempt by the subject
(17) Prior contacts with the subject or awareness of any propensity for violence (18) Environmental factors and/or other exigent circumstances (19) The availability of other resources
Not all of the above factors may be present or relevant in a particular situation, and there may be additional factors not listed.

6. When using force, a peace officer should only use techniques and equipment that are approved by the department. Circumstances may arise in which a peace officer reasonably believes that it would be impractical or ineffective to use any of the tools, weapons or techniques provided by SPD. A peace officer may find it more effective or reasonable to improvise their response to rapidly unfold ing conditions that they are confronting. In such circumstances, the peace officer may resort to using any objectively reasonable means of force. The use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose.

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7. When feasible, peace officers shall attempt to de-escalate situations.

8. When a peace officer reasonably believes they are dealing with a mentally ill, developmentally disabled, or an emotionally disturbed subject, the officer shall, if time and circumstances reasonably permit, utilize CIT.

F. CONSIDERATIONS GOVERNING USE OF DEADLY FORCE

1. Notwithstanding subsection E.1, a peace officer is justified in using deadly force upon another person only as a last resort when reasonable alternatives have been exhausted or are not feasible and the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons:
a. To defend against an imminent threat of death or serious bodily injury to the officer or to another person.
b. To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.

2. A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.

3. A subject gaining control of one or more pieces of a peace officer’s equipment, without the subject presenting an imminent threat of serious bodily injury or death, is not enough by itself to justify the use of deadly force.

4. A peace officer may discharge a firearm in the performance of their official duty:
a. Pursuant to Section F. 1.-4; or
b. At a firing range, pursuant to all safety rules and regulations; or c. In order to stop a potentially aggressive animal, such as a dog, if the animal reasonably appears to pose an imminent threat of serious bodily injury or death to a peace officer or to another person and alternative methods are not feasible or would likely be ineffective. (1) In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, Conducted Energy Device, oleoresin capsicum (OC) spray, animal control peace officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical.

5. Firearms shall not be discharged as a warning.

6. Peace officers shall consider their surroundings and potential risks to bystanders and other peace officers to the extent reasonable under the circumstances, before discharging a firearm.

7. When a peace officers discharges or attempts to discharge a firearm while on or off duty, intentionally or accidentally, the employee shall immediately notify the on-duty watch commander. This does not include intentional discharges at a range or for recreational purposes (e.g., hunting, private target practice, or other similar activities).

G. PROHIBITED USES OF FORCE

1. Peace officers shall not use force:
a. By means of a carotid restraint, choke hold, or any other type of neck restraint. b. Or utilize any transport methods that involve a substantial risk of positional asphyxia. c. Against subjects who are not subject to arrest or detention, except to protect the officer or another person.
d. Against subjects who are handcuffed or otherwise restrained, except where the subject is actively resisting, attempting escape, or poses an imminent threat of harm to the peace officer, themselves or another person.

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e. For the sole purpose of preventing the exercise of first amendment rights, when a legitimate law enforcement purpose does not exist.
f. For the sole purpose punishment or retaliation.
g. To stop a subject from swallowing a substance that is already in their mouth.

H. VERBALIZATION DURING UNLAWFUL ASSEMBLY OR PROTEST

1. When feasible, peace officers should verbalize any use of force that is utilized during a mass protest/unlawful assembly. The following should be verbalized on body worn camera:
a. Location of where the use of force occurred
b. Type of force that was utilized
c. Reason for the use of force
d. Description of subject for whom the use of force was intended I. FORCE OPTIONS

1. Peace officers have a variety of force options available to them. Peace officers do not need to follow a continuum of force but shall select the UOF they deem appropriate for the circumstances, ensuring their UOF complies with the law, the provisions of this policy and any specific SPD policies or manuals governing the type of force they select to use.

2. Peace officers shall continue to assess their UOF selection and either transition to a different UOF option or discontinue a UOF based on their assessment, ensuring their UOF option remains reasonable for the circumstances.

3. Equipment for Sworn Pe ace Officers
a. Issued and required on person
(1) Firearm
(2) Conductive Energy Devices (CED)
(3) Impact weapons (Baton)
(4) Handcuffs
(5) Radio
(6) Oleoresin Capsicum (OC) spray
(7) Body Worn Camera (BWC)
(8) Flexible Body Armor
b. Issued and need to have readily available. This is not a complete list of other issued equipment:
(1) Less Lethal Shotgun (readily available in patrol vehicle) (2) Patrol rifle (readily available in patrol vehicle and for qualified sworn personnel) (3) Flashlight
(4) Gas Mask
(5) Ballistic Helmet
(6) Orange reflective vest

4. Required Equipment Issuance and UOF options for Non-Sworn Uniformed Department Personnel a. Issued and required on duty belt:
(1) Oleoresin Capsicum (OC) spray
(2) Conductive Energy Devices (CED)

5. UOF Options for Sworn P eace Officer s
a. The following is an alphabetical list of UOF options. This is not a complete list of options:
(1) Bola Wrap
(2) Chemical Agents
(3) Conductive Energy Devices (CED)
(4) Control Holds
(5) Discharge of Firearms and Other Deadly Force
(6) Impact Weapons (baton)
(7) Less Lethal Weapons Systems
(8) Personal Body Weapons

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS
GO 580.02

(9) Pointing of a Firearm at a Person
(10) Takedowns
(11) Use of Canine
(12) Verbal Commands/Instructions/Command Presence

6. UOF Options for Authorized, Non-Sworn Uniformed Personnel a. Authorized non-sworn uniformed department personnel shall only use the CED or OC in immediate defense of themselves or another member of the department. b. Authorized non-sworn uniformed department personnel who use the CED or OC in defense of themselves or another person shall:
(1) Attempt to get away from the situation as soon as possible. (2) Call for code-3 assistance from sworn peace officers as soon as feasible.

7. The following is a list of SPD policies and manuals address specific UOF topics:
a. GO 522.02 (Emergency Care for Individuals Under Police Care or Control) b. GO 580.03 (Use of Force Reporting, Investigations and Response) c. GO 580.06 (De-escalation and Planned Response)
d. GO 580.04 (Firearms)
e. GO 580.10 (Use of the Conductive Energy Device (CED) f. GO 580.12 (Less Lethal Weapons Systems)
g. GO 580.14 (Use of Canine)
h. RM 523.02 (Search and Handcuff Manual)
i. RM 532.09 (Arrest of Passive Resisters Manual)
j. RM 532.11 (Crowd and Riot Control Manual)
k. RM 580.07 (Chemical Agents Manual)
l. RM 580.08 (Baton Manual)
J. USE OF PERSONAL BODY WEAPONS (PBWs)

1. A peace officer may use PBWs to transition to a better position of advantage (i.e., positional change, handcuffing, etc.) to create distance/space, or overcome an assaultive subject.

2. When PBWs are used, peace officers must continually evaluate the ability to transition to a more advantageous position and/or recognize the signs of submission/compliance by the subject.

3. PBWs shall not be utilized against subjects solely engaging in passive non-compliance or merely active resistance.

4. PBWs should not be used on handcuffed persons unless they are exhibiting active aggression and/or to prevent subjects from harming themselves or another person.

K. USE OF A CONDUCTIVE ENERGY DEVICE (CED)

1. The CED shall be used pursuant to GO 580.10 (Use of the Conducted Energy Device).

2. A peace officer may deploy and use the CED under the following circumstances:
a. To incapacitate a subject whose conduct rises at least to the level of active resistance. This includes threats or pre-indicators leading up to assaultive or resistive behavior. b. To incapacitate a suicidal subject who can’t be safely controlled through crisis intervention techniques or other force options.

3. Peace officer s shall avoid using the CED for more than a total of three (3) five -second cycles (15 seconds), unless the totality of the circumstances are such that a reasonable peace officer would conclude that each subsequent application of the CED, analyzed separately, is warranted by the imminent threat to the officer or another person.

4. CED deployment shall cease when the subject no longer poses an imminent threat of harm to the peace officer or another person.

5. The use of the CED is considered a serious UOF. Each individual cycle of the CED must be objectively reasonable under the circumstances.

6. The CED should not be used on handcuffed persons unless they are actively resisting or exhibiting active aggression and/or to prevent subjects from harming themselves or another person .

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS
GO 580.02

L. POINTING A FIREARM

1. Nothing in this policy shall preclude a peace officer from drawing of a firearm when the officer reasonably believes it necessary for the safety of the officer or another.

2. Detentions involving the pointing of a firearm at a person shall be entered into the Racial Identify Profiling Act database (RIPA) pursuant to GO 210.09.

3. The pointing of a firearm at a person shall be documented in the appropriate report, RIPA and on the Computer Aided Dispatch (CAD) call using the abbreviation “FPAP” (Firearm Pointed At Person).

LI. MOVING VEHICLES

1. A peace officer shall make every reasonable effort to move out of the path of an approaching vehicle.

2. A peace officer shall make every reasonable effort to not intentionally place themselves in a position where a vehicle could be perceived as a threat to the officer.

3. Peace officers shall not discharge a firearm at or from a moving vehicle unless one of the following circumstances exists:
a. The peace officer reasonably believes that there is an imminent threat of death or serious bodily injury to a peace officer or another person, by means other than the moving vehicle. b. The peace officer reasonably believes that the driver is using or is attempting to use the vehicle as a means to cause imminent threat of death or serious bodily injury to the peace officer or another person.

LII. TRAINING

1. At least annually, all sworn personnel shall receive training related to this agency’s UOF policy and related legal updates for the following:
a. Legal standards for UOF
b. Duty to intercede
c. The use of objectively reasonable force
d. Supervisory responsibilities
e. UOF review and analysis
f. Guidelines for the use of deadly force
g. State required reporting

2. Additional regular and periodic training shall include:
a. Training standards and requirements relating to demonstrating knowledge and understanding of the law enforcement agency’s UOF policy.
b. Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.
c. Minimum training and course titles related to the objectives in the UOF policy include but are not limited to, the standards in Peace Officers Standards and Training (POST) Learning Domain 20 (Use of Force), and the following:
(1) De-escalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence. (2) Implicit and explicit bias and cultural competency. (3) Skills including de-escalation (crisis intervention) techniques to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues. (4) Alternatives to the use of deadly force and physical force, so that de-escalation tactics and less lethal alternatives are, where feasible, part of the decision-making process leading up to the consideration of deadly force. Enhancing a peace officer’s discretion and judgment in using less lethal and deadly force in accordance with this policy. (5) Mental health and policing, including bias and stigma. (6) Using public service, including the rendering of first aid, to provide a positive point of contact between law enforcement peace officers and community members to increase trust and reduce conflicts.
(7) UOF scenario training including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot situations, and real-time force option decision making.

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS
GO 580.02

3. All UOF training provided to all sworn personnel shall be documented by the department.

4. Any officer that receives a sustained internal affairs complaint for excessive force will not be allowed to train any officer(s) for a period of three years from the date the complaint is substantiated. This includes:
a. Field training
b. In-service training
c. Academy instruction or evaluation
d. Roll Call presentations

5. Officers shall advise any supervisor that tasks him/her with a training assignment that they are not authorized to instruct, teach, or train. Failure to do so will be cause for discipline. a. The officer is not obligated to go into detail about the prior incident or complaint as to why they cannot train other than to advise the supervisor that in accordance with applicable law they are not authorized to train at that time.

O. REPORTING

1. Supervisors Responsibilities. Upon notification of a reportable UOF, the peace officer’s field supervisor shall:
a. Respond to the location of the arrest to ensure that a thorough investigation takes place. A thorough investigation into a UOF by a peace officer should include, but is not limited to, an area canvass (for witnesses, evidence and surveillance video), witness statements (which should be obtained by a supervisor or peace officers not involved in the UOF), subject statements, and photographs of the scene and any injuries. If the supervisor is unable to respond to the location of the arrest, the supervisor shall note the reasons why on the call.
b. Review the incident with the arresting peace officer and/or other officers. c. Review all recordings (both audio and video) of the event, including In-Car Camera, Body Worn Camera video, and any available surveillance video).
d. Assess the appropriateness of the UOF and any charge(s) against the subject. e. Consider arranging for other peace officers to transport and book the subject in the event the subject continues to display hostile, confrontational, or oppositional behavior toward the arresting officer(s). f. A peace officer’s field supervisor shall advise the watch commander of any incident involving UOF and initiate a management level review by making a tracking software entry whenever the following reportable UOF events occur:
(1) Any reportable UOF that results in the subject requiring a medical clearance (Fit for Incarceration report) prior to booking or, if the subject is not booked into jail or juvenile hall, any injury that would likely require a Fit for Incarceration report.
(2) Any reportable UOF, involving the discharge of a firearm, a canine bite, or the use of an impact weapon, chemical agent, or CED.
(3) Any reportable UOF that deviates from the techniques taught or the equipment provided by the department.
(4) Any UOF the supervisor or Watch Commander determines should be subject to a management level review.
g. The field supervisor shall enter the following information into the tracking software:
(1) peace officer(s) involved
(2) type of force used
(3) extent of injuries (if any) to the peace officer and/or subject (4) supervisor’s response or reason for no response
(5) any administrative actions taken by a supervisor or other managerial personnel (6) all pertinent documents related to the incident (i.e. Red Border, Blue Border, Taser download, etc.)
h. Tracking software entries should be completed within 30 days of the incident date and routed in accordance to department procedure.

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS
GO 580.02

(1) In cases where a firearm has been discharged or the UOF results in serious bodily injury or death, the tracking software entry shall be completed by FIT personnel. (2) All uses of force shall be categorized using the level of force definitions. (See Appendix #1.) P. DISCLOSURE OF PUBLIC RECORDS
The department will disclose public records pursuant to applicable law, including Penal Code Section 832.7.

Q. REPORTING TO THE CALIFORNIA DEPARTMENT OF JUSTICE
PSU shall submit statistical data regarding all qualifying officer-involved shootings and incidents involving UOF resulting in serious bodily injury is to be reported to the California Department of Justice (URSUS) as required by Government Code Section 12525.2.

R. COMPLIANCE
Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Internal Affairs Division in accordance with General Order 220.01 (Personnel Complaints).

S. LEGAL REFERENCES

1. California Penal Code Sections 196, 835a, 13652 and 13652.1.

2. California Government Code Sections 7286 and 12525.2.

3. GRAHAM V. CONNOR 490 U.S. 386 (1989) sets the legal standard for reasonable force. The court’s decision “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an imminent threat to the safety of the officer or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” In addition, “the ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on scene, rather than with 20/20 vision of hindsight... the question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them.”

4. TENNESSEE V. GARNER 471 U.S. 1 (1985) is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others." It was found that use of deadly force to prevent escape is an unreasonable seizure under the Fourth Amendment, in the absence of probable cause that the fleeing suspect posed a physical danger.

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS
GO 580.02

LEVEL 1 LEVEL 2 LEVEL 3
• UOF resulting in death
• UOF resulting in Serious Bodily Injury (SBI)
• Officer involved shooting resulting in injury or
death
• Officer involved shooting-subject missed
• Use of vehicle as weapon resulting in SBI
• In-custody death
• Use of non -issued equipment resulting in SBI or
death
• Officer involved shooting of an
animal
• Canine bite
• CED deployment-probe
• Use of chemical agents
• Use of baton
• Use of CED drive stun
• Use of personal body weapons
• Use of less lethal weapons systems
• Use of BolaWrap®
• Any UOF used to overcome a
combative, physically aggressive, or
fleeing subject who has delayed,
obstructed, or fought with an officer
• Any UOF that results in a visible injury or
complaint of pain by the subject to whom
force was applied to. Example: visible
scratch, abrasion, complaint of pain
however not minor discomfort by
application of certain control holds or
handcuffs

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS
GO 580.02

REPORTING REQUIREMENTS FOR LEVEL 1 REPORTING REQUIREMENTS FOR LEVEL 2
REPORTING REQUIREMENTS FOR LEVEL 3
• Sergeant notification
• Homicide call out
• CSI request
• IAD call out
• PSU call out
• PIO call out
• District Attorney response team
• OPSA
• Crime or casualty report
• Red border form (RM 3)
• Tracking software entry
All call outs are based on the needs of the incident.
• Sergeant notification
• Crime or casualty report
• CSI request
• Red border form (RM 3)
• Tracking software entry
• Watch commander investigation
(shooting of an animal)
• Sergeant notification
• Incident/crime report
• CSI request
• Red border form (RM 3) if there is visible
injury
• No tracking software entry
Appendix D

GO 580.04 - Firearms

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.04

580.04

FIREARMS
01-10-23

PURPOSE
The purpose of this General Order is to regulate the carrying of authorized firearms by Department personnel; set guidelines for the issuance, maintenance, and modification of firearms; and establish standards and specifications for firearms and related accessories used by officers.

POLICY
It shall be the policy of the Sacramento Police Department that all officers have available and know how to use authorized firearms and firearm -related accessories as part of their safety equipment.

PROCEDURE
A. DEFINITIONS

1. PRIMARY – The main duty handgun or optional duty handgun carried by officers. May be Department issued or personally owned .

2. SECONDARY – An optional duty handgun, Department issued or personally owned , authorized by the Chief of Police (COP), for use as an alternative to a primary handgun by command staff , specialized units, and specific sworn officers.

3. BACK-UP – An optional, personally -owned , department -approved handgun carried by officers in addition to the primary or secondary firearm.

4. ON DUTY – For the purpose of this order, “on-duty” includes regular working hours , as well as overtime , and off -duty work-related assignments or emergencies , when specifically re quired by the Department .

5. SA – Single Action.

6. SAO – Single Action Only.

7. DA – Double Action.

8. DAO – Double Action Only.

9. ACCESSORIES – Holsters, sights, grips, optical s ighting devices, weapon -mounted lights , and/or any other accessories authorized by the Department Armorer.

10. TACTICAL WEAPON LIGHT – A device mounted on a firearm for illumination.

11. DUTY FIREARM – A firearm authorized by the department to be carried while on -duty.

12. MINIATURE RED DOT SIGHT (MRDS) – a non -magnified, electronic optic capable of being mounted to a pistol slide for use as the primary sighting system .

13. MILLED SLIDE – A pistol slide with a machine -cut recess and drilled and tapped holes to accept an MRDS and its mounting bolts.

14. SUPPRESSOR/OPTIC READY SIGHTS – Iron sights that are of sufficient height to be used in conjunction with an MRDS.

15. ADAPTER/SEALING PLATE – An adapter that allows a specific MRDS to be mounted on a particular optic -ready handgun.

B. GENERAL

1. Under normal circums tances, all shotguns and rifles inside Department facilities shall be unloaded, with the action open and the safety on.

2. Department personnel conducting firearm training inside a Department facility shall use authorized training cartridges.

3. Department perso nnel shall ensure that shotguns and patrol rifles are unloaded prior to storing them.

4. The Department Armorer shall maintain the specifications for authorized firearms and holsters

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.04

(both Department issued and personally owned). The armorer will also maintain the ammunition specifications.

5. On-duty D epartment personnel shall only use firearms, accessories , and ammunition that have been approved by the Department .

6. The Weapons Committee shall make recommendations for authorized firearms, accessories , and ammunition. The specifications will be approved by the deputy chief, Office of Operations (OOO).

7. Unattended f irearms in a police facility shall be stored in a locked personal locker or in a designated locked safe at the officer’s assigned police facility.

8. Except as provided below, Department -issued rifles shall not be taken home without sworn management approva l.
a. Officers with marked home retention vehicles may keep their firearm s secured in the locking device s of their vehicles.
b. Officers with alarmed, unmarked home retention vehicles may keep their rifle s secured in the vehicle trunk with a cable lock or other locking device, with approval of their supervisor. c. Firearms may be locked in a purpose -built gun safe within the officer’s residence.

9. In compliance with California Penal Code Section 25140, any handgun stored in an unattend ed vehicle shall be locked in the vehicle’s trunk , placed in a locked container out of plain view , or placed in a locked container that is permanently affixed to the vehicle’s interior and not in plain view. A peace officer, when leaving a handgun in an un attended vehicle not equipped with a trunk, may lock the handgun out of plain view within the center utility console of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.

This requirement applies to peace officer s on or off -duty but would not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of their duties.

C. SAFETY PRECAUTIONS

1. The safe handling of firearms shall be the responsibility of e very employee.

2. All firearms and ammunition shall be stored, placed , or transported in a position safe from unintentional discharge. Before transporting loaded seized firearms, employees shall inform a supervisor.

3. Upon receipt by Department personnel , all firearms shall b e checked to determine if they are loaded.

4. Every firearm handled by Department personnel shall be treated as if the firearm were loaded.

5. The loading or unloading of firearms shall be conducted with full consideration of the consequences of an unintention al discharge per G.O. 580.03 (Discharge of Firearm ).

6. When unloading a fire arm, D epartment personnel shall :
a. Keep fingers off the trigger and out of the trigger guard. b. Engage manual safety (if the firearm is equipped with a manual safety ). c. Point the barrel into a loading/unloading tube, or, if unavailable, point the barrel in a direction that minimizes the risk of injury and property damage. d. Remove the magazine (if the f irearm has a magazine ). e. Open the action/cylinder and remove any ammunition from the chamber(s) and fixed magazine to ensure they are empty.

7. Dry firing a firearm or practicing drawing a firearm while on duty or on City property is prohibited with the foll owing exceptions:
a. Under the direct supervision of a Department firearms instructor. b. When the Department Armorer is servicing or certifying a firearm.

8. When a Department employee takes possession of a unique firearm or firearm unfamiliar to them, the employe e shall immediately contact their supervisor to determine how the firearm is

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.04

to be handled or who shall handle the firearm to render it safe .

9. When field stripping (disassembling) any firea rms, Department personnel shall a. Ensure that the firearm is unloaded .
b. Point the muzzle into a loading/unloading tube if they must pull the trigger for disassembly.

If a loading/unloading tube is not available, they must point the muzzle in a direction that minimizes risk of injury and property damage.

D. PERSONALLY -OWNED FIREARMS

1. Officers choosing to carry personally -owned firearms or accessories while on duty shall contact the Department Armorer to ensure that the firearm s, any modification s, and/or any accessories they want to carry are authorized.

2. The city will not reim burse, replace, or repair personally -owned firearms or accessories.

3. Officers choosing to carry personally -owned firearm s shall return their Department -issued firearm s to the armorer after qualifying with their personally -owned firearm s.

4. Offic ers shall carr y only Department -supplied ammunition in their personally -owned firearm s while on duty.

E. AUTHORIZED HANDGUNS

1. Authorized duty handgun calibers shall be 9mm Luger, 40S&W , or .45ACP .

2. Personally -owned handguns shall be either Sig Sauer DA/SA, Sig Sauer DAO , Sig Sauer Striker Fired , or Glock Safe Action. SAO trigger configurations are not authorized.

3. Secondary Handguns
a. Command officers may carry a Department -authorized compact handgun , whether issued by the Department or personally owned.
b. Officers assigned in an undercover capacity may carry a Department -authorized compact handgun , whether issued or personally owned, if the officers :
(1) Obtain authorization from their division commander. (2) Carry the handgun as a primary handgun only during undercover operations. c. Officers may carry a personally -owned , Department -authorized compact handgun if they have approval from their division commander.
d. Officers assigned to administrative duties may carry a personally -owned , Department - author ized compact handgun if they have approval from the COP . (1) Authorization request s shall be made by submitting a memo through the requesting officer’s chain of command to the COP.
(2) Supervisor comments shall be documented on the memo as necessary. e. Authorizati on shall be made for the duration of the officer’s present assignment and shall be reviewed upon re -assignment.
f. All handguns shall pass a safety certification conducted by the Department Armorer . g. All officers shall qualify with their secondary handgun .

F. BACK-UP HANDGUN S
Officers may carry any of the following backup handguns:

1. Any primary or secondary handgun .

2. Any personally -owned handgun, if
a. The handgun passes a safety certification by the Department Armorer. b. The officer qualifies with the handgun .
c. The handgun must be of a caliber that accepts Department issued ammunition .

3. SAO trigger configurations are not authorized for backup carry.

G. CARRYING OF PATROL RIFLES

1. Rifles shall be issued to all eligible , trained officers together with the following equipment:
a. Sling.
b. Optical sighting device .

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.04

c. Soft case .
d. Magazines .
e. Ammunition .

2. The patrol rifles shall be modified to fire only in the semi -automatic mode except those rifles issued to SWAT.

3. Officers using a vehicle equipped with a rifle -locking device shall secure their rifles in that device . A loaded magazine may be inserted into the rifle. The bolt shall be closed , and the safety selector switch placed in the “on” position. No live cartridge shall be chambered while the rifle is stored in the vehicle. If the vehicle is not equipped with a locking device, the officer shall store th eir rifle in a soft case, unloaded, and secured with a cable lock in the rear of the vehicle while on duty.

H. PATROL RIFLE DEPLOYMENT

1. The rifle is a weapon that officers may use to overcome suspects who are armed or may be armed with handguns . It may also be used in other situations to provide a tactical advantage.

2. Officers shall not display the rifle on routine calls or incidents. The circumstances of each call or incident shall dictate the reasonableness of the deployment of the rifle.

I. PERSONALLY -OWNED RIFLES

1. Officers may provide their personally -owned rifles for duty use if the weapons meet current Department specifications and have been checked and approved for use by the Department Armorer.

2. Officers requesting to use a personally -owned assault weapon shall ensure that the officer is in full compliance with state and federal law, and G.O. 380.06 (Aut horization for Officer Purchase or Receipt of Assault Weapon), and that the weapon is properly registered to them.

3. The Department Armorer shall record the serial number of the weapon to be approved, confirm the assault weapon ’s registration status , and ret ain a copy of the DOJ registration entry in Department records.

4. Patrol rifles shall be an AR-15 style or a closely designed mil -spec variant.

5. Officers seeking to purchase a weapon shall be responsible for ensuring suitability prior to purchase.

6. Suitable pa trol rifles shall include the following features:
a. Caliber must be .223 Remington/5.56 mm NATO and capable of firing Mil Spec 855 or 193 ammo.
b. Fire mode of semi -automatic and safe only . NOTE: No personally -owned rifles may be full - automatic or multiple -round burst selective.
c. Zero magnification optic, holographic , or red dot sighting system (e.g., Eotech 512 or Aimpoint) .
d. Aircraft grade aluminum or Mil -spec standard steel receiver. e. Synthetic stock and grips; may include a collapsible stock and a sling. f. Adjustable front and rear sights for variable windage and elevation conditions. Front and rear sights must be usable while the optic is in place. g. Optional – Accessory rail or mounting point for backup sighting devices, vertical handgrips , or tactical weapo n lights.
h. A direct gas impingement or gas piston operating system. i. A minimum length to i nclude a 16” barrel/26” overall and a maximum length to include a 20” barrel/40” overall.
j. May have a muzzle brake or compensator.
k. Ability to fit a standard AR -15/M16 m agazine.

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.04

J. CARRYING OF FIREARM

1. Only authorized firearms shall be carried or possessed on duty.

2. A .380 caliber ACP handgun shall not be carried as a secondary handgun in uniform.

3. Officers shall not alternate between primary and secondary handguns unless auth orized.

4. Backup handguns shall be carried concealed and in a holster.

5. A primary or secondary handgun shall be carried on duty, except when:
a. Interviewing prisoners.
b. In a jail or other facility where firearms pose a security threat. c. Doing so will jeopardize a covert assignment . NOTE: Written approval by a captain or higher authority is required prior to working unarmed in a covert capacity.

6. Rifles shall be carried in the officer ’s vehicle at all times while on duty.

7. Officers shall attach slings to rifles at all times.

K. REGISTRATION AND SAFETY CERTIFICATION

1. All Department -purchased firearms carried on duty shall be listed on an SPD 983 (Departmental Gun Record) and delivered annually to the armorer for inspection.

2. Personally -owned firearms and holsters (including back -up handguns /holsters) shall be listed on an SPD 197 (Optional Duty Back -Up Weapon) .

