West Jordan Police Department Policy Manual

West Jordan Police Department

Published with permission by West Jordan Police Department

Table of Contents - 1

Table of Contents

Chapter 1 - Law Enforcement Role and Authority . . . . . . . . . . . . 5

100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . . 6

101 - Chief Executive Officer . . . . . . . . . . . . . . . . . . . 8

102 - Oath of Office . . . . . . . . . . . . . . . . . . . . . . 9

103 - Policy Manual . . . . . . . . . . . . . . . . . . . . . 10

Chapter 2 - Organization and Administration . . . . . . . . . . . . . 13

200 - Organizational Structure and Responsibility . . . . . . . . . . . . 14

201 - Departmental Directive . . . . . . . . . . . . . . . . . . . 15

202 - Emergency Management Plan . . . . . . . . . . . . . . . . 16

203 - Training . . . . . . . . . . . . . . . . . . . . . . . 17

204 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 20

205 - Administrative Communications . . . . . . . . . . . . . . . . 22

206 - Staffing Levels . . . . . . . . . . . . . . . . . . . . . 23

207 - Concealed Weapon License . . . . . . . . . . . . . . . . . 24

208 - Retiree Concealed Firearms . . . . . . . . . . . . . . . . . 25

Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 27

300 - Use of Force . . . . . . . . . . . . . . . . . . . . . . 28

301 - Use of Force Review Boards . . . . . . . . . . . . . . . . . 37

302 - Handcuffing and Restraints . . . . . . . . . . . . . . . . . 40

303 - Control Devices and Techniques . . . . . . . . . . . . . . . 45

304 - Conducted Energy Device . . . . . . . . . . . . . . . . . . 50

305 - Officer-Involved Shootings and Deaths . . . . . . . . . . . . . . 57

306 - Firearms . . . . . . . . . . . . . . . . . . . . . . . 66

307 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . . 75

308 - Officer Response to Calls . . . . . . . . . . . . . . . . . . 88

309 - Canines . . . . . . . . . . . . . . . . . . . . . . . 91

310 - Domestic Violence . . . . . . . . . . . . . . . . . . . . 100

311 - Search and Seizure . . . . . . . . . . . . . . . . . . . 107

312 - Temporary Custody of Juveniles . . . . . . . . . . . . . . . 110

313 - Adult Abuse . . . . . . . . . . . . . . . . . . . . . . 119

314 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 124

315 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 129

316 - Missing Persons . . . . . . . . . . . . . . . . . . . . 135

317 - Public Alerts . . . . . . . . . . . . . . . . . . . . . . 141

318 - Victim and Witness Assistance . . . . . . . . . . . . . . . . 145

319 - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . 148

320 - Standards of Conduct . . . . . . . . . . . . . . . . . . . 150

321 - Information Technology Use . . . . . . . . . . . . . . . . . 157

322 - Report Preparation . . . . . . . . . . . . . . . . . . . 161

323 - Media Relations . . . . . . . . . . . . . . . . . . . . 165

324 - Subpoenas and Court Appearances . . . . . . . . . . . . . . 168

325 - Outside Agency Assistance . . . . . . . . . . . . . . . . . 171

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326 - Registered Offender Information . . . . . . . . . . . . . . . 173

