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HomeMy WebLinkAboutE-6 Staff Report - 2023 AB 481 Military Equipment CONSENT ITEM E-6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROCKY WENRICK, CHIEF OF POLICE DATE: JUNE 19, 2023 SUBJECT: ANNUAL UPDATE TO COUNCIL ON MILITARY EQUIPMENT PURSUANT TO CALIFORNIA AB 481 BACKGROUND: Assembly Bill 481 (“AB 481”), codified at Government Code sections 7070 through 7075, requires the Azusa Police Department (“Department”) to obtain annual approval from City Council of its military equipment use policy (“Policy”) in order to continue the use of previously acquired military equipment. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety. Provided as an attachment to this staff report is the updated inventory list of military equipment that the department maintains, in accordance with Government Code section 7072. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Approve an “Annual Military Equipment Use” Inventory Report; and 2) Approve the AB 481 Military Equipment Use Policy. Approved City Council June 19, 2023 AB 481 June 19, 2023 Page 2 ANALYSIS: The City of Azusa has adopted a Military Equipment Use Policy, in accordance with AB 481. A copy of the Policy is included as an attachment to this staff report. In order for the Department to continue using the equipment authorized under the Policy, the Department must submit an Annual Report to City Council, that includes the following: 1) A summary of how the military equipment was used and purpose of its use, 2) A summary of any complaints or concerns received concerning the military equipment, 3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response, 4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year submission of the annual military equipment report, 5) The quantity possessed for each type of military equipment, and 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter. The adopted Policy provides safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to the City Council the use of this equipment, and seek approval prior to acquiring any additional military equipment. The Azusa Police Department webpage will be utilized for distribution of any updates to the above materials as well as for this Annual Report. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. See attached Military Equipment Report for additional details. Prepared by: Reviewed and Approved by: Robert Chivas Rocky Wenrick Lieutenant Chief of Police Reviewed and Approved by: Sergio Gonzalez City Manager Attachments: 1. Military Equipment Use Policy 2. 2023 Equipment Inventory Update Policy 705 Azusa Police Department Azusa PD Policy Manual Copyright Lexipol, LLC 2023/05/01, All Rights Reserved. Published with permission by Azusa Police Department ***DRAFT***Military Equipment - 1 Military Equipment 705.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 705.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Department. Military equipment – Includes but is not limited to the following: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. •Tracked armored vehicles that provide ballistic protection to their occupants. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. •Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. •Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. •Any firearm or firearm accessory that is designed to launch explosive projectiles. •Noise-flash diversionary devices and explosive breaching tools. •Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. •TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). •Kinetic energy weapons and munitions. •Any other equipment as determined by a governing body or a state agency to require additional oversight. Attachment 1 Azusa Police Department Azusa PD Policy Manual Military Equipment Copyright Lexipol, LLC 2023/05/01, All Rights Reserved. Published with permission by Azusa Police Department ***DRAFT***Military Equipment - 2 705.2 POLICY It is the policy of the Azusa Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a)Acting as liaison to the governing body for matters related to the requirements of this policy. (b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Azusa Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1.Publicizing the details of the meeting. 2.Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. (f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g)Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 705.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: [Insert attachment here] 705.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): Azusa Police Department Azusa PD Policy Manual Military Equipment Copyright Lexipol, LLC 2023/05/01, All Rights Reserved. Published with permission by Azusa Police Department ***DRAFT***Military Equipment - 3 (a)Requesting military equipment made available pursuant to 10 USC § 2576a. (b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g)Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 705.