3. Officers shall contact the Department Armorer and request a safety inspection of any personally -owned firearm prior to duty use.
a. Officers sha ll provide a copy of the SPD 197 to the Department Armorer at the time of the safety inspection.
b. Officers shall provide the original SPD 197 to the Department Rangemaster and obtain a passing score on a department range qualification with any personally -owned firearm prior to duty use. The Department Rangemaster will then sign the original SPD 197. c. The officer shall return the original SPD 197 form signed by the Department Rangemaster to the Department Armorer.

4. The Department Armorer shall :
a. Retain copies of all SPD 197 forms.
b. Perform annual safety certification inspection on all firearms. NOTE: It will be the responsibility of each officer to deliver his/her firearms to the armorer for the required annual servicing.
c. Return all personally -owned firearm s that fail safety certification to their owners for necessary repairs. Personally -owned firearms shall not be carried until they have been safety certified by the a rmorer , and t he officer has qualified their personally -owned firearm at a qualification shoot.
d. Enter the serial number of all Department -issued and personally -owned firearms into Versadex.
e. Perform necessary preventive maintenance and/or repair on Department -issued fire arms. f. Remove from service any Department -issued firearm not passing safety certification and issue replacement firearms as necessary.
g. Record all safety certifications (passed or failed) on each firearm. h. Report safety issues and/or violations of this GO to the Evidence & Property Division manager. The Evidence & Property Division m anager shall immediately report violations or safety issues to the affected office deputy c hief.

L. MAINTENANCE

1. Officers shall ensure that all duty firearms are maintained in good wor king order. This includes normal cleaning and lubrication of the firearms monthly and after every qualification shoot.

2. Department -issued firearms shall not be disassembled beyond what is approved in training.

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.04

3. Department -issued firearm s shall be immediately surrendered to the armorer for inspection whenever they appear to be damaged or malfunctioning in any manner.

4. Firearms shall not be altered from factory specifications unless approved and installed by the armorer.

5. Officers choosing to carry an MRDS are responsible for ensuring that the MRDS is securely mounted to the slide of their duty pistol and inspected by the Department Armorer or Department Rangemaster prior to use . Battery changes , secure mounting, and maintenance of the MRDS are the responsibility of the officer and shall be conducted per the manufacturer’s recommendations.

M. DEFECTIVE WEAPONS

1. Any firearm identified as defective shall be taken out of service immediately and shall not be used u ntil cleared by the Department Armorer.

2. Officers finding that a Department -issued firearm does not function properly shall turn the weapon in to the Department armory as soon as practical. a. The Department Armorer will issue another firearm to the officer. If the armory is closed, the Watch Commander may issue a loaner firearm from the officer’s area command. b. If the armory is closed, the defective firearm may be placed in a tall evidence locker at the Evidence & Property Division, with the officer sending an email explaining the malfunction or the nature of the defect to the Department Armorer . The armorer shall arrange to issue a replacement or repair the malfunction during the next business day.

N. HOLSTERS

1. Officers shall use Department -authorized holsters for carrying primary , secondary , and back- up firearms on duty.

2. Officers may use one of the Department -issued holsters or purchase a Department -authorized holster without reimbursement from the city.

3. Uniform holsters shall meet the specifications as required in the Uniform Manual ( RM 430.01).

4. Officers using a personally -owned holster for a primary , secondary , or back -up handgun on duty shall
a. Contact the armorer to ensure that the personally -owned holster is authorized. b. Declare how they intend to carry the back -up handgun (e.g., left ankle, vest) on an SPD 197 (Optional Duty Backup Weapon) .
c. Have the holster inspected by a Department Rangemaster and demonstrate proficiency with the holster by using it in a departmental qualification.

O. SHOULDER HOLSTERS

1. Plain clothes officers may wear a Department -authorized shoulder holster for their primary or secondary handgun with their deputy chief’s written approval.

2. Officers assigned to the Air Operations Unit may wear a Departmen t-authorized shoulder holster for t heir primary or secondary handgun without approval from their deputy chief .

Handguns in shoulder holsters shall be secured by a lanyard while in flight.

3. Officers must complete training with the use of the shoulder holster by a Department Rangem aster and su ccessfully complete a department al qualification.

P. TACTICAL WEAPON LIGHT

1. The addition of tactical weapon lights shall be permitted for those personnel who are trained in the use of these systems.

2. The tactical weapon light shall have no visible laser or ligh t/laser combination or tape switches/extensions that activate the light on the pistol grip or around the trigger guard.

3. Officers choosing to carry a tactical weapon light on a duty firearm shall :
a. Use a tactical weapon light that has been approved for use with duty firearms. NOTE: The Department Rangemaster and a rmorer shall maintain a list of Department -authorized

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GENERAL ORDERS

GO 580.04

tactical weapon light s and related equipment.
b. Successfully complete the Department orientation course regarding the proper use and handling of tactical weapon lights. Attendance for the orientation can be arranged through the Department Rangemaster or his/her designee.

4. Officers may install a tactical weapon light system on a Department -issued duty firearm or a personally owned duty firearm. With the exception of Department equipment issued to selected specialized units, all items related to the tactical weapon light system shall be purchased at the officer’s own expense.

5. The tactical weapo n light shall not be used for purposes of general illumination. It shall only be used when a firearm would normally be deployed, and illumination is needed.

6. The tactical weapon light shall only be attached or removed from the weapon after it has been rende red safe, the action is open , and/or the slide is locked back.

7. The tactical weapon light shall not be detached from any firearm while the firearm is loaded and/or the action is closed.

Q. MINIATURE RED DOT SIGHT (MRDS)

1. Officers choosing to carry a duty pistol equipped with an MRDS shall:
a. Only use an MRDS that has been authorized for use with duty firearms. The Department Armorer and Department Rangemaster shall maintain a list of Department -authorized MRDS and related equipment.
b. Prior to carrying the MRD S officers shall successfully complete the Department orientation course regarding the proper use of the MRDS. Attendance for the orientation shall be arranged through the Department Rangemaster or their designee.

2. Officers may utilize an MRDS on a personal ly-owned duty firearm that is specifically designed to allow the mounting of an optic. Examples would include the Glock MOS pistol or the SIG Sauer P320 pistol. Personally -owned MRDS -compatible duty firearms must be inspected and approved by the Department Armorer prior to initial qualification and duty use.

3. Officers may use a genuine Glock or SIG Sauer OEM replacement MRDS -compatible slide in lieu of the slide that originally came wit h the officer’s personally -owned Glock or SIG Sauer P320 or P226 pistol.

4. Officers may not replace a Department -issued duty pistol’s slide with an aftermarket MRDS - compatible slide. Department -issued duty pistols shall retain the original slide and have matching serial numbers on the slide and frame.

5. Officers may use a personally -owned duty pistol with a genuine OEM SIG Sauer or Glock slide that has been milled to accept a n MRDS by a Department -authorized company. The Department Rangemaster and the Departme nt Armorer shall maintain a list of companies that are authorized by the Department to perform slide milling services. Any milled slide shall be inspected by the Department Armorer prior to initial qualification and duty use.

6. Officers shall not have the sl ide of any Department -issued duty pistol milled to accept a n MRDS.

7. Prior to duty use, officers shall re -zero the MRDS if it was removed and remounted on a duty pistol.

8. Officers shall verify the zero on their MRDS duty pistol bi -annually.

9. Backup iron sights shall be used on any MRDS -equipped duty pistol. The backup sights must be of sufficient height to be viewable and utilized within the optic lens.

10. Personally owned Glock MOS or SIG Sauer optic -ready duty pistols may be equipped with a Department -authorized aftermarket adapter plate and/or sealing plate to improve the MRDS fit and reliability. The Department Armorer and Department Rangemaster shall maintain a list of approved plate manufacturers.

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GENERAL ORDERS

GO 580.04

R. WEAPONS COMMITTEE

1. The Weapons Committee shall consist of a :
a. Lieutenant.
b. Sergeant, Sacramento Police Academy.
c. Sergeant, SWAT.
d. Department Rangemaster.
e. Patrol representative.
f. Department Armorer
g. PSU r epresentative.

S. AUDITS

1. The Evidence & Property Division manager shall coordinate an annual audit of all firearms.

2. The audit findings shall be forwarded to PSU.

Appendix E

GO 580.12 - Less Lethal Weapons Systems

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.12

580.12

LESS LETHAL WEAPON SYSTEMS
2-19-2022

PURPOSE
This policy establishes guidelines for the use and deployment of various less lethal weapon systems.

POLICY
It shall be the policy of the Sacramento Police Department to deploy and use less lethal weapon systems as instructed in department training in order to maximize the safety of all individuals involved in an incident.

PROCEDURE
A. DEFINITIONS

1. 12-GAUGE SUPER-SOCK ® BEANBAG ROUND: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Supersock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer . The maximum effective range of this munition is up to from the target. The Model 2581 S uper-Sock® is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock® is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super- Sock® is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

2. PEPPERBALL (LIVE-X ROUND): A less lethal frangible .68 caliber sphere containing 2.5 grams of

2.5% PAVA powder (PAVA powder is a synthetic version of capsaicin or “OC,” which is an irritant found in chili peppers). The pepperball is fired from purpose-built pepperball guns that are energized by a compressed air at 280-425 fps and delivers 8.85 -20.65ft/lbs. of kinetic energy on impact in addition to the dispersion of synthetic irritant. Pepperballs can be fired accurately and effectively to a distance of .

3. PEPPERBALL (GLASS BREAKER): A solid nylon .68 caliber sphere. The Glass Breaker is fired at 280-325 FPS from purpose-built pepperball guns that are energized by compressed air. It delivers 0-30 ft/lbs of kinetic energy on impact. Glass Breakers can be fired accurately and effectively up to a distance of . Glass Breaker rounds will be loaded into a yellow magazine.

4. 40MM EXACT IMPACT SPONGE (BLUE TIP): A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than and as far as from the target.

5. 40MM DIRECT IMPACT OC (ORANGE TIP): A less lethal 40mm lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 39-gram crushable foam projectile delivers 120 ft/lbs of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than and as far as from the target.

6. COMBINED LESS LETHAL: The use of multiple less lethal force options in combination against a violent and/or resistive subject that would reduce the likelihood of further violence or the use of lethal force and allow officers a safer approach to take the subject into custody.

B. AVAILABILITY

1. Less lethal shotguns shall be secured in a weapon mounting system in police vehicles when not deployed. NOTE: Lethal shotgun ammunition shall not be loaded into dedicated less lethal shotguns.

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2. Flexible baton rounds shall be available to all personnel trained in its use.

3. 40mm launchers, 40mm rounds as well as pepperball launchers and pepperball rounds shall be assigned to patrol teams and issued to individual officers by field supervisors.

4. Glass Breaker rounds shall only be loaded in yellow pepperball magazines. They will only be stored in watch commander vehicles and the Sacramento Police Department SWAT Van.

5. Less lethal weapon systems may be deployed by officers trained in their use.

C. DEPLOYMENT CRITERIA

1. Less lethal weapon systems are not a substitute for deadly force.

2. No officer shall simultaneously hold a lethal firearm and any less lethal weapon system launcher.

3. Each officer shall deploy no more than one less lethal weapon system at a time.

4. Officers shall not deploy a less lethal weapon system unless specific information reasonably indicates the potential for the system’s use. The circumstances of each incident shall dictate the reasonableness for the deployment.

5. Pregnant women, young children and elderly people shall not be the intentional target(s) of a less lethal weapon system unless the use of the system is necessary and objectively reasonable under the circumstances.

D. PRE-DEPLOYMENT RESPONSIBILITIES

1. Personnel assigned a less lethal weapon system are responsible for maintaining the system’s operational readiness.

2. When not in use, the less lethal weapon systems shall be stored unloaded in their issued case or vehicle locking device. Pepperball launchers shall not be energized with compressed air.

3. Less lethal weapon systems shall be locked in the vehicle during routine field assignments.

4. Pepperball air cylinders shall be maintained above 2500 PSI and shall be checked daily.

E. USE OF LESS LETHAL WEAPONS

1. Use of a less lethal weapon system shall be pursuant to department policies, in a manner that is consistent with department training, and current law.

2. Use of a less lethal weapon system shall be consistent with the manufacturer’s guidelines and the approved department training plan.

3. When practical target zones shall be consistent with the manufacturer’s guidelines and the approved department training. The head, neck, spine, heart or any other vital organs and groin should be avoided as target areas unless threat and circumstances justify their use.

4. When utilizing combined less lethal systems officers should be aware that nothing in this general order will relieve them of their responsibility to ensure that their application of force is consistent with existing law.

5. Situations for use of the less lethal weapon systems may include, but are not limited to:
a. S elf-destructive, dangerous and/or combative individuals. b. During assemblies, protests, or demonstrations, deployment shall be in accordance with Penal Code Section 13652.
c. Subjects that appear to be, physically unresponsive to a peace officer’s commands when reasonably believed to be armed and/or dangerous. This allows officers a safer approach to provide medical aid, to take the subject into custody, and/or gain a tactical advantage. d. P otentially vicious animals.
e. T raining exercises or approved demonstrations.

6. When practical, prior to firing a less lethal weapon system, the discharging officer shall:
a. Lo udly announce that a specified less lethal weapon system is going to be used. b. I nstruct the Communications Center to broadcast that a specified less lethal weapon system is to be used. The purpose of this notification is to alert all personnel that a less lethal weapon is being used.

7. A mmunition specifically designed for training only shall not be fired at a human being.

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GO 580.12

8. Glass Breaker Pepperball rounds are only to be used with watch commander approval. They are intended to be used on vehicles or residences for the purpose of breaking glass. However, these rounds may also be used to malfunction video cameras, break light bulbs, or other purposes.

9. Glass Breaker rounds shall not be used on people or animals.

F. USE OF FORCE DURING AN ASSEMBLY, PROTEST, OR DEMONSTRATION Peace officers using kinetic energy projectiles or chemical agents during an assembly, protest or demonstration shall ensure that such force is used pursuant to RM 532.11 (First Amendment Assembly Manual).

G. TACTICAL CONSIDERATIONS

1. If possible, when a less lethal weapon system is to be utilized, a sufficient number of officers should be assembled to assist with the physical custody of the targeted subject. The number of additional officers and their responsibilities shall be dictated by the dynamics of the incident.

2. Unless extraordinary circumstances exist, consideration should be given to the following responsibilities:
a. Protection officer(s) – a sufficient number of officers prepared to deliver appropriate force cover options given the immediate circumstances.
b. Custody officer(s) – a sufficient number of officers who are responsible for handcuffing and restraining the subject(s).

3. Under exigent circumstances, nothing in this order shall prohibit an officer from deploying and discharging a less lethal weapon without requesting authorization or having the presence of additional officers.

H. RESPONSIBILITIES

1. After a less lethal weapon system has been discharged and the subject has been restrained, officers shall:
a. Ensure that any injuries sustained are appropriately treated as outlined in:
(1) General Order 522.02 - Emergency Care for Individuals Under Police Care or Control (2) Reference Manual 580.07 - Chemical Agents Manual (section C: First Aid) (3) General Order 580.10 - Use of the Conducted Energy Device (CED) (section G:

Responsibilities After Use)
b. Immediately notify the sergeant supervising the district in which the discharge occurred. The officer shall also notify their immediate supervisor as soon as is practical. c. Comply with the reporting requirements as outlined in the following policies:
(1) General Order 580.02 – Use of Force
(2) General Order 240.03 – Civil Liability

2. Supervisors shall:
a. Respond to the scene of the incident.
b. Ensure photographs are taken of the impact site(s), injuries, discharged projectile and any other evidence of significance.
c. Comply with the use of force reporting requirements pursuant to General Order 580.02 – Use of Force policy.
d. Complete a City of Sacramento Incident/Loss Report form (RM-3 Red Border) when an injury or property damage has occurred.
e. Notify the watch commander of the incident and circumstances. f. Ensure that all evidence, projectiles and expended cartridges are booked into the Evidence and Property Section. Expended pepperballs generally should not be booked. g. Ensure that all appropriate reports are completed before the end of watch. h. Replace any expended projectiles.

I. ACCIDENTAL DISCHARGE

1. Any accidental discharge of a less lethal weapon system shall be immediately reported to the sergeant supervising the district in which the discharge occurred. The officer shall also notify their immediate supervisor as soon as is practical.

2. The circumstances of the accidental discharge shall be documented in a general offense report with the appropriate classification.

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GO 580.12

3. If a malfunction of the less lethal weapon system is suspected, the system and ammunition shall be given to the watch commander who will facilitate the inspection of the equipment by the department armorer.

4. The watch commander shall initiate a division investigation into the accidental discharge and forward the finding in memorandum format through the chain of command to the affected employee’s Office Chief.

Appendix F

GO 580.15 - Special Weapons and Tactics (SWAT) Team

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.15

GO 580.15
SPECIAL WEAPONS AND TACTICS (S.W.A.T) TEAM
04-16-13

PURPOSE
The purpose of this order is to identify roles/responsibility, duties, call out procedures, physical requirements and specialized equipment of the Special Weapons and Tactics (SWAT) team members.

POLICY
It shall be the policy of the Sacramento Police Department to maintain a group of specially trained and disciplined officers qualified to handle specific emergency situations.

PROCEDURE
A. GENERAL

1. In the event of a barricaded subject(s), hostage(s) or sniper(s) situations, or need for a high-risk warrant service, the special weapons and tactics employed by SWAT enable the department to respond to an emergency situation with professional expertise. This provides the optimum police reaction to specific emergency situations while providing a maximum level of safety to all persons involved.

2. SWAT team members shall maintain expertise in areas; to include a. Scouting
b. Team movement
c. Slow/dynamic entries
d. Chemical agents
e. Weapons usage
f. Barricaded subjects
g. Hostage situations
h. Building searches
i. Explosive breaching
j. Diversionary devices
k. SWAT/K9 integrated deployment

3. All SWAT personnel involved in a tactical deployment shall attend any debriefing of the incident.

4. SWAT shall only be requested by a supervisor.

5. As part of any tactical deployment of SWAT, Incident Commanders (IC) shall also consider contacting a negotiator.

B. METRO SPECIAL OPERATIONS LIEUTENANT

1. The Metro Special Operations Lieutenant shall also be known as the SWAT Commander. In this capacity, the commander shall maintain two (2) SWAT teams.

2. The Metro Special Operations lieutenant or a designee shall a. Approve all proposed SWAT team training programs.
b. Have the overall responsibility of procuring and maintaining all specialized weapons and equipment that is unique to the SWAT function.

C. SWAT SERGEANT

1. SWAT sergeants are under the direct command of the Metro Special Operations lieutenant.

2. Each sergeant assigned to SWAT shall
a. Coordinate team activities with the SWAT commander during any tactical deployment. This shall include information gathering on suspects and the suspects' location, deployment of the SWAT team and perimeter groups, and the formulation and execution of tactical plans. b. Directly supervise officers assigned to SWAT, making necessary corrections and commands when appropriate.
c. Ensure a training program is developed, to include weapons training, and their related written debriefs are completed for the team's monthly training and provided to the Metro Special Operation lieutenant.

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d. Conduct annual inspections of each officer's assigned equipment and its condition. e. Monitor on-duty workout time and ensure that all SWAT team members maintain the minimum level of established physical agility.

3. Upon completion of any tactical deployment, the SWAT Sergeant shall submit a concise report to the Metro Special Operations Lieutenant. The concise report should include:
a. A list of deployed SWAT team members and the equipment that that was utilized. b. The reason why SWAT was utilized.
c. A brief summary of the situation and the tactics used. d. Problems that were encountered during the tactical deployment. e. Recommendations for consideration during future SWAT tactical deployments.

D. SWAT OFFICER

1. SWAT officers shall
a. Participate in all weapons and tactics training to ensure proper completion of assigned tasks. b. Maintain all assigned weapons and equipment.
c. Maintain a participatory and cooperative demeanor during training exercises and tactical deployments.

2. During a tactical deployment, each officer shall adhere to assigned tasks to prevent jeopardizing the team's effort and to lessen the hazards to fellow officers and citizens.

E. PHYSICAL AGILITY TEST

1. All officers seeking assignment to SWAT shall pass the SWAT physical agility test before placement on a SWAT team.

2. Each officer assigned to SWAT will be allowed on-duty time to assist in the maintenance of physical conditioning.

3. All members of SWAT shall pass the SWAT physical agility test no less than twice each calendar year.

4. Current physical agility requirements are available for review in the Metro Special Operations office.

5. If necessary, the SWAT supervisor may order any SWAT team member to take the existing physical agility test to determine compliance.

F. USE OF SWAT

1. The first SWAT officer to arrive shall assume the role of SWAT officer in charge and contact the IC for a briefing. The SWAT officer in charge shall direct the activities of the SWAT team until relieved by a SWAT supervisor.

2. As each SWAT officer arrives, he or she shall report to the command post.

3. The SWAT supervisor shall deploy SWAT personnel and equipment as the situation dictates, which may include entry/arrest teams, inner perimeter positions, and scout teams.

4. The SWAT supervisor shall prepare plans of action which could include plans for an assault and for deployment of chemical agents. These plans shall be reviewed with the IC.

5. All persons apprehended by SWAT during a tactical deployment shall be released to officers designated by the IC.

6. SWAT officers shall prepare reports as necessary in connection with their role in the tactical deployment and/or apprehension.

7. Evidence coming to the attention of a SWAT officer during a tactical deployment shall be brought to the attention of the officer designated by the IC.

G. SITUATIONAL RESPONSIBILITIES

1. Hostage Situations
a. When a hostage situation has developed, the SWAT supervisor shall be notified and SWAT personnel shall respond to the incident.
b. When appropriate, SWAT shall establish a cover group of strategically placed snipers and emergency assault team to rescue the hostages(s).

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GENERAL ORDERS

GO 580.15

c. SWAT shall work cooperatively with the IC and the hostage negotiator.

2. Sniper Situations
a. The SWAT is the action group and shall be the primarily responsible for taking snipers into custody or rendering them incapable of doing any further harm. b. A physical assault upon the suspect's location shall only be made as a last resort when

1. There is no response from the suspect,

2. It is unknown if the suspect barricaded inside.

3. With concurrence of the IC.

H. SWAT CALL BACK

1. A SWAT call-up shall be initiated by a watch commander or incident commander (IC).

2. If the need for a SWAT action arises when a SWAT team is on duty, that team will be directed to respond.

3. If the need for a SWAT action arises when a SWAT team is not on duty, a call-out shall be initiated via the Communications Division. The SWAT sergeant or designee shall ensure all appropriate SWAT personnel have been notified.

4. In the event that all SPD SWAT officers are unavailable, with the approval of the watch commander, an outside agencies SWAT team may be requested.

I. ON CALL STATUS

1. The SWAT commander, along with at least (8) members [(1) sergeant, and (7) officers] shall be placed on an “on-call” status at all times. NOTE: An assistant team leader may substitute in lieu of the sergeant.
a. Procedure for the rotation shall be determined by the SWAT sergeant. b. On-call officers shall be available to respond within a reasonable time to any SWAT call-out.

2. All SWAT team members shall live within a thirty (30) minute drive of Highway 50/ Business 80 freeway interchange.
a. The response time shall be calculated on traveling within the legal speed limits and obeying all rules of the road.
b. If necessary, the travel time shall be determined by by the Deputy Chief, Office of Field Services or designee.

J. DEPLOYMENT OF SWAT WEAPONS

1. SWAT weapons may be deployed when the team has been called upon and other weapons would be inappropriate.

2. SWAT personne l shal l not display SWAT weapons on routine calls. a. The weapons may be deployed on rapidly developing spontaneous events with announcement via radio.
b. For planned events, use of the weapons will require the approval from the SWAT Sergeant.

3. SWAT weapons may be deployed when officers are confronted with any potentially armed subjects, armed barricaded subjects, or hostage situations.

4. SWAT sergeants shall ensure that SWAT weapons are cleaned and inspected for proper operation on a regular basis or after each time they are fired.

5. SWAT weapons shall not be routinely stored within the passenger area of a vehicle.

6. At no time, except under exigent circumstances, shall a loaded weapon, except holstered side arms, be brought inside a police facility. NOTE: Any weapon with a magazine inserted shall be considered a loaded weapon.

Appendix G

GO 580.16 - SWAT Diversionary Devices Flash Bangs

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

G.O 580.16

GO 580.16

SWAT DIVERSIONARY DEVICES (FLASH BANGS)
02-26-19

PURPOSE
The purpose of this order is to establish procedures for the use, training, and accountability of diversionary devices.

POLICY
It shall be the policy of the Sacramento Police Department to ensure that diversionary devices are used in a safe and conscientious manner.

PROCEDURE
A. DEFINITIONS

1. DIVERSIONARY DEVICES - A device that has very low shrapnel potential and low incendiary that can produce atmospheric over-pressure and brilliant white light and, as a result, can cause short- term (6 - 8 seconds) physiological/psychological sensory deprivation.

2. AERIAL WARNING/SIGNALING MUNITIONS (DEFENSE-TECHNOLOGY #6028WS)– A 40mm launchable Diversionary Device designed to travel a specific distance and deflagrate above a target.

3. ALTERNATE SAFE DEPLOYMENT AREA– A location where a Diversionary Device can be safely expended in the event the pin has been pulled but the device is not deployed in its intended or pre- planned location.

B. DEPLOYMENT

1. The decision to use Diversionary Devices shall be made by the SWAT Commander or, when absent, by the SWAT Sergeant and when applicable, with the concurrence of the Incident Commander.

2. Diversionary Devices shall only be used:
a. By officers who have been trained in their proper use. b. In hostage and barricaded subject situations.
c. In high risk warrant (search/arrest) services where there may be extreme hazards to officers. d. During other high-risk situations where their use would enhance officer safety. e. During training exercises.

3. Diversionary Devices shall not be used solely to prevent the destruction of evidence.

4. In each instance involving use, the deploying officer(s) shall:
a. Attempt to visually observe the impact point to minimize the possibility of injury. b. Wear eye/ear protection and Nomex gloves if they are in the immediate area. c. Plan for and mitigate obvious fire hazards.
d. Identify an Alternate Safe Deployment Area in the event that the deployment is aborted after the pin is pulled.
e. Collect the spent device for destruction.

5. Aerial Warning/Signaling munitions can be used for riot crowd control or other high-risk situations where their use would enhance officer or public safety. a. Aerial Warning/Signaling munitions are designed to travel approximately 50 meters and deflagrate 20 feet above the target. The launcher shall be held at an approximately 45-degree elevation angle to ensure safe delivery of the munitions. b. Aerial Warning/Signaling munitions shall only be deployed by officers who have been trained in their proper use.
c. The deploying officer(s) shall wear eye/ear protection. d. The use of Aerial Warning/Signaling munitions shall be approved by a lieutenant, incident commander, or higher authority.
e. Aerial Warning/Signaling munitions shall not be aimed directly at a crowd or individual. f. Aerial Warning/Signaling munitions are designed to be used outdoors and have a fire-producing

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

G.O 580.16

capability.
g. Aerial Warning/Signaling munitions shall be deployed in a manner consistent with the manufacturer’s guidelines.

C. AVAILABILITY

1. All Diversionary Devices shall be secured at the direction of the SWAT Commander and in a manner that is consistent with the manufacturer’s direction and the needs of the Department.

2. The SWAT Sergeant or their designee shall:
a. Maintain a “master log” that accounts for the use and inventory of all Diversionary Devices’ serial numbers and Aerial Warning/Signaling munitions.
b. Restock diversionary device supplies.
c. Conduct quarterly audits of the diversionary devices. d. Assure that the spent diversionary devices are properly destroyed.

D. TRAINING

1. The initial training shall be consistent with the manufacturer’s recommendation, which shall include practical exercises.

2. Authorized officers shall be trained in the use of munitions and how to properly shield their eyes and ears from explosive flash and over-pressure.

3. Certified Diversionary Device SWAT instructors will conduct training for officers.

4. The SWAT Commander shall ensure that each SWAT officer and authorized canine officer receives regular training in the use of Diversionary Devices not less than once per year.

5. The SWAT Commander shall ensure that each authorized officer receives regular training in the use of Aerial Warning/Signaling munitions.

