Chicago Police DepartmentDepartment Notice D18-02
Bureau of Patrol Bean Bag Shotgun Pilot Program
Issue Date:25 May 2018Effective Date:25 May 2018
Rescinds:
Index Category:Department Notice
I.Purpose
This directive:
  • A.provides specific procedures and protocols relative to the bean bag shotgun pilot program for district law enforcement.
  • B.satisfies CALEA Law Enforcement Standard Chapter 4.
II.Scope
  • A.The Bureau of Patrol Bean Bag Shotgun Pilot Program will be effective from first watch on 26 May 2018 through third watch on 18 August 2018 in the 3rd and 19th Districts.
  • B.The Research and Development Division will be responsible for the evaluation of the Bureau of Patrol Bean Bag Shotgun Pilot Program and will provide an evaluation report to the Chair of the Arsenal Committee.
III.Policy
  • A.Sanctity of Human Life. All incidents will be resolved with the foremost regard for the preservation of human life and the safety of all persons involved. A member's decision to use force will be made in accordance with G03-02, "Use of Force."
  • B.De-Escalation. Department members will use de-escalation techniques to prevent or reduce the need for force when it is safe and feasible to do so based on the totality of the circumstances. This includes continually assessing the situation and modifying the use of force as circumstances change and in ways that are consistent with officer safety.
  • C.When Use is Authorized. Department members' use of a bean bag shotgun must be objectively reasonable, necessary under the circumstances, and proportional to the threat, actions, and level of resistance offered by the subject. Consistent with G03-02-01, "Force Options," Department members are authorized to use a bean bag shotgun for an assailant, and only for the purpose of gaining control of and restraining the subject. Nothing in this policy requires members to take actions, or fail to take actions, that unreasonably endanger themselves or others.
  • D.Prohibitions. Although bean bag shotguns are considered less-lethal weapons, they can cause serious injury or death. For the safety of everyone involved, the following additional restrictions apply:
    • 1.Unreasonable Number of Discharges. Bean bag shotguns will not be used for an unreasonable number of discharges against a subject before resorting to another appropriate force option.
    • 2.Multiple Bean Bag Shotguns on One Subject. Members will not discharge multiple bean bag shotguns contemporaneously at the same subject, unless a member already attempted to use a bean bag shotgun against a subject but the bean bag round did not make contact with the subject.
    • 3.Persons Vulnerable to Injury from Bean Bag Shotguns. Bean bag shotguns will not be used on a subject who is at a greater risk of serious injury or death from bean bag shotgun use, unless deadly force is authorized. People who are at a greater risk of serious injury or death from bean bag shotgun use include, but are not limited to, children, pregnant women, and the elderly.
    • 4.Crowd Discharge. Members will not discharge a bean bag shotgun at an assailant taking part in a group or crowd unless authorized by the Superintendent or his or her designee.
    • 5.Warning Shots. Members will not discharge a bean bag shotgun as a warning shot.
    • 6.Other Ammunition. Members will not load or discharge any ammunition other than a less-lethal bean bag shotgun round that is authorized and issued by the Department.
    • 7.One-Officer Unit. Members will not deploy the bean bag shotgun while assigned to a one-officer (10-99) unit.
  • E.Deployment Considerations. Department members will balance the risks and benefits of a bean bag shotgun deployment based on several factors, including, but not limited to: threat to the officer, threat to the subject and the public as well as the availability of other force options, and the likely outcome of their use. Department members will only use force that is objectively reasonable, necessary, and proportional. When practicable, Department members should avoid discharging a bean bag shotgun:
    • 1.at a subject that is 0-10 feet away unless deadly force is authorized;
    • 2.at a subject that is between 10-20 feet away, unless the subject is closing the distance;
    • 3.for the destruction of an animal;
    • 4.through objects such as glass or a chain-link fence due to the likelihood of rupturing the bean bag and having the contents injure others;
    • 5.at a subject who is on an elevated position or platform; or
    • 6.at a motor vehicle or occupants of a motor vehicle.
  • F.Justify Separate Uses of Force. An initial discharge of a bean bag shotgun and each subsequent discharge must be individually justified and documented on the Tactical Response Report (TRR) as a separate use of force.
IV.General Information
  • A.The bean bag shotgun is a less-lethal force option which utilizes a less-lethal bean bag round as an impact munition. Bean bag shotgun operators will use tactics to identify, contain, isolate, and negotiate with a potentially violent subject.
  • B.Department members will use the bean bag shotgun while implementing the principles of Force Mitigation as delineated in the Department directive entitled "Force Options."