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. MILITARY EQUIPMENT TYPES AND USAGE GUIDELINES The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used. It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Department. A. Unmanned remotely piloted, powered aerial or ground vehicles Small Unmanned Aircraft Systems (sUAS): An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means. Capability: sUAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes. Usage sUAS are to be used by trained pilots during high-risk operations, tactical operations, disaster response, and video and photographic documentation. These pilots receive regular training and flight hours and when applicable adhere to FAA regulations. The Department currently possesses the following types of sUAS: DJI Phantom 4 Pro Equipment: Unmanned air systems. Quantity, Description, and Capabilities: The Azusa Police Department has three DJI Phantom 4 Pro unmanned aircraft which are remote controlled quadcopters commercially available to both civilians and government agencies. The Attachment 2 aircrafts have 4k cameras which take still and video photography, and have a flight time of roughly thirty minutes. The aircrafts have autonomous flight modes as well as manual controls. Purpose: The aircraft are used to supplement traditional helicopter service where the length of an operation makes the flight of a traditional helicopter too costly. In addition, the aircraft can be available within minutes, while traditional helicopter service has out of service hours where they are not available to assist with patrol and SWAT operations. Authorized Use: Unmanned aircraft are used in public spaces and follow department policies which are geared toward maintaining the integrity of citizen privacy. Search warrants must be obtained in order to be used in non-public spaces. Expected Lifespan: The expected lifespan is 5-10 years. Fiscal Impact: All three drones were purchased using an unknown funding type (records were locked in a cyber- attack) of approximately $4500. The annual maintenance cost is estimated between $0 and $1000, depending on the condition of the batteries. Training: All unmanned air system pilots are required to pass the FAA Part 107 competency test. Additionally, they receive quarterly training for the duration of their time as a pilot. Legal and Policy Rules: The use of unmanned air system is governed under Azusa Police Department Policy 606, which stipulates that the aircraft are to be used in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. DJI Matrice 210 Equipment: Unmanned air system. Quantity, Description, and Capabilities: The Azusa Police Department has one DJI Matrice 210 unmanned aircraft which is a remote controlled quadcopter commercially available to both civilians and government agencies. The aircraft has a 4k camera which takes still and video photography, as well as a forward looking inferred camera. The aircraft has a flight time of roughly thirty eight minutes (no payload). The aircraft has autonomous flight modes as well as manual controls. Purpose: The aircraft are used to supplement traditional helicopter service where the length of an operation makes the flight of a traditional helicopter too costly. In addition, the aircraft can be available within minutes, while traditional helicopter service has out of service hours where they are not available to assist with patrol and SWAT operations. Authorized Use: Unmanned aircraft are used in public spaces and follow department policies which are geared toward maintaining the integrity of citizen privacy. Search warrants must be obtained in order to be used in non-public spaces. Expected Lifespan: The expected lifespan is 5-10 years. Fiscal Impact: This drone was purchased using state funding of $22,112. The annual maintenance cost is estimated between $0 and $2000, depending on the condition of the batteries. Training: All unmanned air system pilots are required to pass the FAA Part 107 competency test. Additionally, they receive quarterly training for the duration of their time as a pilot. Legal and Policy Rules: The use of unmanned air system is governed under Azusa Police Department Policy 606, which stipulates that the aircraft are to be used in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. B. Specialized Firearms and Ammunition Quantity, Description, and Capabilities The AZPD has 31 Colt and 26 Daniel Defense, AR-15 carbine rifles, capable of accurately stopping an armed subject at various distances. These shoulder-fired rifles are designed for semi- automatic fire chambered in 5.56 NATO/Remington .223. They are outfitted with lighting devices to boost safety and electronic sighting devices to enhance the ease of use and the accuracy of fire. The AZPD also has 14 Colt short-barreled carbine rifles that are nearly identical to the above noted rifles, except for their shorter barrels. These shoulder-fired rifles are designed for semi and fully automatic fire chambered in 5.56 NATO/Remington .223. These were purchased for the SWAT team members who needed more maneuverability while conducting SWAT operations. The AZPD has approximately 25K rounds of.556 rifle ammunition. We currently have Hornady TAP PRECISION, 62 and 75 grain ammunition. This ammunition features a lead core jacketed bullet that incorporates a non-corrosive primer with a brass casing. The Hornady 62 grain ammunition offers muzzle velocity of 2817 feet per second and muzzle energy of 1092-foot lbs. The Hornady 75 grain ammunition offers muzzle velocity of 2643 feet per second and muzzle energy of 1163-foot lbs. We also have Winchester Full Metal Jacket, 55 grain, this ammunition is commonly used for training and features a soft lead core which is jacketed with a brass coating. The Winchester ammunition offers muzzle velocity of 3270 feet per second and muzzle energy of 1306-foot