E. SAFETY

1. Munitions which fail to deflagrate shall be considered hazardous and disposed of in accordance with the manufacturer’s guidelines.

2. Officers handling or manipulating munitions which failed to deflagrate shall wear appropriate protective equipment to include eye and ear protection and Nomex gloves.

Appendix H

GO 580.17 - Use of the Long Range Acoustical Device

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.17

580.17

USE OF THE LONG RANGE ACOUSTIC DEVICE (LRAD)
1-17-23

PURPOSE
The purpose of this order is to establish guidelines for the deployment and use of the LRAD – Long Range Acoustic Device.

POLICY
It shall be the policy of the Sacramento Police Department to deploy and use the LRAD to maximize the safety of all individuals involved in an incident.

PROCEDURE
A. DEFINITION
Long Range Acoustic Device (LRAD) - A high -intensity directional acoustic array for long-range crystal -clear hailing and notification. The LRAD is only authorized for use as a communication device.

B. GENERAL

1. The LRAD shall only be used by officers trained in its deployment and used in a manner consis tent with Department policy and training.

2. Officers shall document use of the LRAD as required by GO 410.06 – Use of Military Equipment .

3. The LRAD warning tone shall not be used.

4. To ensure the LRAD is not damaged, it shall not be transported at speeds greater than 15 MPH when mounted on the outside of a vehicle .

C. COMMUNICATION

1. The LRAD may be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of :
a. Civil emergencies.
b. Natural disasters .
c. Evacuations.
d. Police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments , etc.)

2. The LRAD device may be used by police negotiators to initiate verbal contact with a subject when other forms of communications are not practical.

Except as described in section C .2. above, a prerecorded message shall be used to make announcements , when possible . When the use of a pre -recorded message is not possible or when additional information is necessary, the LRAD’s handheld micropho ne or remote headset may be used.

Appendix I

GO 580.18 - Deployment of Armored Vehicles

SACRAMENTO POLICE DEPARTMENT

GENERAL ORDERS

GO 580.18

580.18

DEPLOYMENT OF ARMORED VEHICLES
06-22-18

PURPOSE
The purpose of this order is to establish guidelines for the deployment and use of SPD armored vehicle s by patrol teams during critical incidents. Patrol officers are the first responders to all unplanned critical incidents and should have access to armored vehicles to provide ballistic protection during these events.

POLICY
It shall be the policy of the S acramento Police Department to deploy and use armored vehicles in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and lead ultimately to a successful conclusion of a critical incident.

PROCEDURE
A. GENERAL

1. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

2. The use of armored vehicles shall only be authorized by a watch commander based on the specific circumstances of a given critical incident. Critical incidents will involve actual, threatened, or suspected violence related to loss of life or other serious bodily injury.

3. The watch commander shall ensure that the S pecial Weapons and Tactics (SWAT) commander is notified regarding the use of the armored vehicle as soon as is practical.

4. The use of this equipment shall not be used in lieu of using SWAT, per G.O. 580.15 [Special Weapons and Tactics (S.W.A.T.) Team].

5. Dispatch shall note on the call whenever Patrol is deploying armored vehicles.

B. AVAILABILITY

1. The armored vehicles will be secured and maintained by the SWAT team.

2. The keys and checkout book will be secured in the Metro parking lot.

C. LIMITS TO DEPLOYMENT OF ARMORED VEHICLES

1. Armored vehicles shall be deployed by Patrol for critical incidents involving actual, threatened, or suspected violence related to loss of life or serious bodily injury.

2. Armored vehicles shall not be used for crowd control situations unless art iculable facts dictate the need to deploy the equipment.

3. Armored vehicles shall not be used for routine patrol or day -to-day operations.

Appendix J

RM 532.11 - First Amendment Assembly Manual

SACRAMENTO POLICE

DEPARTMENT
First Amendment Assembly
MANUAL

RM 532.11

SACRAMENTO POLICE DEPARTMENT
First Amendment Assembly Manual

SACRAMENTO POLICE DEPARTMENT
First Amendment Assembly Manual

REVISED: 2-19-2022

PURPOSE

This policy provides guidance for managing public assemblies, demonstrations and protests.

POLICY

The Sacramento Police Department (SPD) serves the community in the capital of California. As the capital city, public assemblies, demonstrations and protests occur frequently. First Amendment rights and the right to peacefully assemble exercised within the law must be respected and protected. It is the policy of this department to not harass, intimidate, or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property.

Every assembly is unique; therefore, it is imperative that SPD’s actions are proportional to the behaviors encountered. Adaptable strategies and tactics are essential in handling these events. The purpose of SPD’s presence at the scene of a public assembly, demonstration or protest is to preserve the peace, protect life, prevent the destruction of property, and to facilitate the exercise of First Amendment rights.

Many of the assemblies within the City of Sacramento are peaceful and do not require direct police intervention. During an assembly, the balance between enforcement actions and de-escalation should always be considered. Tactics used should allow for the continuance of the assembly and exercise of First Amendment rights when possible while addressing public safety and criminal behavior as safely as possible.

This manual is based upon Assembly Bill 48 as codified in Penal Code 13652 which states:

13652. (a) Except as otherwise provided in subdivision (b), kinetic energy projectiles and chemical agents shall not be used by any law enforcement agency to disperse any assembly, protest, or demonstration.
(b) Kinetic energy projectiles and chemical agents shall only be deployed by a peace officer that has received training on their proper use by the Commission on Peace Officer Standards and Training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control, and only in accordance with all of the following requirements:
(1) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
(2) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (3) Persons are given an objectively reasonable opportunity to disperse and leave the scene.
(4) An objectively reasonable effort has been made to identify persons engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of persons.

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(5) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. (6) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
(7) An objectively reasonable effort has been made to extract individuals in distress. (8) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (9) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
(10) Kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency solely due to any of the following:
(A) A violation of an imposed curfew.
(B) A verbal threat.
(C) Noncompliance with a law enforcement directive.
(11) If the chemical agent to be deployed is tear gas, only a commanding officer at the scene of the assembly, protest, or demonstration may authorize the use of tear gas.
(c) This section does not prevent a law enforcement agency from adopting more stringent policies. (d) For the purposes of this section, the following terms have the following meanings:
(1) “Kinetic energy projectiles” means any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds. (2) “Chemical agents” means any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2- chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum.

GENERAL PROCEDURES

A. Types of Crowds

1. Peaceful assembly- Lawful, constitutionally protected actions and speech with no laws being violated.

2. Civil disobedience- An unlawful event involving a planned or spontaneous demonstration by a group or groups of people.

3. Riot- Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law.

B. Planned Assemblies

1. These include assemblies which have gone through a permit process or assemblies that SPD gained prior knowledge of and has adequate time to plan and prepare for.

2. An Incident Commander should be assigned when necessary to develop an incident action plan (IAP) to include consideration for:
a. staffing.
b. traffic mitigation.
c. community impact.
d. outreach with organizer(s)
e. general public safety

3. Planned assemblies may not always require a police presence; however, having prior knowledge of

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the event will allow an initial assessment and monitoring of the event, as needed.

C. Unplanned Assemblies

1. These are spontaneous assemblies that have not gone through a permit process and/or an assembly that SPD had no prior knowledge of to allow adequate planning.

2. Initial responding officers should:
a. determine the purpose of the assembly.
b. contact the organizer or leader of the assembly, if possible. c. d etermine the planned actions of the assembly.
d. brief the area supervisor who shall determine if additional resources and planning are needed.

3. S upervisors shall notify the on-duty watch commander of an unplanned assembly in progress.

D. Response

1. Should the assembly be lawful and peaceful, only periodic monitoring may be needed.

2. Should the assembly involve civil disobedience, an Incident Commander shall attempt to obtain the necessary resources to manage the activity.

3. Should the assembly turn into a riot, the Incident Commander should determine what resources would be needed/allocated and may declare an unlawful assembly.

4. T here may be small groups within a larger assembly who are engaged in civil disobedience or illegal acts and, when possible, efforts should be made to identify and/or detain and arrest the specific individuals involved in the unlawful activity. However, there will be situations where, based on the totality of circumstances, the entire assembly must be declared unlawful in order to effectively prevent violent and disorderly activity or where enforcement action is not reasonable or feasible against the specific subjects committing illegal acts.

5. The response to any assembly should be proportional to the behaviors observed.

6. Continual reevaluation of the situation should be made by the Incident Commander to determine appropriate courses of action.

E. Use of Force

1. All uses of force during the management of an assembly shall follow the Sacramento Police Department’s Use of Force Policy (G.O. 580.02) and should be recorded on body worn camera.

2. Supervisors shall be notified of any reportable use of force and tracking software entries shall be completed as soon as practical.

3. Reportable uses of force will be reviewed in accordance with G.O. 580.02.

F. Kinetic Energy Projectiles and Chemical Agents

1. G
enerally, authorized use of chemical agents shall be at the direction of the Incident Commander However, officers observing an imminent threat to life or serious bodily injury during an event which reasonably requires the immediate use of their issued chemical agent (3 oz container, fogger, or pepperball of OC) may act in accordance with applicable policies without seeking and receiving Incident Commander direction, if the delay in seeking authorization would likely result in additional violence on the part of the suspect or injury to the officer or any the public.

2. K
inetic energy projectiles and chemical agents shall only be deployed if their use falls within the department’s Use of Force Policy, the Chemical Agents Manual and the provisions of Penal Code Section 13652.

3. I n addition to the requirements of Penal Code Section 13652, factors to consider prior to use include, but are not limited to:
a. violence of the participants.
b. whether the participants have been given notice of an unlawful assembly to include use of kinetic weapons and chemical agents if participants fail to disperse. c. whether the participants have an avenue of egress.
d. whether there are participants present who are at risk of serious effects related to the use of chemical agents (i.e., children, elderly or disabled). e. whether there are facilities in proximity of the deployment which may be impacted (e.g., hospitals, schools, day care centers).
f. whether first aid is available, if needed.
g. any adverse weather conditions that may impact the effectiveness of the chemical

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agent.
h. whether officers have the proper protective equipment for chemical agent exposure.

4. The Incident Commander and those authorized in the deployment of chemical agents shall be familiar with the Chemical Agents Manual 580.07.

5. Chemical Agents shall be deployed only by those trained and authorized to do so.

6. Prior to authorizing use of kinetic energy projectiles or chemical agents, the Incident Commander shall ensure compliance with GO 580.02 and Penal Code 13652.

G. Media

1. The SPD Media Policy as well as applicable law shall be followed.

2. If officers close the immediate area surrounding any emergency field command post or any other command post, or establish a police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged in a protected activity pursuant to the First Amendment, officers shall comply with the requirements of Penal Code § 409.7 relating to media access which state that:
a. A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network may enter the closed areas described in this section. b. A peace officer or other law enforcement officer shall not intentionally assault, interfere with, or obstruct the duly authorized representative of any news service, online news service, newspaper, or radio or television station or network who is gathering, receiving, or processing information for communication to the public.
c. A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network that is in a closed area described in this section shall not be cited for the failure to disperse, a violation of a curfew, or a violation of paragraph (1) of subdivision (a) of Section 148, for gathering, receiving, or processing information. d. If the duly authorized representative is detained by a peace officer or other law enforcement officer, that representative shall be permitted to contact a supervisory officer immediately for the purpose of challenging the detention, unless circumstances make it impossible to do so. e. An officer may still enforce other applicable laws if the person is engaged in activity that is unlawful.

H. Self-Identified Legal Observers and Crowd Monitors

1. Do not have the same legal status as the professional media and are therefore subject to all laws and orders.

2. A supervisor or Incident Commander may allow a person who self identifies as a legal observer or crowd monitor to remain in an area after a dispersal order. A reasonable effort should be made to establish an observation area for the observers and monitors independent of the media representatives that is sufficiently near the incident to allow observation which will not interfere with emergency or criminal investigation operations.

Observers and monitors in this assigned area would not be subject to arrest or detention.

I. Outside Agency Assistance or Mutual Aid

1. Outside agency assistance or mutual aid can be considered by the Incident Commander when the magnitude and/or duration of the event may necessitate additional resources.

The Incident Commander shall inform outside agencies operating with SPD the mission, objectives, and goals of the operation. When outside agencies are staffing the same assembly where no mutual aid has been requested, coordination with those agencies should occur.
a. When outside agencies are working independently on the same assembly, efforts should be made to identify a liaison so communication between agencies can occur. Ideally, a representative from the other agency/ies should be present at the command post. b. R equests for mutual aid should be made in accordance with the Mutual Aid Policy. c. The Incident Commander may request activation of the Sacramento Regional Incident Management Team (SRIMT). SRIMT provides the framework necessary to establish an incident command or unified command system as required by the Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS) and has specifically trained personnel to respond to and manage major and/or complex critical incidents requiring a significant number of local, regional, or state

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resources. This request will be made through the Sacramento Regional Fire EMS Communications Center (SRFECC), which will contact the Sacramento Operational Area Coordinator.
(1) Team activation requests are considered on a case-by-case basis. (2) A request for activation should include the following information:
a) Type/nature of the incident.
b) Proposed scope of work for which the SRIMT is needed. c) Incident Command Post location.
d) A contact phone number for the Incident Commander or their designee. (3) SPD will retain jurisdictional responsibility (Government Code 8618) for any incident within the city limits.
(4) Levels of SRIMT activation include:
a) Full Team- SRIMT will staff all command and general staff functions. b) Short Team- SRIMT will provide two personnel for each command and general staff functions.
c) Specific Resource- SRIMT will provide personnel and trainees to meet specific limited command and general staff functions.

2. A request for National Guard resources requires approval by the City Manager and the Chief of Police and shall be made in accordance with the Mutual Aid Policy.

3. When requesting assistance from outside agencies, consideration should be given for the following:
a. Outside agency resources may best be used at fixed posts to protect assets versus field force deployment.
b. Interoperability of communication systems.
c. Assigning at least one person to be the primary coordinator with outside agencies. d. Assure there is a check in and check out process to include equipment return and accounting for any actions taken.
e. Assure all uses of force are reported.
f. Opening of a joint operations center (JOC).
g. Logistical needs for outside agencies.
h. Assure outside agencies understand operational objectives.

RESPONSIBILITIES
A formal Incident Action Plan (IAP) should be developed using the principles of the Incident Command System (ICS) for large-scale events. However, flexibility and adaptability should be considered as each assembly is unique. Not all forms or positions listed below will always be implemented. Positions listed below can be staffed with other designees at the discretion of the Incident Commander. It is the responsibility of the Incident Commander (IC) or operations chief to store all IAP’s on the shared drive in the folder titled “IAP”.

ICS Forms-

ICS 201 Incident Briefing.

ICS 202 Incident Objectives
ICS 203 Organization Assignment
ICS 204 Division/Unit Assignment
ICS 207 Organizational Chart
ICS 211E Equipment Check-in
ICS 211P Personnel Check-in List
ICS 201 Incident Planning Worksheet
ICS 220 Air Operations Worksheet
ICS 205 Radio Communications Plan

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A. Incident Commander - The individual responsible for all incident activities, including the development of strategies and tactics and the ordering and the release of resources. The IC has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site.

1. Normally assigned to a Captain or Lieutenant.

2. Determine and communicate incident mission, objectives and goals.

3. Plans and coordinates activities of staff.

4. Creates Incident Action Plan (IAP) when needed to include objectives, command post and staffing assignments.

B. Operations Chief- Normally assigned to a Lieutenant or Sergeant who establishes the tactics to meet the incident objectives and directs all operational resources.

C. Public Information Officer- Normally assigned to one of the department’s designated spokesperson(s) who serves as the conduit for information to internal and external stakeholders, including the media or other organizations seeking information directly from the incident or event.

D. Liaison Officer- Responsible for coordinating with representatives from cooperating and assisting agencies or organizations assisting at an incident.

1. Role can be staffed by one or more personnel, dependent on the size of the event and the number of outside agency personnel involved.

2. Primary person assisting with outside agency coordination.

3. Can also be assigned to communicate with assembly organizer.

E. Planning Officer- Supports the incident action planning process by tracking resources, collecting/analyzing information, and maintaining documentation.

1. Role can be staffed by one or more personnel.

2. Conducts plans for future staffing, to include consideration of department-wide 12-hour shifts, altering existing shift start times and cancellation of days off.

3. Plans for demobilization at the conclusion of the event.

4. Conducts other planning as requested by the Incident Commander.

5. Creates IAP(s) for next operational period(s).

F. Logistics Officer- provides resources and needed services to support the achievement of the incident objectives.

1. Role can be staffed by one or more personnel.

2. Fleet, Logistics, and Supply Administrative Analysts may assist the logistics officer.

3. Assists the Incident Commander with equipment, food, and facility needs.

G. Field Operations

1. Platoon leader (Lieutenant)
a. Oversees squad leaders (Sergeants)- A platoon generally consists of four squads. b. Responsible for directing teams to designated positions to accomplish the direction of the Incident Commander.
c. Assure team leaders understand goals and directions. d. Ensures the proper and proportional application of force. e. Accounts for and assures all use of force is documented and reviewed. f. Advises the Incident Commander of:
(1) all uses of force to include the application, type of force and officer(s) involved. (2) all arrests and citations and suspect disposition. g. Accounts for all equipment.

2. Sergeant (Squad Leader)
a. Oversees a team (squad) of approximately 9 officers. b. Implements direction given by the platoon leader.
c. Assures staff has safety equipment.
d. Continuously assesses officer’s readiness and provide breaks as needed. e. Advise the platoon leader of all uses of force incidents and documents as applicable per policy.

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3. Officers:
a. report to a squad leader.
b. shall assure issued equipment is readily available to themselves and operational. c. shall not conduct any independent action unless necessary to protect themselves or the public from an imminent threat.
d. should vocalize any use of force, when possible, on BWC to include:
(1) the location of where the use of force occurred.
(2) the type of force that was utilized.
(3) the reason for use of force.
(4) description of subject for whom the force was intended. e. shall ensure name and/or badge number are visible on the exterior of the uniform of the day.
f. shall not seize cameras, cell phones or belongings of participants or observers unless officer(s) is placing that person under lawful arrest, the item is evidence of a crime, or the property is abandoned.
g. shall advise squad leader of any use of force.
h. may be assigned to deploy chemical agents.

H. Intelligence Officer

1. Staffed by a member(s) of the Criminal Intelligence Unit.

2. Provides information to the Incident Commander on assembly time, place, purpose, organizers and counter protests when information is known.

I. Arrest Processing

1. In the event arrests are necessary, a team of detectives and/or other personnel may be assigned to this role.

2. A processing location should be designated by the Incident Commander that is safe and secure and away from the main area of the demonstration.

3. Body-worn cameras shall be activated during all contact with subjects at the arrest processing site.

4. Personnel assigned should process the arrest or cite and release of the subjects as efficiently and timely as possible while ensuring all the necessary information and Mirandized statements are obtained.

5. Personnel should be assigned to transport arrestees to the arrest processing location.

6. The arresting officer shall complete the probable cause statement, fill out the arrest log, and identify the person whom they arrested on BWC in the field prior to transportation.

J. Command Post

1. The location from which the Incident Commander manages the assembly. For smaller assemblies it may be closer in proximity to the event. However, during larger-scale assemblies the command post should be at an offsite location.

2. Only personnel designated by the Incident Commander shall be allowed into the command post.

3. The command post is generally not located with staging, logistics or arrest processing.

K. Fiscal Unit:

1. monitors costs related to the incident.

2. provides accounting, procurement, time recording and cost analysis.

L. Communications

1. For larger assemblies, a tactical dispatcher may be requested to manage the dedicated operational channel at the command post.

M. Community Liaison Officer-pre-designated by the Incident Commander or designee and is responsible for engaging with the event organizer and/or participants, ideally from the planning stage before the event until its conclusion.

1. Should work with event organizer to help facilitate a peaceful protest by reviewing the schedule of events.

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2. S hall advise organizer(s) that criminal acts can result in the assembly being declared unl
awful and that enforcement action can be taken against the violators.

3. Provide contact information to the organizer and, when practicable, remain in constant communication during the event.

4. Should serve as a liaison in the field between the event organizers and the Incident Commander or designee.

UNL

AWFUL ASSEMBLIES
A. The Incident Commander can determine an assembly to be unlawful based on current law.

Specifically, California Penal Code section 407 states that whenever two or more persons assemble to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.

B. California Penal Code section 408 makes an unlawful assembly a misdemeanor.

C. California Penal Code section 409 makes it a misdemeanor to remain at a riot or unlawful assembly after having been ordered by the peace officer to disperse.

D. An unlawful assembly may be considered if there is violence or clear and present danger of imminent violence, or other unlawful acts such as property damage.

E. The Incident Commander should not declare an unlawful assembly if the sole purpose is to provide direction to the crowd.

F. Prior to declaring an assembly unlawful, the Incident Commander should gather adequate resources to manage the crowd in the event that participants do not leave.

G. Once an assembly has been deemed unlawful, the admonishment shall be read over an
am
plified device. The admonishment should state the time and give a specific number of minutes for people to leave. During the final admonishment, the person broadcasting shall ensure that, “this is the final notice, anyone remaining on the street (or other specified l
ocation) will be subject to arrest” is also declared.

H. Once admonitions are initiated, the Incident Commander or their designee shall ensure there i
s an avenue for those assembled to leave the area as directed. Those assembled shall be given a reasonable opportunity to comply with the direction to leave.

I. Repeated, audible announcements shall be made announcing the intent to use kinetic energy projectiles and/or chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in m
ultiple languages, if appropriate.

J. The Incident Commander will make the decision on how best to make arrests or move an as
sembly after the admonishments have been given.

K. In the event of passive resisters (a person who is neither fighting, resisting arrest, nor running aw
ay, but unlawfully remains after the admonition is given), the Incident Commander shall consider the following:

1. if possible, encircle the passive resisters and separate them from others assembled.

2. use pre-determined arrest teams to contact each person and read each person the pas
sive resister admonishment.

3. if a passive resister will not voluntarily stand to be handcuffed, control holds and pressure poi
nts consistent with department training can be utilized and the subject should be c
harged with resisting arrest.

S

TRATEGIES AND TACTICS
The following are some of the possible tactics for crowd control situations that the Incident Commander should consider:

A. If the assembly is peaceful and not impeding traffic:

1. officers may contact the organizer to determine plans.

2. officers can monitor as needed.

B. If the assembly begins to impede traffic but is otherwise peaceful , officers can form a traffic
perimeter of a 1-3 block radius from the crowd to prevent vehicles from entering where people are assembled in the roadway and to facilitate the movement of the crowd.

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C. If the assembly begins to have acts of misdemeanor vandalism such as spray painting:

1. t he Incident Commander can direct officers to arrest the individuals who committed the unlawful acts if it is safe to do so.

2. i n situations where it would be unsafe to attempt arrests, officers should attempt to gather as much information as possible for a crime report in order to identify and arrest the suspect(s) at a later time.

D. If an assembly results in violence (i.e., officers or others being assaulted, arson, etc.):

1. t he Incident Commander may direct that an unlawful assembly be declared and that arrests of those who remain be effected.

2. i n situations where it would be unsafe to attempt arrests, officers should attempt to gather as much information as possible for a crime report in order to identify and arrest the suspect(s) at a later time.

3. t he Incident Commander may consider using various standardized tactics such as line formations to move the crowd to prevent further violence.

4. the I
ncident Commander can decide to direct personnel to deploy less lethal force when consistent with the SPD Use of Force Policy (G.O. 580.02) and Penal Code 13652.

5. the
Incident Commander may consider the deployment of chemical agents when a riot is occurring to include violence, arson, looting and after an unlawful assembly admonishment has been given. This does not preclude the self-deployment of OC foggers, 3-ounce containers or pepperball when exigent circumstances exist.

E. Crowd Management Techniques may include the following:

1. protecting critical infrastructure with skirmish lines.

2. i solating the crowd to specific routes and locations as needed to prevent traffic impacts, to prevent furtherance of criminal activity, or to make arrests.

3. p resenting a display of officers to deter criminal activity.

4. giving a dispersal order to allow notification and time for participants to leave peacefully after an assembly is declared unlawful.

5. contacting the leader or organizer of the assembly to mediate a resolution.

6. i mplementing reasonable time, place and manner restrictions to protect public safety. An example would be to separate two antagonistic groups for public safety but still allowing them to be in the same general area. Any restrictions must be:
a. content neutral.
b. narrowly tailored to serve an important government interest. c. leave room for open, ample alternative channels of communication.

F. Specialty Resources - The resources below are not limited to the functions listed and may be used for other purposes at the discretion of the Incident Commander.

1. Bike Officers:
a. can be used to create a traffic perimeter due to their mobility to navigate traffic. b. can be used to monitor assemblies from a distance.
c. can be deployed on a skirmish line to provide larger coverage areas due to the width of their bikes.
d. can use bikes to move a skirmish line forward.
e. can be used to maneuver into a crowd to effect an arrest.

2. SWAT Officers:
a. can be used to deploy chemical agent(s).
b. can be used as arrest teams .
c. c
an be used for an officer or a subject rescue.
d. can be used as a quick response team.

3. Detectives:
a. can be assigned to a squad.
b. can be assigned to arrest team/processing.
c. can be assigned to conduct follow up on crimes committed. d. can be used in an intelligence- gathering capacity.

4. Motor Officers:

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a. can be used to create a traffic perimeter for traffic safety. b. can assist in monitoring an assembly from a distance.

5. Air Support Unit:
a. can provide an overview of the event from the air to include the size of the assembly. b. can assist in identifying subjects committing a crime and documenting criminal activity. c. can provide information on traffic considerations.

6. Real Time Crime Center:
a. can be used to monitor video feeds of the assembly.
b. can assist in documenting crimes being committed to include suspect information. c. provides real-time information to the Incident Commander.

7. Professional Standards Unit
a. can proactively ensure timely reporting of uses of force and auditing of body-worn camera footage.
b. can assure reports, as well as blue and red border forms are completed and thorough.

DEMOBILIZATION
At the conclusion of an assembly, proper demobilization is critical for accountability. The following should be considerations of the Planning Officer:

A. Accounting for all personnel to include any mutual aid staff.

B. Accounting for any use of force.

C. Completing all documentation (first report of injury, report writing, etc.) at the end of watch unless authorized to hold over for the next shift by the Incident Commander or their designee.

D. Closing and cleaning any facilities utilized.

E. Cleaning, repairing, and returning any equipment that was checked out.

F. Inventorying less lethal and chemical agents and re-ordering, if applicable.

G. Restocking any other equipment or paperwork utilized.

H. Conducting after-action debrief, when appropriate, as determined by the Incident Commander.

AFTER ACTION REPORT:

In accordance with SPD policy, all major police operations require an After-Action Report. After every incident requiring an IAP, a report should be made by the Incident Commander to include:

A. Synopsis of the incident to include time, type of incident and resources used.

B. Any Uses of Force including numbers and types.

C. Arrests.

D. Damage.

E. Reports numbers.

F. Equipment issues.

G. Specific type and number of Less Lethal Munitions used.

H. Media interaction.

I. Number of personnel assigned.

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APPENDIX
First Amendment
C
ongress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.

T
he following is a summary of some of the admonishments and California Penal Codes related to assemblies.

Admonish Only:

I
am (rank/name), a police officer with the Sacramento Police Department. I am giving you a lawful order (NOTE: be specific on your direction to the crowd: “You can no longer block 5th and J Street. You can continue to march or move onto the sidewalk area”).

Dispersal Order (726 PC):
“I
am (rank/name), a police officer with the Sacramento Police Department. I hereby declare this to be an unlawful assembly and, in the name of the people of the State of California, order all those assembled at (give specific location) to disperse immediately. You have (state the current time and a reasonable amount of time to disperse, e.g., “it is now 9:30 pm and you have 15 minutes to leave the area) to disperse. Those who remain may be arrested.” Disperse by walking on the sidewalk (provide specific direction; example:
away from officers towards 20th street).

R
eminders:

1. U
se plain language when giving directions for dispersal (do not use north, south, east or west—as it can be
confusing).