  • C.Bean bag shotguns will be carried, handled, and deployed only by members who have completed Department-conducted training on their safe handling and deployment during field operations. Furthermore:
    • 1.Department members who wish to deploy the bean bag shotgun must attend and successfully complete a two-day bean bag shotgun and tactics course, including bean bag shotgun qualification.
      NOTE:
      Qualifications will be monitored by a certified bean bag impact munitions instructor and documented in the training records in the CLEAR APPLICATIONS system.
    • 2.watch operations lieutenants will have the final authority to determine which members of their watch will be permitted to attend the bean bag shotgun and tactics course.
    • 3.bean bag shotgun requalification will be completed biannually.
    • 4.probationary police officers are not eligible to attend the bean bag shotgun and tactics course.
    • 5.supervisors will be given familiarity training for bean bag shotgun operation. However, supervisors are not required to attend the two-day bean bag shotgun and tactics course to supervise and enforce compliance with this directive.
      NOTE:
      Only supervisors who have received familiarity training for bean bag shotgun operation or attended the bean bag shotgun and tactics course will be able to handle the bean bag shotgun and related ammunition.
  • D.For this pilot program, the bean bag shotgun may take priority for deployment over a carbine if there is only one weapon rack in the vehicle.
  • E.The bean bag impact munition will be discharged by a Department-owned Remington 870 shotgun and utilize the Department provided 12-gauge less-lethal bean bag round.
    • 1.Department-owned Remington 870 shotguns will:
      • a. be designated as a less-lethal weapon with an orange stock and forend.
        NOTE:
        Remington 870 shotguns equipped with an orange stock and forend are ONLY for use with the less-lethal bean bag round.
      • b.be used for the purpose of discharging the less-lethal bean bag round.
    • 2.The Department provided 12-gauge less-lethal bean bag round is:
      • a.a direct fire munition shot from a 12-gauge shotgun;
      • b.comprised of a translucent 12-gauge shell loaded with a tear-shaped bag made from a cotton and ballistic material blend, filled with #9 shot and utilizes stabilizing tails;
      • c.discharged utilizing smokeless powder as the propellant; and
      • d.used as a dynamic, high-energy, single-threat round for incapacitation or distraction of an assailant.
  • F.When a designated bean bag shotgun is used with a less-lethal bean bag round(s), the discharge will not be considered a firearms discharge incident.
  • G.Department members assigned to SWAT will follow the provisions for the use of bean bag shotguns in accordance with SWAT Standard Operating Procedures and training.
V.Procedures
  • A.District commanders will:
    • 1.designate a location in the police facility for:
      • a.the secure storage of the bean bag shotgun and designated ammunition,
      • b.the physical and visual inspection of the bean bag shotgun and the less-lethal bean bag shotgun round upon issuance, and
      • c.the loading and unloading of bean bag shotgun's side saddle.
    • 2.establish schedules that will ensure bean bag shotguns are cleaned and oiled by a bean bag shotgun-qualified member at least once each police period or whenever discharged. A supply of cleaning equipment will be provided and maintained at each district.
  • B.Watch operations lieutenants

    The watch operations lieutenant (WOL) will be responsible for the issuance and safe storage of less-lethal bean bag shotguns. At the beginning of each tour of duty, the WOL will:
    • 1.issue available bean bag shotguns to Department members who are trained and qualified in their operation.
      NOTE:
      Department members assigned to field duties that have been trained in the use of the bean bag shotguns will request the issuance of a bean bag shotgun and will be required to carry the bean bag shotgun. If there is an insufficient supply of bean bag shotguns or as district operational needs determine, the bean bag shotgun will be issued at the watch operations lieutenant's discretion.
    • 2.account for all bean bag shotguns assigned to the unit and ensure that the bean bag shotguns are safely stored, unloaded, and locked in the designated racks.
    • 3.ensure a Personal Equipment Log (CPD-21.919) is prepared to record the issuance and receipt of the less-lethal bean bag shotgun and its component parts. This log will:
      • a.be prepared by each watch.
      • b.contain the serial number of each less-lethal bean bag shotgun distributed in the "Miscellaneous" column.
      • c.be forwarded to the unit secretary for retention in accordance with records-retention requirements.
        NOTE:
        The retention period for the Personal Equipment Log is four police periods.
    • 4.issue a Department bean bag shotgun (with its action open) and six less-lethal 12-gauge bean bag rounds to members who have completed Department training.
    • 5.ensure that operators requesting the issuance of a bean bag shotgun sign the Personal Equipment Log to indicate the receipt of the equipment.
