Section J 4I USMS Policy Directive 14.18 Expandable Baton.pdf

USMS Policy Directive 14.18, Expandable Baton Page 1 of 4 Effective Date: 3/17/2016

TRAINING

14.18 EXPANDABLE BATON

A. Proponent: Training Division (TD).

B. Purpose: This directive sets forth United States Marshals Service (USMS) policies and procedures concerning the use of expandable batons.

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

D. Policy: The expandable baton may be used by authorized and trained operational 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 and aerosols;

2) Expandable baton; or https://www.law.cornell.edu/uscode/text/28/561 https://www.law.cornell.edu/cfr/text/28/0.111 http://intranet.usms.doj.gov/sites/Policies/Library/14.15%20Use%20of%20Force.pdf

USMS Policy Directive 14.18, Expandable Baton Page 2 of 4

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. 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 Instructor Certification.

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

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

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/or 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 all less-than-lethal devices are inspected during training and recertification.

f. 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.

http://intranet.usms.doj.gov/sites/Policies/Library/14.15%20Use%20of%20Force.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 http://intranet.usms.doj.gov/sites/forms/Forms/usm333L.pdf

USMS Policy Directive 14.18, Expandable Baton Page 3 of 4

F. Procedures:

1. Authorized Devices:

a. Only the expandable baton models and attachments in USMS inventory are authorized for use, provided they have been approved in writing by the AD, TD, or issued by the TD. Refer to Authorized Less-than-Lethal Devices.

b. Substitutions of expandable batons and attachments are not permitted without the written approval of district management and the AD, TD.

2. Carriage of Expandable Baton: Certified operational personnel are encouraged to carry the expandable baton while on duty.

3. Deployment Protocols:

a. The expandable baton will be carried and deployed in a manner consistent with current training procedures as established by TD.

b. The expandable baton will be deployed using only the strikes necessary to control and secure a resistant subject.

c. Operational personnel using the expandable baton will take reasonable measures to avoid strikes to the following areas unless deadly force is necessary:

1) Head and face;

2) Neck;

3) Spinal column;

4) Solar plexus;

5) Kidneys;

6) Groin; and

7) Joints.

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 for one or more USMS-approved less-than-lethal devices.

http://intranet.usms.doj.gov/sites/HQs/TD/Pages/default.aspx

USMS Policy Directive 14.18, Expandable Baton Page 4 of 4

5. Expandable Baton: A 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 to gain compliance.

6. Annual Retraining: Mandatory annual training as outlined by the AD, TD. The training is conducted by a TD certified Less-than-Lethal Instructor or a USMS Instructor certified by TD to provide instruction for expandable baton use.

H. References: Refer to Policy Directive 14.16, Less-than-Lethal Devices, for:

1. Training;

2. Use of Force Statement;

3. Requirements after use of less-than-lethal devices; and

4. Technical malfunctions.

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

J. Authorization and Date of Approval:

By Order of: Effective Date:

_______/s/____________ _____3/17/2016______ David L. Harlow Deputy Director U.S. Marshals Service