2. Make sure the avenue of dispersal is not blocked by officers.

3. On the last and final dispersal order, add, “this is the final notice, anyone remaining on the street will be subject to arrest” (modify this if you are also clearing the sidewalk area of a blockage).

4. I
n the event of objectively dangerous and unlawful situations that less lethal munitions, chemical agents or electronic devices are to be utilized, the dispersal order should also include the following: “you may be arrested and/or subject to other police action including the use of: (name the type of device/weapon t
o be used i.e. kinetic energy projectiles, chemical agents, or electronic devices) which could result in s
erious injury”
Passive Resister Admonishment (726 PC):
“I
am (Rank/Name), of the Sacramento Police Department. Please accompany these police officers who will process your arrest. If you do not voluntarily accompany them and you remain in a passive position, you may be subject to an additional arrest charge. We will not lift or carry you. If your passive resistance continues you will be subjected to control hold that will inflict a degree of pain. I repeat, we will not lift or carry you. You are under arrest and you are being asked to voluntarily cooperate and accompany these police officers.”

SACRAMENTO POLICE DEPARTMENT
First Amendment Assembly Manual

Common California Penal Codes

148 PC. Resisting Arrest

241 PC. Assault on a Police Officer

403 PC Willfully disturb or break up a public assembly or government meeting

407 PC- Unlawful Assembly defined

409 PC. Remaining present at place of riot, etc., after warning to disperse

415 PC. Disturbing the Peace

416 PC. Refusing to disperse upon lawful command

422 PC. Punishment for Threats

First Amendment Restrictions:

To survive First Amendment constitutional challenges, such restrictions must satisfy a three-prong test outlined by the Supreme Court in Ward v. Rock Against Racism (1989).

1. The regulation must be content neutral.

2. It must be narrowly tailored to serve a significant governmental interest.

3. It must leave open ample alternative channels for communicating the speaker’s message.

SACRAMENTO POLICE DEPARTMENT
First Amendment Assembly Manual

UOF to Disperse a Crowd Checklist

As a result of Assembly Bill 48, with limited exceptions, “…kinetic energy projectiles and chemical agents shall not be used by any law enforcement agency to disperse any assembly, protest, or demonstration.” AB 48 restricts law enforcement from using these less-lethal options to “defend against a threat to life or serious bodily injury to any individual, including any officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control”, only when the following requirements have been met or failed:

□ De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.

□ Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate.

□ An objectively reasonable effort has been made to identify persons engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals eng aged in violent acts.

Projectiles shall not be aimed indiscriminately into a crowd or group of persons.

□ Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable.

□ Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.

□ An objectively reasonable effort has been made to extract individuals in distress.

□ Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so.

□ Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.

□ Kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency solely due to any of the following:
- A violation of an imposed curfew.
- A verbal threat.
- Noncompliance with a law enforcement directive.

□ If the chemical agent to be deployed is tear gas, only a commanding officer at the scene of the assembly, protest, or demonstration may authorize the use of tear gas.

“Kinetic energy projectiles” means any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds.

“Chemical agents” means any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2- chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum.

Reference GO 580.02 for Watch/Incident Commander reporting requirements.

Appendix K
R
M 532.16 - Bomb Squad Manual
Sacramento Police Department

Bomb Squad Manual

RM 532.16

SACRAMENTO POLICE DEPARTMENT
REFERENCE MANUAL 532.16

BOMB SQUAD MANUAL
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532.16

BOMB SQUAD MANUAL
07-12-2011
TO: ALL PERSONNEL
All explosives shall be handled by members of the De partment Bomb Squad. The Department’s goal is to protect lives and property and to minimize t he impact these incidents have on the community.

Officers shall report, through the chain of comman d to the Chief of Police, any discrepancies or conflicts they discover between the contents of this manual and current law or police procedure.

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TABLE OF CONTENTS
A. DUTIES AND RESPONSIBILITIES PAGE 3
B. ORGANIZATIONAL STRUCTURE
C. NOTIFICATION AND RESPONSIBILITIES OF THE BOMB

SQUAD SUPERVISOR
D. BOMB SQUAD PROCEDURES PAGE 4
E. RESPONSE PROCEDURES FOR SUSPICIOUS ITEMS PAGE 5
F. TRANSPORTATION OF SUSPICIOUS DEVICES
G. POST BLAST PROCEDURES
H. RANGE PROCEDURES PAGE 6
I. COMMERCIAL EXPLOSIVES DISPOSAL PROCEDURES
J. MILITARY ORDNANCE PROCEDURES
K. REMOTE CONTROLLED DEVICE PROCEDURES PAGE 7
L. SPECIAL OPERATIONS/DRUG RAIDS
M. STORAGE OF DEVICES AND EXPLOSIVES
N. BOMB THREATS AND SEARCHES
(Also refer to G.O. 532.03 -B omb Threats/Explosive Devices) O. REPORTING OF INCIDENTS PAGE 8
P. MUTUAL AID/VOLUNTARY COOPERATION
Q. REFERENCES TO CONSIDER

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A. DUTIES AND RESPONSIBILITIES OF THE BOMB SQUAD

1. Render safe and/or remove suspected impr ovised explosive devices (IEDs), incendiary devices, explosives, pyrote chnics, flares, explosive chemicals and other hazardous situations (i.e. items clas sified by the FBI as Weapons of Mass Destruction in accordance with title 18 USC 2332).

2. Provide for proper and safe transportation, disposal and/or stor age of explosives and other items as referred to above.

3. Respond and evaluate suspicious objects/packages/vehicles.

4. Compile and report information on explosiv e devices and incidents to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Bomb and Arson Tracking System (BATS).

5. Collect and preserve evidence.

6. Document information and submit written reports.

7. Conduct all follow- up investigations.

8. Prepare and provide court room testimony.

9. Store, maintain and inventory bomb squad equipment.

10. Provide support to special operations/e vents, including di gnitary protection.

11. Prepare and participate in explosive related training programs.

12. Maintain professional liais on with other state and local bo mb squads, military explosive ordnance disposal (EOD) units, Feder al agencies and other associations.

13. Develop emergency response plans for bomb threats, IED’s and bomb crime scenes.

14. Develop and promulgate bomb threat awareness and safety programs for public and private organizations.

15. Provide training to Department personnel as it relates to explosives and explosive devices, as well as the response to such incidents.

16. Report found or recovered military ordnance to military EOD units.

17. Support specialized law enforcement with the clearing of drug labs, marijuana fields or other locations where booby traps and explosives could be located.

18. Provide robotic support.

19. Provide explosive breaching support.

20. Special searches, including oversight on t he use of explosive det ection canines during operations.

21. Provide mutual aid when requested and authorized.

B. ORGANIZATIONAL STRUCTURE

1. Bomb Squad Supervisor
a. Shall be a Hazardous Devices School (HDS) certified bomb technician or accepted to HDS within 6 months of being selected as bomb squad supervisor.

2. Core Staffing
a. Shall be comprised of HDS certified bomb technicians.

3. Supervision
a. While performing bomb s quad functions the bomb tec hnicians will be under the supervision of the bomb squad supervisor.

C. NOTIFICATION AND RESPONSIBILITIES OF THE BOMB SQUAD SUPERVISOR

1. The Bomb Squad Supervisor shall be not ified in the following circumstances:
a. When more than 2 technicians are needed on a call.
b. For call-outs involving SWAT and/or critical incidents. c. When any injury occurs as the result of an explosion. d. Any incident involving significant media exposure.
e. Information that needs to be forwarded up the chain of command.

2. It is the responsibility of the bomb squad supervisor to:
a. Direct/Supervise bomb squad operations.
b. Maintain required files and reports.
c. Assign cases for follow-up investigation.
d. Ensure reports are completed and reported to the ATF BATS system. e. Coordinate training and maintain training records.
f. Act as liaison with other agencies.

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D. BOMB SQUAD PROCEDURES

1. Gener al Safety
a.

Priorities that should guide bomb tec hnicians during the formulation of thei r response plan
(s) are:
(1) Safety to the public.
(2) Safety of the officers on the scene, including the bomb technician. (3) Collection and preservation of evidence.
(4) Convenience to the public/restoration of service.
b. Principles to be followed during a bomb squad call out are:
(1)
(4) Calls involving a suspicious pa ckage/device or conf irmed explosive
device/live explosives
require a minimum of two certified technicians to
respond. T
echnician response to other calls may be determined by the bomb
squad supervisor based on the to tality of the circumstances. (5)
c. Equipment Use on Suspicious Items/Device s: The overall situation, including the circumst
ances and the physica l environment will be used to determine the use of specialize
d equipment. The following gener al guidelines will be used in making this determination.
(1)
(6) Additional Equipment
(a) A squad should have a vehicle suitable for transporting all the necessary equipment and two techni
cians.
(b)

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E. RESPONSE PROCEDURES FOR SUSPICIOUS ITEMS

1. While enroute, attempt to contact the of ficer in charge at the scene to determine the number of bomb squad personnel and equipment needed. Advise the officer in charge that .

2. Discuss possible evacuation of the area.

3. 7. Upon arrival, contact the of ficer in charge for an update.

8. Change/suggest evacuation or shelter in place as needed.

9. Modify the bomb squad personnel and equipment needed.

10. Verify/request Fire and Ambulance if necessary.

11. 15. Set up and test all equipment bef ore approaching the suspect item.

16. When approaching the suspect item, always go prepared with the proper equipment.

17. 18. The technicians shall be responsible for the crime scene and the collection, packaging, logging and preservation of all evidence in accordance with Department evidence procedures.

19. Deteriorated Products /Chemicals/Explosives
a.

F. TRANSPORTATION OF SUSPICIOUS DEVICES

1. Consideration will be given to the following prior to the transportation of a suspicious device:
a. The decision to transport a suspect dev ice should be weighed carefully to ensure that the act of loading and transporting does not unduly increase the hazards to the technician or the public.
b. Property damage and evidentiary value shall be taken into consideration but shall not compromise the safety of personnel or the public.

2. G. POST BLAST PROCEDURES

1. Bomb squad technicians will re spond to post blast incidents to:
a.
c. Investigate the crime.
d. Conduct crime scene investigation or assist Crime Sc ene Investigators.

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H. RANGE PROCEDURES

1. Safety is the primary goal when dealing with explosives at the range. Any bomb technician may raise a concern over the safety of an activity or procedure. If a concern is voiced, all activity shall stop until the concern is appropriately addressed and resolved.

2. The following range safety procedures shall be followed:
a. A minimum of two technicians w ill be present during all range procedures. b. Only bomb technicians or technicians in training are permitted to be present during the connection of blasting caps to live explosives dur ing range operations. c. Technicians will notify/c oordinate disposal operations with appropriate authorities and surrounding facilities which may be affected.
d. Access is restricted to bomb technici ans and emergency response personnel, or fire apparatus and ambulance.
e. Night time range operations will onl y be done when absolutely necessary to render safe a dangerous device that ca nnot wait until the following day. f.
.
g. A range safety officer will be designated to observe operations and ensure appropriate procedures are adhered to per HDS training. h.
i. Technicians will be aware of toxic/hazardous chemicals. j.

3. Proper personal protective equipment will be used and may include the following:
a.
d. Hearing protection.

I. COMMERCIAL EXPLOSIVES DISPOSAL PROCEDURES

1. For old or deteriorated dynamite or any other sensitive unstable expl osives the following guidelines will be followed:
a.

c. A waiver-of-damages form is recommended to be signed by the property owner or responsible person(s), prior to the destruction.
d. The area being used for disposal of expl osives should be inspected to minimize potential property damage prior to the disposal.
e. The preferred methods of disposal of explosives and blasting caps are:
(1)
f. Disposal operations should only be conducted during daylight hours unless exigent circum stances exist.

J. MILITARY ORDNANCE PROCEDURES

1. The following
guidelines are recommended when dealing with military ordnance:
a. Obtain as much informati on as possible on the ordnance. b. If there is any question or doubt of being able to safely move the item, the area

.
c. At no time will bomb squad personnel transport or dispose of military ordnance with which they are unfamiliar or unequipped to handle. d.

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K. REMOTE CONTROLLED DEVICE PROCEDURES

1. The following guidelines should be followed when working with a suspected remote controlled (radio frequency) device:
a.

L. SPECIAL OPERATIONS/DRUG RAIDS

1. Bomb technicians may be requested to assist in a tactical situation. Prior to deployment the bomb squad shall be included in all related briefings. a. Special Weapons and Tactical (SWAT) operations
(1) Use of bomb technicians for breac hing operations or diversion devices. (2) Use of the robot for observati on, communications and clearing of locations.
(3)
b. Drug labs, marijuana fields and drug search warrants (1) Searches of clandestine drug locations shall be the responsibility of the law enforcement agency in charge of the operation.

c. Dignitary protection
(1) Bomb Squad personnel will coordinate with local, state and federal agencies the search and stand-by requirements during these events.

M. STORAGE OF DEVICES AND EXPLOSIVES

1. Except for emergency situations, explosives will be stored in accordance with Alcohol, Tobacco and Firearms (ATF) regulations.

2. A continuous/updated inventory of explosives must be kept.

3. Strong consideration should be given to al arming, fencing and li ghting the immediate area surrounding an explosive magazine.

4. Magazine/storage safety rules:
a. No smoking, matches or spark-produci ng devices are allowed in or around the storage facility.
b. Keep the storage grounds free from brush, leaves and weeds. Keep area properly drained from standing water.
c. Keep the storage interi or clean and ventilated.
d. Only approved non-sparking tools and lights allowed inside the storage area. e. Keep explosives properly stacked and rotated.
f. Keep explosives and caps properly separated.
g. Do not store fireworks, chemicals or flammable fluids with explosives.

N. BOMB THREATS AND SEARCHES (also refe r to G.O. 532.03 - Bomb Threats/Explosive

Devices )

1. Initial response to locations having receiv ed a bomb threat will normally be handled by patrol personnel. Searches and evacuation of these locations wi ll normally be the responsibility of the owner/manager/administrator.
a. An explosive detection canine may be used to assist in the search.

Canines should never be used to examine it ems already identified as suspicious. b.
d. All searchers will be instructed not to disturb any suspicious items that may be located.
e.

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g. The suspected explosive device will be handled in accordance with bomb squad procedures.

2. NOTE: Because of the sensitive locati on, once a threat is received the bomb squad may respond as part of the initial search team and participate in the initial search.

3. O. REPORTING OF INCIDENTS

1. Complete all Department reports.

2. 3. Report all incidents to the ATF Bomb and Arson Tracking System (BATS).

P. MUTUAL AID/VOLUNTARY COOPERATION

1. The public safety bomb squad program in the U.S. is structured to maximize experience and training levels among the accredited bomb s quads. It is important that every effort be made to provide bomb squad assistance and /or cooperate in the training of other agencies in the surrounding region and in accordance with any Memorandums of Understanding (MOUs) that may be in place.

Q. REFERENCES TO CONSIDER

1. FBI National Guidelines for Bomb Technicians.

2. NBSCAB "National Strategic Plan"

3. FBI STB 2003-1 "Range Safety and Basic Demolition Procedures"

4. ATF "Guide to Developing a Permanent Disposal Range"

5. ATF "Federal Explosives Law and Regulations"

Appendix L
R
M 580.07 - Chemical Agents

SACRAMENTO POLICE DEPARTMENT

CHEMICAL AGENTS MANUAL

RM 580.07

SACRAMENTO POLICE DEPARTMENT

CHEMICAL AGENTS MANUAL

2-7-22

A. CHEMICAL AGENT TRAINING

1. With the exception of individual aerosol canisters, only those supervisors trained in the use and deployment of chemical agents shall direct or participate in the decision to use chemical agents.

2. The training shall consist of classroom and field training with chemical agents using departmentally approved lesson plans and instructors.

B. CHEMICAL AGENT OPTIONS

1. The active ingredient in each of these chemical munitions (grenades or frangible projectiles) is CS or OC. Methods of deployment include handthrown and 40mm launched. CS and OC are carried into the environment as micro- pulverized solid (powder), liquid, or burning pellets (smoke). Some of these projectiles and grenades will cause fires. Each projectile and grenade shall be discussed in the following pages. The carrying agent and methods of introduction shall also be covered. These munitions shall only be deployed by officers trained in their use.

2. CS (Ortho Chlorobenzalmalononitrile)
a. Color code Blue.
b. Reaction time of 3-7 seconds and is effective for approximately one half-hour.
c. When deployed there is a high likelihood officers may experience some level of exposure.
d. Can cause the following physiological and respiratory effects:
(1) excessive tearing.
(2) excessive mucous discharge.
(3) involuntary closure of the eyes.
(4) shortness of breath.
(5) feeling suffocated.
(6) coughing, sneezing, and burning sensation through
the respiratory tract.
e. Extreme exposures may result in, nausea, vomiting, and blistering of the skin.
f. Some failures may occur with:
(1) subjects under the influence of drugs and/or alcohol. (2) subjects with mental disorders.
(3) animals.

3. OC (Oleoresin Capsicum)
a. Color code Orange.
b. Reaction time of 1-2 seconds and effective time of approximately one half-hour.
c. When deployed there is a high likelihood officers may experience some level of exposure.
d. Can cause the following physiological and respiratory effects:
(1) burning sensation and inflammation of the eyes, mucous membranes and skin.
(2) involuntary muscle spasm of the eye causing intermittent blinking or complete shutting of the eyes.

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CHEMICAL AGENTS MANUAL

(3) shortness of breath.
(4) feeling suffocated.
(5) coughing, sneezing and burning sensation through the respiratory tract.
e. Some failures may occur on people and animals.

4. The arsenal of chemical agents maintained by Special Weapons and Tactics (SWAT) shall be the responsibility of the SWAT Commander.

5. The arsenal of chemical agents maintained by patrol shall be the responsibility of each Station Captain or designee. Maintenance shall include the ordering and rotation of stock.

C. FIRST AID

1. When a chemical agent is used, the Department shall provide first aid as soon as possible to all persons affected by its deployment a. Fresh air (face into wind).
b. Flushing of eyes and face with large amounts of clean water. c. Shower as soon as practical and launder clothing.
d. Never apply any oils, salves, or lotions.

2. If symptoms persist, medical aid should be obtained.

D. CHEMICAL AGENT EXPOSURE

1. Exposure normally causes no lasting effects. However, a large overdose of CS or OC without removing the subject from the environment where it was introduced can cause serious illness or even death.

2. Many variables affect the saturation. The amount of ventilation is the primary variable. Furniture, carpeting, and drapes also have an effect. The dosage (the amount of agent entering an exposed person's system) is difficult to determine. The effects of exposure to these chemical agents will vary depending on a person's general physical condition, breathing rate, etc.

3. Because of these and other considerations, it is not possible for manufacturers to recommend specific guidelines for use of chemical munitions. Indiscriminate use of chemicals must be avoided. Plans to deploy chemical munitions must be based on the tactical situation, law, and Department policy.

4. Pyrotechnics, designed for indoor use, are the most effective form of munitions (i.e. Barricaded subjects). Only pyrotechnic munitions that are specifically designed for indoor use (i.e. Tri-Chamber Flameless) should be used in an indoor enclosure.

5. The risk of serious illness or death increases with the length and concentration of the exposure. Persons who have pre-existing medical conditions may be at a greater risk of experiencing these severe effects and death. The amount of chemical agents introduced into a structure will be determined by a mathematical formula of agent exposure and time.

6. Chemical agents shall be used with caution and only by trained personnel.

Life cannot exist if the oxygen content in a room is reduced by the introduction of smoke or chemical agent to less than 19.5% by volume.

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E. DECONTAMINATION

1. Whenever a chemical agent is introduced into a structure and the situation or incident has been resolved, the following steps shall be taken:
a. Notify the Fire Department for ventilation and deployment of fans for aeration.
b. The SWAT Commander or designee shall see that the property owner of the contaminated structure receives a copy of the Sacramento Police Department Chemical Agent Notification Form (SPD
076) or t hat the structure is posted with a copy of the SPD 076. The name of the person to whom the form is given shall be recorded as part of the Command Post report.

F. INDIVIDUAL AEROSOL CHEMICAL AGENTS (DEF-TEC MK 4 and 6)

1. Application
a. Individual aerosol chemical agents are intended to be used primarily against suspects who are non-compliant. Other circumstances may exist where an officer can best resolve a conflict by the use of the individual aerosol canister. A stream of agent (liquid or foam) should be aimed at the suspect’s facial area (eyes, nose and mouth) using multiple short bursts ensuring delivery directly onto the target area from a distance of .
b. As with any chemical agent, its use may not stop an attack by a suspect. Officers must have other options available. General Order 580.02 out
lines reporting procedures to be complied with after the use of this agent.

2. Performance
a. The canisters project a liquid stream of agent up to a distance of .

The stream should not be projected at less than . Medical follow-up must be utilized after exposure. Medical follow-up shall include aeration and flushing the eyes with water.

G. FOGGERS (DEF-TEC MK-9)

1. Application
a. The CS and OC foggers can be used against individual persons or crowds. The fogger can also be used to introduce chemical agents into a small area. If used against a person, the spray should be directed towards the facial area.
b. As with any chemical agent, its use may not stop an attack by a suspect. Officers must have other options available.

2. Performance
The chemical agent in the fogger is released in a liquid mist. The effective di
stance and each of the magnum aerosols contains approximately bursts.

H. MUZZLE BLAST DISPERSION ROUNDS (DEF-TEC #6040 and #6042)

1. Application
a. The muzzle blast dispersion rounds are munitions used primarily for crowd management. These muzzle blast rounds are an
excellent device for deploying chemical-laden powder at close ranges in both indoor and outdoor environments. These rounds provide instantaneous emission of the chemical agent directly at or on non-compliant subjects.

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b. These rounds may also be used on barricaded subjects and in compliance with the First Amendment Assembly Manual (RM 532.11).

2. Performance
a. When fired, they give an immediate blast of a powder which contains the agent. Muzzle blast rounds are designed to deliver chemical agents in the immediate area of the
grenadier.
b. Muzzle blast dispersion rounds present no fire danger.

I. DIRECT IMPACT ROUNDS OC 40MM DEF-TEC #6320)

1. Application
a. Direct impact rounds are lightweight, high speed projectiles that are spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. Impact rounds are designed to be fired at a person.

2. Performance
a. Direct impact rounds consist of a plastic body and a crushable foam nose that contains a powder payload. The crushable foam nose dissipates energy upon impact by releasing the powder payload.
b. Direct impact rounds have an optimal energy range of feet but may be used in situations from .
c. D
irect impact rounds shall not be intentionally fired at the head, spine or groin.
d. Direct impact rounds present no fire danger.

J. SPEDE-HEAT LONG RANGE ROUNDS (DEF-TEC #6182 and #6183)

1. Application
a. Spede-Heat rounds are designed to deliver one chemical or smoke canister from a launcher. The rounds have a maximum range of and are primarily used as a crowd m anagement solution when the agent is released as smoke from the canister.
b. Spede-Heat rounds are designed for outdoor use and have a fire- producing capability.
c. When launching these rounds, it is recommended to have a spotter to ensure canisters do not land on rooftops or enter windows or doorways when skip fired.
d. These rounds shall not be fired directly at personnel as serious injury or death may result.

2. Performance
a. Spede-Heat rounds may be launched into the air from a shoulder fired launcher at an angle of or they may be skip fired into the target area.
b. Are not designed for barricade penetration and present an extreme fire danger.
c. Shall not be intentionally fired directly at persons.

K. CONTINUOUS DISCHARGE CS MUNITION (DEF-TEC #1082)

1. Application
a. The Continuous Discharge CS Munition are intended for outdoor use only and smoke is the carrying agent for the chemical.
b. It is hand thrown and has an extreme fire danger.

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2. Performance
a. The Continuous Discharge CS Munition have a pull-ring- safety lever operation and it will instantaneously discharge approximately of smoke and irritant.
b. The longer burn time may allow for throwback by individuals wearing burn protection (i.e. welder's mitt).
c. It should not be deployed onto rooftops or indoors as they present an extreme fire danger.

L. TRIPLE -CHASER CANISTER - CONTINUOUS DISCHARGE (DEF-TEC #1020)

1. Application
a. The Triple Chaser Canister is intended for outdoor use only. It is a fast burning pyrotechnic grenade consisting of three separate canisters pressed together with separating charges between each section.

2. Performance
a. When deployed, these canisters will separate into sub- munitions which are dispersed approximately allowing for increased area coverage.
b. It should be deployed in an underhand method that keeps the canister’s body moving sideward towards the deployment site. This will assist in delivering the sub-canisters along a line. c. Quick burn time minimizes throwback potential.
d. It should not be deployed onto rooftops or indoors as they present an extreme fire danger.

M. HAN-BALL RUBBER BALL OC MUNITIONS - OC (DEF-TEC #1099)

1. Application
a. The Han-Ball rubber ball OC munitions are fast burning, high volume continuous discharge munitions. The chemical agent is discharged through six gas ports located around the equator of the body.

2. Performance
a. Designed for outdoor use in crowd management situations. b. It utilizes the pull ring-safety lever operation and it has a delay before a release of of agent.
c. Due to the quick discharge time, throwback potential is greatly reduced.
d. It should not be deployed onto rooftops or indoors as it presents an extreme fire danger.

N. SMOKE GRENADES (DEF-TEC #1063 and 1017)

1. Application
a. The smoke grenade can be used as a signaling device, for testing wind direction, screening officer movements from a suspect, or as a carrying agent to assist the deployment of other chemical agents.

2. Performance
a. It utilizes the pull ring-safety lever operation and it has a delay bef ore a release of of smoke. The pocket tactical grenade will release of smoke.
b. It should not be deployed onto rooftops or indoors as it presents an extreme fire danger.

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O. AEROSOL OC VAPOR (DEF-TEC #1056)

1. Application
a. It delivers a very high concentration of OC in a powerful mist. The OC Vapor requires minimal decontamination with maximum effectiveness. b. It is designed for indoor use but can be used outdoors.

2. Performance
a. It utilizes the pull ring-safety lever operation and it has a delay before a release of vapor from three lower ports. b. It presents no fire danger.

P. FLAMELESS EXPULSION CS (DEF-TEC #2042)

1. Application
a. Designed for indoor use and contents are expelled upon actuation of a C02 cartridge.
b. It will affect a confined area consisting of approximately .
c. Most commonly used in tactical deployment situations when dealing with barricaded subjects.
d. Not suited for outdoor use.

2. Performance
a. It has delay, followed by a submunition that
mechanically activates a C02 cartridge and the pressure expels the powder through one or two ports on the side of the canister within .
b. It is for indoor use and does not present and fire danger.

Q. OC AEROSOL GRENADE FOGGER (DEF-TEC 56854)

1. Application
a. Designed as an operator controlled instantaneous initiated aerosol grenade that is a non-pyrotechnic that contains no CFCs. b. It is not a fire hazard and requires minimal decontamination.

2. Performance
a. The 6 oz. Aerosol Grenade will deliver its payload of Major Capsaicinoids OC in . I
t is most effective when used in
confined areas or deployed close to the target.
b. It is designed for use in tactical indoor operations when a non- pyrotechnic instantaneous delivery system is desired.
c. It is ideal for situations where the use of pyrotechnic, powder, or liquid devices are not practical or desired. The Major Capsaicinoids provides sufficient effects in confined areas of up to
such as attics, crawl spaces, garages, and interior rooms.

R. MK-46V VERTICAL AEROSOL PROJECTOR (DEF-TEC 56346V)

1. Application
a. The M K -46 features a trigger handle and is i
ntended for use in crowd
management.

2. Performance
a. It will deliver of OC at an effective range of
b. The Major Capsaicinoids OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff.

SACRAMENTO POLICE DEPARTMENT

CHEMICAL AGENTS MANUAL

S. GAS MASKS

1. Identification
a.

2. Use
a. Officers shall have a functioning gas mask at all times. b.
c.
d. It is recommended that all personnel in the immediate vicinity of the deployment of chemical agents utilize protective masks.