lbs. The AZPD has one Daniel Defense AR-10 semi-automatic rifle. This firearm is chambered in .308 Winchester. This rifle is built on a similar platform as the Colt rifles but have greater stopping power. These rifles are primarily used in an over-watch capacity to protect the community and officers during large events and in tactical situations where it might be necessary to incapacitate vehicles intentionally being used as weapons. These rifles are outfitted with scoped optics designed to improve the accuracy when shots are fired. The AZPD has approximately 2.5K rounds of Hornady, .308 Winchester 168 grain, A-Max, TAP PRECISION ammunition. These cartridges are match grade bullets and meets FBI barrier penetration protocol. The bullet has a heat resistant polymer tip that improves the ballistic coefficient resulting in higher impact velocities, less drop, less wind drift, and more energy on target. The cartridge delivers excellent terminal performance. The cartridge offers a muzzle speed of 2676 feet per second and a muzzle energy of 2671-foot lbs. The AZPD has five B&T APC9 carbine style rifles that are chambered in 9mm, which is AZPD’s standard duty issued handgun caliber. These rifles are suppressed and were purchased for the SWAT team members for covert operations and who need greater maneuverability while conducting SWAT operations. Purpose These rifles are to be used as precision weapons that confront a threat with greater accuracy at longer distances than a handgun. They are also used to defeat bodyarmor worn by suspects who engage in violence and to stop ongoing threats that cannot be handled with handgun munitions. Authorized Use Patrol rifles can be deployed in any circumstance where a team member expresses a reasonable expectation that the rifle may be needed in accordance with Policy 306.3.4. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: • Situations where the member reasonably anticipates an armed encounter. • When a member is faced with a situation that may require accurate and effective fire at long range. • Situations where a member reasonably expects the need to meet or exceed a suspect’s firepower. • When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. • When a member reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor. • When needed to euthanize an animal. Carbine short barreled and 9mm rifles can be deployed in any circumstance where a member can express a reasonable expectation that the rifle may be needed and in accordance with Policy 306.3.4. These weapons are used only by members of the SWAT team. The AR-10 rifle’s authorized uses are similar to the patrol rifles, but they can be deployed by only members of the SWAT team who have successfully completed POST-approved training. Expected Lifespans Colt and Daniel Defense, AR-15 patrol rifles: No defined expiration, but until it is no longer serviceable. 14 Colt short-barreled carbine rifles: Same as above. B&T APC9 9mm carbine: Same as above. Daniel Defense DD5 AR-10: Same as above. The 31 Colt patrol rifles were originally purchased between 2014 to 2017 with general fund money (approximately $1200 per rifle). The 26 Daniel Defense patrol rifles were originally purchased between 2017 to 2021 with general fund money (approximately $1500 per rifle) The 14 Colt short-barreled carbine rifles were originally purchased in 2017 with general fund money (approximately $1100 per rifle). The 5 B&T APC9 9mm carbines were originally purchased in 2010 with general fund money (approximately $2100 per carbine). The Daniel Defense DD5 AR-10 was originally purchased in 2020 with general fund money (approximately $2,500). 5.56/.223 ammunition was originally purchased when the AZPD acquired patrol rifles over 30 years ago and general fund money was used. It costs approximately $27,000 annually to maintain 25K rounds of ammunition. 308 ammunition was originally purchased over 30 years ago at the formation of the AZPD’s SWAT team. The ammunition is purchased using general fund money. It costs approximately $3,000 annually to maintain 2K rounds of ammunition. The estimated ongoing maintenance of all the firearms listed in this category is $0–$100 per rifle based on serviceability. Training Prior to using a rifle, officers must be certified by POST instructors. Officers are then required to complete annual training and qualification conducted by a certified patrol rifle instructor. Legal and Policy Rules AZPD Policy 306 governs patrol rifle use, qualifications, and various other elements including storage. POST requires ongoing biannual training with patrol rifles. C. Armored Personnel Carriers BearCat: An armored rescue vehicle capable of providing high ballistic protection, cover, limited breaching capability, and transport of officers and/or civilians at critical incidents and high-risk tactical operations. Capability: BearCats can support first responders in any hazardous, high risk, or critical incident which would benefit from having a vehicle that provides a high level of ballistic protection. Usage: These uses could include active shooters, armed barricaded suspects, hostage situations, high-risk tactical operations, disaster response, officer/citizen rescues, and CBRNE (Chemical, Biological, Radiological, Nuclear, and Explosive) attacks and detection. Training Requirements: Officers authorized to operate the BearCat are required to successfully complete in house training on its