Chicago Police DepartmentGeneral Order G03-02-05
Oleoresin Capsicum (OC) Devices And Other Chemical Agent Use Incidents
Issue Date:16 October 2017Effective Date:16 October 2017
Rescinds:
Index Category:Field Operations
I.Purpose
This directive outlines the policy governing discharges of Personal Oleoresin Capsicum (OC) devices, special weapons that dispense Capsaicin II Powder Agent (PepperBall), or larger volumes of chemical agents.
II.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 utilize Personal OC devices or other chemical agents will be made in accordance with G03-02, "Use of Force."
  • B.De-Escalation. 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 Personal OC devices or other chemical agents must be objectively reasonable, necessary under the circumstances, and proportional to the threat, actions, and level of resistance offered by a subject. Consistent with G03-02-01, "Force Options," Department members are authorized to use Personal OC devices or other chemical agents for the following subjects:
    • 1.OC spray, special weapons that dispense Capsaicin II powder agents, and other chemical devices are authorized force options against an assailant, whose actions use or threaten the use of force against a Department member or another person.
    • 2.OC spray is an authorized force option against active resisters. If an active resister is part of a group or crowd, OC is authorized only after obtaining approval from the Superintendent or his or her designee.
    • 3.OC spray is an authorized force option against passive resisters only under the following conditions:
      • a.Occupants of a motor vehicle who are passively resisting arrest and only after obtaining authorization from an on-scene supervisor the rank of sergeant or above.
      • b.Noncompliant groups, crowds, or an individual taking part in a group or crowd and only after obtaining authorization from the Superintendent or his or her designee.
    • 4.Special weapons that dispense the Capsaicin II powder agent or larger volumes of chemical agents are authorized force options against active and passive resistors that are part of a noncompliant groups, crowds, or an individual taking part in a group or crowd only under the following conditions:
      • a.when the chemical agent is used only for area saturation, and
      • b.only after obtaining authorization from the Superintendent or his or her designee.
  • D.Prohibitions. For the safety of everyone involved, the following additional restrictions apply:
    • 1.Persons Vulnerable to Injury. Personal OC devices or other chemical agents will not be used on a subject who is at a greater risk of serious injury from their use, unless the subject is defined as an assailant and other force options are not readily available or would otherwise be ineffective. People who are potentially at greater risk of serious injury from Personal OC device or other chemical agent use include, but are not limited to, children, pregnant women, and the elderly.
    • 2.Enclosed Areas. Personal OC devices or other chemical agents will not be used in enclosed areas unless the subject is defined as an assailant and other force options are not readily available or would otherwise be ineffective.
  • E.Justify Separate Uses of Force. An initial application of a Personal OC device or other chemical agent and each subsequent application must be individually justified and documented on the Tactical Response Report (TRR) as a separate use of force.
  • F.Department members will refer to the Department directive entitled "Personal Oleoresin Capsicum (OC) Devices" for specific procedures on device protocols including training, maintenance, and accountability.
III.Conditions on the Use of Personal OC Devices or Other Chemical Agents
  • A.Authorized Manner of Use. A member who is discharging a Personal OC device or other chemical agent will, when possible, give verbal commands and warnings prior to, during, and after discharge, including informing other Department members on the scene of the discharge.
  • B.Request Supervisor. As soon as practical, a member who has used or anticipates using a Personal OC device or other chemical agent will request that a supervisor respond to the scene.
  • C.Whenever possible, the ranking member on the scene of an incident will notify the Chicago Fire Department prior to the anticipated use of a device that dispenses a chemical agent through use of special weapons deployed by the Special Weapons and Tactics team (SWAT).
IV.Post-Discharge Responsibilities
  • A.Effect Mitigation. To assist in mitigating the effects of the discharge, Department members will:
    • 1.if possible, relocate the individual(s) to an area of uncontaminated air and face the individual(s) into the wind.
    • 2.provide an opportunity for the subject(s) to eliminate the effects of the agent by flushing the affected areas with cool water. This should take place as soon as feasible, to the extent that the subject can be controlled without possible injury to himself or others.
      • a.Subjects wearing contact lenses should remove them, if possible, before flushing the eyes with water.
      • b.Under normal circumstances all symptoms of exposure to OC should disappear within thirty to forty-five minutes.
      • c.Clothing that becomes contaminated with OC can be laundered in the usual manner without fear of contaminating other laundry.
      • d.Special equipment or a special washing process is not required to decontaminate an enclosed area. The opening of doors and windows will normally result in the removal of OC from the environment within forty-five minutes.
    • 3.advise the subject to refrain from rubbing the affected area(s) or using creams, ointments, commercial eye washes, or bandages.
    • 4.if it is practical, avoid transporting an individual who is wet with OC. Transporting a subject when dry will minimize the possibility of the member or vehicle becoming contaminated.
  • B.Discharging Member. Immediately upon gaining control and restraining the subject, discharging member will:
    • 1.notify the Office of Emergency Management and Communications (OEMC).
      NOTE:
      If a member discharges a chemical agent outside the City of Chicago, the member will also notify the law enforcement agency having jurisdiction and the Chicago Police Department's Crime Prevention and Information Center (CPIC).
    • 2.request the appropriate medical aid, including contacting emergency medical services (EMS) from the Chicago Fire Department, if the subject appears to be in any physical distress or complains of injury.
    • 3.complete a Tactical Response Report (TRR) (CPD-11.377) for the discharge 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.
  • C.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.
  • D.Responding Supervisor. When notified that a member under his or her command discharged a chemical agent, the assigned field 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.review the deploying 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."
  • E.Investigating Supervisor. The watch operations lieutenant, or assigned investigating supervisor the rank of 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 discharge when such a supervisor is available.
    • 2.notify the Civilian Office of Police Accountability (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.for incidents which do not require the presence of the Street Deputy, review the deploying 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."
    • 5.receive the discharged personal OC device from the sworn member, provide a replacement device to the member, and notify the individual designated by the district commander that a replacement device has been issued. When needed, additional OC devices may be requested from the Taser Repair Center through normal requisition procedures.
      NOTE:
      A copy of the TRR will be presented to the Taser Repair Center for replacement OC devices.
  • F.District Commander. The district commander of the district of occurrence will ensure that the replacement canisters are available to the watch operations lieutenant on each watch.
Kevin B. Navarro
Acting Superintendent of Police
16-021 TSS/MWK