    • 6.initiate an investigation into the cause of a malfunction or damage of a bean bag shotgun and take appropriate action.
  • C.District station supervisors will:
    • 1.ensure the daily assignment roster is sent to the Office of Emergency Management and Communications (OEMC) and entered into the PCAD reflects members with a less-lethal bean bag shotgun by placing the symbol "$" next to the member's name.
    • 2.ensure that any bean bag shotgun that malfunctions is hand-carried on the 2nd watch to the Firearms Training Unit located at the Education and Training Division, and exchanged for a replacement shotgun or remains at the Firearm Training Unit for repair.
    • 3.ensure any damaged bean bag shotgun rounds are hand-carried on the 2nd watch to the Firearms Training Unit, Education and Training Division, for replacement.
  • D.When issued the bean bag shotgun, operators will:
    • 1.be responsible for its security and proper care;
    • 2.physically and visually inspect:
      • a.the bean bag shotgun to ensure there is no damage, and
      • b.each less-lethal bean bag shotgun round to ensure there is no damage and verify they have received a Department issued 12-gauge less-lethal bean bag round;
    • 3.have a second bean bag shotgun trained member or a supervisor inspect each bean bag shotgun round before being placed in the bean bag shotgun's side saddle to ensure the round is the approved 12-gauge less-lethal bean bag round;
      NOTE:
      Bureau of Patrol members will inspect each round and prepare the less-lethal bean bag shotgun side saddle in the district station.
    • 4.secure the Department bean bag shotgun in the designated vehicle gunlock; and
    • 5.inform the watch operations lieutenant and the district station supervisor whenever a bean bag shotgun is fired, damaged, or malfunctions.
  • E.Upon return of the less-lethal bean bag shotgun and its component parts:
    • 1.bean bag shotgun operators will have a second bean bag shotgun trained member or a supervisor inspect each bean bag shotgun round being removed from the bean bag shotgun's side saddle to ensure the round is the approved 12-gauge less-lethal bean bag round and there is no damage; and
    • 2.the watch operations lieutenant at the end of each tour will ensure that operators returning the bean bag shotgun sign the Personal Equipment Log to indicate the return of the equipment and record the time of the return on that same log.
  • F.Before loading the bean bag shotgun on the scene of an incident, a bean bag shotgun operator, circumstances permitting, will obtain assistance from another sworn member who will inspect each bean bag shotgun round removed by the bean bag shotgun operator from the bean bag shotgun's side saddle to ensure the round is the approved 12-gauge less-lethal bean bag round and free from damage.
  • G.When a bean bag shotgun round is chambered, the safety will remain in the "on" position and the finger off the trigger until the operator has made the decision to fire.
    NOTE:
    A less-lethal bean bag shotgun will not be loaded and a bean bag shotgun round will not be chambered when the operator is transporting a shotgun inside of a vehicle. A less-lethal bean bag shotgun round will be loaded when the operator deploys the shotgun for use.
  • H.Upon termination of the event in which the bean bag shotgun was armed, the operator will:
    • 1.when clearing the weapon, relocate to a safe and discrete location minimizing the likelihood of personal injury or property damage in the event of an unintentional discharge.
    • 2.inspect the cleared bean bag shotgun round(s) and remove it from service if damaged or defects are observed.
  • I.Bean bag shotguns that malfunction or are damaged during use will be immediately taken out of service and brought to the attention of the watch operations lieutenant, the district station supervisor, and the Firearms Training Unit, Education and Training Division.
  • J.A request for a member equipped with a less-lethal bean bag shotgun will be made via the requesting member's radio zone or citywide frequency. If available, members who carry the bean bag shotgun may respond to requests for the bean bag shotgun outside a designated pilot program district with approval from the watch operations lieutenant of the pilot program district.
VI.Conditions on the Field Deployment of a Bean Bag Shotgun
  • A.Authorized Manner of Use. A member who is discharging a bean bag shotgun will, when safe and feasible to do so:
    • 1.give verbal commands and warnings prior to, during, and after the discharge of the bean bag shotgun.
    • 2.inform other Department members on scene of the anticipated discharge of the bean bag shotgun and instruct other members that it is a less-lethal bean bag shotgun round that is being discharged.
    • 3.take considerations for selecting target impact areas, such as the level of threat, target distance, and the subject's size and clothing.
    • 4.discharge a bean bag shotgun round and reassess the situation before any additional rounds are discharged. Furthermore, if the subject:
      • a.is incapacitated, members on scene will, circumstances permitting, immediately attempt to restrain the subject while he or she is incapacitated. Bean bag shotgun operators will avoid physical contact with the subject while in possession of the bean bag shotgun, if possible.