capabilities and must complete a driving assessment during the training period. Fiscal Impact Approximately $290,000.00 when purchased in 2019 using asset seizure funding Lifespan Approximately 20 years depending on operational usage and wear. D. Command and Control Vehicles Mobile Command Vehicles: Completely self-contained command posts designed to provide the Incident Commander with a mobile base of operation. Capability: As a mobile base of operation, these vehicles contain specialized command, control, and communications equipment to assist with this mission. Usage: Mobile Command Vehicles are to be utilized as an Incident Command Post for planned or unplanned events. Vehicles are also equipped with specialized equipment to assist with numerous types of incidents. Training Requirements Officers are frequently train in the operations of Command vehicles. Fiscal Impact The trailer was provided by the California Office of Emergency Services (CalOES) during the COVID 19 pandemic Lifespan No lifespan indicated by manufacturer. Dependent on operational usage and wear. The Department currently possesses the following types of Mobile Command Vehicles: 28’ trailer manufactured by Heartland Recreational Vehicles E. Noise Flash Diversionary Devices (NFDD) Canisters that emit a loud noise and bright light. Capability / Usage: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to temporarily distract, confuse, and disorient subjects. They can also be used as “attention-getting” devices. Diversionary Devices are to be used exclusively by the SWAT team. Noise Flash Diversionary Devices can be used in high-risk tactical operations as an attention getting device. They can also be used during high-risk warrants, and hostage rescue incidents to provide an added degree of officer safety by disorienting subjects. Training Requirements: SWAT Officers regularly train on safe device deployment in a variety of operational settings. Fiscal Impact Approximately $2,500 annually depending on usage. Lifespan Five (5) year shelf life. The Department currently possesses the following types of Diversionary Devices: 16 – Combined Tactical Systems, model 7290M Mini Bang, which is a device that produces a thunderous bang with an intense bright light. 6 – Defense Technology, model 8902NR Low Roll Distraction Device, which is a non-reloadable device. 2 – Defense Technology, Multi-Port Plus Distraction Device, which is a reloadable device. 48 – Combined Tactical Systems, model 7290M Mini Bang, which is a device that produces a thunderous bang with an intense bright light. F Specialized Firearms and Ammunition Quantity, Description, and Capabilities 8 FTC Pepperball launchers that use high-pressure air to deliver kinetic projectiles (similar to a paintball delivery system) with paint marking ability. The system launches projectiles at a target (person) 60 feet away. It is a non-lethal option when law enforcement officers need to deliver a kinetic energy impact to hostile subjects in violent encounters. It is also a de-escalation tool used to avoid further injuries or more lethal options. 250 PepperBall inert impact rounds used in the launcher are .68 caliber, 3-gram projectiles. The rounds contain a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired. The launcher uses compressed air to propel the projectiles. The primary benefits are to provide a longer-distance impact and a non- lethal alternative to close contact force. The munition launcher sends a projectile that creates trauma, distraction, and pain. The projectiles have a velocity of 280–300 feet per second (FPS). In addition to the Pepperball inert rounds the Azusa Police Department also has 450 Pepperball rounds that can expose the intended target with “Pava” powder which has qualities similar to that of OC spray. The projectiles have concentration of 5% PAVA pepper powder. These projectiles are excellent for direct impact, area saturation and crowd control and are used in an effort to gain control and compliance of a combative and assaultive subject. 24 Remington 870 less lethal shotguns are used to deploy a 12-gauge beanbag round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect by reducing the immediacy of the threat, which is a main principle of de-escalation. These weapon systems are distinguishable by their orange stock and fore grip. The weapon serves as a less lethal distance impact weapon to cause pain, distraction, and trauma for violent offenders. 250, 12-gauge ballistic fiber bags filled with 40 grams of number 9 lead shot, commonly referred to as a beanbag round. This projectile travels at a velocity of 270–290 (FPS). 7 Penn-Arms and 4 Defense Technology 40mm single-shot launchers. The launcher fires standard 40mm less lethal impact ammunition, up to 4.8 inches in cartridge length. The 40mm single launcher is not a firearm, but a less lethal launching system that uses smokeless powder to deliver 40mm projectiles from a safe distance. The launcher can send 40mm munitions at a target up to 40 yards away. The less lethal launcher is a single launcher, which allows officers to assess after every spent munition. 50, 40mm munitions, a direct-impact, spin-stabilized sponge munition used as a less lethal weapon designed to de-escalate a potentially violent encounter. Current Gas & Munitions (Manufactured 2020, Expires 2025) Compounds, devices, and delivery systems utilized by SWAT, Mobile Field Force, and patrol officers. Compounds can include irritants such as Chlorobenzalmalononitrile (CS) or an inflammatory agent such as Oleoresin Capsicum (OC) or Pava (synthetic OC). Chemical agents can be liquid, powder, or gaseous. Delivery systems can be pyrotechnic, blast dispersion, OC Fogger, or aerosol. 