4B_USMS_Policy_Directive_14.16_Less_than_Lethal_Devices_Effective_03172016.pdf

USMS Policy Directive 14.16, Less-than-Lethal Devices Page 1 of 7 Effective Date: 3/17/2016

TRAINING

14.16 LESS-THAN-LETHAL DEVICES

A. Proponent: Training Division (TD).

B. Purpose: This directive establishes policies and procedures and required training for United

States Marshals Service (USMS) operational employees concerning the use and issuance of USMS authorized less-than-lethal devices.

C. Authority: The Director’s authority to supervise the USMS and issue written directives is set forth in 28 U.S.C. § 561(g) and 28 C.F.R.§ 0.111.

D. Policy: District and division managers may require operational employees to carry authorized less-than-lethal devices, when necessary. Less-than-lethal devices may be used by authorized and trained personnel in accordance with Policy Directive 14.15, Use of Force.

E. Responsibilities:

1. TD:

a. Provide necessary basic training for operational employees to use less-than-lethal devices.

b. Provide advanced training for operational employees to be Less-than-Lethal

Instructors.

c. Compile data on technical and product failures during USMS deployment.

d. Promote training programs and policies consistent with current law enforcement trends.

e. Analyze the use of less-than-lethal weapons, including any injuries, fatalities, and misuse, periodically.

f. Analyze benefits of using less-than-lethal weapons and assess emerging trends in using such weapons.

2. Operational Employees:

a. All new trainees must successfully complete the TD-approved course of instruction for each less-than-lethal device during basic training to be qualified to carry less-than-lethal devices.

b. All operational employees must have completed a course of instruction as approved by the Assistant Director (AD), TD, and be qualified with at least one of the following less-than-lethal devices:

1) Oleoresin Capsicum (OC) spray or aerosols;

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2) Expandable baton; or

3) Projectile Stun Gun (PSG).

c. Operational employees will deploy, activate, provide medical treatment, and document less-than-lethal device usage in a manner consistent with training procedures and Policy Directive 14.15, Use of Force.

d. Each operational employee will participate in and successfully complete annual retraining established by TD to maintain certification with less-than-lethal devices chosen by the employee or as directed by district or division management.

3. Less-than-Lethal Instructor:

a. All operational employees selected to be Less-than-Lethal Instructors will successfully complete the USMS Less-than-Lethal Instructor Training Program and be certified by the AD, TD.

b. Conduct annual retraining and recertification for each device for which TD has granted the Instructor Certification.

c. Maintain Instructor Certification by conducting initial training, annual retraining and recertification, and additional training approved by the AD, TD.

d. Fill out Form USM-336, Quarterly PSG Inspection Record.for each operational employee.

e. Examine operational employees’ less-than-lethal devices during training.

Examine all other less-than-lethal devices in district or division inventory not assigned to individual operational employees during annual retraining. Defective or damaged equipment will be brought to the attention of district or division management.

f. Conduct quarterly PSG downloads and inspections using Form USM-336.

4. District and Division Management:

a. Ensure all operational employees successfully complete initial and annual retraining to maintain current certification to carry each less-than-lethal device or at district or division management discretion, a minimum of OC spray, expandable baton, and PSG. District and division management may direct specified personnel to be trained and certified in specific devices.

b. Ensure training is conducted as outlined in Policy Directive 14.9, Annual

Retraining Program.

c. Ensure annual recertification is recorded on Form USM-333L, Less-than-Lethal

Devices Qualification Record, and the form is maintained in the appropriate district or division file.

d. Sign Form USM-333L after the instructor conducts annual retraining for district or division personnel.

e. Ensure less-than-lethal electronic control devices such as the PSG and

Electronic Restraint Device (ERD) (also known as the Band-It) which are classified as accountable property, are inventoried, accounted for, and hand-http://intranet.usms.doj.gov/sites/Policies/Library/14.15%20Use%20of%20Force.pdf http://intranet.usms.doj.gov/sites/forms/Forms/usm336.pdf http://intranet.usms.doj.gov/sites/forms/Forms/usm336.pdf http://intranet.usms.doj.gov/sites/Policies/Library/14.9%20Annual%20Retraining%20Program.pdf http://intranet.usms.doj.gov/sites/Policies/Library/14.9%20Annual%20Retraining%20Program.pdf http://intranet.usms.doj.gov/sites/forms/Forms/usm333L.pdf

USMS Policy Directive 14.16, Less-than-Lethal Devices Page 3 of 7 receipted in accordance with Policy Directive 7.1, Management of Personal Property, List 1.

f. Ensure all less-than-lethal devices are inspected during training or recertification.

g. Ensure all PSGs are downloaded and inspected quarterly and Form USM-336 is completed.

h. Replace operational employees’ defective less-than-lethal devices out of work plan funds. Replacement should be based on recommendation by the Less-than-Lethal Instructor.