      • b.has not been incapacitated after a reasonable amount of discharged bean bag shotgun rounds, switch to other force options unless the member can reasonably justify that continued bean bag shotgun use was necessary to ensure the safety of the member or another person.
  • B.Assisting Department Members. When circumstances permit, a member who anticipates using a bean bag shotgun will consider having another Department member on scene and immediately available with:
    • 1.a Taser device if the subject advances within 20 feet of the operator.
    • 2.a deadly force option, if appropriate.
  • C.Request Supervisor. As soon as practicable, a member who has used or anticipates using a bean bag shotgun will request that a supervisor respond to the scene.
  • D.Target Impact Areas
    • 1.Shots to the "center mass" provide for the highest probability of causing immediate incapacitation, but also may have the potential to cause serious injury or death.
      WARNING:
      Bean bag shotgun operators will not intentionally strike areas such as the chest, head, neck, spine, and groin, unless deadly force is authorized.
    • 2.Target Impact Area Zone One. This zone consists of large muscle groups least likely to cause injury. The following areas should be targeted when viable:
      • a.buttocks;
      • b.thighs; and
      • c.calves.
      REMINDER:
      The groin area will not be intentionally targeted.
    • 3.Target Impact Area Zone Two. This zone consists of medium muscle groups with a higher potential of causing injury. Target Impact Area Zone Two:
      • a.should be a secondary consideration;
      • b.should only be used when Target Impact Zone Area One is not viable and the threat level is appropriate; and
      • c.will consist of a target of the abdomen.
      CAUTION:
      Arms and shoulders may be considered if the abdomen can not be targeted. Careful consideration should be given before aiming for the shoulders or arms. Due to the mobility of the shoulders and arms there is greater potential to miss and unintentionally strike another zone.
    • 4.Target Impact Area Zone Three. This zone carries the greatest potential for serious or fatal injury and should be avoided when possible. This zone may only be targeted WHEN DEADLY FORCE IS AUTHORIZED. The following areas should only be targeted when such circumstances exists:
      • a.chest (upper thoracic);
      • b.spine;
      • c.head; and
      • d.neck.
  • E.Effective Range of the 12-Gauge Less-Lethal Bean Bag Round. The less-lethal bean bag shotgun round:
    • 1.is intended to be direct fired with the optimal energy range of approximately 20-50 feet.
    • 2.has the maximum effective range of 75 feet.
    • 3.Operators will exercise caution when discharging the less-lethal bean bag round within the range of 10-20 feet. The operator will not close the distance between the assailant to less than 20 feet prior to discharge.
      CAUTION:
      Bean bag shotgun rounds discharged between 0-10 feet can cause serious injury or death. Operators should avoid discharging the less-lethal bean bag shotgun round in this range unless authorized to use deadly force consistent with the deployment considerations outlined in Item III-E of this directive.
VII.Post-Discharge Responsibilities
  • A.Discharging Member. When the subject is restrained and control is established, the discharging member will:
    • 1.immediately request the appropriate medical aid, including contacting emergency medical services (EMS) from the Chicago Fire Department any time a subject is struck by a bean bag round.
    • 2.immediately notify his or her immediate supervisor, the watch operations lieutenant assigned to the district of occurrence, the Office of Emergency Management and Communications (OEMC), and the Crime Prevention and Information Center (CPIC) of the bean bag shotgun discharge.
    • 3.complete a Tactical Response Report (TRR) (CPD-11.377) for all discharges of a bean bag shotgun consistent with the procedures outlined in the Department directive entitled "Incidents Requiring the Completion of a Tactical Response Report."
    • 4.complete the appropriate case report and other required reports and submit the reports to their immediate supervisor for review and approval.
  • B.Office of Emergency Management and Communications (OEMC). OEMC will immediately notify the:
    • 1.involved member(s) immediate supervisor.
    • 2.field supervisor and the watch operations lieutenant from the district of occurrence.
    • 3.Crime Prevention and Information Center (CPIC).
  • C.Responding Supervisor. The assigned responding supervisor will:
    • 1.respond immediately to the scene and assume command and oversight of the scene unless relieved by a higher-ranked responding supervisor.
    • 2.ensure the scene is protected and processed in accordance with the Department directive entitled "Crime Scene Protection and Processing."
    • 3.determine whether to request an evidence technician to process the scene.
      NOTE:
      An evidence technician will be required when injuries are incurred as a result of the bean bag shotgun discharge. In this situation, an evidence technician must be requested to photograph the location of injury.