327 - Major Incident Notification . . . . . . . . . . . . . . . . . 176

328 - Death Investigation . . . . . . . . . . . . . . . . . . . 178

329 - Identity Fraud . . . . . . . . . . . . . . . . . . . . . 181

330 - Private Persons Arrests . . . . . . . . . . . . . . . . . . 183

331 - Limited English Proficiency Services . . . . . . . . . . . . . . 185

332 - Communications with Persons with Disabilities . . . . . . . . . . . 193

333 - Mandatory Employer Notification . . . . . . . . . . . . . . . 201

334 - Child and Dependent Adult Safety . . . . . . . . . . . . . . . 202

335 - Service Animals . . . . . . . . . . . . . . . . . . . . 206

336 - Volunteer Program . . . . . . . . . . . . . . . . . . . . 208

337 - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . 213

338 - Department Use of Social Media . . . . . . . . . . . . . . . 216

339 - Native American Graves Protection and Repatriation . . . . . . . . . 219

340 - Community Relations . . . . . . . . . . . . . . . . . . . 221

Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 226

400 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 227

401 - Bias-Based Policing . . . . . . . . . . . . . . . . . . . 229

402 - Briefing Training . . . . . . . . . . . . . . . . . . . . 231

403 - Crime and Disaster Scene Integrity . . . . . . . . . . . . . . 232

404 - Crisis Response Unit . . . . . . . . . . . . . . . . . . . 234

405 - Ride-Along Program . . . . . . . . . . . . . . . . . . . 245

406 - Hazardous Material Response . . . . . . . . . . . . . . . . 248

407 - Hostage and Barricade Incidents . . . . . . . . . . . . . . . 251

408 - Response to Bomb Calls . . . . . . . . . . . . . . . . . . 256

409 - Civil Commitments . . . . . . . . . . . . . . . . . . . . 261

410 - Citation Releases . . . . . . . . . . . . . . . . . . . . 264

411 - Arrest or Detention of Foreign Nationals . . . . . . . . . . . . . 266

412 - Rapid Response and Deployment . . . . . . . . . . . . . . . 270

413 - Immigration Violations . . . . . . . . . . . . . . . . . . 273

414 - Emergency Utility Service . . . . . . . . . . . . . . . . . 277

415 - Field Training Officer Program . . . . . . . . . . . . . . . . 278

416 - Aircraft Accidents . . . . . . . . . . . . . . . . . . . . 281

417 - Obtaining Air Support . . . . . . . . . . . . . . . . . . . 285

418 - Contacts and Temporary Detentions . . . . . . . . . . . . . . 286

419 - Criminal Organizations . . . . . . . . . . . . . . . . . . 290

420 - Watch Commanders . . . . . . . . . . . . . . . . . . . 294

421 - Mobile Audio Video . . . . . . . . . . . . . . . . . . . 295

422 - Mobile Digital Terminal Use . . . . . . . . . . . . . . . . . 302

423 - Portable Audio/Video Recorders . . . . . . . . . . . . . . . 305

424 - Public Recording of Law Enforcement Activity . . . . . . . . . . . 310

425 - Bicycle Patrol Unit . . . . . . . . . . . . . . . . . . . . 313

426 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 316

427 - Automated License Plate Readers (ALPRs) . . . . . . . . . . . . 320

428 - Homeless Persons . . . . . . . . . . . . . . . . . . . . 322

429 - First Amendment Assemblies . . . . . . . . . . . . . . . . 325

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430 - Suspicious Activity Reporting . . . . . . . . . . . . . . . . 331

431 - Civil Disputes . . . . . . . . . . . . . . . . . . . . . 333

432 - Crisis Intervention Incidents . . . . . . . . . . . . . . . . . 336

433 - Medical Aid and Response . . . . . . . . . . . . . . . . . 341

Chapter 5 - Traffic Operations . . . . . . . . . . . . . . . . . . 347

500 - Traffic Function and Responsibility . . . . . . . . . . . . . . 348

501 - Traffic Collision Reporting . . . . . . . . . . . . . . . . . 351

502 - Vehicle Towing and Release . . . . . . . . . . . . . . . . 352

503 - Impaired Driving . . . . . . . . . . . . . . . . . . . . 355

504 - Traffic Citations . . . . . . . . . . . . . . . . . . . . . 360

505 - Disabled Vehicles . . . . . . . . . . . . . . . . . . . . 362

506 - Abandoned Vehicles . . . . . . . . . . . . . . . . . . . 363

Chapter 6 - Investigation Operations . . . . . . . . . . . . . . . . 364

600 - Investigation and Prosecution . . . . . . . . . . . . . . . . 365

601 - Sexual Assault Investigations . . . . . . . . . . . . . . . . 370

602 - Asset Forfeiture . . . . . . . . . . . . . . . . . . . . 375

603 - Informants . . . . . . . . . . . . . . . . . . . . . . 381

604 - Eyewitness Identification . . . . . . . . . . . . . . . . . . 386

605 - Brady Material Disclosure . . . . . . . . . . . . . . . . . 390

606 - Pawn Shop Holds . . . . . . . . . . . . . . . . . . . . 393

607 - Warrant Service . . . . . . . . . . . . . . . . . . . . 395

608 - Operations Planning and Deconfliction . . . . . . . . . . . . . 400

609 - Unmanned Aircraft System (UAS) Operations . . . . . . . . . . . 404

Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . 407

700 - Department-Owned and Personal Property . . . . . . . . . . . . 408

701 - Personal Communication Devices . . . . . . . . . . . . . . . 410

702 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 414

703 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . 415

704 - Cash Handling, Security and Management . . . . . . . . . . . . 421

705 - Personal Protective Equipment . . . . . . . . . . . . . . . . 423

Chapter 8 - Support Services . . . . . . . . . . . . . . . . . . 428

800 - Crime Analysis . . . . . . . . . . . . . . . . . . . . . 429

801 - Property and Evidence . . . . . . . . . . . . . . . . . . 430

802 - Records Bureau . . . . . . . . . . . . . . . . . . . . 439

803 - Records Maintenance and Release . . . . . . . . . . . . . . 442

804 - Protected Information . . . . . . . . . . . . . . . . . . . 446

805 - Animal Control . . . . . . . . . . . . . . . . . . . . . 449

Chapter 9 - Custody . . . . . . . . . . . . . . . . . . . . . 452

900 - Temporary Custody of Adults . . . . . . . . . . . . . . . . 453

901 - Custodial Searches . . . . . . . . . . . . . . . . . . . 463

Chapter 10 - Personnel . . . . . . . . . . . . . . . . . . . . 468

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1000 - Recruitment and Selection . . . . . . . . . . . . . . . . . 469