F. Procedures: The procedures establishing policy in this directive will pertain to all less-than-lethal devices.

1. Authorized Devices:

a. Only the following less-than-lethal devices issued or approved by the TD may be used:

1) OC sprays. Refer to Policy Directive 14.17, Oleoresin Capsicum.

2) Expandable batons. Refer to Policy Directive 14.18, Expandable Baton.

3) ERDs, also known as the Band-It. Refer to Policy Directive 14.19, Electronic Restraint Devices.

4) PSG. Refer to Policy Directive 14.20, Projectile Stun Gun.

b. Substitutions to the approved devices are not permitted without TD’s and district management's written approval.

c. Items approved and authorized for use by the Special Operations Group are established under guidance and approval of the Deputy Director. Refer to Policy Directive 17.13, Special Operations Group.

2. Carriage and Storage of Less-than-Lethal Devices:

a. Less-than-lethal devices must be concealed from the general public when and where appropriate. This does not apply when wearing USMS duty uniform. A device will not be inspected or handled in public unless there is an operational purpose.

b. Less-than-lethal devices should not be routinely carried or used in restricted areas (i.e., cellblocks, unless they are deployed for operational need).

c. Less-than-lethal devices may be carried on commercial aircraft subject to restrictions set by the Federal Aviation Administration or airline carrier.

d. Each less-than-lethal device may have special storage requirements which are described in the individual device policy directives.

3. Use of Force Statement:

a. The use of less-than-lethal devices is authorized in Policy Directive 14.15, Use of

Force.

http://intranet.usms.doj.gov/sites/Policies/Library/7.1%20Management%20%20of%20Personal%20Property.pdf http://intranet.usms.doj.gov/sites/Policies/Library/7.1%20Management%20%20of%20Personal%20Property.pdf http://intranet.usms.doj.gov/sites/forms/Forms/usm336.pdf http://intranet.usms.doj.gov/sites/Policies/Library/17.13%20Special%20Operations%20Group.pdf

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b. Less-than-lethal devices are to be used in compliance with respective policies and in a manner consistent with current training procedures as established by

TD.

4. Training:

a. All operational recruits must successfully complete the TD-approved course of instruction during basic training to be qualified to carry less-than-lethal devices.

b. All operational employees are required to be trained and certified (at a minimum) annually on one of the following less-than-lethal devices:

1) OC spray;

2) Expandable baton; or

3) PSG.

c. Operational employees may be trained and certified with additional less-than-lethal devices. Management may direct specified personnel to be trained and certified with specific less-than-lethal devices. However, all operational employees are encouraged to be trained and certified annually on every less-than-lethal device in the district or division.

d. Initial training and annual retraining for less-than-lethal devices will be conducted by a USMS certified instructor and documented by the district or division office (refer to Policy Directive 14.9, Annual Retraining Program). Documentation of training serves as the authorization to possess, carry, and utilize less-than-lethal devices as assigned. If an employee is unable to demonstrate the necessary proficiency with a less-than-lethal device, the instructor will conduct and document remedial training necessary to attain certification before the employee is authorized to carry the device.

e. Less-than-Lethal Instructors will fulfill their annual recertification requirements to carry less-than-lethal devices by one of the following methods:

1) Receive annual retraining by another Less-than-Lethal Instructor; or

2) Conduct annual retraining for district and division personnel with each device to be carried for operational use by the Less-than-Lethal Instructor. Form USM-333L will be completed by the Less-than-Lethal Instructor and signed by the district or division Chief or approved designee.

f. Less-than-Lethal Instructors can train but not certify Task Force Officers (TFOs) assigned to USMS task forces. TFOs must receive certification to carry a less-than-lethal device from their own agency. TFOs must adhere to USMS and Department of Justice Less-than-Lethal policy directives while operating on the task force.

g. Training, carriage, and the use of less-than-lethal devices by Court Security

Officers (CSOs) must be in accordance with the provisions of the currently established CSO contract.

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h. The use of less-than-lethal devices by District Security Officers (DSOs) is at the discretion of district or Justice Prisoner and Alien Transportation System management.

1) Category 1 DSOs may carry authorized less-than-lethal devices issued by their department or agency if their training meets or exceeds current training standards as established by TD.

2) Category 2 DSOs are not authorized to carry less-than-lethal devices.

5. Medical Attention: In all use of force incidents, Deputy United States Marshals must make necessary medical assistance available to subjects as soon as practicable. Any injury to USMS personnel or another party must be documented and reported in connection with the submission of Form USM-133, Use of Force Report.

a. Report the incident to immediate supervisor as soon as possible.

b. Photograph or videotape marks or injuries on the subject resulting from the device (a measuring tape, ruler, or other acceptable item that can note the size, location, etc. of the injury or mark should be used). If the marks or alleged injuries are to be documented on a private portion of the subject’s body, USMS personnel will ensure privacy before the documentation is recorded. All pertinent information will be kept with the incident documentation Form USM-133 in a secure file and be marked UNCLASSIFIED // LAW ENFORCEMENT

SENSITIVE.

c. Complete Form USM-133 and attach the following documents and submit to the

Office of Inspection within 24 hours:

1) Photographs, and if available, video documentation.