25 – 40 MM Wood Baton CTS 25 – 40 MM Sting Ball CTS 25 – White Smoke Pocket Tactical CTS 10 – Red Smoke Pocket Tactical CTS 7 – HC Smoke CTS 35 – 40 MM CS React Round ALS 38 – 40 MM CS Powder Projectile CTS 14 – 6230 CTS CS Hot Riot Smoke 13 – OC-CS Aerosol Grenade (OC VAPOR) CTS 18 – CS Pocket Tactical ALS 20 – 40 MM CS Muzzle Blast ALS 18 – 40 MM Liquid CS CTS 4330 2 – Launchable Flameless Inert Expulsion Canister CTS 5400 1 – Baffled White Smoke CTS 5210 1 – Jet Lite White Smoke CTS 5210JL 18 – Baffled CS / CTS 5230B Launchable Expired Gas & Munitions 20 – Stingball Grenades 8 – Flameless Tri-Chamber CS DEFTECH 9 – Pocket Tactical CS DEFTECH 11 – HC Smoke DEFTECH 3 – 40 MM Stinger Rubber Ball DEFTECH 15 – 40 MM CS Liquid Ferret DEFTECH 9 – CS Hand Balls DEFTECH 29 – Spede Heat CS DEFTECH 7 – Triple Chaser CS DEFTECH 3 – 40 MM Direct Impact Sponge Rounds DEFTECH 3 – 40 MM CS Muzzle Blast DEFTECH 41 – 40 MM Smokeless Stinger DEFTECH 5 – 40 MM Skat Shell CS DEFTECH 45 – 40 MM Rubber Baton DEFTECH 17 – MK9 OC Spray DEFTECH 4 – MK 46 OC Spray (Fire Extinguisher size) 30 – 12 Gauge CS Liquid Ferret DEFTECH 5 – 40 MM Exact Impact Sponge Round DEFTECH 20 – 40 MM CS Liquid Ferret DEFTECH 14 – 40 MM OC Powder Ferret DEFTECH Purpose Kinetic projectiles limit the escalation of conflicts where lethal force is prohibited, unreasonable, and undesirable. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used to deescalate a potentially deadly situation. Depending on the delivery method, chemical agents are capable of being introduced in close proximity or from a distance. Depending on the type of delivery system and/or quantity, chemical agents can be used to saturate individual suspects, violent crowds, or areas of varied size. Chemical agents are to be used by the SWAT Team, Mobile Field Force, and/or patrol officers. Generally, during high-risk tactical incidents chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police, and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at citizens and/or officers. They can also be used in limited instances during civil unrest to disperse violent crowds. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: • The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. • The suspect has made credible threats to harm themselves or others. • The suspect is engaged in riotous behavior or is throwing rocks, bottles, or other dangerous projectiles at people and/or officers. • There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. • As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public • Suspect has committed a violent felony and has barricaded themselves refusing to comply Expected Lifespans PepperBall FTC Launcher until no longer serviceable PepperBall munitions, 5 years Remington 870 until no longer serviceable Ballistic Fiber Bag Munitions (beanbags), 5 years 40mm Penn Arms and Defense Technology single-shot launcher until no longer serviceable 40mm sponge munitions, 5 years Gas munitions, 5 years Training Sworn members must be trained in less lethal kinetic munitions by POST certified instructors. Proficiency training will be monitored and documented biannually by a certified, control-device weapons or tactics instructor. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, then that officer will be restricted from carrying a controlled device. Officers receive regular training on the deployment and use of chemical agents. Officers are required to pass annual qualifications with the use of chemical agents and chemical agent delivery systems in order to maintain proficiency. Fiscal Impacts PepperBall FTC launchers were purchased from 2021 with general fund money (approximately $700 per launcher). Estimated annual cost is $0–$100 to maintain and service the launchers. 1,500 PepperBall munitions were last purchased in 2019 to replenish the expired stock. It will cost an estimated annual average cost of $550 to maintain the inventory. Remington 870 beanbag launchers were purchased over 5 years ago with general fund money (approximately $950 per launcher). Estimated annual cost is between $0 and $100 for maintenance based on serviceability. Beanbag munitions were initially purchased over 20 years ago for an unknown amount using unknown funds. It is estimated to cost $250 annually based on lifespan and quantities of munitions. 40mm Penn Arms launchers were purchased in 2019 with general fund money ($1500. per launcher). Estimated annual cost is $0 to $100 to maintain and service the launchers. 40mm sponge munitions were initially purchased 20 years ago for an unknown amount using unknown funds. It is estimated to cost $250 annually based on lifespan and quantities of munitions. In 2019 gas munitions were last purchased for $8,481.21, to replenish expired munitions using general funds. Depending on usage, this is the estimated cost to replenish munitions based on lifespan every 5 years Legal and Policy Rules Rules are established under Policy 300, 303, 306, 312.5.1, and the SWAT Manual. It is the policy of the AZPD to utilize the kinetic energy rounds for official law enforcement purposes and according to state and federal laws, such as Penal Code 13652.