1001 - Promotion and Transfer . . . . . . . . . . . . . . . . . . 474

1002 - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . 476

1003 - Reporting of Employee Convictions . . . . . . . . . . . . . . 480

1004 - Drug- and Alcohol-Free Workplace . . . . . . . . . . . . . . 482

1005 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . 485

1006 - Communicable Diseases . . . . . . . . . . . . . . . . . 487

1007 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . 492

1008 - Personnel Complaints . . . . . . . . . . . . . . . . . . 493

1009 - Seat Belts . . . . . . . . . . . . . . . . . . . . . . 502

1010 - Body Armor . . . . . . . . . . . . . . . . . . . . . 504

1011 - Personnel Records . . . . . . . . . . . . . . . . . . . 506

1012 - Request for Change of Assignment . . . . . . . . . . . . . . 511

1013 - Commendations and Awards . . . . . . . . . . . . . . . . 512

1014 - Fitness for Duty . . . . . . . . . . . . . . . . . . . . 514

1015 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . 517

1016 - Lactation Breaks . . . . . . . . . . . . . . . . . . . . 518

1017 - Payroll Records . . . . . . . . . . . . . . . . . . . . 520

1018 - Outside Employment . . . . . . . . . . . . . . . . . . 521

1019 - Illness and Injury Prevention . . . . . . . . . . . . . . . . 525

1020 - Occupational Disease and Work-Related Injury and Death Reporting . . . 530

1021 - Personal Appearance Standards . . . . . . . . . . . . . . . 532

1022 - Uniform Regulations . . . . . . . . . . . . . . . . . . . 534

1023 - Nepotism and Conflicting Relationships . . . . . . . . . . . . . 539

1024 - Department Badges . . . . . . . . . . . . . . . . . . . 542

1025 - Temporary Modified-Duty Assignments . . . . . . . . . . . . . 544

1026 - Employee Speech, Expression and Social Networking . . . . . . . . 548

1027 - Line-of-Duty Deaths . . . . . . . . . . . . . . . . . . . 553

Attachments . . . . . . . . . . . . . . . . . . . . . . .

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Law Enforcement Role and Authority - 5

Chapter 1 - Law Enforcement Role and Authority

Policy

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Law Enforcement Authority - 6

Law Enforcement Authority

100.1 PURPOSE AND SCOPE

The purpose of this policy is to affirm the authority of the members of the West Jordan Police

Department to perform their functions based on established legal authority.

100.2 POLICY

It is the policy of the West Jordan Police Department to limit its members to only exercise the

authority granted to them by law.

While this department recognizes the power of peace officers to make arrests and take other

enforcement action, officers are encouraged to use sound discretion in the enforcement of the

law. This department does not tolerate abuse of law enforcement authority.

100.3 PEACE OFFICER POWERS

Sworn members of the Department shall be considered peace officers pursuant to Utah Code

53-13-102 and Utah Code 53-13-103.

100.3.1 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE WEST JORDAN

POLICE DEPARTMENT

The arrest authority within the jurisdiction of the West Jordan Police Department includes:

(a) In compliance with an arrest warrant.

(b) Without a warrant (Utah Code 77-7-2):

1. For a public offense committed or attempted in the presence of an officer.

2. When an officer has reasonable cause to believe that a felony or class A

misdemeanor has been committed.

3. When an officer has reasonable cause to believe that a public offense has been

committed and the person to be arrested may flee or conceal him/herself to avoid

arrest, destroy or conceal evidence or injure another person or damage property.

committed theft (Utah Code 77-7-13).

(d) Without a warrant when an officer has probable cause to believe that a person

is driving under the influence in violation of Utah Code 41-6a-502 (Utah Code

41-6a-508).

100.3.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE WEST JORDAN

POLICE DEPARTMENT

The arrest authority of officers outside the jurisdiction of the West Jordan Police Department

includes (Utah Code 77-9-3):

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Law Enforcement Authority - 7

(a) When the officer is in fresh pursuit of an offender for the purpose of arresting and

holding the person in custody or returning the person to the jurisdiction where the

offense occurred.

(b) When a public offense has been committed in the presence of the officer.

in the jurisdiction of the West Jordan Police Department in cooperation with the local

law enforcement authority.

(d) When the officer is called to assist officers in another jurisdiction.