2) Form USM-333L, Less-than-lethal Devices Qualification Record.

d. Complete Form USM-130, Prisoner Custody Alert Notice, and send to the appropriate detention facility if a subject has been injured or received medical attention.

e. Any serious injury or death possibly associated with the activation of a less-than-lethal device must be reported in accordance to Policy Directive 17.17, Significant Incidents Reporting.

6. Technical Malfunctions:

a. If a less-than-lethal device, associated equipment, or attachments malfunction, the operational employee will prepare a Form USM-210, Field Report.

b. The report should describe the problem, circumstance, brand, model, and serial number of the device. Send a copy of the Form USM-210 to the Less-than- Lethal Program Manager, TD. It is not necessary to send the faulty device to the TD unless requested. Defective equipment will generally be returned to the vendor for examination.

c. No alterations or modifications shall be made to a less-than-lethal device without written approval of the AD, TD. Repairs of less-than-lethal devices must be completed in accordance with the manufacturer’s warranty. Contact the Less-than-Lethal Program Manager, TD, for further information.

http://restricted.usms.doj.gov/projects/oii/SitePages/USM133Submissions.aspx http://restricted.usms.doj.gov/projects/oii/SitePages/USM133Submissions.aspx http://restricted.usms.doj.gov/projects/oii/SitePages/USM133Submissions.aspx http://intranet.usms.doj.gov/sites/forms/Forms/usm333L.pdf http://intranet.usms.doj.gov/sites/forms/Forms/usm130.pdf http://intranet.usms.doj.gov/sites/Policies/Library/17.17%20Significant%20Incident%20Reporting.pdf http://intranet.usms.doj.gov/sites/forms/Forms/usm210.pdf http://intranet.usms.doj.gov/sites/forms/Forms/usm210.pdf

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G. Definitions:

1. Operational Employees: Employees assigned to the 1811, 082, 1802 job series, or who serve as a United States Marshal.

2. Less-than-Lethal Device: An authorized device that is intended to be used to effectively control a subject, but is not expected to cause serious injury or death.

3. Subject: A person who comes into contact with operational employees while in performance of their duties (i.e., prisoners, fugitives, protestors, suspects, defendants, plaintiffs, and the general public).

4. Less-than-Lethal Instructor: A USMS operational employee trained and certified by TD as an instructor in one or more USMS-approved less-than-lethal devices.

5. OC: An inflammatory agent that occurs naturally in various plants. When transferred to a canister by a manufacturing process and used as a less-than-lethal device, it may cause respiratory inflammation consisting of coughing, shortness of breath, and a gagging sensation, severe twitching to involuntary closing of the eyes, and a slight to acute burning sensation and redness of the skin.

6. OC Instructor: An operational employee certified to instruct operational employees in the use of OC spray as authorized by TD.

7. Expandable Baton: Three stage steel baton with hardened shafts that extend and lock by friction or a cam system. They possess a reinforced textured hard rubber or metal tip with a firm foam or rubber grip handle. The baton is designed to disrupt a subject’s noncompliance by means of striking or penetrating large muscle groups, pressure points, or close quarters contact areas sufficient to cause pain, immobilization, distraction, or displacement of balance.

8. Expandable Baton Instructor: An operational employee certified to instruct operational employees in the use of the expandable baton as authorized by TD.

9. ERD: Equipment that emits an electrical charge in order to subdue a violent subject.

The package is attached to the subject and is activated by remote control device, which for 8 seconds delivers 50,000 volts, which may disorient, temporarily immobilize, and stun a subject without causing permanent injury.

10. ERD Instructor: An operational employee certified to instruct operational employees in the use of electronic restraint devices as authorized by TD.

11. PSG: A weapon designed to disrupt a subject’s sensory and motor nervous system by means of deploying battery powered electrical energy through projectiles sufficient to cause uncontrolled muscle contractions and override a subject’s voluntary motor responses creating temporary neuromuscular incapacitation.

12. PSG Instructor: An operational employee certified to instruct operational employees in the use of PSGs as authorized by TD.

13. Annual Retraining: Mandatory annual training as outlined by the AD, TD. The training is conducted by a certified Less-than-Lethal Instructor or a USMS Instructor certified to instruct in specific devices of OC spray, PSGs, expandable batons, or ERDs.

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H. References: None

I. Cancellation: This policy directive supersedes Policy Directive 2.1, Less-than-Lethal Devices.

J. Authorization and Date of Approval:

By Order of: Effective Date:

/s/ ___ 3/17/2016 David L. Harlow Deputy Director U.S. Marshals Service http://156.9.232.31/policy/topics/general-ops/2-1lesslethal.htm