3. Maintenance
a. Masks shall be stored in their designated container. b. Officers should remove the filter and perform a tap-test by tapping the filter against a hard surface in order to free any residual materials. The mask should be cleaned with mild, non-oil-based soap and clean water. The mask should be rinsed thoroughly and be left to air dry for approximately one hour. Specific instructions on care and cleaning this mask can be found in the instruction manual.
c. Replace the harness assembly if the straps become frayed or threadbare.
d. Check the rubber discs inside the inlet valve assembly. They must be totally intact and pliable.
e. The life of the mask depends on how it is carried, stored and cared for. Every NIOSH mask has a date of manufacture listed; consult the manufacturer's instructions and warranties.
f. If you have difficulty breathing, immediately replace the filter.

When exposed to chemical environments for extended periods of time, it is recommended that the filter be replaced as necessary or at least every four hours in heavily contaminated areas.
g. Officers shall conduct an annual departmental fit test of their issued gas mask to assure it is in working order and fits correctly.

T. LIQUID FILLED BARRICADE PROJECTILE ROUNDS (DEF-TEC #1262)

1. Application
a. The liquid filled barricade projectile rounds are non-burning and suitable for indoor use. They are designed to penetrate barriers such as windows, particleboard doors, and interior walls. These rounds have no fire potential. The chemical agent is released in a liquid mist.

2. Performance
a. The maximum effective range for these munitions is when

SACRAMENTO POLICE DEPARTMENT

CHEMICAL AGENTS MANUAL

deployed from a shoulder deployed launcher. These munitions will burst and disseminate the agent on impact.
b. For use by only and shall not be intentionally fired directedly at persons.
c. Liquid filled barricade projectiles present no fire danger.

U. TRI -CHAMBER FLAMELESS CS MUNITIONS (DEF-TEC #1032)

1. Application
a. It is designed specifically for indoor use for crowd control or tactical operations.
b. It provides the option of delivering a pyrotechnic chemical device while maximizing the chemicals' effectiveness via heat and vaporization and minimizing or negating the chance of fire.

2. Performance
a. Pyrotechnic contents are burned within the innermost of canisters.
b. The internal combustion allows the chemical-laden smoke to release through ports on the outer canister side while safely containing any of the fire-producing properties within the internal canisters. c. The fuse is shrouded to further protect surrounding materials from the possibility of fire.
d. It has a burn time of and presents little to no fire damage.
e. They are for use by only.

V. 40MM WARNING/SIGNALING MUNITION OC (DEF TEC #6028OC) AND OR AERIAL DISTRACTION DEVICE CS (SAFARILAND #6028CS) WITH

CHEMICAL AGENT PAYLOAD

1. Application
a. Launched from a 40MM platform and are designed to produce of sound, and candelas of light.
b. Each munition is manufactured to deflagrate at a set distance amount of chemical agent payload

2. Performance
a. The 40MM aerial distraction munitions shall be used in compliance with the First Amendment Assembly Manual (RM 532.11).
management and civil disobedience operations.
b. When fired, the 40MM aerial distraction munitions are designed to travel and deflagrate target when launched at a
angle, from a distance of 50 meters.
c. The 40MM aerial distraction munitions are designed for outdoor use and have a fire-p roducing capability. These munitions shall not be intentionally fired directly at persons as serious injury or death may result.
d. Are for use by members only.
of
and deliver a small
Appendix M
I
nternal Audit Results – Audit #1 Finding Described
SPD’s internal audit identified twenty-four (24) items of equipment, the accounting of which, requires updated reporting from 2022.

1. Co
lt 6920 Series Patrol Rifle
Manufacturer: Colt
T
he 2023 audit determined that SPD is in possession of 200 items of the above that were inadvertently omitted from the 2022 report No items were purchased; items were discovered after a change of audit procedure.

I
n addition, SPD policy allows officers to carry personally-owned firearms, including patrol rifles that meet the Department Armorer’s specifications and safety check. During the reporting period, SPD authorized 111 personally-owned rifles that are not counted in the department patrol rifle inventory.

2. Defense Technology, 40mm Direct Impact OC Crushable Foam Round #6320 Manufacturer: Defense Technology
T
he 2023 audit determined that SPD is in possession of 531 items of the above; however, in the 2022 audit, SPD reported 96 items of the above. No items were purchased; items were discovered after a change of audit procedure.

3. D
efense Technology, Ferret 40mm Liquid Barricade Penetrator Round CS #2262 Manufacturer: Defense Technology
T
he 2023 audit determined that SPD is in possession of 176 items of the above; however, in the 2022 audit, SPD reported 50 items of the above. No items were purchased; items were discovered after a change of audit procedure.

4. D
efense Technology, 40mm Exact Sponge Impact Round #6325 Manufacturer: Defense Technology
T
he 2023 audit determined that SPD is in possession of 665 items of the above; however, in the 2022 audit, SPD reported 96 items of the above. No items were purchased; items were discovered after a change of audit procedure.

5. D
efense Technology, 40mm Round Muzzle Blast OC #6040
Manufacturer: Defense Technology
The 2023 audit determined that SPD is in possession of 98 items of the above; however, in the 2022 audit, SPD reported 47 items of the above. No items were purchased; items were discovered after a change of audit procedure.

6. D
efense Technology, Riot Control Continuous Discharge OC Grenade #1080 Manufacturer: Safariland, LLC / Defense Technology
T
he 2023 audit determined that SPD is in possession of 107 items of the above; however, in the 2022 audit, SPD reported 82 items of the above. No items were purchased; items were discovered after a change of audit procedure.

7. P
epperBall VKS Carbine
Manufacturer: PepperBall
T
he 2023 audit determined that SPD is in possession of 70 items of the above; however, in the 2022 audit, SPD reported 61 items of the above. No items were purchased; items were discovered after a change of audit procedure.

8. P
epperBall VXR Live Projectile
Manufacturer: PepperBall
T
he 2023 audit determined that SPD is in possession of 9 containers of the above that were inadvertently omitted from the 2022 report. No items were purchased; items were discovered after a change of audit procedure.

9. R
emington Model 870, 12 Gauge Shotgun (Less Lethal Shotgun) Manufacturer: Remington Firearms
T
he 2023 audit determined that SPD is in possession of 552 items of the above; however, in the 2022 audit, SPD reported 619 items of the above. This was an error in counting duplicate serial numbers. No items were purchased; items were discovered after a change of audit procedure.

10. C
ombined Systems, Inc. CS Baffled Canister Grenade #5230B Manufacturer: Combined Systems, Inc.

T
he 2023 audit determined that SPD is in possession of 50 items of the above that were inadvertently omitted from the 2022 report. No items were purchased; items were discovered after a change of audit procedure.

11. Speer Gold Dot .223 Caliber 62 Grain Rifle Round
Manufacturer: Speer
T
he 2023 audit determined that SPD is in possession of 249 cases of the above; however, in the 2022 audit, SPD reported 218 cases of the above. No items were purchased; items were discovered after a change of audit procedure.

12. D
efense Technology, 40mm Warning/Signaling Munition with OC #6028OC Manufacturer: Defense Technology
T
he 2023 audit determined that SPD is in possession of 47 items of the above; however, in the 2022 audit, SPD reported 44 items of the above. No items were purchased; items were discovered after a change of audit procedure.

13. Defense Technology, 40mm Warning/Signaling Munition #6028WS Manufacturer: Defense Technology
T
he 2023 audit determined that SPD is in possession of 88 items of the above; however, in the 2022 audit, SPD reported 50 items of the above. No items were purchased; items were discovered after a change of audit procedure.

14. C
ombined Tactical Systems Super-Sock® Bean Bag – 12 Gauge 2 ¾” Manufacturer: Combined Systems, Inc.

T
he 2023 audit determined that SPD is in possession of approximately 10,126 rounds of the above; however, in the 2022 audit, SPD reported 2,525 rounds of the above. No items were purchased; items were discovered after a change of audit procedure.

15. Federal Gold Medal .308 WIN 168 Grain Rifle Round
Manufacturer: Federal
T
he 2023 audit determined that SPD is in possession of 28 cases of the above; however, in the 2022 audit, SPD reported 8 cases of the above. No items were purchased; items were discovered after a change of audit procedure.

16. RUA
G Swiss P .308 Win Tactical 164 Grain Rifle Round
Manufacturer: Ruag Swiss
T
he 2023 audit determined that SPD is in possession of 99 boxes of the above; however, in the 2022 audit, SPD reported 9 boxes of the above. No items were purchased; items were discovered after a change of audit procedure.

17. Defense Technology, Flameless Tri-Chamber CS Grenade #1032 Manufacturer: Safariland, LLC / Defense Technology
T
he 2023 audit determined that SPD is in possession of 54 canisters of the above; however, in the 2022 audit, SPD reported 20 canisters of the above. No items were purchased; items were discovered after a change of audit procedure.

18. D
efense Technology, Flameless Expulsion OC Grenade #2040 Manufacturer: Safariland, LLC / Defense Technology
T
he 2023 audit determined that SPD is in possession of 19 canisters of the above; however, in the 2022 audit, SPD reported 18 canisters of the above. No items were purchased; items were discovered after a change of audit procedure.

19. D
efense Technology, Pocket Tactical Blue Smoke Grenade #1017B Manufacturer: Safariland, LLC / Defense Technology
T
he 2023 audit determined that SPD is in possession of 51 canisters of the above; however, in the 2022 audit, SPD reported 11 canisters of the above. No items were purchased; items were discovered after a change of audit procedure.

20. D
efense Technology, OC Triple-Chaser Separating Canister #1020 Manufacturer: Safariland, LLC / Defense Technology
T
he 2023 audit determined that SPD is in possession of 47 canisters of the above; however, in the 2022 audit, SPD reported 26 canisters of the above. No items were purchased; items were discovered after a change of audit procedure.

21. D
efense Technology, OC Vapor Aerosol Grenade #1056
Manufacturer: Safariland, LLC / Defense Technology®
T
he 2023 audit determined that SPD is in possession of 48 canisters of the above; however, in the 2022 audit, SPD reported 16 canisters of the above. No items were purchased; items were discovered after a change of audit procedure.

22. D
efense Technology, Han-Ball OC Grenade #1099
Manufacturer: Safariland, LLC / Defense Technology
The 2023 audit determined that SPD is in possession of 50 canisters of the above; however, in the 2022 audit, SPD reported 28 canisters of the above. No items were purchased; items were discovered after a change of audit procedure.

N
OTE: Items disposed of after the reporting period.

23. D
efense Technology, First Defense 1.3% MK-9 Stream OC Aerosol #56895 Manufacturer: Safariland, LLC / Defense Technology
T
he 2023 audit determined that SPD is in possession of 27 canisters of the above; however, in the 2022 audit, SPD reported 5 canisters of the above. No items were purchased; items were discovered after a change of audit procedure.

24. D
yno Nobel Inc. Primacord 10, 50 Grain Detonating Cord
Manufacturer: Dyno Nobel Inc.

T
he 2023 audit determined that SPD is in possession of 1397 feet of the above; however, in the 2022 audit, SPD reported 1000 feet of the above. No items were purchased; items were discovered after a change of audit procedure.

Appendix N

SPD District and Beat Maps

6 1
4 2
5 3
0 1 2
Miles
Sacramento Police Department
Police Districts - 2022
J.Rohde - CAU
I 5 SB
I 5 NB
I 80 EB

DEL PASO RD

TRUXEL RD

SAN JUAN RD

E LEVEE RD

GARDEN HWY

E COMMERCE WAY

W EL CAMINO AVE

NORTHGATE BLVD

ARENA BLVD

DUCKHORN DR
I 80 WB

NATOMAS BLVD

N PARK DR

MABRY DR

CLUB CENTER DR

W RIVER DR

PELL DR

EL CENTRO RD
N B ST

RICHARDS BLVD

SORENTO RD

WESTERN AVE

WITTER WAY

N BEND DR

AZEVEDO DR

PEBBLEWOOD DR

MACON DR

GATEWAY PARK BLVD

MAIN AVE

TWO RIVERS BIKE TRL

MAYBROOK DR

ERIN DR

BAYOU RD

ORCHARD LN

BERCUT DR

JIBBOOM ST

GATEWAY OAKS DR

INNOVATOR DR

CREST DR
N 12TH ST
ST HWY 99 SB

BANFIELD DR

DEL PASO BLVD

AIRPORT RD

DUNLAY DR

W ELKHORN BLVD

SHORE VISTA WAY

COLFAX ST

FONG RANCH RD

NORTHVIEW DR

EVENTIDE AVE

BLACKROCK DR

TUNIS RD
I 80 WB I 5 SB ON

PROSPER RD

VINE ST

HONOR PKWY

CAREY RD

RIVER PLAZA DR

BRIDGECROSS DR

UNNAMED RD

NATOMAS CENTRAL DR

AZUSA ST

MYOTIS DR

BELL AVE

SPORTS PKWY

KENMAR RD

ROSIN CT

BAINES AVE

HAWK AVE

AMNEST WAY

SAN MARIN LN

WILSON AVE

DON RIVER LN

MILLCREEK DR

WESTLAKE PKWY

DANBROOK DR

EDMONTON DR

N FREEWAY BLVD

MABEL ST

HAGGIN AVE

JUNEBERRY DR

WINAMAC DR

OLIVADI WAY

ALLAIRE CIR

HARDING AVE

ACARI AVE

SODA WAY

PELL CIR
N 3RD ST

GRESHAM LN

N BAYOU WAY

BOWMAN AVE

ITASCA AVE

PATIO AVE

FAIRWEATHER DR

LYMAN CIR

NOYACK WAY

INGLETON LN

WEALD WAY AQUINO DR

ALCANTAR CIR

URBANA WAY

UNITY CIR

TESORO LN

JEFFERSON AVE

ENDEAVOR WAY

KITTIWAKE DR

MARING WAY

W ASCOT AVE

ANJOU CIR

LA CASA WAY

BRIDGEFORD DR

GROTH CIR

LONE TREE RD

GIBRALTAR ST

PINEDALE AVE

KINNAIRD WAY

WYNDVIEW DR

ALICE WAY

ARBOR DR

RUDGER WAY

AZURITE WAY

BOMBILI ST

GARDEN HWY
I 80 WB

E LEVEE RD

VINE ST

W ELKHORN BLVD
Police District 1
0 0.5 1
Mile Updated: April 2023
1A
1B
1C
I 80 EB
BUS 80 EB
BUS 80 WB
I 80 WB
J ST

BELL AVE

RIO LINDA BLVD

DEL PASO BLVD

E LEVEE RD

GRAND AVE

ARDEN WAY
F ST

NORTHGATE BLVD
L ST

NORWOOD AVE
K ST
C ST

DRY CREEK RD

EL CAMINO AVE

RALEY BLVD
N ST
28TH ST23RD ST
24TH ST
25TH ST

FORD RD

MAIN AVE

ELVAS AVE
IVY ST

VINCI AVE

PINELL ST

ASCOT AVE

ROSEVILLE RD
ST HWY 160 WB

JESSIE AVE
45TH ST

PELL DR
B ST

AUBURN BLVD

ALTOS AVE

GROVE AVE
MODDISON AVE21ST ST

EXPOSITION BLVD

PARK RD

WESTERN AVEHARRIS AVE
MAY ST
40TH ST

WINTERS ST
H ST
41ST ST

NOGALES ST

MARYSVILLE BLVDBELDEN ST

LONGVIEW DR

MCKINLEY BLVD

LANG AVE
FEE DR
33RD ST

CLAY ST

SOUTH AVE

MOREY AVE

ACADEMY WAY

ALHAMBRA BLVD
39TH ST

HOWE AVE

KERN ST

RIVERA DR

CYPRESS ST

SANDBURG DR

AMERICAN AVE

SULLY ST

BRANCH ST

FAIRFIELD ST

COLFAX ST

RENE AVE

ETHAN WAY
35TH ST

AUSTIN ST

SOUTHGATE RD

SPILMAN AVE

BELOIT DR
A ST

BALSAM ST
ST HWY 160 EB
53RD STI ST

GRACE AVE

NATOMA ST

EVERGREEN ST

RESPONSE RD

KELTON WAY

IRIS AVE

TRIBUTE RD

KESNER AVE

LINDSAY AVE

KEITH WAY

RIPLEY ST

SILICA AVE

ROSIN CT

ARCADE BLVD

WATT AVE

EXPO PKWY

ASTORIA ST

MAHOGANY ST

HARVARD ST

MEISTER WAY

ROYALE RD
D ST

FORNEY WAY
M ST

ACME AVE
E ST

VERANO ST

BLUES ALY

PELL CIR

EDGEWATER RD

CLAIRE AVE

NEAL RD

TAYLOR ST

DAYTON ST

NORTH AVE

FORREST ST

LATHAM DR

W ASCOT AVE

KNOLL ST
44TH ST

TALENT ST

TANDY DR

KINNAIRD WAY

YOUNGS AVE
C ST
MAY ST

E LEVEE RD

AUBURN BLVD

HOWE AVE
H ST
B ST

HARRIS AVE

TAYLOR ST
Police District 2
0 0.5 1
Mile Updated: April 2023
2A
2B
2C
I ST
J ST
L ST
T ST
P ST
S ST
N ST
Q ST
H ST
I 5 SB
I 5 NB
F ST
E ST
G ST
W ST
O ST
V ST
C ST
R ST
US 50 WB
5TH ST
BUS 80 W
B
7TH ST
8TH ST
16TH ST
28TH ST
21ST ST9TH ST
15TH ST
24TH ST
29TH ST
26TH ST
19TH ST
10TH ST
25TH ST
23RD ST

FAT ALY
U ST
17TH ST
N B ST
3RD ST
22ND ST
D ST
12TH ST
27TH ST
A ST
13TH ST

RICHARDS BLVD
11TH ST
6TH ST

DEMOCRACY ALY

JIBBOOM
ST

FRONT ST
K ST

TOMATO ALY

SOLONS ALY

TWO RIVERS BIKE TRL
N 10TH ST
N 12TH ST
N 7TH ST

UPTOWN ALY

BERCUT DR

VICTORIAN ALY
N 16TH ST
4TH ST

CAPITOL MALL

VINE ST

POWERHOUSE ALY

RICE ALY

JAZZ ALY
N 5TH ST

DOS RIOS ST

RAILYARDS BLVD

BANNON ST

EGGPLANT ALY

OPERA ALY
B ST
I 5 SB US 50 ON

CHINATOWN ALY
I 5 SB J ST EB OFF

QUILL ALY

GOVERNMENT ALY

BLUES ALY
14TH ST
US 50 WB OFF RAMP

IMPROV ALY
N 18TH ST
T ST US 50 SB ON
2ND ST

WATER ST
20TH ST
18TH ST

TOMATO ALY
17TH ST
11TH ST

RICE ALY

RICE ALY
V ST
13TH ST
20TH ST

EGGPLANT ALY
R ST
6TH ST 14TH ST
U ST
18TH ST

SOLONS ALY
22ND ST
L ST
2ND ST
K ST
D ST
4TH ST QUILL ALY

UPTOWN ALY

BLUES ALY
12TH ST

VINE ST

QUILL ALY
K ST

SOLONS ALY
14TH ST
Police District 3
0 0.5 1
Mile Updated: January 2017
3A
3B
3M
3A
I 5 SB
I 5 NB
X ST
24TH ST

RIVERSIDE BLVD
US 50 EB

FREEPORT BLVD

FLORIN RD

POCKET RD
HWY 99 SB

BROADWAY

GLORIA DR

FRANKLIN BLVD

FRUITRIDGE RD

S LAND PARK DR

LAND PARK DR
43RD AVE
5TH ST
8TH AVE
11TH AVE

GREENHAVEN DR
57TH AVE

HAVENSIDE DR
2ND AVE
17TH ST

DEL RIO RD

WINDBRIDGE DR

HOGAN DR

RUSH RIVER DR

MUIR WAY
13TH ST

SEAMAS AVE

IRVIN WAY
4TH AVE
14TH ST
60TH AVE
26TH AVE

SUTTERVILLE RD
14TH AVE
22ND AVE 21ST AVE
9TH AVE

WAH AVE

FORDHAM WAY

CASTRO WAY

PORTOLA WAY
18TH ST
51ST AVE
21ST ST

EUCLID AVE
25TH ST
50TH AVEHARMON DR

RAMP WAY
19TH AVE
29TH AVE
7TH AVE
34TH AVE
32ND AVE35TH AVE

LINDA ISLE LN
38TH AVE

HOLSTEIN WAY
23RD ST

CROCKER DR
27TH STLAKE PARK DR
24TH AVE
36TH AVE
56TH AVE
5TH AVE

KARBET WAY

VOLZ DR
6TH AVE
30TH ST
26TH ST
10TH AVE

ALMA VISTA WAY
59TH AVE

MEAD AVE

ATTAWA AVE
15TH AVE
3RD ST

VENTURA ST

PARKLIN AVE

LARKIN WAY

UNNAMED RD

RIVERGATE WAY

CLAUDIA DR

ARVILLA DR
53RD AVE

PIEDMONT DR

LUCIO LN

ARK WAY

EL RITO WAY

ARLISS WAY

BLAIR AVE
16TH AVE

FRATES WAY

FLINTWOOD WAY

TRUDY WAY

STILL BREEZE WAY

LONDON ST

CLIPPER WAY

SILVER RIDGE WAY

RIVERTREE WAY

RIVER ISLE WAY
39TH AVE
22ND ST
27TH AVE
12TH AVE

NASCA WAY

MARANI WAY

STARLIT CIR

SUNWIND WAY

CURTIS WAY

SAILFISH WAY

SURF WAY

STARGLOW CIR
12TH ST

SUNLIT CIR
31ST ST

BURNETT WAY
15TH AVE
14TH ST
14TH ST
34TH AVE
38TH AVE

FLORIN RD
38TH AVE
4TH AVE
Police District 4
0 0.5 1
Mile Updated: January 2017
4A
4B
4C

MACK RD
I 5 NB
I 5 SB

CENTER PKW
Y
24TH ST

FRANKLIN BLVD

FLORIN RD

BRUCEVILLE RD

MEADOWVIEW RD

VALLEY HI DR
65TH AVE

CALVINE RD

FREEPORT BLVD

COSUMNES RIVER BLVD

JACINTO AVE
HWY 99 SB
29TH ST

CARLIN AVE
HWY 99 NB

MATSON DR
W

STOCKTON BLVD

EHRHARDT AVE
AM

HERST ST

DETROIT BLVD

BROOKFIELD DR

GRANDSTAFF DR
71ST AVE JOHN STILL DR
68TH AVE15TH ST

JACINTO RD
M

ANDY DR

SHASTA AVE

MASTERS ST

DEER LAKE DR
21ST ST

ARROYO VISTA DR

ONEIL WAY

SHELDON RD

HENRIETTA DR
19TH ST

SEYFERTH WAY

GARDENDALE RD

LUTHER DR
69TH AVE
LA M

ANCHA W
AY
M

ILFORD ST

SPLENDID WAY
67TH AVE

NANCY LN
25TH ST

QUINBY WAY

REXLEIGH DR

KIM AVE BOYCE DR

ADALIS DR
32ND ST

RICHFIELD WAY
DEER W

ATER DR

DEER CREEK DR

SUNNYBRAE DR

LERNER WAY

WINNING WAY

VILLAGE WOOD DR

SAMOS WAY

TORRENTE WAY

BILLINGS W
AY

UTAH AVE

MUNSON W
AY

BASSETT WAY

PATERO CIR

PIERRE AVE

PEDRICK ST

HANFORD W
AY

MAPLE HALL DR

PRALINE WAY

YVETTE WAY

ELLWOOD AVE

FIELDALE DR

IDAHO DR

KENBRIDGE ST
25TH ST

COSUMNES RIVER BLVD

FRANKLIN BLVD
69TH AVE
Police District 5
0 0.5 1
Mile Updated: January 2017
5A
5C
5B
US 50 EB
US 50 WB
H ST

FOLSOM BLVD
14TH AVE
V ST
U ST

FRUITRIDGE RD
BUS 80 EB
HWY 99 NB

ELVAS AVE
62ND ST

POWER INN RD
F ST

ELDER CREEK RD
30TH ST

BROADWAY

HOWE AVE
2ND AVE
C ST
8TH AVE
T ST

FLORIN PERKINS RD
M ST
J ST

ALHAMBRA BLVD
65TH STREET EXPY

LA RIVIERA DR
45TH ST
S ST

LEMON HILL AVE
B ST
55TH ST

MODDISON AVE
59TH ST
51ST ST
57TH ST
37TH ST
73RD ST
40TH ST

MIDWAY ST

JACKSON RD
X ST

RAMONA AVE
88TH ST71ST ST
60TH ST
49TH ST
67TH ST

JANSEN DR
75TH ST
69TH ST65TH ST
64TH ST

REDDING AVE

COLLEGE TOWN DR

BELVEDERE AVE
33RD ST
44TH ST
61ST ST
5TH AVE
58TH ST
39TH ST
18TH AVE
56TH ST
48TH ST

SUN RIVER DR

KIEFER BLVD

SANDBURG DR
21ST AVE
47TH AVE
9TH AVE

LUZON AVE
16TH AVE

OCCIDENTAL DR
24TH AVE
47TH ST
54TH ST

STOCKTON BLVD
23RD AVE

UNIVERSITY AVE

CAROLINE DR
41ST ST
Q ST

ALDER AVE
A ST
7TH AVE
43RD ST
42ND ST

ALPINE AVE

BRADFORD DR
I ST

ALCOTT DR

CITADEL WAY

BERRY AVE
22ND AVE
33RD AVE

WATT AVE
L ST
50TH ST
19TH AVE
80TH ST

FORNEY WAY
Y ST
D ST
4TH AVE
46TH ST

ROVANA CIR
39TH AVE

FALLBROOK WAY
35TH ST
36TH ST

AMERICAN RIVER DR

S WATT AVE
E ST

COMMONS DR

COUGAR DR
26TH AVE
N ST

SKY CREEK DR
13TH AVE

RING DR
12TH AVE
32ND STP ST
52ND ST
11TH AVE
63RD ST
38TH ST

ANDREA LN
34TH ST

SANTA CRUZ WAY
66TH ST

BIBBS DR

KROY WAY

X ST Y ST ALY

ASHER LN
D AVE

QUONSET DR
63RD ST
52ND ST
11TH AVE
A ST
51ST ST
Q ST
57TH ST
73RD ST
46TH ST
39TH ST
63RD ST
43RD ST
13TH AVE
B ST
55TH ST
D ST
71ST ST
64TH ST
S ST
N ST
Police District 6
0 0.5 1
Mile Updated: January 2019
6D
6C
6E
6B
6A
Appendix O

Law and Legislation Follow-Up Request Items

Appendix O: Law and LegislaƟon Follow-Up Request Items

1. Military Equipment Use Data, 2021-2022 and 2022-2023 AMEUR Comparison

2. Summary of Military Equipment Usages, AddiƟonal Demographic Data

Hispanic: 6 Incidents

1. Male, PepperBall MuniƟon and Flameless Tri-Chamber CS Grenade

2. Female, PepperBall MuniƟon

3. Female, 40mm Exact Impact Sponge Round and Super-Sock Bean Bag

4. Male, Super-Sock Bean Bag

5. Male, Super-Sock Bean Bag

6. Male, Super-Sock Bean Bag

Caucasian: 5 Incidents

1. Male, PepperBall MuniƟon, Super-Sock Bean Bag, 40mm Exact Impact Sponge Round, and 40mm Direct Impact OC Crushable Foam Round

2. Male, PepperBall MuniƟon

3. Male, Super-Sock Bean Bag

4. Male, Flameless Tri-Chamber CS Grenade

5. Male, LWRCI SWAT Operator Pkg IC0D1 10.5” Rifle

African American: 4 Incidents

1. Female, PepperBall MuniƟon

2. Male, PepperBall MuniƟon

3. Male, 40mm Exact Impact Sponge Round

4. Male, Super-Sock Bean Bag

East Indian: 1 Incident

1. Male, PepperBall MuniƟon, 40mm Exact Impact Sponge Round, and Super-sock Bean Bag

MulƟracial: 1 Incident

1. Male, PepperBall MuniƟon, 40mm Exact Impact Sponge Round, and Super-sock Bean Bag

Pacific Islander: 1 Incident

1. Male, Super-Sock Bean Bag
SCPRC 2022 MEU Recommendations and Memorandum Follow-Up

1. Remove use of military equipment without training
 Yes, policy covers that personnel shall complete required training. SPD believes there may unique circumstances with the risk of serious bodily injury or death, where we do not want to prohibit the use of equipment, unless prohibited by law (Policy Page 2 - C., 2.).