Officers should, when practicable, notify and receive approval from the local law enforcement

authority prior to taking enforcement action.

100.4 INTERSTATE PEACE OFFICER POWERS

Peace officer powers may be extended to other states:

(a) As applicable under interstate compacts, memorandums of understanding or mutual

aid agreements in compliance with the laws of each state.

(b) When an officer enters another state in fresh pursuit:

1. In Colorado, to arrest the person for a crime committed in Utah (CRS §

16-3-104).

2. In Arizona, Idaho, Nevada and New Mexico, to arrest the person for committing

a felony in Utah (ARS § 13-3832; Idaho Code 19-701; NRS 171.158; NMSA §

31-2-1).

to pursue and arrest an offender who has fled Utah (Wyo. Stat. § 7-3-103).

Whenever an officer makes an arrest in another state, the officer shall take the offender to

a magistrate or other proper judicial official in the county where the arrest occurred as soon

as practicable (ARS § 13-3833; CRS § 16-3-104; Idaho Code 19-702; NRS 171.158; NMSA §

31-2-2 (New Mexico)).

100.5 CONSTITUTIONAL REQUIREMENTS

All members shall observe and comply with every person’s clearly established rights under the

United States and Utah Constitutions.

Policy

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Chief Executive Officer - 8

Chief Executive Officer

101.1 PURPOSE AND SCOPE

Utah Code 53-6-205 mandates that all sworn officers employed after January 1, 1985 successfully

complete a Utah POST Council certified academy or successfully pass a state certification

examination pursuant to Utah Code 53-6-206, and obtain POST certification, prior to being

permitted to exercise peace officer powers.

101.1.1 CHIEF OF POLICE REQUIREMENTS

It is recommended that a candidate for Chief of Police of the Department should, as a condition

of continued employment:

(a)

Be an individual of recognized executive and administrative capacity.

(b)

Be selected solely with regard to their qualifications and fitness to discharge the duties

of the office.

(c)

Be of high moral character.

(d)

Be of good standing in their community of residence.

Policy

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Oath of Office - 9

Oath of Office

102.1 PURPOSE AND SCOPE

Officers of the Department are sworn to uphold the federal and state constitutions and to enforce

federal, state and local laws.

102.2 POLICY

It is the policy of the West Jordan Police Department that, when appropriate, department members

affirm the oath of their office as an expression of commitment to the constitutional rights of those

served by the Department and the dedication of its members to their duties.

102.3 OATH OF OFFICE

All department members, when appropriate, shall take and subscribe to the oaths or affirmations

applicable to their positions (Utah Constitution Article IV § 10).

If a member is opposed to taking an oath, he/she shall be permitted to substitute the

word "affirm" for the word "swear."

102.4 MAINTENANCE OF RECORDS

The oath of office shall be filed as prescribed by law (Utah Code 52-1-2 et seq.).

Policy

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Policy Manual - 10

Policy Manual

103.1 PURPOSE AND SCOPE

The manual of the West Jordan Police Department is hereby established and shall be referred to

as the Policy Manual or the manual. The manual is a statement of the current policies, rules and

guidelines of this department. All members are to conform to the provisions of this manual.

All prior and existing manuals, orders and regulations that are in conflict with this manual are

rescinded, except to the extent that portions of existing manuals, procedures, orders and other

regulations that have not been included herein shall remain in effect, provided that they do not

conflict with the provisions of this manual.

103.2 POLICY

Except where otherwise expressly stated, the provisions of this manual shall be considered

as guidelines. It is recognized that the work of law enforcement is not always predictable and

circumstances may arise which warrant departure from these guidelines. It is the intent of this

manual to be viewed from an objective standard, taking into consideration the sound discretion

entrusted to members of this department under the circumstances reasonably available at the

time of any incident.

103.2.1 DISCLAIMER

The provisions contained in the Policy Manual are not intended to create an employment contract

nor any employment rights or entitlements. The policies contained within this manual are for the

internal use of the West Jordan Police Department and shall not be construed to create a higher

standard or duty of care for civil or criminal liability against the City, its officials or members.

Violations of any provision of any policy contained within this manual shall only form the basis

for department administrative action, training or discipline. The West Jordan Police Department

reserves the right to revise any policy content, in whole or in part.

103.3 AUTHORITY

The Chief of Police shall be considered the ultimate authority for the content and adoption of

the provisions of this manual and shall ensure compliance with all applicable federal, state and

local laws. The Chief of Police or the authorized designee is authorized to issue Departmental

Directives, which shall modify those provisions of the manual to which they pertain. Departmental

Directives shall remain in effect until such time as they may be permanently incorporated into the

manual.

103.4 DEFINITIONS

The following words and terms shall have these assigned meanings throughout the Policy Manual,

unless it is apparent from the content that they have a different meaning:

Adult - Any person 18 years of age or older.

