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Library: Policy

OKDHS:2-7-2. Use of force reporting and review

Revised 3-24-14

(a) Definitions.  The following words and terms, when used in this Section, shall have the following meanings, unless the text clearly indicates otherwise:

  • (1) "Force" means any physical action, from officer presence to serious physical injury or death that compels an action or overcomes resistance.
  • (2) "Use of force" means any application of force beyond that required to properly take an unresisting subject into custody and maintain control of that subject.
  • (3) "Serious physical injury" means injury creating substantial risk of death or causing serious disfigurement, serious impairment of health, or serious loss or impairment of function of a bodily organ.

(b) Use of force reporting procedures.

  • (1) An Office of Inspector General (OIG) agent is required to submit a use of force report when the agent:
    • (A) discharges a firearm for any reason other than training or recreational purposes;
    • (B) applies force using lethal or less lethal weapons;
    • (C) applies weaponless physical force that results in a complaint of injury beyond the discomfort of the arrest and restraint procedure; or
    • (D) uses any level of force that results in, or is alleged to have resulted in, the serious physical injury or death of another person.
  • (2) When a use of force report is required, the agent submits the report to his or her supervisor within two business days.  A copy of the report is filed in the subject's OIG case record.
  • (3) When an agent is the victim of an assault related to an on duty incident, the agent notifies his or her supervisor as soon as the incident is under control.  The supervisor ensures that procedures per DHS:2-15-1.1 are followed.
  • (4) When an incident involving the use of force results in serious physical injury or death, the agent who used force is temporarily reassigned to administrative duty pending an administrative review of the incident.  The agent may also be required to participate in post-incident debriefing and counseling.
  • (5) The inspector general maintains original reports in a locked file cabinet.

(c) Medical attention and reporting procedures.

  • (1) Any time an agent uses force on a subject, the agent monitors the breathing and general condition of the subject to detect any changes that may require medical attention.
  • (2) When use of force results in an obvious serious physical injury or an apparent injury that requires medical attention beyond minor first aid, the agent either requests an ambulance or transports the subject to an appropriate medical facility for treatment.
  • (3) When a subject requires medical attention resulting from an agent's use of force, the agent notifies his or her supervisor as soon as the agent deems the incident to be under control and submits a use of force report within two business days.
  • (4) The supervisor takes detailed, written statements from any other Oklahoma Department of Human Services (DHS) employees with knowledge of the incident as soon as possible, and, if practicable, takes pictures of any injuries.

(d) Administrative use of force review.

  • (1) When a use of force report is submitted, the agent's supervisor reviews the information in the report and any other pertinent information available.  The supervisor forwards the report to the inspector general for review.
  • (2) The inspector general reviews the information in the report and any other pertinent information available to determine whether the use of force was justified.  If the use of force is not designated as justified, the inspector general convenes a use of force review board.
  • (3) A copy of the final report containing all administrative review commentary and findings is submitted to the DHS Director.

(e) Use of force review board.

  • (1) The use of force review board reviews the information in the report and any other pertinent information available.  At the request of the board, the affected agent appears before the board to answer questions relevant to the use of force incident or report.  The affected agent may have a representative present for any questioning.
  • (2) The use of force review board includes:
    • (A) two supervisory agents;
    • (B) one non-supervisory agent; and
    • (C) one non-commissioned DHS employee.
  • (3) The use of force review board submits a written report to the inspector general with a finding of justified or not justified.  The report includes a list of any policy violations and notes any training or policy deficiencies.  The inspector general determines any administrative disciplinary action per DHS:2-1-7.

(f) Analysis of use of force.  The inspector general or designee completes an annual analysis of all reports of use of force from the previous calendar year.  Both the incident review process and the annual analysis of reports identify and address any policy, training, equipment, or discipline issues.

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