Chicago Police DepartmentGeneral Order G03-02-08
Department Review of Use of Force - EFFECTIVE 15 APRIL 2021
Issue Date:31 December 2020Effective Date:15 April 2021
Rescinds:
Index Category:Field Operations
I.Purpose
This directive:
  • A.continues the:
    • 1.reportable use of force review process at the district level.
    • 2.Force Review Division and delineates its responsibilities for the review of reportable uses of force incidents.
    • 3.Tactical Response Report - Review (TRR-R) form (CPD-11.377-R) for use by the Force Review Division.
    • 4.Force Review Board and delineates its responsibilities for the review of reportable uses of force incidents.
    • 5.review authority and responsibilities based upon the levels of reportable force as defined in the Department directive titled "Incidents Requiring the Completion of a Tactical Response Report."
  • B.satisfies CALEA Law Enforcement Standards Chapter 4.
II.COPA Authority
  • A.For any reportable use of force incident subject to an ongoing investigation by the Civilian Office of Police Accountability (COPA), COPA will be exclusively responsible for recommending disciplinary action relating to the incident.
  • B.Nothing within this policy or the law prevents the Department from conducting an internal review of use of force incidents to address Department policy, training, tactical, and equipment considerations.
III.District Level Review
Consistent with the Department directive titled "Incidents Requiring the Completion of a Tactical Response Report," the supervisor assigned the responsibility for the reportable use of force incident in the district of occurrence will:
  • A.continue to conduct investigations into reported use of force incidents.
  • B.review Tactical Response Reports (TRR) and complete a Tactical Response Report-Investigation (TRR-I), documenting the investigatory information, for all reported use of force incidents, regardless of any required after-action review.
IV.Force Review Division
  • A.The Force Review Division is operational under the authority of a commander and functions in an after-action-review capacity for:
    • 1.a representative sample of Level 1 reportable uses of force as defined in the Department directive titled "Incidents Requiring the Completion of a Tactical Response Report."
      Level 1 reportable use of force is the use of any force by a Department member to overcome the active resistance of a subject that does not rise to a Level 2 or Level 3 reportable use of force. Level 1 uses of force include force that is reasonably expected to cause pain or injury, but does not result in injury or complaint of injury. Level 1 reportable uses of force include the use of the following in response to active resistance of a subject:
      • a.pressure point compliance and joint manipulation techniques;
      • b.wristlocks, armbars, and other firm grips; and
      • c.any leg sweep, takedown, stunning technique, or weaponless direct mechanical action or technique (including kicks, knee strikes, elbow strikes, closed hand strikes, or punches) that do not result in an injury or complaint of injury.
    • 2.all Level 2 reportable uses of force as defined in the Department directive titled "Incidents Requiring the Completion of a Tactical Response Report."
      Level 2 reportable use of force is the use of any force by a Department member that includes use of a less-lethal weapon or that causes an injury or results in a complaint of injury, but does not rise to a Level 3 reportable use of force. Level 2 reportable uses of force include the use of:
      • a.reportable force against a subject who is handcuffed or otherwise restrained;
      • b.impact weapons strikes (baton, asp, or other impact weapon) to the body other than the head or neck;
      • c.any leg sweep, takedown, stunning technique, or weaponless direct mechanical action or technique (including kicks, knee strikes, elbow strikes, closed hand strikes, or punches) that results in an injury or complaint of injury.
      • d.OC spray or other chemical weapons;
      • e.a Taser;
      • f.impact munitions;
      • g.canines as a force option;
      • h.a Long Range Acoustic Device (LRAD) acoustic transmission to cause discomfort as a compliance technique; and
      • i.an unintentional firearm discharge or a firearm discharge solely to destroy/deter an animal that did not involve a firearm discharged at a person and did not result in injury to any person.
    • 3.any Level 1 or Level 2 reportable use of force associated with a foot pursuit.
    • 4.other incidents as determined by the Superintendent.
  • B.The Force Review Division will:
    • 1.review documentation and information collected regarding incidents consistent with Item IV-A of this directive, and
      • a.ensure Department members, including supervisors, complied with proper reporting procedures, including completely and thoroughly reporting:
        • (1)the reason for the initial stop, arrest, or other enforcement action;
        • (2)the type and amount of force used;
        • (3)the subject’s actions or other circumstances necessitating the force used; and
        • (4)all efforts to de-escalate the situation.
      • b.ensure the district-level supervisory review, investigation, and policy compliance determinations regarding the incident were thorough, complete, objective, and consistent with Department policy.
      • c.ensure any tactical, equipment, or policy concerns are identified.
      • d.evaluate whether or not each reviewed incident was tactically sound.
      • e.if applicable, recommend additional training or policy review for the involved members, reviewing supervisors, or investigating supervisors.
      EXCEPTION:
      The Force Review Division will not review use of force incidents for the purposes of making a determination about the specific conduct related to a Log Number, except for incidents where a Log Number was obtained as a matter of policy for an unintentional firearm discharge, a firearm discharge incident for the destruction/deterrence of an animal, a Taser discharge, or an OC/chemical weapon discharge.
    • 2.if applicable, identify any patterns, trends, or emerging concerns relative to the reviewed use of force incidents and recommend specific modifications to existing policy, procedures, training, tactics, or equipment that could result in minimizing the:
      • a.occurrences of use of force incidents; and
      • b.inherent risks involved in use of force incidents.
