“For example, it is unclear whether a carotid restraint, which is unauthorized as required by state law, can serve as an ‘alternative’ method,” the OIR report says.Īlso, a revision made earlier this year to Policy 300 could allow deputies to use unapproved weapons, possibly resulting in deputies using force that is prohibited or out of policy. It’s also not clear how a deputy can determine if a force technique is authorized if it isn’t specifically mentioned in the policy, and the policy fails to adequately differentiate between unauthorized and alternative force techniques. The OIR report says that much of the confusion with Policy 300 lies in its use of “authorized” force, which is used throughout the policy but is never defined. In particular, it takes issue with Policy 300, which largely governs the department’s use of force. The OIR report identifies glaring issues with the Sheriff’s Department’s use of force policy, which may contribute to deputies using force that is prohibited or outside of department policy. Policy deficits in the Orange County Sheriff’s Department Poor training can mean good policies are unknown or misunderstood, neutering their benefits and leading to bad practices.” “An incomplete or confusing force policy can deny deputies necessary information and needlessly frustrate accountability efforts. “Well-calibrated policies, training and practices are interrelated and equally important in preventing and addressing unnecessary or unlawful uses of force,” the OIR report says. To investigate the force policies, training and practices of the Orange County Sheriff’s Department, the OIR analyzed force policies and procedures, attended training courses on use of force, reviewed hundreds of force incidents and reports, visited county jails and interviewed inmates and other stakeholders. That confidential report includes some of the information in the public report, including the Sheriff’s Department’s alleged failure to report out-of-policy force violations or unauthorized uses of force to Internal Affairs for investigation. The release of the public report comes on the heels of a confidential OIR report obtained by TimesOC that highlighted problematic force incidents and department policy issues, including a deputy holding his knee on the back of an inmate’s neck for more than two minutes and an inmate attempting suicide after being elbowed in the head by a deputy who later denied using any force when questioned by a supervisor. Perez announced in early September that he would be probing into use-of-force policies among other county law enforcement issues. The latter were criticized for being ineffective and maintaining too close of a relationship to the Sheriff’s Department. Perez was appointed to the role last year after the office sat vacant for some time following several controversial years under two prior directors. The small agency consists of executive director Sergio Perez and investigations manager T. The OIR oversees the county’s Sheriff’s Department, district attorney’s office, public defenders office, probation department and Social Services Agency. The first public report by the Office of Independent Review also found that deputies are filing late or incomplete force reports, and training instructors have spread bias and endorsed violence. The Orange County Sheriff’s Department’s use-of-force policies lack clarity, potentially risking the safety of the public and exposing the county to liability, according to a report from a county oversight agency.
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