RPD Alignment with 8CantWait

Updated June 09, 2020

From Roseville Police Chief James Maccoun

A recent justice-reform movement titled “8CantWait” highlights eight suggested principles in policing. According to the organization behind this campaign, if their eight policy adjustments are implemented, they believe the measures will cause a reduction of use-of-force-related deaths.

This comparison of information isn’t intended to debate the validity of the study behind the “8CantWait”campaign. Rather, the intent of this release is to briefly highlight the eight policies in their campaign and compare their recommendations to the existing policies of the City of Roseville Police Department and California state law. The Roseville Police Department believes that its existing policies and training are largely aligned with “8CantWait” principles.

We’ve received many inquiries about body-worn cameras as well. As I’ve stated publicly before, the City of Roseville and the Roseville Police Department have long seen the value in police body cameras as a measure of transparency.  The recent discussions at both state and federal levels regarding new laws or regulations may provide a welcome opportunity for funding options as well as consistent standards for the technology and its application. We continue to monitor this closely.


For reference, here is a link to the Roseville Police Department policies and procedures

One final note, the Roseville Police Department has:

  • Long been a proponent for clear policy coupled with ongoing and innovative training.
  • Promoted accountability via thorough internal investigation of every use-of-force or citizen complaint.
  • Implemented training on implicit bias and procedural justice, de-escalation and racial profiling prevention, and a full range of less lethal use-of-force options.
  • Established a Social Services Unit, with programs unlike any other law enforcement agency in the region. These services promote early intervention with mental health providers with a goal of reducing the need for future law enforcement actions.Two of the primary services are:
    • Mobile Crisis Team (MCT), a program where Placer County Adult System of Care clinicians respond with police to adults suffering a mental health crisis. MCT responds in concert with Roseville PD officers to field situations in real-time. Clients are encouraged to also contact them directly, when in need.
    • Family Mobile Team (FMT), a program where Placer County Children’s System of Care clinicians respond with police officers for juveniles in crisis. The FMT is housed within the Roseville Police facility and actively respond via police radio to events where their services are needed.
  • Partnered with other agencies and non-profits for prevention and improved outcomes, including:
    • Parent Project parenting classes, which are taught by RPD personnel using accredited curriculum, to help provide parents skills to deal with troubled youth.
    • School Resource Officers, which is a partnership with the Roseville High School District to assign officers within each high school in our city to promote school safety, mentorship, and guidance.
    • Crisis Negotiations Team, a highly trained unit to resolve critical incidents without police use of force.
    • Roseville Police Activities League, a community based non-profit, whose mission is to enrich the lives of youth by building positive relationships between youth, police officers, and the community.
    • Shop With A Cop which provides needed essentials for under-served youth and provides positive interactions with regional law enforcement personnel.
    • Roseville Coalition of Neighborhood Associations (RCONA)


8CantWait” proposals compared to RPD policies and existing state law

Outlined below in bold numerals are the provisions in the “8CantWait” platform compared to existing California Law (SB230 and AB392) and existing Roseville Police Department policies with citation of our relevant policy sections. SB230 will take effect January 1, 2021 and AB392 is already in effect as state law.

The Roseville Police Department constantly updates its policies to maintain compliance with law and best practices which reflect our high standards.



#1
De-escalation requirement

SB230 requires that “officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible.” SB230 also mandates each policy require officers to conduct all duties in a manner that is fair and unbiased. Additionally, SB230 requires all officers be trained in alternatives to deadly force and de-escalation techniques.

This training is required initially in compliance with any POST authorized police academy, as well as through field training, and continued in-service training. Specific examples of de-escalation training that have been carried out at the Roseville Police Department are: Crisis Intervention training, Tactical Communication training, Interview and Interrogation Training, Special Weapons And Tactics (SWAT) and Critical Incident Negotiations Team (CINT) training for critical incidents, and Defensive Tactics Instructor Certification.

Relevant Roseville Police Department policies:

*note: These links may take a while to load as the document size is very large. 
#2 Require warning before shooting

 

AB 392 states: “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.” This requirement is consistent with federal case law and is consistently reviewed during departmental training.

Relevant Roseville Police Department policies:

*note: These links may take a while to load as the document size is very large. 

#3 Duty to intervene

SB 230 sets forth a “requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances.” This provision is consistent with federal law as well.

With Roseville Police Department this concept is trained at the academy basic level, field training of new hires, and in-service training. This is a requirement of all of our officers and is supported by the culture of accountability and professionalism in our agency.

Relevant Roseville Police Department policies:


*note: These links may take a while to load as the document size is very large. 

#4
Require comprehensive reporting

SB 230 already requires “comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident.” Additionally, legislation from 2015 (Assembly Bill 71) requires statewide detailed reporting requirements on serious use of force incidents. SB 230 also requires officers to report excessive force they witness.

Relevant Roseville Police Department policies:

*note: These links may take a while to load as the document size is very large. 

We also report our yearly statistics to the California Department of Justice as required and those are subsequently forwarded to the Federal Bureau of Investigation.



#5
Ban chokeholds and strangulations

Prior to June 8, 2020 the Roseville Police Department authorized and trained in the rarely utilized use-of-force option known as the carotid restraint. The technique had previously been reserved for the most violent situations an officer would confront. The training and protocol was certified by the California Peace Officers Standards and Training Commission.

Effective June 8, 2020 the Roseville Police Department has now prohibited the use of the carotid constriction as a use-of-force option.



#6
Ban shooting at moving vehicles

SB230 requires “Comprehensive and specific guidelines for the application of deadly force,” which should include guidance on the limited situations that would warrant shooting at moving vehicles.

Roseville Police Department firearms training is in compliance with SB230 via Policy 300.4.1.



#7
Require use of force continuum

The Roseville Police Department joins the majority of California law enforcement leadership and leading experts who believe that the use-of-force continuum is an outdated model that has proven impractical, even dangerous, when applied in real-life situations. Instead, policies should focus on requiring officers to create space and separation in an attempt to utilize de-escalation techniques, which is captured in the training and policy requirements within SB230.

Roseville Police Department training is based on a legal precedent from the Ninth Circuit Court of Appeals, which insists an officer conduct an analysis of the situation they are confronted with and evaluate the appropriate force option based on the circumstances of the incident. The City of Roseville is within the geographical boundaries and jurisdiction of the Ninth Circuit.

Relevant Roseville Police Department policies:

*note: These links may take a while to load as the document size is very large. 

#8
Requirement to exhaust all alternatives before shooting

Roseville Police Department Officers are trained consistent with the mandates of 835a PC, which requires force to be objectively reasonable or “proportional” under case precedent of Graham v. Connor and Tennessee v. Garner. The requirement to “exhaust” all other reasonable alternatives creates a requirement to try and fail at all other force options prior to using deadly force. During critical incidents officers must make serious decisions within split seconds to protect their life and the lives of others.

The “reasonableness” requirement and “proportional” requirement of existing case law from the U.S. Supreme Court as well as the Ninth Circuit provide the policy guidance utilized by RPD and most California agencies. Additionally we train the five steps of the DOJ recommended “Critical Incident Decision Making Model”: 1. Collect Information 2. Assess the situation, threats and risks 3. Consider Police Powers and agency policy 4. Identify options and the best course of action 5. Act, review and re-assess.

It is important to note that the exhaustion of “reasonable” alternatives is based on the proper and tactical use of time. We train our officers to use time when processing a situation through the critical incident decision making model if feasible.

Relevant Roseville Police Department policies:

*note: These links may take a while to load as the document size is very large. 

For reference, here is a link to the Roseville Police Department policies and procedures

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