CFR - Code of Federal Regulations.

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Policy Manual - 11

City - The City of West Jordan.

Non-sworn - Employees and volunteers who are not sworn peace officers.

Department/WJPD - The West Jordan Police Department.

DMV - The Department of Motor Vehicles.

Employee/personnel - Any person employed by the Department.

Juvenile - Any person under the age of 18-years.

Manual - The West Jordan Police Department Policy Manual.

May - Indicates a permissive, discretionary or conditional action.

Member - Any person employed or appointed by the West Jordan Police Department, including:

•

Full- and part-time employees

•

Sworn peace officers

•

Reserve, auxiliary officers

•

Non-sworn employees

•

Volunteers

Officer - Those employees, regardless of rank, who are sworn peace officer employees of the

West Jordan Police Department.

On-duty - A member’s status during the period when he/she is actually engaged in the

performance of his/her assigned duties.

Order - A written or verbal instruction issued by a superior.

POST - The Utah Peace Officer Standards and Training Division.

Rank - The title of the classification held by an officer.

Shall or will - Indicates a mandatory action.

Should - Indicates a generally required or expected action, absent a rational basis for failing to

conform.

Supervisor - A person in a position of authority that may include responsibility for hiring,

transfer, suspension, promotion, discharge, assignment, reward or discipline of other department

members, directing the work of other members or having the authority to adjust grievances. The

supervisory exercise of authority may not be merely routine or clerical in nature but requires the

use of independent judgment.

The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker)

given responsibility for the direction of the work of others without regard to a formal job title, rank

or compensation.

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Policy Manual - 12

When there is only one department member on-duty, that person may also be the supervisor,

except when circumstances reasonably require the notification or involvement of the member’s

off-duty supervisor or an on-call supervisor.

UAC - Utah Administrative Code (Example: UAC R728-503-10).

USC - United States Code.

103.5 ISSUING THE POLICY MANUAL

An electronic version of the Policy Manual will be made available to all members on the department

network for viewing and printing. No changes shall be made to the manual without authorization

from the Chief of Police or the authorized designee.

Each member shall acknowledge that he/she has been provided access to, and has had the

opportunity to review the Policy Manual and Departmental Directives. Members shall seek

clarification as needed from an appropriate supervisor for any provisions that they do not fully

understand.

103.6 PERIODIC REVIEW OF THE POLICY MANUAL

The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as

necessary.

103.7 REVISIONS TO POLICIES

All revisions to the Policy Manual will be provided to each member on or before the date the policy

becomes effective. Each member will be required to acknowledge that he/she has reviewed the

revisions and shall seek clarification from an appropriate supervisor as needed.

Members are responsible for keeping abreast of all Policy Manual revisions.

Each Division Chief will ensure that members under his/her command are aware of any Policy

Manual revision.

All department members suggesting revision of the contents of the Policy Manual shall forward

their written suggestions to their Division Chiefs, who will consider the recommendations and

forward them to the command staff as appropriate.

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Organization and Administration - 13

Chapter 2 - Organization and Administration

Policy

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Organizational Structure and Responsibility -

Organizational Structure and Responsibility

200.1 PURPOSE AND SCOPE

The organizational structure of the Department is designed to create an efficient means to

accomplish its mission and goals and to provide for the best possible service to the public.

200.2 DIVISIONS

The Chief of Police is responsible for administering and managing the West Jordan Police

Department. There are two divisions in the Police Department as follows:

•

Support Services Division

•

Line Services Division

200.2.1 SUPPORT SERVICES DIVISION

The Support Services Division is commanded by a Deputy Chief, whose primary responsibility is to

provide general management direction and control for the Support Services Division. The Support

Services Division consists of the Records Bureau, Technical Services, Administrative Services,

and Investigations.

200.2.2 LINE SERVICES DIVISION

The Line Services Division is commanded by a Deputy Chief, whose primary responsibility is

to provide general management direction and control for the Line Servies Division. The Line

Servies Division consists of Uniformed Patrol, Animal Services and Special Patrol Operations,

which includes Traffic, Dispatch and Police Aides/Assistants.

200.3 AUTHORITY AND RESPONSIBILITY

Consistent with the principles of sound supervisory practices, all supervisory personnel will be held

accountable for the performance of their subordinates. To facilitate this end, training requirements

for supervisory personnel are assigned in the job description and job task analysis, and in-service

training for supervisors shall address employee career development.

Irrespective of rank, each employee within the organization has clearly articulated duties and

responsibilities. Each employee is hereby delegated the authority necessary to effectively execute

those responsibilities. Each employee will also be held accountable for the appropriate application

of that delegated authority.