2. Prohibit “Federally Prohibited” military equipment
 Yes, specific prohibition of equipment not authorized by the federal government has been added (Policy Page 2 - C., 3.).

3. SPD does not require adherence to MEU policy when OLEA in city or providing mutual aid  Yes, added language to address requesting mutual aid and outside agency assistance (Policy

Exhibit C

4. Reporting vague, include demographic data (where, who, what)  Yes, added chart (who, what) and beats (where). With augmented staffing approved for FY24, additional details of summary and demographics will be available for the next reporting period (Report Page 10).

 Additionally, based on community forum feedback, police district and beat maps were added to appendices (Report, Appendix N, SPD District and Beat Maps).  Lastly, further comparison of the last two reporting periods, by equipment type category, will be added to the annual report (Report, Appendix O, Law and Legislation Follow-Up Request Items).

Exhibit C

5. Clarify that SPD cannot spend funds in “exigent application for funding” language  Yes, this has been removed from the 2023 policy. The following section has been removed:

6. Application grant language too vague, “loophole” to accept and apologize  Yes, in exigent circumstances, SPD is required to seek approval to apply for any grant “as soon as practicable, and before the equipment is purchased, acquired, or received.” (Policy

7. Military equipment usage too vague, include “limits and conditions” to follow AB48 and AB481
 Yes, removed “limited to” language and added controlling policies and manuals associated with AB48 and AB481 (Report, Appendices A-L).

8. Policy does not catalog equipment and munitions separately  Yes, policy details individual munitions of corresponding military equipment. With augmented staffing approved for FY24, additional itemization of equipment, by category, may be possible.

Exhibit C

9. Armor-piercing ammunition usage too vague
 Yes, any use of force is governed by SPD’s use of force policy (Report, Appendix C). The current SWAT policy (Report, Appendix F) is currently under revision and will specify approved and unauthorized uses of armor-piercing ammunition.

10. SCPRC Memorandum (Dated: 08/26/2022), Recommendation #1  Same as number 4, above.

11. SCPRC Memorandum (Dated: 08/26/2022), Recommendation #2  Same as number 7, above.

12. SCPRC Memorandum (Dated: 08/26/2022), Recommendation #3:

Designate independent oversight authority
 Yes, added specific language that identifies each city entity and references to Sacramento City Code (Policy, F., 3.).

13. SCPRC Memorandum (Dated: 08/26/2022), Recommendation #4:
 Same as number 5, above.

14. SCPRC Memorandum (Dated: 08/26/2022), Recommendation #5:

Limit stockpile and remove 10% emergency
 Yes, SPD is required to receive approval for all annual procurements, acquisitions, and purchases. Additionally, “exigent purchase” language has been removed from the 2023 policy (see number 5, above).

Exhibit C
Sacramento Community Police Review Commission
Recommendations on Sacramento Police Department’s
Military Equipment Use Policy
August 17, 2023
Exhibit D
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Table of Contents

Executive Summary ………………………………………………………………………. 3
Introduction…………………………………………………………………………………5
Assembly Bill 481…………………………………………………………………………. 7
SCPRC and SPD’s Community Forums…………………………………………………...10 Key Takeaways…………………………………………………………………………….12
Appendix A – Community’s Verbal Input…………………………………………………18 Appendix B – Community’s Written Input………………………………………………...20 Appendix C – SCPRC MEU Data Request ………………………………………………..24 Appendix D – SCPRC 2023 MEU Recommendations……………………………………..27 Appendix E – SCPRC 2022 MEU Recommendations……………………………………..39

Exhibit D
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The Sacramento Community Police Review Commission (SCPRC) was established to 1) provide community participation in reviewing and recommending police department policies, practices, and procedures; and 2) monitoring the implementation, evaluation, and sustainability of city policing initiatives and programs.

Executive Summary:

The use of military equipment is a difficult and complicated topic. It is hard to ignore that over the course of its history, policing in America has enforced racist policies that have harmed Black and Brown communities. In the aftermath of the deaths of Treyvon Martin, George Floyd and Sacramento’s Stephon Clark, the resulting protests over police violence and racism, much of the American public came to see how their local police had become militarized. In responding to community unrest, local law enforcement officers are increasingly using equipment designed for use on the battlefield, including armored vehicles, flash grenades, rifles, and more lethal artillery.

This show of force by local law enforcement sparked a national conversation about the types of equipment police officers have access to and how and when it is being used against civilians.

This debate is what ultimately prompted the California State Legislature’s passage of Assembly Bill (AB) 481. The intent of this law is to create a transparent process that involves the public and local governing bodies before local law enforcement agencies acquire military weapons and equipment.

On September 13, 2022, the Sacramento City Council directed the Sacramento Police Department (SPD) to collaborate with the Sacramento Community Police Review Commission (SCPRC) to establish a community engagement process that provides the public an opportunity to review and comment on SPD’s military equipment use policies, practices, and procedures.

Through the community engagement process, the SCPRC produced the following nine (9) recommendations:

1. Require SPD to track and report the total number of military equipment deployments within the City's jurisdiction separately from the total number of "reportable uses" of force or discharges of military weapons in its annual MEU report.

2. Add a standalone section(s) to the General Order that clearly states when and where military equipment or munitions are prohibited for deployment, use or discharge.

3. Remove all language under each section authorizing military equipment deployment or usage in situations that includes "crowd control" or "circumstances where a tactical advantage can be obtained."

4. Require SPD to produce its annual report using Comparative Reporting and Demographic Reporting to provide information that includes, at a minimum, where it uses its military equipment and munitions; who it is used against; and the context the equipment is used.

Exhibit D
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5. Establish a formal and standardized process for soliciting community input and incorporating feedback into annual updates of SPD's military equipment use policy that includes clear timelines for opening SPD’s community survey and hosting no less than 3 community input forums as adopted from the SCPRC’s Community Outreach Plan.

6. Designate independent oversight authority to the Office of Public Safety and Accountability (OPSA), the Inspector General (IG), and the SCPRC for ensuring SPD’s compliance with this policy and AB 481. OPSA and IG should be responsible for investigating any individual violations of the MEU policy. SCPRC should have authority to review and provide recommendations for remedying nonconforming uses to SPD, the Mayor and City Council before the adoption of any changes to the MEU policy.

7. Consolidate all military munitions, grenades, or canisters that deploys’ any type of chemical agent listed under AB 48 into the "Chemical Agents and Smoke Canisters" category. Under the consolidated category, add language or links to manufacturers' websites that contains information including, but is not limited to, the clear definitions for each type of chemical agent, and any health or environmental hazards from the deployment of these types, and procedures for cleaning up after deployments of chemical agents.

8. City Council should coordinate directly with SCPRC and SPD to organize community input forum(s) within their respective districts. Each city council member should coordinate with SCPRC to either host a community input forum within their respective council district, or at minimum, attend at least one (1) community input forum in a listening capacity within the bounds of the Ralph M. Brown Act.

9. City Council should approve annual funding for SCPRC to continue to engage community directly and more often throughout the year.

This report is intended to provide the Mayor and Council insight into what SCPRC heard from the public at the community forums in hopes that the feedback will result in meaningful changes to the MEU policy that are responsive to the needs of the community and helps repair the relationship our city has with SPD.

Exhibit D
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Introduction:

For decades, the federal government has provided and continues to provide state, local, and tribal law enforcement agencies with funding and equipment to support and augment their operations.

The weaponry provided, such as firearms, ammunition, and tactical vehicles, are military grade equipment often associated with war. The acquisition of this equipment by local police departments had largely gone unnoticed. But in August 2014, Michael Brown was shot and killed by a police officer in Ferguson, Missouri, leading to a series of demonstrations, where images of law enforcement authorities drawing M-4 carbine rifles and dropping tear gas bombs on protestors shocked1 much of the American public.

Ferguson looked like a war zone.

In the aftermath of the deaths of Treyvon Martin, George Floyd and Sacramento’s Stephon Clark, during the resulting protests over police violence and racism, much of the American public came to see how their local police had become militarized. In responding to community unrest, local law enforcement officers are increasingly using equipment designed for use on the battlefield, including armored vehicles, flash grenades, rifles, and more lethal artillery.

Many attribute the militarization of local police to the ongoing technology transfers from the defense sector to local law-enforcement authorities, dating back to the 1960’s. In 1965, President Lyndon Johnson declared a “war on crime,” and asked Congress to pass the Law Enforcement Assistance Act, under which the federal government began supplying local police with military- grade weapons that were being used in the United States’ war in Vietnam.

During the Reagan Administration the focus turned to a “war on drugs,” and Congress passed legislation formalizing a program which authorized the Department of Defense to transfer

1 http://www.usnews.com/opinion/blogs/world-report/2014/08/22/ferguson-missouri-shows-police- militarization-in-america-must-end
Exhibit D
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surplus military equipment, including arms and ammunition to federal, state, and local agencies for the use in law enforcement activities for counter-drug and counter-terrorism activities.

Further militarization of local law enforcement was escalated in the aftermath of September 11 th attacks. Post 9/11, the Department of Homeland Security enabled anti-terror grants that police departments across the U.S. could tap into to purchase new military-grade equipment such as armored trucks, ballistics gear and armored personnel carriers. The availability of these grants fueled the birth of companies that manufacture military-style equipment for local law enforcement.

Over the last decade, community members, civil rights advocates, and elected leaders have voiced concerns about the militarization of law enforcement and have raised serious questions about the types of weapons and equipment municipal law enforcement are authorized to use against civilians. There is increasing scrutiny on how the availability and use of this equipment impacts policing.

When police officers dress, train or are armed like a military soldier, it reinforces a warrior mentality. Under the warrior worldview, officers see themselves in an unpredictable combat with unknown but highly lethal enemies. As a result, officers learn to be vigilant, attentive, cautious, alert, and distrust the community they serve. This worldview can result in violent confrontations and is the opposite of the guardian approach advocated by police reformers. The guardian mentality stresses a service-oriented approach to police training that emphasizes de-escalation and the avoidance of physical conflict. The concept of guardian policing emphasizes social service, valuing community partnerships and establishing positive contacts.

Exhibit D
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Assembly Bill 481 (Chapter 406, Statutes of 2021)

Following the high-profile deployment of military style equipment in Ferguson, Missouri, in response to the protest sparked by Michael Brown’s death, citizen concerns over militarization of police departments increased. In response, then President Obama ordered a government‐wide review of military equipment. The findings of the federal review highlighted a “lack of consistency in how Federal programs are structured, implemented, audited, and informed by conversations with stakeholders.”2

On January 16, 2015, President Obama issued Executive Order (EO) 13688.2, establishing the federal interagency Law Enforcement Equipment Working Group to develop recommendations to improve federal support for the appropriate use, acquisition, and transfer of military equipment by state, local and tribal local enforcement agencies. The Working Group issued a final report in May 2015 and identified several areas of focus that could maximize the safety and security of not just law enforcement officers, but the communities they serve.

In 2017, President Trump rescinded EO 13688.2. However, the recommendations by the Working Group became the foundation for the state’s Assembly Bill (AB) 481. AB 481 requires a law enforcement agency to obtain approval from the governing body, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

The California Legislature grounded this law based on five key tenets:

1. The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.

2. The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.

3. Decisions regarding whether and how military equipment is funded, acquired, or used should strongly give consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.

4. Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

2 Law Enforcement Equipment Working Group, May 2015, Recommendations Pursuant to EXECUTIVE ORDER 13688 Federal Support for Local Law Enforcement Equipment Acquisition https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/LE-Equipment-WG-Final-Report.pdf

Exhibit D
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5. The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

The intent behind the law is to create a transparent process that involves the public and local governing bodies before local law enforcement agencies acquire military weapons and equipment. According to then Assemblymember David Chiu, author of the legislation:

California’s local law enforcement agencies have acquired more military equipment than any other state over the last 30 years. Yet often, the public have little to no information about such acquisitions, which can cost local governments tens of millions of dollars.

With troubling examples of this military equipment being used without clear protocol in recent years against peaceful demonstrators from Orange to Walnut Creek, it is time to reevaluate how law enforcement receives and implements war weapons in our communities. This bill is about rebuilding community trust. Our streets in California are not war zones, and our citizens are not enemy combatants. Law enforcement in California are our partners in public safety, and the weapons and equipment they carry should reflect that reality.

AB 481 requires law enforcement agencies to adopt a “military equipment use policy” that is a public, legally enforceable document governing the use of military equipment that includes:

1) A description of each piece of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer.

2) The purposes and proposed uses for each type of military equipment.

3) The fiscal impact of each piece of military equipment, including the initial costs of obtaining the equipment and the estimated annual cost of maintaining the equipment.

4) The legal and procedural rules that govern each authorized use.

5) The training that must be completed before use of specified equipment, including any required courses for each specific type of military equipment to ensure the full protection of the public welfare, safety, civil rights, and civil liberties and full adherence to the military use equipment policy.

6) The mechanisms to ensure compliance with the military equipment use policy; including which independent persons or entities have oversight authority, and if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7) The procedures by which members of the public may register complaints or concerns and receive a response in a timely manner.

Exhibit D
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The legislation calls for the elected body that oversees a law enforcement agency, which is the Sacramento City Council, to only approve a military equipment use policy if it determines all of the following:

1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Sacramento Military Equipment Use Policy: Mayor and City Council Direction to the Sacramento Community Police Review Commission (SCPRC)

On September 13, 2022, City Council approved the Sacramento Police Department’s (SPD) revised Military Equipment Use Policy.

During the discussion, it was acknowledged by SPD that community forums conducted in July 2022 were disastrous. Community members and officers alike felt the meetings were contentious and unproductive. AB 481 requires that at “least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment” be carried out, City Council directed SPD to collaborate with the SCPRC to establish a community engagement process and asked that:

1) The Annual Military Equipment Use Report includes specific demographic reporting, including upon whom military equipment has been used (e.g., race and ethnicity), when the military equipment has been used, and where military equipment has been used (e.g., zip code).

2) SPD work collaboratively with SCPRC to develop a process for community engagement to solicit feedback on MEU policy with the focus on the following:

a. Discussion on limitations for when military equipment may or may not be appropriate for use in civilian environments.

b. What role the Office of Public Safety Accountability (OPSA) should serve in reviewing individual instances of military equipment misuse.

Exhibit D
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c. A SCPRC review of SPD’s annual report and data trends and proposed changes it might recommend before its MEU policy is updated.

What follows is a description of the work conducted by SCPRC, SPD, and city staff over the last five months, a summary of the community forums and feedback provided by the public, some lessons learned, and policy recommendations.

SCPRC and SPD’s Community Forums

This report is intended to provide the Mayor and Council insight into what SCPRC heard from the public at the community forums in hopes that the feedback will result in meaningful changes to the MEU policy that are responsive to the needs of the community and helps repair the relationship our city has with SPD.

The use of military equipment is a difficult and complicated topic. It is hard to ignore that over the course of its history, policing in America has enforced racist policies that have harmed Black and Brown communities. As a society we are now grappling with the realities of the past, trying to learn from it and create reforms that will safeguard the public safety of both the public and police officers.

It’s also true that police officers in this country must interact with the most heavily armed civilian population in the world: one in three Americans owns a gun, typically more than one.

Gun violence undermines civilian life and debases everyone. This and supporting research demonstrate that the status quo in policing is not serving either the public or officers well.

AB 481 pushes us to begin the necessary and overdue discussion within California communities about the type of weapons available to police departments, how they are deployed, and provides the public and local elected officials with an opportunity to change things.

SCPRC’s goal was to create a welcoming and safe space for the public to be able to voice their thoughts and concerns about the military use policy being considered by the city and help SPD engage the community in dialogue. We believe that deeply listening to the needs of the community and having honest two-way conversations can be the first step on the road to real collaboration and even transformative change.

Sacramento police already have various types of equipment in their inventory that are described as military equipment under AB 481. Most anticipated future procurement requests will be to replenish depleted supplies, as approved by City Council. Much of this inventory includes non- lethal, crowd control, protective and intelligence gathering equipment, such as aerial drones, bomb detecting/disposal robots, smoke and flash devices, rubber bullets, bullet-proof shields, etc.

A smaller subset of MEU equipment provides upgraded firepower and building breaching capability, necessitated in only special circumstances.

Our citywide expectation is that SPD is prepared before the fact to, as safely as possible, address all law enforcement situations that may arise and to do so only if it is able to protect both public safety (of residents, businesses, and police officers) and civil rights. The MEU policy revision Exhibit D
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process is intended to help develop tight, balanced, and reasonable controls on the purchase and use of military equipment for consideration by the City Council.

Over the course of four months, a subgroup of Commissioners met regularly with Assistant City Manager Mario Lara and Lieutenant Jeffrey Shiraishi to outline the structure and logistics of the community meetings. With the help and input from the city, dates, times, and locations were chosen. Based on earlier public feedback, choosing a venue that was considered a neutral location was important. The following three community centers and dates were selected:

● Pannell Meadowview Community Center
Thursday, July 6th
2450 Meadowview Road
5:30 pm – 8:30 pm

● Hagginwood Community Center
Thursday, July 27th
3271 Marysville Blvd
5:30 pm – 8:30 pm

● Hart Senior Center
Saturday, July 29
915 27th Street
11:00 am – 2:00 pm

It was important that SCPRC and SPD create an inviting and safe space for the public. To ensure this happened, the city made the community centers available and provided childcare for participants. In addition, light refreshments were procured by SPD. It was also decided that it would be wise to hire a professional mediator to inform the process and assist in moderating the forums. The city provided the funding for mediator working for California State University, Sacramento to be hired. At each forum, the public was asked for permission to record audio of the proceedings. Two of the three forums were recorded. The recordings can be found on SPDs transparency page.

The purpose of these conversations was to seek input, transparency, and greater understanding of the mutual needs of community and police, leading to equitable balance. SCPRC strongly believes that when law enforcement personnel are engaged and have a responsive presence within a community, it enables better service and encourages greater public cooperation that improves safety for the community and officers.

Exhibit D
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Key Takeaways from community participants:

When citywide policing changes are made, outside of the two-minute comment periods afforded to the public at City Council meetings, there are not many venues for the public to engage directly with the police department and have concerns voiced. This became clear at the forums.

There was a lot of pent-up frustration, but once it was voiced and acknowledged it gave space for thoughtful discussion between the community and the officers present. This happened at each forum. While the forums were specifically designed to solicit feedback on the proposed MEU policy, it was clear that there is a strong desire by city residents to be engaged more deeply and thoughtfully on policing in general. Below are all the takeaways from the forums.

● On MEU Policy:

1. There should be more and much earlier public notice for future Community Input meetings on MEU report. SPD should share a draft MEU Policy Report and planned procurements earlier. Ninety days in advance was suggested.

2. City Council Members should attend at least one of the established community meetings, or host one within their respective districts.

3. Greater transparency and more detailed analysis needed by SPD on MEU deployments, uses, demographic data per use.

4. MEU Reports and attachments need to use less technical jargon. Use plain-speak.

5. SPD should provide more comparative trend data showing uses, type and quantities year over year.

6. Show using a chart, the percentage of SPD budget in comparison to the overall City budget, and what percentage of the SPD budget each MEU line item is of their budget.

7. Include in the MEU annual report a chart or description of the city approval process of MEU policy, budget review and authorization.

8. Incorporate the negative public perception when MEUs are displayed during contact instances into the calculus criteria in authorizing deployment or use.

9. Require that SPD or City maintenance staff conduct timely cleanup of smoke, flash bangs or other chemical cannisters and surface residue. Include information on the chemical make-up and any environmental dangers from use of the above- mentioned equipment.

10. Further accountability is needed. There should be a clear matrix of progressive disciplinary measures for officers violating the MEU policy and command orders.

Also chart or listing of disciplinary actions taken year over year.

Exhibit D
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11. SPD cannot self-certify its compliance with AB 481 or the adopted MEU policy.

An audit should be done by the Office of Public Accountability and Safety or the City’s independent auditing firm that also looks at other City departments.

Frequency of audit should be determined.

12. Open the 40-hour Police Academy training to interested members of the public.

13. Clarify the need and amount of stockpiling of individual MEU equipment. SPD’s own internal audit found significant quantities of some “unknown” equipment, as well as expired items.

14. SPD and City Council must revisit if military equipment should be used for crowd control devices. If the decision is to retain some or all currently existing equipment, then strict, clear, and well communicated rules and control procedures for its deployment or use and immediate reporting capture.

15. SCPRC needs to have more authority to review SPD’s policies, procedures, and data on a timely basis.

● General Policing Practices in Sacramento:

1. SPD must have a department representative at each SCPRC meeting and community input meetings empowered to describe SPD policies, command orders and provide answers to Commission and/or community questions.

2. City Human Resources Department should proactively participate in and monitor SPD hiring process to ensure recruitment, applicant flow, testing, interview and background checks use validated methods and testing instruments that make certain that hiring is valid, effective, and free of bias. Utilization of best practices will encourage representative diversity in recruitment, hire, transfer and promotion processes and results.

3. Community strongly desires more community policing techniques and positive relationship building activities from SPD. Officers on bikes or foot patrol, involvement in P.A.L (Police Activities Leagues), Boys and Girl Clubs, and other activities that work to foster constructive relationships with the community.

4. SPD needs to better publicize positive community outreach and interface efforts with the community.

5. Clarify what funds City is or will invest in social services that proactively deter crime, enhance trust and engagement with neighborhoods, and help build bonds, especially with youth.

6. There should be a decrease to the annual increases in SPD budgets.

Exhibit D
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7. Detail what investment and social services are being funded by Sacramento County within our city. Burgeoning need for more mental health diagnosis, treatment, intervention, and health-care facilities.

8. To help reset the current relationship with the community, SPD must first acknowledge and take responsibility for the past trauma caused by unjust and unfair policing practices.

● Lessons Learned:

1. The City and SPD must use their resources to advertise SCPRC’s public meetings via social media, traditional media outlets, existing listserves of community leaders and organizations, Councilmembers newsletters, websites and District meetings.

2. Meeting notices, draft MEU Report and attachments should be available to the community 90-120 days in advance of annual community meetings.

3. SPD should compile more robust statistical data in easy-to-read format(s) for City Council, SCPRC and community consumption.

4. Data shared with the public should be in “plain speak”.

5. SPD officers attending community meetings are better received when they are not in full duty uniform. Polos and slacks were appreciated by the participants.

6. Open and less guided discussions showed SPD and SCPRC openness to community input and participation. Third party facilitator may not be needed next year. Open to discussion with City, SCPRC and SPD.

7. Offering childcare and refreshments was well received at meetings.

8. Need chart showing SPD district boundaries vs City Council districts.

9. SPD likely needs an additional non-police analyst to capture and construct more statistics.

SCPRC Recommendations:

The community forums provided an opportunity for the SCPRC to listen to various comments and suggestions from the public regarding meaningful changes they wish to see in the MEU policy to assist in repairing the relationship our city has with SPD. Many of these comments aligned with the thirteen MEU recommendations SCPRC had worked on in 2022.

Based on the community forums, the SCPRC has produced nine (9) recommendations:

Exhibit D
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1. Require SPD to track and report the total number of military equipment deployments within the City's jurisdiction separately from the total number of "reportable uses" of force or discharges of military weapons in its annual MEU reports. All procedures for documenting the deployment of military equipment should be clearly defined. Any transparency standards should require reporting any deployments visible to the community, and not be limited to only uses of force or discharging the weapon.

2. Add a standalone section(s) to the General Order that clearly states when and where military equipment or munitions are prohibited for deployment, use or discharge. Add written language that clearly states the actual and inclusive allowed uses for each type of military equipment under its authorized usage section.

3. Remove all language under each section authorizing military equipment deployment or usage in situations that includes "crowd control" or "circumstances where a tactical advantage can be obtained."

4. Require SPD to produce its annual report using Comparative Reporting and Demographic Reporting to provide information that includes, but is not limited to:
a. where it uses its military equipment and munitions;
b. who it is used against;
c. in what context the equipment is used.

5. Establish a formal and standardized process for soliciting community input and incorporating feedback into annual updates of SPD's military equipment use policy. The process should be written into GO 410.06 and include clear timelines for when SPD opens its community survey and when SCPRC will host no less than 3 community input forums before the annual report goes to City Council. The process should adopt the SCPRC's proposed Community Outreach Plan and promote all community surveys and input forums through coordinated outreach campaigns utilizing the City’s website, mailing list and social media accounts, including those used for SPD and City Councilmembers.

The community survey should be open to the public no later than 4 months prior the Department's annual deadline for approving MEU policy updates (currently September 13th). The community input forums should be conducted no later 3 months prior to approving MEU policy updates. All feedback and policy recommendations captured from the survey and input forums should be included in a final report completed by SCPRC, published on the City's website, and presented to City Council before the annual MEU report goes to City Council and before adoption of any MEU policy updates.

6. Designate independent oversight authority to the Office of Public Safety and Accountability (OPSA), the Inspector General (IG), and the SCPRC for ensuring SPD’s compliance with this policy and AB 481. OPSA and IG should be responsible for investigating any individual violations of the MEU policy. SCPRC should have authority to review and provide recommendations for remedying nonconforming uses to SPD, the Exhibit D
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Mayor and City Council before the adoption of any changes to the MEU policy.

OPSA and IG should be responsible for investigating any individual violations of the MEU policy. SCPRC should have authority to review and provide recommendations for remedying nonconforming uses to SPD, the Mayor and City Council before the adoption of any changes to the MEU policy.

7. Require SPD to publish its disciplinary matrix for all violations under its MEU policy and to publicly report the total number of violations and the disciplinary actions issued in response to policy violations in its annual use reports. Reports should clearly define each infraction and a progressive list of disciplinary actions available for the Department to take against offending officers.

8. Consolidate all military munitions, grenades, or canisters that deploys’ any type of chemical agent listed under AB 48 into the "Chemical Agents and Smoke Canisters" category. Under the consolidated category, add language or links to manufacturers' websites that contains information including, but is not limited to:
a. the clear definitions for each type of chemical agent; b. any health or environmental hazards from the deployment of each type of chemical agent, and;
c. procedures for cleaning up after deployments of chemical agents.

9. City Council should coordinate directly with SCPRC and SPD to organize community input forum(s) within their respective districts. Each city council member should coordinate with SCPRC to either host a community input forum within their respective council district, or at minimum, attend at least one (1) community input forum in a listening capacity within the bounds of the Ralph M. Brown Act.

10. City Council should approve annual funding for SCPRC to continue to engage community directly and more often throughout the year.

Outstanding Questions from SCPRC and Community Members:

In April 2023, the SCPRC submitted Data Request (Appendix C) to SPD and City staff who are the most knowledge about the substance of and the responsive records related to the MEU policy and annual use report. The Data Request was intended to give notice to SPD and applicable City staff of the information that the SCPRC may need to effectuate its proposed projects.

Through the course of the community forums, SPD provided verbal responses that addressed some of our requests and questions. However, there are still several questions that are unanswered.

Exhibit D
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Conclusion

Many of the participants expressed profound mistrust and animosity towards the style of policing they encountered, particularly during protests. They are suspicious that the police department is truly open to changing its tactics and believe their participation in these forums has little chance of leading to meaningful change.

If the City Council chooses to approve SPD’s MEU policy and annual report without requiring significant changes, it will serve to reinforce the perception that these forums are simply about placating the public rather than providing real opportunities for reform.

Exhibit D
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APPENDIX A

Below are the verbal comments, notes, and questions taken by SCPRC Commissioners who attended the MEU community forums. These notes reflect the verbal feedback submitted from the public.