  • C.The Commander, Force Review Division, will:
    • 1.ensure the appropriate procedures are followed, consistent with the Department directive titled "Complaint and Disciplinary Procedures, when an obvious policy violation requiring discipline is observed during a use of force incident review, and a Log Number has not been obtained at the district level.
    • 2.forward any recommended actions for involved members to the member's unit commanding officer or the Training Division.
    • 3.forward any recommended Department-wide actions (e.g., training and policy recommendations) to the appropriate unit responsible for the implementation.
    • 4.review the status of the recommended actions to ensure the appropriate implementation by the appropriate units.
      NOTE:
      Recommended actions to be taken at the unit level will be implemented within fourteen days unless the affected member is on furlough or medical. Recommended actions to be taken by the Training Division will be implemented within thirty days.
    • 5.forward a report on a monthly basis to the appropriate Office or Bureau Chief listing any overdue recommended actions by personnel under their command.
    • 6.ensure all reports are maintained consistent with existing records-retention requirements.
  • D.Unit commanding officers receiving an individual or Department-wide recommendation from the Force Review Division will ensure:
    • 1.the recommendation is appropriately implemented consistent with existing procedures and the appropriate collective bargaining agreement.
      • a.The implementation of the recommendations will be documented in the appropriate supervisory reports, including entry into the Performance Recognition System (PRS).
      • b.Any documentation recording the implementation of the recommendations will be limited to the recommendations and will not include any documentation or summary of the use of force incident, investigation, or after-action review.
    • 2.the Force Review Division is notified of the status of the recommendation, including when it was implemented.
  • E.On a quarterly basis, the Commander, Force Review Division, will submit a written report through his or her chain of command to the Executive Director, Office of Constitutional Policing and Reform, of the division's findings, analysis, recommended actions, and the status of implementations.
V.Force Review Board
  • A.The Force Review Board (FRB) consists of the following members:
    • 1.Superintendent, or an authorized designee, who will serve as the chairperson;
    • 2.First Deputy Superintendent or an authorized designee the rank of deputy chief;
    • 3.Executive Director, Office of Constitutional Policing and Reform, or an authorized designee the rank of deputy chief;
    • 4.Chief, Bureau of Patrol, or an authorized designee the rank of deputy chief;
    • 5.Chief, Bureau of Internal Affairs, or an authorized designee the rank of deputy chief;
    • 6.Deputy Chief, Training and Support Group, or an authorized designee;
    • 7.General Counsel to the Superintendent, or an authorized designee; and
    • 8.Other members designated by the Superintendent at the rank of deputy chief or above.
    NOTE:
    The Commander, Force Review Division, will serve as secretary to the Force Review Board.
  • B.The Force Review Board will convene with, at minimum, the chairperson and four other board members.
  • C.The Force Review Board is responsible for reviewing:
    • 1.Level 3 reportable uses of force as defined in the Department directive titled "Incidents Requiring the Completion of a Tactical Response Report."
      Level 3 reportable use of force is when a Department member does any of the following:
      • a.uses any force that constitutes deadly force, including:
        • (1)discharging a firearm.
          EXCEPTION:
          The FRB will not be responsible for reviewing unintentional firearm discharges or a firearm discharges solely to destroy/ deter an animal that did not involve a firearm discharged at a person and did not result in injury to any person.
        • (2)using an impact weapon to intentionally strike a person’s head or neck.
        • (3)the application of a chokehold (applying direct pressure to a person’s trachea (windpipe) or airway (front of the neck) with the intention of reducing the intake of air), carotid artery restraints (techniques that compresses the blood vessels in the neck to inhibit or restrict blood flow to carotid arteries), or other maneuvers for applying direct pressure on a windpipe or airway.
      • b.uses any force that causes injury to any person resulting in admission to a hospital.
      • c.uses any force that causes the death of any person.
    • 2.all use of force incidents by an exempt member that results in the completion of a TRR.
    • 3.other incidents as determined by the Superintendent.
  • D.The Force Review Board review of incidents outlined in V-C of this directive will:
    • 1.be conducted promptly, but within 96 hours after the incident occurs.
    • 2.contain a presentation of the facts and review of the incident by the designated exempt-level incident commander responsible for the incident response, the Commander, Force Review Division, and any other appropriate Department members designated by the Superintendent.
    • 3.evaluate if the actions of Department members during the incident were tactically sound and consistent with Department training.
    • 4.if applicable, identify specific modifications to existing policy, training, tactics, or equipment that could minimize the risk of deadly force incidents occurring and the risk of harm to officers and the public.
    NOTE:
    The Force Review Board will not conduct a disciplinary review of any incident investigated by COPA.
  • E.Within 30 days after the review of an incident, the Force Review Board (FRB) will issue recommendations, if appropriate, to the Superintendent, or his or her designee, regarding any need for additional training or modifications to policies, tactics, equipment, or Department practices
  • F.Upon review and approval by the Superintendent, or his or her designee, the FRB will assign each approved recommendation to the appropriate command staff member for prompt implementation.
(Items indicated by italics/double underline were added or revised)
David O. Brown
Superintendent of Police
20-120 MWK/TSS