Policy

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Departmental Directive - 15

Departmental Directive

201.1 PURPOSE AND SCOPE

Departmental Directives establish an interdepartmental communication that may be used by the

Chief of Police to make immediate changes to policies consistent with the current Memorandum of

Understanding or other collective bargaining agreement. Departmental Directives will immediately

modify or change and supersede sections of this manual to which they pertain.

201.1.1 DEPARTMENTAL DIRECTIVE PROTOCOL

Departmental Directives will be incorporated into the manual as required upon approval of Staff.

Departmental Directives will modify an existing policy or create a new policy as appropriate and

will be rescinded upon incorporation into the manual.

All existing Departmental Directives have been incorporated in the updated Policy Manual as of

the below revision date.

Any Departmental Directives issued after publication of the manual shall be numbered

consecutively starting with the last two digits of the year, followed by the number “01.” For example,

09-01 signifies the first Departmental Directive for the year 2009.

201.2 RESPONSIBILITIES

201.2.1 STAFF

The Staff shall review and approve revisions of the Policy Manual, which will incorporate changes

originally made by a Departmental Directive.

201.2.2 CHIEF OF POLICE

The Chief of Police shall issue all Departmental Directives.

201.3 ACCEPTANCE OF DEPARTMENTAL DIRECTIVES

All employees are required to read and obtain any necessary clarification of all Departmental

Directives. All employees are required to acknowledge in writing the receipt and review of any

new Departmental Directive. Signed acknowledgement forms and/or e-mail receipts showing an

employee’s acknowledgement will be maintained by the Training Sergeant.

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Emergency Management Plan

202.1 PURPOSE AND SCOPE

The City has prepared an Emergency Management Plan Manual for use by all employees in the

event of a major disaster or other emergency event. The manual provides for a strategic response

by all employees and assigns specific responsibilities in the event the plan is activated.

202.2 ACTIVATING THE EMERGENCY PLAN

The Emergency Management Plan can be activated in a number of ways. For the Police

Department, the Chief of Police or the highest ranking official on-duty may activate the Emergency

Management Plan in response to a major emergency.

202.2.1 RECALL OF PERSONNEL

In the event that the Emergency Management Plan is activated, all employees of the West Jordan

Police Department are subject to immediate recall. Employees may also be subject to recall

during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized

designee.

Failure to promptly respond to an order to report for duty may result in discipline.

202.3 LOCATION OF MANUALS

The manual for the employees is available in Administration and with the Watch Commander. A

copy is also available on the network G: (Global) drive, under EOC Files. All supervisors should

familiarize themselves with the Emergency Management Plan and what roles police personnel

will play when the plan is implemented.

202.4 BUILDING EVACUATION PLAN

In the event of a disaster or emergency which requires evacuation of the public safety services

building, all employees shall follow implemented evacuation plans and posted exit strategies. The

posted exit strategies shall include any special directions for physically impaired employees.

202.5 UPDATING OF MANUALS

The Chief of Police or designee shall review and update, if necessary, the Emergency

Management Plan Manual at least once every two years to ensure that the manual conforms to

any revisions made by the National Incident Management System (NIMS).

Policy

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Training

203.1 PURPOSE AND SCOPE

It is the policy of the Department to administer a training program that will provide for the

professional growth and continued development of its personnel. By doing so, the Department will

ensure its personnel possess the knowledge and skills necessary to provide a professional level

of service that meets the needs of the community.

203.2 PHILOSOPHY

The Department seeks to provide ongoing training and encourages all personnel to participate

in advanced training and formal education on a continual basis. Training is provided within the

confines of funding, requirements of a given assignment, staffing levels and legal mandates.

Whenever possible, the Department will use courses certified by the Utah Peace Officer Standards

and Training Division (POST).

203.3 OBJECTIVES

The objectives of the Training Program are to:

(a) Enhance the level of law enforcement service to the public.

(b) Increase the technical expertise and overall effectiveness of our personnel.

203.4 TRAINING PLAN

A training plan will be developed and maintained by the Training Sergeant. It is the responsibility

of the Training Sergeant to maintain, review and update the training plan on an annual basis. The

plan will address the following state requirements:

•

Compliance with POST mandated annual certified training of not less than 40 hours

(Utah Code 53-6-202(4)(a)).

•

Firearms qualifications.

•

Emergency vehicle operations.

•

Arrest control tactics (defensive tactics).

The plan should also address the following Department requirements:

•

Legislative Changes

•

State Mandated Training

•

Critical Issues Training

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203.5 TRAINING NEEDS ASSESSMENT

The Training Unit will conduct an annual training-needs assessment of the Department. The needs

assessment will be reviewed by Staff. Upon approval by the Staff, the needs assessment will form

the basis of the training plan for the fiscal year.