1. Make audio recording public via City or SPD website.

2. Sacramento should invest equal dollars into social services to accompany police or as alternative to police response to incidents.

3. Provide handout showing Police district boundaries at workshops and online.

4. How much money is spent on expired MEU items? Can that amount be reduced by lessening quantity stockpiled vs average usage?

5. Police stats need to be broken down more overall.

6. P.A.L. leagues disappeared. These should come back.

7. Community Policing, via bikes, horses, foot, sports stops, etc., so that community and police develop friendly relations and share information.

8. No Boys and Girls Clubs exist anymore.

9. MEU costs should include the equipment, labor and training costs per item in the same place, for easy reference.

10. Report should number of MEUs used per incident AND per person involved.

11. Public and City Council reports by police should use less jargon. Write in plain speak style.

12. Reports should show the number of MEUs proposed to be purchased this year vs number bought last year in the same line.

13. Show what Percentage MEU purchases are of the overall police budget.

14. Show the total police dollars used to promote improved community relations, and bullet list the items included.

15. Required by the 481 legislation, but the term “Military” equipment is misleading and conjures up visions of tanks, cannons, etc. Consider changing the legislation titling, or locally use another term possibly with MEU in parenthesis. Emphasize preponderance of MEUs are non-lethal items.

Exhibit D
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16. Show annual maintenance cost of armored vehicles, robots, drones, etc.

17. Repeated requests for City Council members to attend community/police meetings and workshops. None attended at least the first two in this series.

18. List/discuss what type of chemical agents are use by the police in crowd control or home breeches; any health or environmental hazards and who cleans it up. (i.e. pepper spray, smoke cannisters, etc.).

19. Clarify in reports and charts the purpose for use of MEUs. Including why displayed or deployed. Be aware of community impression and psychological impact to broader community.

20. Use clearer references to interrelationship to other police policies.

21. Publicly report on number of disciplines associated with violations of the MEU policy and the particular infraction. Understand that names might not be included.

22. Add more non-police data analysts to drill down on required and requested reports and audits.

23. Issue a report on overview of Community Police efforts, number of participants and assessment of effectiveness.

24. Need and want more police participation in meetings of established community organizations.

Questions:

1. What do Police do to consider and implement strategies that can reduce the number of contact incidents?

2. Where is the MEU cost of $361K from city funds or grants? Is this recurring amount, or revisited annually?

3. How much money is spent on expired MEU items? Can that amount be reduced by lessening quantity stockpiled vs average usage?

Exhibit D
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APPENDIX B

Below are written comments and questions from the public that were collected from the community forums.

Comments:

1. Too much arguing and facilitator cutting people off and not calling on all people who had their hands raised. Took too long to get questions answered.

2. The military use presentation and the Assembly Bill presentation were the most informative. I did appreciate the presenters taking their time to do this.

3. Surprised about the anger and fear in the audience. Good job of keeping questions from the public going fairly to the next person, even though a few people tried to dominate.

4. Don’t use time to go over “community agreements”. This is not a psychology class. Just say something like we encourage cordial civil public comment.

5. If you are bringing up wokeness (pronouns) you should also say you respect Christianity and Islam and other religions who reject the wokeness agenda. Mr. Naidu should be more concise.

6. The meeting got hijacked into funding issues, but try to bring it back to the military use policy.

7. Presentations should be in PowerPoint format.

8. The community does not trust the PD – telling us to trust you – won’t work – the PD must change their image! Procurement of military equipment makes us distrust more.

Also, if you start late, end late.

9. This report is propaganda, we know the P.D. lies.

10. Please allow for more seating.

11. Sell the Rook – cut your loss. Sac does not need it – don’t pay to train law enforcement on it. Rolling up to a crowd of people in military equipment is an act of war. Sac PD needs to simplify, reduce budget, tell city to use your excess funds for housing, mental health, + support for people.

12. QR Codes should be accompanied by the site it links to written as text. Not all consumers of this info will know to scan a QR code and should still be informed that there is a site to view with information.

Exhibit D
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13. The Review Commission should present organizational charts showing the independence of the review commission. Also, data on the number of Review Commission recommendations & the number of recos that have been adopted, and then data on the Rev. Comm. as to the degree of implementation.

14. That the PD only classifies 86 incidents of the 248,983 contacts as “reportable use” of force is outrageous under-reporting. Is the Review Commission trying to redefine this category so the public can review policing more effectively? The reportable ratio to all contacts is 4:10,000! We cannot accept such a restrictive understanding of “reportable” – as this obviously conceals a great deal of police from accountability.

15. The Review Commission should make clear that the Sheriff of the County would readily provide military policing equipment to Sac PD even if it did not purchase these same vehicles/armaments/etc.

16. Stop for questions regularly during presentations. Ask for permission to take pics/videos privately or note it as part of the meeting. Provide a virtual option. Allow people to submit questions beforehand – and have them answered.

17. Police Academy should include non-violence training & regular refreshers.

Violence is primarily an attitude, an emotion, that may be expressed physically or verbally.
o Sweeping homeless camps is violence.

o Almost all police & military equipment is fossil fuel technology, which will become obsolete and useless eventually.

o Recent Supreme Court decisions have loosened constitutional restrictions on police protocols. Please adhere to the previous restrictions.

o I gather that daytime demonstrations are rarely violent. Violent demonstrations reportedly tend to happen at night. Nonviolent activists cannot prevent against provocateurs from crashing their events.

o Cops seem to have a habit of barking over commands at citizens and expecting instant obedience. Please practice awareness of individuals’ states of mind.

o Be aware that the roots of US policing are in slave patrols and in suppression of labor/union rights activists.

o Using paid informants, especially for victimless crimes, is a bad idea. Stop.

o Please cite noise pollution sources such as unmuffled illegal motorcycles.

o Ensure that officers who report unprofessional conduct by other officers are not scapegoated or sabotaged by other officers.

Exhibit D
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o Please step away from the donuts! Real food supports officer equilibrium.

o Insist that the Fraternal Order of Police pay at least half of any court judgements of police brutality, not just the taxpayers.

o Please stop giving ex-military preference in law enforcement hiring.

18. Please consider gun safety measures proven to reduce harm – licensing, waiting periods, enforcement of prohibited persons and gun violence restraining orders, and others to reduce harm to both the community and law enforcement.

Questions:

19. SCPRC currently has a list of 13 recommendations specifically to improve the Sac PD MEU policy. Why have they not been incorporated?

20. Are there individuals who will NOT be allowed to use the equipment, such as officers who have outstanding complaints related to excessive use of force or other community safety violations?

21. Is there language in the policy that explicitly lays out when and how the equipment may be used and when it may not be used?

22. Have they considered alternatives to the military equipment and for de-escalation? Which ones? How was the determination made that these particular pieces of military equipment were the more reasonable options?

23. How does the department conduct its threat assessments respective to both officer and civilian safety? What are the definitions, factors, or parameters for determining threats to civilian safety? What about the same for officer safety? How do they differ?

24. How does SPD define “critical incident” specifically? In what document is this definition? How does it define “barricaded subject”, and where is this definition cited?

25. How much has the City of Sacramento paid out in litigation settlements for SPD uses of force for weaponry over the past 5 years? (Relevant to costs of military equipment)

26. It is not clear what the military equipment is, can we have visuals?

27. Which type of situational incidents require which type of military equipment use?

28. Did this commission give the equipment to rescue not SPA-approved $361k? Is “fiscal impact” the same as the actual cost?

29. Drones tracked real-time? Can the public know in real time? Exhibit D
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30. What is the cost for training on this stuff?

31. Thanks for your time and consideration. When did military-grade equipment first start being used in Sacramento & why? What part of the budget goes to buying & maintaining these military vehicles + equipment? Why is military equipment needed over the standard equipment?

32. Please clarify: The policy if not approved or if modified and approved applies to both existing and new purchases? What evidence is available to support use of the major military equipment? What evidence, science, and proven practices does Sacramento Police Department consider in the use and purchase of military equipment? Can the City Council veto at the line item level, military purchases in budget requests?

Exhibit D
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APPENDIX C

What follows is information that the SCPRC requested earlier this year from SPD to help inform the MEU discussion.

SPD Military Equipment Use (MEU) Policy Data Request

1) Annual MEU Report: The AB 481 (Cal. Gov. Code § 7070-7075) intent language states “the public has a right to know about any funding, acquisition, or use of military equipment.” AB 481 requires that SPD provide the Mayor and City Council an annual military equipment report. To ensure that SPD’s MEU policy complies with the intent of the law and to build community trust, it is crucial that the report contain demographic and use data. To better understand how SPD compiles with the law, SCPRC would like to know the following:

a) In its 2022 annual report under “Summary of Military Equipment Usages,” SPD provided the total number of authorized and unauthorized uses for each military equipment category, but it did not provide any details relevant to where the equipment was used, who it was used against, or how the equipment was used during these incidents. Is SPD planning to use comparative reporting and demographic reporting in its 2023 annual report? If not, will the data collected from other SPD reports be incorporated into the annual military equipment use report to ensure that City Council, the SCPRC, and the public can better understand where the equipment was utilized, who it was used against and the reason SPD thought it necessary?

b) AB 481 requires SPD’s annual MEU report to include, at minimum, “the total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.” Will these costs be published in its 2023 annual report? If not, what are the total annual costs for each type of military equipment in its inventory as it pertains to the following:
i) Personnel time (training, deployment, maintenance, etc.) ii) Transportation to and from each incident
iii) Maintenance
iv) Storage
v) Upgrades
vi) Other ongoing costs not previously mentioned in SPD reports.

2) Military Equipment Necessity: AB 481 requires that the military equipment be “necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.” To better understand the rationale behind the necessity when acquiring military equipment, the SCPRC would like to know the following:

a) AB 481 requires military equipment purchases be “reasonably cost effective compared to available alternatives.” How does SPD evaluate or assess the effectiveness of its military Exhibit D
25 | P a g e

equipment? How often does this evaluation or assessment occur?

b) AB 481 requires military equipment be necessary because “no reasonable alternatives” exist that can achieve both officer and civilian safety. What is SPD’s policy to research and identify if alternatives exist?

3) Accountability & Public Welfare: AB 481 requires that the MEU policy “safeguard the public’s welfare, safety, civil rights, and civil liberties.” It also requires the policy include “mechanisms to ensure compliance,” and “independent persons or entities have oversight authority,” and “if applicable, legally enforceable sanctions” for policy violations. To ensure meaningful accountability and for SCPRC to be able to evaluate whether SPD’s military equipment usage complies with these requirements, SCPRC would like to know the following:

a) What are the de-escalation tactics and procedures before and after military equipment is deployed?

b) The current MEU policy describes situations where military equipment can be used, but it does not specify the situations in which it cannot be used. This omission is among the most serious concerns raised by community members, civil rights advocates, and members of City Council. How will SPD determine when military equipment is not necessary or should not be used?

c) The MEU policy designates SPD’s Inspections and Standards Unit and its Professional Standards Unit as its oversight authorities, referring violations to the Internal Affairs Division and would report instances of non-compliance to the City Council via its annual report. Given that all three bodies are under the Police Chief, this raises the question about the independence of the oversight authorities. What independent persons or entities with oversight authority exist outside the Department that can ensure compliance with this policy, AB 481, and AB 48?

d) The MEU policy describes the procedure for filing and investigating complaints and refers violations to be “handled in accordance with RM 220.01 (Internal Investigations Manual).” However, the policy does not clearly define what “legally enforceable sanctions” are in place for violations and the Internal Investigations Manual does not provide a general disciplinary matrix or minimum baseline for sustained complaints.

What legally enforceable sanctions are in place when SPD personnel violate its MEU policy?

e) How does SPD conduct its threat assessments respective to both Officer and Civilian Safety? What are the definitions, factors, or parameters for determining threats to Officer Safety? What are the definitions, factors, or parameters for determining threats to Civilian Safety?

f) How does the Military Equipment in this policy meet the standard for guaranteeing BOTH officer safety and civilian safety?
Exhibit D
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g) During the 2020 George Floyd protests in Sacramento, video documentation shared at City Council highlighted potential misuses of military equipment against peaceful protesters. Last year, SPD stated that all prior misuses were remedied in the current MEU policy. What specific actions has SPD taken to correct prior misuses?

4) Budget & Funding: As part of the annual report, AB 481 requires that SPD obtain approval from the City Council when seeking funds for military equipment and to report these costs in its annual report. SCPRC would like to understand the following:

a) What funding requests has SPD made in the last two years to buy military equipment? Does it solicit funding for other purposes besides purchasing equipment?

b) Urban Area Security Initiative (UASI) “must assist recipients and subrecipients in achieving core capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.” UASI funds can also be used for “development of whole community partnerships.” Has SPD applied for UASI funds for other purposes other than purchasing equipment?

c) What federal funding is typically used to purchase MEU? Are they annual grants? What other purposes are authorized? How are MEU purchases usually funded?

Exhibit D
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APPENDIX D
Outlined below are the thirteen recommendations that the SCPRC is putting forward for consideration by City Council.

MEU RECOMMENDATION #1

ISSUE / PROBLEM
SPD does not include in its reporting when military equipment is deployed.

SCPRC RECOMMENDATION
Amend GO 410.06(D): Require SPD to track and report the total number of military equipment deployments within the City's jurisdiction separately from the total number of "reportable uses" of force or discharges of military weapons in its annual MEU reports. All procedures for documenting the deployment of military equipment should be clearly defined. Any transparency standards should require reporting any deployments visible to the community, and not be limited to only uses of force or discharging the weapon.

SCPRC RECOMMENDATION RATIONALE
Improves upon 2022 MEU Recommendation #2. AB 481, requires that a Use Report include “A summary of how the military equipment was used and the purpose of its use.” The current Annual Use Report from SPD does not list how or when the equipment was deployed in a critical incident, only "reportable uses" of force when military weapons are discharged during the incident. The Department classified 86 incidents of the 248,983 contacts in the last year as "reportable uses," with the reportable ratio to all contacts being 4:10,000. Members of the public considered this to be "an outrageous under-reporting" that "obviously conceals a great deal of police from accountability."

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX

Exhibit D
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MEU RECOMMENDATION #2

ISSUE / PROBLEM
SPD policy does not detail the limits or prohibitions of military equipment use in civilian settings.

SCPRC RECOMMENDATION
Amend GO 410.06: Add a standalone section(s) to the General Order that clearly states when and where military equipment or munitions are prohibited for deployment, use or discharge. Add written language that clearly states the actual and inclusive allowed uses for each type of military equipment under its authorized usage section.

SCPRC RECOMMENDATION RATIONALE
Improves upon 2022 MEU Recommendation #6. The lack of clear limitations for using military weapons and equipment is among the most serious concerns raised by community members, civil rights advocates, and members of City Council. These concerns arise from a documented history of racial bias and discriminatory outcomes in SPD practices and procedures which 3 separate studies over the last 20 years have confirmed to disproportionately impact Black residents. Following the 2020 George Floyd protests in Sacramento, video documentation shared at City Council on January 19th, 2021, was alarming enough for the Mayor and City Council to direct OPSA and SCPRC to investigate potential misuses of military equipment against peaceful protesters. That response is currently the subject of at least 2 ongoing lawsuits calling into question whether SPD’s prior military equipment policies were followed and whether the policies avoided excessive use of force.

If the current MEU policy can describe situations where equipment can be used, the proposed policy should also specify the situations in which it cannot be used. We recommend that City Council add clear language stating the specific situations where SPD is unauthorized to use military equipment. For example, specific situations such as:
 if use of drones for criminal investigations is not authorized without a warrant;  if use of rubber bullets and chemical agents is not authorized when vulnerable persons are present, or for crowd control;
 if use of armored vehicles for arresting a suspect is not authorized without consideration of alternatives.

Given this history and the questions these incidents raise, it is important for the City Council to require SPD to clearly define authorize and unauthorized usage of its military equipment to show the public that corrective action has been taken to remedy prior nonconforming uses and ensure future compliance with AB 481.

Supporting Sources:
i. Center for Policing Integrity, The National Justice Database City Report, Sacramento Police Department, 2014 - 2019,
https://public.tableau.com/app/profile/center.for.policing.equity/viz/SacramentoPDCP E2021/1_SUMMARY
Exhibit D
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ii. Dr. Howard P. Greenwald, Final Report: Police Vehicle Stops in Sacramento, California, October 31, 2001,
https://www.cityofsacramento.org/Police/Transparency/Vehicle-Stop-Data-History- and-Information#:~:text=Vehicle%20Stop%20Data%20Analysis%20Project. iii. Dr. John C. Lamberth, Traffic Stop Data Analysis Project for the Sacramento Police Department, August 2008, https://www.cityofsacramento.org/- /media/Corporate/Files/Police/Transparency/VSDF/SacramentoPoliceDepartmentFin alReport_8-7-08.pdf?la=en
iv. Agenda Item #16, Police Department Presentation on Protest Activity, Sacramento City Council Meeting, January 19, 2021 (video shared during Sacramento City Councilmember Katie Valenzuela’s comments)
https://sacramento.granicus.com/MediaPlayer.php?view_id=22&clip_id=4822&meta _id=612705
v. Garza v. City of Sacramento, ED. Cal. Case No. 2:20-cv-01229-WBS-EFB (ongoing lawsuit alleging excessive use of force by SPD using military weapons and equipment)
vi. White v. City of Sacramento, ED. Cal. Case No. 2:21-cv-02211-JAM-DB (ongoing lawsuit alleging discriminatory use of force and harassment by SPD using military weapons and equipment)

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX

Exhibit D
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MEU RECOMMENDATION #3

ISSUE / PROBLEM
SPD's policy uses vague or overly broad terms to allow military equipment to be deployed, but without any clear limits for how it is used in civilian settings.

SCPRC RECOMMENDATION
Amend GO 410.06(H)(1-15): Remove all language under each section authorizing military equipment deployment or usage in situations that includes "crowd control" or "circumstances where a tactical advantage can be obtained."

SCPRC RECOMMENDATION RATIONALE
Improves upon 2022 MEU Recommendation #6. A crowd is not in itself a danger to life or property. Furthermore, the First Amendment protects the freedom of assembly. The policy already authorizes the use of the equipment against dangerous, and/or combative individuals, or during riots or civil unrest incidents.

Community members that the broad use of “crowd control” could allow police to deploy weapons to intimidate or use in circumstance that do not warrant the use of the equipment. The Commission agrees: SPD and City Council must revisit the necessity of military equipment for “crowd control” purposes.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX

Exhibit D
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MEU RECOMMENDATION #4

ISSUE / PROBLEM
SPD's annual military equipment use (MEU) reports are unclear, lack context, or omit key metrics necessary to meaningfully assess how its military equipment is being used.

SCPRC RECOMMENDATION
Amend GO 410.06(D): Require SPD to produce its annual report using Comparative Reporting and Demographic Reporting to provide information that includes, but is not limited to:

1. Where it uses its military equipment and munitions.

2. Who it is used against.

3. In what context the equipment is used.

SPD to produce its annual MEU reports using less legal jargon to allow it to be accessible to members of the public and City Council, using more widely known synonyms for more technical terms and establishing clear definitions for words without the appropriate synonyms.

Reports should be published alongside summarized pages that provide all measurable data, using comparative and demographic reporting, that includes, but is not limited to:

1. Total number of critical incidents where military equipment was used or deployed in a table or chart format, including the number of officers and civilians involved in these incidents.

2. Total annual cost of its current military equipment inventory that includes the costs of personnel time, training, transportation, maintenance, storage, upgrades, and other ongoing costs in its calculation.

3. Projected amount and cost for all military equipment that may be requested compared with the previous year, including the costs of personnel time, training, transportation, maintenance, storage, upgrades, and other ongoing costs in its calculation.

4. Fiscal impact of this cost upon the overall police budget, using total dollar amounts and percentages.

5. List of dates and locations for all community outreach and engagement events involving military equipment uses or demonstrations, including the total cost for these events.

SCPRC RECOMMENDATION RATIONALE
Improves upon 2022 MEU Recommendation #2. AB 481 requires a law enforcement agency to submit an annual military equipment report that at minimum covers the following:
- A summary of how the military equipment was used and the purpose of its use. - A summary of any complaints or concerns received concerning the military equipment. - The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. - The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. - The quantity possessed for each type of military equipment.

Exhibit D
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Using the information contained in the annual report, City Council is required to “only approve a military equipment use policy pursuant to AB 481 if it determines all of the following:
(1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The City and SPD frequently mentions their desire for data-driven policies, and the Commission appreciates the inclusion of some demographic data in its annual report and summary for the community forums. However, the 2022 annual MEU report is still missing key metrics and comparative reporting requested by SCPRC and the City Council that would allow for meaningfully evaluation and measurement of the impacts of SPD's military equipment usage.

The current policy language is still vague in its annual reporting requirements and does not require SPD to provide annual metrics for how it uses its military equipment compared with the US military, where it is used, or in what context. SCPRC believes that in order for future reports to be AB 481 compliant, these must provide information about where the equipment was utilized, who it was used against, and the reason SPD thought it necessary to deploy military equipment.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX

Exhibit D
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MEU RECOMMENDATION #5

ISSUE / PROBLEM
Community engagement regarding SPD's military equipment use policy is poorly promoted.

SCPRC RECOMMENDATION
Changes in Existing Policy(s): Establish a formal and standardized process for soliciting community input and incorporating feedback into annual updates of SPD's military equipment use policy. The process should be written into GO 410.06 and include clear timelines for when SPD opens its community survey and when SCPRC will host no less than 3 community input forums before the annual report goes to City Council. The process should adopt the SCPRC's proposed Community Outreach Plan and promote all community surveys and input forums through coordinated outreach campaigns utilizing the City’s website, mailing list and social media accounts, including those used for SPD and City Councilmembers.

The community survey should be open to the public no later than 4 months prior the Department's annual deadline for approving MEU policy updates (currently September 13th).

The community input forums should be conducted no later 3 months prior to approving MEU policy updates. All feedback and policy recommendations captured from the survey and input forums should be included in a final report completed by SCPRC, published on the City's website, and presented to City Council before the annual MEU report goes to City Council and before adoption of any MEU policy updates.

SCPRC RECOMMENDATION RATIONALE
Expands upon 2022 MEU Recommendation #2. When citywide policing changes are made, there are few venues for the public to voice concerns or engage directly with the police department or City outside of the two-minute public comment afforded at City Council meetings.

This became clear at the community forums, where a lot of pent-up frustrations were expressed, but once voiced and acknowledged, gave space for thoughtful discussion between community members and SPD officers.

While the forums were specifically designed to solicit feedback on the proposed MEU policy, it was clear that there is a desire by city residents to be engaged more deeply and thoughtfully on policing in general. One takeaway frequently expressed by the public was the need for SCPRC to have more authority to review policies, procedures, and data on a timely basis.

The Commission agrees: the public needs earlier and more visible public notice of future community input meetings about the MEU report and policy, which includes sharing meeting notices, SPD’s draft of its annual MEU Report, planned procurements, and policy updates at least ninety (90) to one-hundred twenty (120) days in advance as suggested by community members.

SPD RESPONSE

Exhibit D
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OTHER CITY DEPARTMENTS

APPENDIX

MEU RECOMMENDATION #6

ISSUE / PROBLEM
AB 481 is clear that there must be a mechanism to ensure compliance with the military equipment use policy, including which independent person or entities have oversight authority and what legally enforceable sanctions are put in place for violations of the policy. SPD’s current policy does not comply with the requirement.

SCPRC RECOMMENDATION
Changes to Existing Policy(s): Designate independent oversight authority to the Office of Public Safety and Accountability (OPSA), the Inspector General (IG), and the SCPRC for ensuring SPD’s compliance with this policy and AB 481. OPSA and IG should be responsible for investigating any individual violations of the MEU policy. SCPRC should have authority to review and provide recommendations for remedying nonconforming uses to SPD, the Mayor and City Council before the adoption of any changes to the MEU policy.

Require SPD to publish its disciplinary matrix for all violations under its MEU policy and to publicly report the total number of violations and the disciplinary actions issued in response to policy violations in its annual use reports. Reports should clearly define each infraction and a progressive list of disciplinary actions available for the Department to take against offending officers.

SCPRC RECOMMENDATION RATIONALE
Improves upon 2022 MEU Recommendation #8. AB 481 is clear that a written MEU policy must include “the mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.” This requires SPD to identify any oversight entities that are independent from the Department, as well as any legally enforceable sanctions for MEU policy violations. The current MEU policy provides none of these.

During the community forums, a common refrain among the public was that SPD cannot self- certify its compliance with AB 481 or the adopted MEU policy and called for independent oversight authority be designated to the Office of Public Safety and Accountability (OPSA), the Inspector General (IG), and the Community Police Review Commission. The public also called for greater accountability in the form of a clear matrix of progressive disciplinary measures for Exhibit D
35 | P a g e

officers violating the MEU policy and command orders, including a chart or listing of disciplinary actions taken year over year.

In response to community members, SPD verbally identified the City Council (the "governing body" under AB 481) as an "independent oversight entity" and to whom instances of non- compliance are reported via its annual MEU report. In the MEU policy, SPD’s own Inspections and Standards Unit and Professional Standards Unit are designated as their oversight authorities to refer violations to its Internal Affairs Division. Given all three SPD bodies are budgeted under the Department’s Office of the Chief, the selection of these three entities raises questions about the independence of these oversight authorities and seems contrary to the minimum requirements of AB 481.

Though the Department describes the procedure for filing and investigating complaints, the policy does not clearly define what “legally enforceable sanctions” are in place for MEU policy violations and only refers violations to be “handled in accordance with RM 220.01 (Internal Investigations Manual).” Furthermore, SPD has not provided a general disciplinary matrix or minimum baseline for sustained complaints in either the MEU policy or its public list of general orders. This lack of formal disciplinary guidelines has been cited by both the California Attorney General and the SCPRC, which have submitted separate recommendations for addressing this deficiency.

To ensure meaningful accountability under this policy, it is important for the City Council to choose an independent oversight authority separate from SPD that can be impartial and prioritize the public’s welfare, safety, civil rights, and civil liberties.

Supporting Sources:
i. California Government Code Section 7070(d)
ii. California DOJ, Review of Sacramento Police Department 2020 Report, pp. 65, https://oag.ca.gov/system/files/attachments/press-
docs/SPD%20Report%20Phase%20II.pdf
iii. Sacramento Community Police Review Commission 2020 Disciplinary & Accountability Ad Hoc Recommendations

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX

Exhibit D
36 | P a g e

MEU RECOMMENDATION #7

ISSUE / PROBLEM
SPD policy is unclear about the type of chemical agents possessed in its military equipment inventory and does not report the potential hazards to public health or local environments from deployments of chemical agents.

SCPRC RECOMMENDATION
Amend GO 410.06(H)(7,12,14): Consolidate all military munitions, grenades, or canisters that deploys any type of chemical agent listed under AB 48 into the "Chemical Agents and Smoke Canisters" category. Under the consolidated category, add language or links to manufacturers' websites that contains information including, but is not limited to:

1. Clear definitions for each type of chemical agent possessed by SPD (i.e. pepper spray, tear gas, smoke cannisters, etc).

2. Any health or environmental hazards from the deployment of each type of chemical agent.

3. Procedures for cleaning up after deployments of chemical agents.

SCPRC RECOMMENDATION RATIONALE
A key takeaway from community members was the need for greater transparency about the SPD’s inventory and use of chemical agents. Community members want clarity about the type of chemical agents it possesses and information about their chemical make, how SPD or City staff clean up after deploying smoke canisters, flash-bangs or chemical agents which may linger in the air or leave surface residue, as well as any health or environmental dangers from use of this military equipment.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX

Exhibit D
37 | P a g e

MEU RECOMMENDATION #8

ISSUE / PROBLEM
Community members would like to see their City Councilmembers participate in the community engagement process related to military equipment use policy.

SCPRC RECOMMENDATION
Adopt a New Policy: City Council coordinate directly with SCPRC and SPD to organize community input forum(s) within their respective districts. Each city council member should coordinate with SCPRC to either host a community input forum within their respective council district, or at minimum, attend at least one (1) community input forum in a listening capacity within the bounds of the Ralph M. Brown Act.