    • 4.ensure that the bean bag shotgun is secured.
    • 5.request the Street Deputy to respond to all bean bag shotgun discharges that result in serious injury or death.
    • 6.if a death has occurred as a result of a bean bag shotgun discharge, ensure the Mobile Crime Lab and Bureau of Detectives personnel are requested.
    • 7.if a death or life-threatening injury has occurred as a result of the bean bag shotgun discharge, ensure the procedures outlined in the Department directive entitled "Officer-Involved Death Investigations" are followed.
    • 8.review the discharging member's TRR and complete the appropriate section of the TRR consistent with the procedures outlined in the Department directive entitled "Incidents Requiring the Completion of a Tactical Response Report."
  • D.Investigating Supervisor. The watch operations lieutenant, or assigned investigating supervisor the rank lieutenant or above, from the district of occurrence, will:
    • 1.ensure that a supervisor at least one rank higher than the discharging member responds to the scene of the bean bag shotgun discharge when such a supervisor is available.
    • 2.notify COPA (or CPIC when COPA is not available) and ensure that a log number is obtained.
    • 3.investigate the incident and document the investigation on the Tactical Response Report (TRR).
    • 4.ensure all evidence from the scene of the bean bag shotgun discharge is inventoried, including:
      • a.the discharged bean bag(s).
      • b.expended bean bag shotgun shell(s).
    • 5.for incidents which do not require the presence of the Street Deputy, review the discharging member's TRR and complete the appropriate section of the TRR consistent with the procedures outlined in the Department Directive entitled "Incidents Requiring the Completions of a Tactical Response Report."
      NOTE:
      The investigating supervisor will ensure all attachments are included in the TRR.
    • 6.ensure the expended round(s) is replaced from the district/unit supply. When needed, replacement rounds may be requested from the Education and Training Division Firearms Training Unit (FTU).
  • E.Street Deputy. In all cases in which a subject has been seriously injured or a death has occurred in conjunction with a bean bag shotgun discharge, the Street Deputy will:
    • 1.proceed to the scene, assume command of the scene, and personally conduct a complete and thorough investigation of the incident.
    • 2.ensure that all tasks delineated for subordinate personnel are performed.
    • 3.review the discharging member's TRR and complete the appropriate section of the TRR consistent with the procedures outlined in the Department directive entitled "Incidents Requiring the Completion of the a Tactical Response Report."
    • 4.if a death or life-threatening injury has occurred as a result of the bean bag shotgun discharge, ensure the procedures outlined in the Department directive entitled "Officer-Involved Death Investigations" are followed.
VIII.Reporting Procedures for a Damaged, Lost, or Stolen Less-Lethal Bean Bag Shotgun
Appropriate supervisory personnel will:
  • A.ensure Department members use the less-lethal bean bag shotgun as prescribed and take immediate corrective and/or disciplinary action if a member is observed or reported to be improperly handling, operating, or in any way damaging a Department less-lethal bean bag shotgun.
  • B.conduct an investigation when a less-lethal bean bag shotgun is:
    • 1.damaged, and:
      • a.ensure the appropriate reports are prepared,
      • b.initiate a Complaint Register (CR) investigation if the damages were caused by a member's neglect or improper conduct, and
      • c.submit a To-From-Subject report detailing the nature and cause of the damage, referencing the CR number if applicable, through the appropriate channels.
    • 2.lost or stolen, and:
      • a.ensure that the appropriate case report is prepared and, if appropriate, initiate a Complaint Register (CR) investigation. Copies of all reports will be sent through the channels to the:
        • (1)Firearms Training Unit, Education and Training Division.
        • (2)supervisor of police Inventory, Equipment and Supply Section.
      • b.ensure that an Administrative Message Center (AMC) message is sent to all districts and units.
IX.Firearms Training Unit, Education and Training Division
  • A.The commanding officer of the Firearms Training Unit, Education and Training Division, will:
    • 1.be the bean bag shotgun program manager, and
    • 2.manage all maintenance and training records.
  • B.A certified Remington 870 shotgun armorer will:
    • 1.inspect all bean bag shotguns on a annual basis.
    • 2.provide replacement bean bag shotguns, when available, for bean bag shotguns that are stolen, lost, or under repair.
X.Arsenal Committee Responsibilities
The Arsenal Committee will, upon request, provide equipment-related or technical information to command personnel or a Bureau of Patrol supervisor having questions following an actual field deployment or discharge of a less-lethal bean bag shotgun impact munition.
Eddie T. Johnson
Superintendent of Police
16-042 RCL/MWK/TPF