203.6 TRAINING COMMITTEE

The Training Sergeant shall establish a Training Committee, which will serve to assist with

identifying training needs for the Department.

The Training Committee shall be comprised of at least three members, with the senior ranking

member of the committee acting as the chairperson. Members should be selected based on their

abilities at post-incident evaluation and at assessing related training needs. The Training Sergeant

may remove or replace members of the committee at his/her discretion.

The Training Committee should review certain incidents to determine whether training would likely

improve future outcomes or reduce or prevent the recurrence of the undesirable issues related to

the incident. Specific incidents the Training Committee should review include, but are not limited to:

(a) Any incident involving the death or serious injury of an employee.

(b) Incidents involving a high risk of death, serious injury or civil liability.

needs.

The Training Committee should convene on a regular basis as determined by the Training

Sergeant to review the identified incidents. The committee shall determine by consensus whether

a training need exists and then submit written recommendations of its findings to the Training

Sergeant. The recommendation should not identify specific facts of any incidents, such as

identities of employees involved or the date, time and location of the incident, but should focus

on the type of training being recommended.

The Training Sergeant will consider the recommendations of the committee and determine what

training should be addressed, taking into consideration the mission of the Department and

available resources.

203.7 TRAINING PROCEDURES

(a) All employees assigned to attend training shall attend unless previously excused by

their immediate supervisor. Excused absences from mandatory training should be

limited to:

1. Court appearances

2. Prior approved vacation

3. Sick leave

4. Physical limitations preventing the employee's participation

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5. Emergency situations

(b) When an employee is unable to attend mandatory training, that employee shall:

1. Notify his/her supervisor as soon as possible, but no later than two hours prior

to the start of training.

2. Document his/her absence in a memorandum to his/her supervisor.

3. Make arrangements through his/her supervisor and the Training Sergeant to

attend an alternate date.

203.8 DAILY TRAINING BULLETINS

The Lexipol Daily Training Bulletins (DTBs) are contained in a web-accessed system that

provides training on the West Jordan Police Department policy manual and other important topics.

Generally, one training bulletin is available for each day of the month. However, the number of

DTBs may be adjusted by the Training Sergeant.

Personnel assigned to participate in DTBs shall only use login credentials assigned to them by the

Training Sergeant. Personnel should not share their password with others and should frequently

change their password to protect the security of the system. After each session, employees should

logoff the system to prevent unauthorized access. The content of the DTBs is copyrighted material

and shall not be shared with others outside of the Department.

Employees who are assigned to participate in the DTB program should complete each DTB at the

beginning of their shift or as otherwise directed by their supervisor. Employees should not allow

uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed

during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the

DTB system can be accessed from any internet-active computer, employees shall only take DTBs

as part of their on-duty assignment unless directed otherwise by a supervisor.

Supervisors will be responsible for monitoring the progress of personnel under their command to

ensure compliance with this policy.

203.9 REPORTING

The Training Sergeant shall ensure that all required training records are forwarded to POST in

the appropriate format pursuant to UAC R728-410-6.

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Electronic Mail

204.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the proper use and application of

the Department's electronic mail (email) system by employees of this department. Email is a

communication tool available to employees to enhance efficiency in the performance of job duties

and is to be used in accordance with generally accepted business practices and current law.

Messages transmitted over the email system must only be those that involve official business

activities or contain information essential to employees for the accomplishment of business-related

tasks and/or communication directly related to the business, administration or practices of the

Department.

204.2 EMAIL RIGHT OF PRIVACY

All email messages, including any attachments, that are transmitted over department networks

are considered department records and therefore are department property. The Department

reserves the right to access, audit or disclose, for any lawful reason, any message, including any

attachment, that is transmitted over its email system or that is stored on any department system.

The email system is not a confidential system and therefore is not appropriate for confidential

communications. If a communication must be confidential, an alternative method to communicate

the message should be used. Employees using the department email system shall have no

expectation of privacy concerning communications transmitted over the system.

Employees should not use personal accounts to exchange email or other information that is related

to the official business of the Department.

204.3 PROHIBITED USE OF EMAIL

Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive and harassing or

any other inappropriate messages on the email system will not be tolerated and may result in

discipline.

Email messages addressed to the entire department are only to be used for official business

related items that are of particular interest to all users and must be approved by the Chief of Police

or a Division Chief. Personal advertisements are not acceptable.

It is a violation of this policy to transmit a message under another user’s name. Users are

strongly encouraged to log off the network when their computer is unattended. This added security

measure would minimize the misuse of an individual’s email, name and/or password by others.

204.4 EMAIL RECORD MANAGEMENT

Email may, depending upon the individual content, be a public record under the Utah Government

Records Access and Management Act (Utah Code 63G-2-101 et seq.) and must be managed in

accordance with the established records retention schedule and in compliance with state law.