SCPRC RECOMMENDATION RATIONALE
Throughout all three (3) community forums, the public was unequivocally clear in feeling ignored by their City Council members in past discussions and decisions concerning SPD policies and practices. The Commission noted that only two City Council members attended any of the community forums, and the public frequently questioned whether City Council would listen or act any differently than it has given their absence.

As such, the Commission recommends the Mayor and City Council members work with SCPRC should attend at least one of the established community meetings, or host one within their respective districts.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX

Exhibit D
38 | P a g e

MEU RECOMMENDATION #9

ISSUE / PROBLEM
The community requested that the Sacramento Community Police Review Commission be given adequate funding and resources for more frequent community engagement outside of monthly meetings.

SCPRC RECOMMENDATION
Changes to Existing Policy(s): City Council approve annual funding for SCPRC to continue to engage community directly and more often throughout the year.

SCPRC RECOMMENDATION RATIONALE
Community expressed a strong desire for regular and more frequent community engagement beyond the annual MEU input sessions. For this year’s community forums, the SCPRC’s Community Outreach Plan called for the City to secure easily accessible venues and offer child care and refreshments for each meeting, which was well received by the public.

The public called for SCPRC and SPD to receive more funding to engage the community more frequently. Community also called for the City to use its full resources to better advertise public meetings via their media contacts, existing email list-servs for community leaders and organizations, as well as placement in City Council members’ newsletters, websites and District meetings.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX

Exhibit D
39 | P a g e

APPENDIX E

What follows are the recommendations that SCPRC made in 2022 to the Mayor and City Council on SPD’s Military Equipment Use policy.

Military Equipment Use Recommendation #1

ISSUE / PROBLEM
SPD policy does not detail the limits of military equipment or munitions available for use in civilian settings.

SCPRC RECOMMENDATION
Amend GO 410.06(C): Add specific language that prohibits purchase, acquisition, or usage of any military equipment or munitions that are prohibited by the Federal government for use by the US Military or law enforcement agencies.

SCPRC RECOMMENDATION RATIONALE
While SPD is required by state law to contract with the Federal government to acquire its military equipment and munitions, there appears to be no state rules prohibiting banned equipment from being acquired. Out of abundance of caution, the Commission recommends this policy include specific language that prohibits the purchase, acquisition, or usage of such banned equipment. The Federal government provides a list of banned military equipment which cannot be used by the US military or local police forces.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
40 | P a g e

Military Equipment Use Recommendation #2

ISSUE / PROBLEM
SPD's annual military equipment use (MEU) reports do not require comparative or demographic reporting that would provide measurable data to meaningfully assess how its military equipment is being used.

SCPRC RECOMMENDATION
Amend GO 410.06(D): Add specific language requiring SPD to produce its annual report using Comparative Reporting and Demographic Reporting to provide information that includes,but is not limited to: 1. Where it uses its military equipment and munitions; 2. Who it is used against 3.

In what context the equipment is used.

SCPRC RECOMMENDATION RATIONALE
AB 481 requires a law enforcement agency to submit an annual military equipment report that at minimum covers the following: - A summary of how the military equipment was used and the purpose of its use.
- A summary of any complaints or concerns received concerning the military equipment. - The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. - The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. - The quantity possessed for each type of military equipment.

If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Using the information contained in the annual report, City Council is required to “only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.”

The City and SPD frequently mentions their desire for data-driven policies, but nothing within the 2021 annual MEU report provides metrics for meaningfully measuring the impacts of this policy or evaluate whether SPD's use of military equipment genuinely safeguards the public's Exhibit D
41 | P a g e

welfare, safety, civil rights, and civil liberties as required by AB 481. The current policy language appears to be vague in its annual reporting requirements and does not require SPD to provide annual metrics for how it uses its military equipment compared with the US military, where it is used, or in what context. Under its current “Summary of Military Equipment Usages,” the department only provides the total number of uses and unauthorized uses under each military equipment category within a broad time period between 12/14/2021 and 4/30/2022, but it fails to summarize how equipment was used in these incidents, the outcomes from those incidents or the purpose for their usage. The department also re-states when its usage is authorized without providing additional context.

SCPRC believes that in order for future reports to be AB 481 compliant, these must provide information about where the equipment was utilized, who it was used against, and the reason SPD thought it necessary. The Commission recommends adding specific language that requires comparative reporting to illustrate the differences between how the US military used this equipment versus how SPD is using them against civilians in Sacramento. According to SPD, the current policy appears to require comparative reporting, but we think this language can be more explicit in stating its purpose for such reporting.

The Commission also recommends adding specific language requiring demographic reporting to provide information about where SPD uses its military equipment and munitions; who it is used against; and in what context the equipment is used. According to SPD, its annual report for military equipment use is compiled by its Inspection and Standards Team (IST) which does not track demographic information. However, it does collect this data for its Use of Force Reports which are compiled by the Professional Standards Unit (PSU). If this data is collected in other SPD reports, then those reports or links to them should be incorporated into the annual military equipment use report. Having the information in one place will improve public access and make any deployments visible to the community creating accountability.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
42 | P a g e

Military Equipment Use Recommendation #3

ISSUE / PROBLEM
SPD language related to military munitions usage is overly vague or too broad

SCPRC RECOMMENDATION
Changes to Existing Policy(s): Add specific language detailing the usage, rationale and justification for use of all Armor-Piercing (AP) munitions in the context of public safety.

SCPRC RECOMMENDATION RATIONALE
While current UOF policy governs the use of AP munitions when suspects are heavily armored in Class level 4 or above, SPD does not have specific use policy related to their usage. Given its clear military applications, we recommend adding language that provides criteria for using AP munitions, including a rationale, restrictions on its use, and other criteria governing where, against whom, and in what context they may be used.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 580.02 Use of Force
GO 410.06 Military Equipment Use

Exhibit D
43 | P a g e

Military Equipment Use Recommendation #4

ISSUE / PROBLEM
SPD policy allows the department to apply for funds prior to Council's approval under exigent circumstances.

SCPRC RECOMMENDATION
Amend GO 410.06(G): Require SPD to seek City Council approval before any public or private funding may be spent to procure, acquire, or purchase military equipment under AB 481.

Require all annual procurements, acquisitions, or purchases be submitted separately from SPD's annual report or policy updates for consideration by the Budget & Audit Committee.

SCPRC RECOMMENDATION RATIONALE
GO 410.06 currently authorizes SPD to “apply for funding prior to obtaining council approval in the case of exigent circumstances.” SCPRC agrees that there might be circumstances where public funding may only be available with limited notice and require SPD to move quickly in order to apply for funding. However, this money should not be used until the City Council authorizes such action.

While SPD currently lists its projected acquisitions within its 2021 annual report, the General Order itself also lists an “annual procurement” quantity and cost for each item of equipment.

Upon the City Council approving either SPD’s annual report or updates to this policy, this may allow SPD to continuously stockpile military weapons and equipment on an annual basis without a cap.

This approval will increase public transparency and ensure accountability for SPD to only purchase military equipment that is cost-effective in comparison to other reasonable alternatives that can achieve the same objective of officer and civilian safety.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
44 | P a g e

Military Equipment Use Recommendation #5

ISSUE / PROBLEM
SPD policy does not catalog military-grade firearms and launchers separately from their military- grade munitions and projectiles.

SCPRC RECOMMENDATION
Amend GO 410.06(H): Catalog SPD inventory of military-grade firearms and launchers separately from their respective munitions and projectiles.

SCPRC RECOMMENDATION RATIONALE
The catalog of military equipment should be transparent enough for the public to accurately distinguish between firearms and launchers from the different types of ammunition they use. As currently written, SPD lists ammunition together with weapons in such a way that is not clearly distinguishable for members of the public or the Commission. The Commission recommends adding separate bullets and numbering under each type of military weapon and equipment category to clearly list firearms and launchers separately from their respective ammunition and projectiles.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
45 | P a g e

Military Equipment Use Recommendation #6

ISSUE / PROBLEM
SPD's policy uses vague or overly broad terms to allow military equipment to be deployed, but without any clear limits for how it is used in civilian settings.

SCPRC RECOMMENDATION
Amend GO 410.06(H)(1-15): Add written language to clearly state the limits and conditions for SPD's use of each type of military equipment in compliance with AB 48 and AB 481, including specific details for when it is authorized for use and when it is unauthorized for use.

SCPRC RECOMMENDATION RATIONALE
If the current MEU policy can describe situations where equipment can be used, the proposed policy should also specify the situations in which it cannot be used. We recommend that City Council add clear language stating the specific situations where SPD is unauthorized to use military equipment. For example, specific situations such as:
 if use of drones for criminal investigations is not authorized without a warrant;  if use of rubber bullets and chemical agents is not authorized when vulnerable persons are present, or for crowd control;
 if use of armored vehicles for arresting a suspect is not authorized without consideration of alternatives.

While SCPRC appreciates the removal of some ambiguous language and the addition of governing policies for each type of military equipment, the inclusion of phrases such as “crowd control” and “circumstances where a tactical advantage can be obtained” are so broad that SPD could authorize military equipment use for virtually any situation, even when reasonable or cost- effective alternatives may exist. For instance, the current draft describes specific situations for the authorized use of 40MM Launchers and Rounds, stating:

“Approved situations for use of these less lethal weapon systems include:
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.”

The lack of clear limitations for using military weapons and equipment is among the most serious concerns raised by community members, civil rights advocates, and members of City Council. These concerns arise from a documented history of racial bias and discriminatory outcomes in SPD practices and procedures which 3 separate studies over the last 20 years have confirmed to disproportionately impact Black residents. Following the 2020 George Floyd protests in Sacramento, video documentation shared at City Council on January 19th, 2021, was alarming enough for the Mayor and City Council to direct OPSA and SCPRC to investigate potential misuses of military equipment against peaceful protesters. That response is currently Exhibit D
46 | P a g e

the subject of at least 2 ongoing lawsuits calling into question whether SPD’s prior military equipment policies were followed and whether the policies avoided excessive use of force.

Given this history and the questions these incidents raise, it is important for the City Council to require SPD to clearly define unauthorized usage of its military equipment to show the public that corrective action has been taken to remedy prior nonconforming uses and ensure future compliance with AB 481. Therefore, the Commission recommends that City Council add clear language stating the specific situations where SPD is unauthorized to use military equipment.

Supporting Sources:
i. Center for Policing Integrity, The National Justice Database City Report, Sacramento Police Department, 2014 - 2019,
https://public.tableau.com/app/profile/center.for.policing.equity/viz/SacramentoPDCP E2021/1_SUMMARY
ii. Dr. Howard P. Greenwald, Final Report: Police Vehicle Stops in Sacramento, California, October 31, 2001,
https://www.cityofsacramento.org/Police/Transparency/Vehicle-Stop-Data-History- and-Information#:~:text=Vehicle%20Stop%20Data%20Analysis%20Project iii. Dr. John C. Lamberth, Traffic Stop Data Analysis Project for the Sacramento Police Department, August 2008, https://www.cityofsacramento.org/- /media/Corporate/Files/Police/Transparency/VSDF/SacramentoPoliceDepartmentFin alReport_8-7-08.pdf?la=en
iv. Agenda Item #16, Police Department Presentation on Protest Activity, Sacramento City Council Meeting, January 19, 2021 (video shared during Sacramento City Councilmember Katie Valenzuela’s comments)
https://sacramento.granicus.com/MediaPlayer.php?view_id=22&clip_id=4822&meta _id=612705
v. Garza v. City of Sacramento, ED. Cal. Case No. 2:20-cv-01229-WBS-EFB (ongoing lawsuit alleging excessive use of force by SPD using military weapons and equipment)
vi. White v. City of Sacramento, ED. Cal. Case No. 2:21-cv-02211-JAM-DB (ongoing lawsuit alleging discriminatory use of force and harassment by SPD using military weapons and equipment)

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
47 | P a g e

Military Equipment Use Recommendation #7

ISSUE / PROBLEM
SPD provides no justification for why it needs military equipment or explanation as to how it meets AB 481's minimum requirements.

SCPRC RECOMMENDATION
Amend GO 410.06(D): Require written justifications in each annual MEU report to provide context for why the military equipment in SPD's inventory is necessary and how it will achieve both officer and civilian safety while also safeguarding the welfare, civil rights, and civil liberties of the public. Written justifications should be provided for the following military equipment:

1. Unmanned Aircraft System (UAS) vehicles exceeding a purchase cost of $1000 or an annual maintenance cost of $500

2. Robots

3. Armored Vehicles

4. Long Range Acoustic Devices (LRADs)

5. 40MM Launchers and Rounds

6. Less Lethal Shotguns capable of deploying chemical agents defined under California Penal Code 13652(d)(2).

7. Precision Rifles capable of using .308-caliber or Armor-Piercing (AP) ammunition, exceeding a purchase cost of $1,500 per rifle, or require conversion for police use at a cost exceeding $50,000.

8. All Ammunition, Canisters, Grenades, Rounds, or Projectiles considered kinetic energy projectiles under California Penal Code 13652(d)(1).

9. All Ammunition, Canisters, Grenades, Rounds, or Projectiles containing any chemical agents defined under California Penal Code 13652(d)(2).

10. All Ammunition, Canisters, Grenades, Rounds, or Projectiles considered AP ammunition or possessing AP capabilities.

SCPRC RECOMMENDATION RATIONALE
Two of four minimum requirements under AB 481 states that City Council only approve a written MEU policy if:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

During the approval process, SPD did not provide any detailed rationale or justifications for why the department needs its current stock of military equipment or how the equipment will simultaneously achieve both officer and civilian safety while also safeguarding the public's welfare, civil rights, and civil liberties. For example, while current UOF policy governs the use of Armor-Piercing (AP) munitions when suspects are heavily armored in Class level 4 or above, SPD does not have specific use policy related to their usage or justifications for its use. The only justification on record was provided verbally during SPD's presentation to the Law and Exhibit D
48 | P a g e

Legislation Committee, where Deputy Chief Norm Leong cited an LA bank robbery from over 25 years ago as the most recent example for maintaining AP munitions.

Given the clear military applications for AP munitions and other military equipment like the 40MM tactical 4-shot grenade launcher, the SCPRC and community members maintain serious questions and concerns for how it would achieve these goals simultaneously in compliance with AB 481. The Commission recommends adding language that provides a detailed justification for why the military equipment in its inventory is necessary and how it will achieve officer and civilian safety equitably while also safeguarding the public's welfare, civil rights, and civil liberties.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
49 | P a g e

Military Equipment Use Recommendation #8

ISSUE / PROBLEM
SPD policy does not identify who or what entity will exercise independent oversight over the policy and uses of military equipment policy as required by AB 481.

SCPRC RECOMMENDATION
Amend GO 410.06(F): Add written language to clearly designate independent oversight authority to the Office of Public Safety and Accountability (OPSA), the Inspector General (IG), and the SCPRC to ensure SPD’s compliance with this policy and AB 481.

SCPRC RECOMMENDATION RATIONALE
Under AB 481, a military equipment use policy must include “the mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.” This requires SPD to identify an independent oversight entity and the legally enforceable sanctions for MEU policy violations, but the current policy provides none of these.

Though the Department describes the procedure for filing and investigating complaints, the policy does not clearly define what “legally enforceable sanctions” are in place for MEU policy violations and only refers violations to be “handled in accordance with RM 220.01 (Internal Investigations Manual).” However, this manual does not provide a general disciplinary matrix or minimum baseline for sustained complaints. This lack of formal disciplinary guidelines has been cited by both the California Attorney General and the SCPRC, which have submitted separate recommendations for addressing this deficiency.

The MEU policy designates SPD’s Inspections and Standards Unit and its Professional Standards Unit as their oversight authorities that would refer violations to the Internal Affairs Division and report instances of non-compliance to the City Council via its annual report. Given all three bodies are budgeted under the Department’s Office of the Chief, the selection of these three entities raises questions about the independence of these oversight authorities and seems contrary to the minimum requirements of AB 481.

To ensure meaningful accountability under this policy, it is important for the City Council to choose an independent oversight authority separate from SPD that can be impartial and prioritize the public’s welfare, safety, civil rights, and civil liberties. To that end, the Commission recommends that the City Council designate OPSA, the Inspector General, and SCPRC as the independent entities responsible for providing meaningful oversight of SPD’s compliance with its MEU policy and AB 481.

Supporting Sources:
i. California Government Code Section 7070(d)
Exhibit D
50 | P a g e

ii. California DOJ, Review of Sacramento Police Department 2020 Report, pp. 65, https://oag.ca.gov/system/files/attachments/press-
docs/SPD%20Report%20Phase%20II.pdf
iii. Sacramento Community Police Review Commission 2020 Disciplinary & Accountability Ad Hoc Recommendations

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
51 | P a g e

Military Equipment Use Recommendation #9

ISSUE / PROBLEM
SPD policy allows the department to continuously acquire stocks of military equipment without any limit on its total stockpile. SPD policy creates an unlawful exception to AB 481 to allow procurement, acquisition, or purchase of military equipment without approval of the governing body.

SCPRC RECOMMENDATION
Amend GO 410.06(I): Add specific language establishing an upper limit for the quantity of each type of military equipment SPD may possess within a given fiscal year. Remove any language that would allow SPD to procure, acquire, or purchase military equipment without City Council approval, including the following language:

SECTION I. MAINTENANCE OF MILITARY USE SUPPLY LEVELS When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department’s needs. SPD is authorized to acquire additional stock of items listed here from other law enforcement agencies of CalOES in the event of an emergency when approved by the City CouncilCOP or designee.

SCPRC RECOMMENDATION RATIONALE
SPD's MEU policy currently states: “When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department’s needs.” This language essentially creates an ambiguous lower limit that allows SPD to order up to 10% of its military equipment stock and does not comply with AB 481, which requires all military equipment acquisitions by a law enforcement agency be approved by the governing body without exception.

Conversely to this lower limit, the current policy language allows SPD to acquire “annual procurements” of flashbang grenades, teargas grenades, breaching shotgun rounds, chemical “Pepperball” launchers, and seven different types of drones with no upper limit on the equipment in stock. This concern was raised by community members and the SCPRC before the policy's approval, given the appearance that SPD is "stockpiling munitions" such as that have very specific uses but are highly unlikely to be necessary during any given year. For example, the General Order under Diversionary Devices SPD requests 108 additional 7290M Mini Flash- Bangs via its annual procurement quantities, despite having 108 units in stock, a life expectancy that lasts until used, and only having deployed Diversionary Devices a total of 8 times between December 14, 2021 and April 30, 2022.

Establishing a lower limit would presume no reasonable alternatives exist for achieving officer and civilian safety, thereby disincentivizing the Department from proactively evaluating its Exhibit D
52 | P a g e

inventory for cost-effective alternatives that achieve the same objective. Furthermore, this language allows SPD to continuously stockpile military weapons and equipment on an annual basis upon the City Council's approval of either SPD’s annual MEU report or updates to this General Order.

The Commission recommends removing Section I entirely, along with any other language that would be construed to allow SPD to procure, acquire, or purchase military equipment without City Council approval. Additionally, we recommend adding language establishing an upper limit for the quantity of each type of military equipment in SPD's inventory within a given fiscal year.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
53 | P a g e

Military Equipment Use Recommendation #10

ISSUE / PROBLEM
SPD has no written policy or requirement for evaluating or assessing the effectiveness of its military equipment stock or other technology.

SCPRC RECOMMENDATION
Adopt a New General Order: Create a standalone policy establishing a recurring process for evaluating or assessing the effectiveness of military equipment and other technology SPD currently uses. Evaluations or assessments should include any reviews or analyses of cost- effective alternatives to military equipment which may exist at the time. The process should be conducted periodically (recommended once every 3 years) and produce evaluation reports that are shared directly with the SCPRC and made available to the public via the City's website.

Any recent evaluations or assessments of military equipment conducted prior to the passage of AB 481 or SPD's GO 410.06 should be published under a new section in the next annual MEU report and referenced each year until the next evaluation is completed (beginning in 2023).

SCPRC RECOMMENDATION RATIONALE
One of four minimum requirements under AB 481 states: "If purchasing [military] equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety." In producing its MEU policy, SPD did not appear to conduct any process for evaluation or assessing the effectiveness of its current military equipment stock and did not any details for what, if any, cost-effective alternatives it reviewed or trialed prior to City Council approving its policy.

The Final Report of President Barack Obama's Taskforce on 21st Century Policing included among its recommendations an action item for all law enforcement agencies to include "an evaluation or assessment process to guage the effectiveness of any new technology" that includes input from all levels of the agency "from line officer to leadership" and an "assessment from members of the community." The Commission agrees with this recommendation and believes it should be established as a standalone policy that is referenced directly in SPD's MEU policy.

The process should be conducted on an ongoing basis with a public report published every three years. The process for evaluating and assessing military equipment and other technology should include an intradepartmental survey to solicit input from line officers, union representatives, and members from other departmental units, such as research and planning, technology, and internal affairs. The evaluation report and departmental findings should then be reviewed and analysis provided by the City's police oversight bodies in OPSA and the SCPRC. Assessment should also include external stakeholders separate from SPD such as representatives from the City Attorney's office, civil rights attorneys, local advocacy groups, and other impacted community members.

Each group should have the opportunity to ask questions, express their concerns, and offer suggestions for updates or changes to SPD policy and training.

Exhibit D
54 | P a g e

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use
GO 525.09 Unmanned Aerial Systems
GO 580.02 Use of Force
GO 580.04 Firearms
GO 580.10 Use of the Conducted Energy Device (CED)
GO 580.12 Less Lethal Weapon Systems
GO 580.15 Special Weapons and Tactics (SWAT) Team
GO 580.16 SWAT Diversionary Devices
GO 580.17 Use of the Long Range Acoustical Device (LRAD) GO 580.18 Deployment of Armored Vehicles
RM 532.11 First Amendment Assemblies Manual
RM 580.07 Chemical Agents

Exhibit D
55 | P a g e

Military Equipment Use Recommendation #11

ISSUE / PROBLEM
SPD policy does not explicitly limit or prohibit SPD from using robots or drones as a Use of Force option.

SCPRC RECOMMENDATION
Changes to Existing Policy(s): Add specific language to SPD policy and city code to prohibit the use of Robots or Unmanned Aircraft Systems (UAS) as a Use of Force option against any person without exception.

Under GO 410.06(H) under UAS and Robot, add the following language to subsection (g):
"Robots and Unmanned Aircraft Systems shall not be used as a Use of Force option against any person."

Under GO 580.02(F), add line (g) under subsection (1) using the following language: "By means of a Robot, Unmanned Aircraft System, or any other type of remote-operated military equipment."

SCPRC RECOMMENDATION RATIONALE
While the discussion of use of deadly robots has been happening for years among military and law enforcement circles, the recent decision by San Francisco Board of Supervisors to initially authorize San Francisco Police Department (SFPD) to use robots to kill suspects when "loss of life to members of the public or officers is imminent and outweigh any other force option." his language and the arguments supporting them raise deep Oakland Police Department made a similar proposal, which has widely condemned by both residents and human rights groups alike.

Regardless of what law enforcement or legal professionals may claim, there is nothing normal conversation in the course of modern law enforcement practices and the Commission rejects any assertion to the contract. AB 481 requires law enforcement agencies to disclose how police use military weaponry and equipment, justify that use, and have it approved annually through a governing body such as the City Council. There is no data-driven evidence or ethical principle that would justify police using robots or UAS to kill people setting.

While robot and drone use-of-force has never before been approved in Sacramento (and assuringly, SPD has publicly state it has no plans or interest to request this authorization), it also has never been prohibited and the Commission has concerns with how certain SPD policies' language are ambiguous enough to allow for SPD to use remote-operated technology as a UOF option. We believe clear ethical boundaries are necessary to ensure SPD maintains the utmost respect for the humanity of all Sacramento community members regardless of their suspicions or illegal activities. Therefore, we recommend for the City Council to explicitly prohibit Robots or UAS vehicles from being used to kill any person without exception and regardless of exigent circumstances.

Exhibit D
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SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 580.02 Use of Force
GO 410.06 Military Equipment Use

Exhibit D
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Military Equipment Use Recommendation #12

ISSUE / PROBLEM
SPD does not include personnel time in calculating the total cost of its military equipment as required by AB 481.

SCPRC RECOMMENDATION
Amend GO 410.06(C): Require SPD to include the costs of personnel time, training, transportation, maintenance, storage, upgrades, and other ongoing costs in its calculation of the total annual cost and fiscal impact of each type of military weapon and equipment listed in its inventory and annual reports.

SCPRC RECOMMENDATION RATIONALE
AB 841 states that SPD and other law enforcement agencies need to report "the total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs." This is necessary to provide the most accurate and transparent information for the governing body and independent oversight authorities to measure the cost-effectiveness of SPD's military equipment use and hold SPD accountable to comply with state law.

In its 2021 Annual MEU report, SPD states in its most recent annual report that 93% of its Departmental expenditures are for personnel costs. Under Training Costs (pg. 25), SPD lists a total of 6 trainings with costs-per-officer totaling over $13,800. However, neither the report or the General Order appears to include those training costs under the Fiscal Impact for the relevant types of equipment. Furthermore, SPD does not appear to include the cost of personnel time in tabulating that total annual cost for each type of equipment, nor does it include the costs for transportation, storage, upgrades and other ongoing costs. While we have noticed that multiple law enforcement agencies who have unceremoniously tweaked their total costs to exclude this data, such tweaking appears as a coordinated effort to mislead the public and their governing bodies in such a manner that is both unethical and illegal, which only complaints of noncompliance alleged against SPD and validating the reasons for community members to not trust SPD statements or reporting.

The Commission recommends the City Council amend this General Order to specifically require SPD to include the cost of personnel time, training, transportation, maintenance, storage, upgrades, and any other ongoing costs in its tabulation for the total annual costs and fiscal impacts for each type of military equipment listed in its MEU policy and annual reports. Failure to include this information increases the likelihood for costly litigation against the City that will ultimately be paid by City taxpayers (not their elected representatives or appointed city staff) for SPD's refusal to take their legal obligations seriously.

SPD RESPONSE

Exhibit D
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OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
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Military Equipment Use Recommendation #13

ISSUE / PROBLEM
SPD has no written policy or process for decommissioning, liquidating, or disposing of equipment or weapons that a governing body has prohibited from use among civilian populations.

SCPRC RECOMMENDATION
Amend GO 410.06: Establish a process for removing military weapons or equipment that are banned, prohibited, or no longer permitted for use by SPD.

SCPRC RECOMMENDATION RATIONALE
SPD does not appear to have a policy for decommissioning military equipment it no longer uses or is prohibited by Federal agencies. The Commission recommends creating a policy for clearing its inventory of banned military equipment, weapons, or munitions as they occur under future administrations and governments.

SPD RESPONSE

OTHER CITY DEPARTMENTS

APPENDIX
GO 410.06 Military Equipment Use

Exhibit D
ORDINANCE NO. 2023-XXXX
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE RESCINDING ORDINANCE NO. 2022-
0025 AND ADOPTING A MILITARY EQUIPMENT USE
POLICY

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO
SECTION 1. Findings
The City Council finds:

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

The term “military equipment” is defined in California Government Code section 7070, subdivision (c).

C. The military equipment use policy of the Sacramento Police Department is located within Sacramento Police Department General Order (“GO”) 410.06. The operative version of GO 410.06 was adopted by City Council via Ordinance No. 2022-0025 on September 13, 2022.

D. GO 410.06 meets the requirements of California Government Code section 7070, subdivision (d).

SECTION 2. Determinations
Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council hereby determines as follows:

1. Ordinance No. 2022-0025 is hereby rescinded.

2. The military equipment identified in GO 410.06 is necessary, because there are no reasonable alternatives that can achieve the same objective of officer and civilian safety.

3. GO 410.06 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in GO 410.06 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

5. Prior military equipment use complied with the military equipment use policy that was in effect at the time.

6. GO 410.06, attached hereto as Exhibit A, is approved, and adopted.

EXHIBIT A – GO 410.06