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The Records Officer shall ensure that email messages are retained and recoverable as outlined

in the Records Maintenance and Release Policy.

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Administrative Communications

205.1 PURPOSE AND SCOPE

Administrative communications of the Department are governed by the following policies.

205.2 PERSONNEL DIRECTIVES

Personnel Directive may be issued periodically by the Chief of Police to announce and

document all promotions, transfers, hiring of new personnel, separations, personnel and group

commendations, or other changes in status.

205.3 CORRESPONDENCE

In order to ensure that the letterhead and name of the Department are not misused, all external

correspondence shall be on Department letterhead. All Department letterhead shall bear the

signature element of the Chief of Police. Personnel should use Department letterhead only for

official business and with approval of their supervisor.

205.4 SURVEYS

All surveys made in the name of the Department shall be authorized by the Chief of Police or a

Division Chief.

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Staffing Levels

206.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that proper supervision is available for all shifts. The

Department intends to balance the employee's needs against the need to have flexibility and

discretion in using personnel to meet operational needs. While balance is desirable, the paramount

concern is the need to meet operational requirements of the Department.

206.2 MINIMUM STAFFING LEVELS

Minimum staffing levels should result in the scheduling of at least two regular supervisors on-duty

whenever possible. Watch Commanders will ensure that at least one field supervisor is deployed

during each watch, in addition to the Watch Commander.

206.2.1 SUPERVISION DEPLOYMENTS

In order to accommodate training and other unforeseen circumstances, an officer may be used

as a field supervisor in place of a field sergeant.

With prior authorization from the Patrol Division Chief, an officer may act as the Watch

Commander for a limited period of time.

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Concealed Weapon License

207.1 PURPOSE AND SCOPE

Concealed weapon permit holders are subject to suspension or revocation of the permit upon

commission of certain acts. This policy will provide guidance to the officer for notification to the

Bureau of Criminal Identification of circumstances that may be grounds for review of a concealed

weapon permit (Utah Code 53-5-704).

207.2 QUALIFIED APPLICANTS

In order to continue to qualify for a permit to carry a concealed weapon, a person (Utah Code

53-5-704):

(a) Must not have been convicted of a felony.

(b) Must not have been convicted of any crime of violence.

(d) Must not have been convicted of any offenses involving the unlawful use of narcotics

or other controlled substances.

(e) Must not have been convicted of any offenses involving moral turpitude, as defined

in UAC R722-300-3.

(f) Must not have been convicted of any offense involving domestic violence.

(g) Must not have been adjudicated by a court of a state or of the United States as mentally

incompetent, unless the adjudication has been withdrawn or reversed; must not have

been committed to a mental institution or found not guilty by reason of insanity for a

felony offense; and must not have been found mentally incompetent to stand trial for

a felony offense.

(h) Must not be a person who is illegally or unlawfully in the United States.

(i) Must not have been dishonorably discharged from the armed forces.

(j) Must not have renounced his/her citizenship after having been a citizen of the United

States.

(k) Must not have committed any crime or act that would disqualify the person from

possession of a weapon under federal law.

(l) Must not be on the voluntary restricted list (Utah Code § 53-5c-301).

An officer who has reason to believe that a concealed weapon permit holder or applicant has

violated one of the foregoing provisions should notify the Department of Public Safety Bureau of

Criminal Identification and document the reasons in an information report. The Bureau of Criminal

Identification may then review the person’s eligibility to hold a concealed weapon permit.

Policy

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Retiree Concealed Firearms

208.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the issuance, denial, suspension or

revocation of West Jordan Police Department identification cards under the Law Enforcement

Officers’ Safety Act (LEOSA) and Utah law (18 USC § 926C; Utah Code 53-5-704).

208.2 POLICY

It is the policy of the West Jordan Police Department to provide identification cards to qualified

former or retired officers as provided in this policy.

208.3 LEOSA

The Chief of Police may issue an identification card for LEOSA purposes to any qualified

former officer of this department who (18 USC § 926C(c)):

(a) Separated from service in good standing from this department as an officer.

(b) Before such separation, had regular employment as a law enforcement officer for an

aggregate of 10 years or more or, if employed as a law enforcement officer for less

than 10 years, separated from service after completing any applicable probationary

period due to a service-connected disability as determined by this department.

(d) Has not entered into an agreement with this department where

the officer acknowledges that he/she is not qualified to receive a firearm qualification

certificate for reasons related to mental health.

(e) Is not prohibited by federal law from receiving or possessing a firearm.

208.3.1 LEOSA IDENTIFICATION CARD FORMAT

The LEOSA identification card should contain a photograph of the former officer and identify him/

her as having been employed as an officer.

If the West Jordan Police Department qualifies the former officer, the LEOSA identification card

or separate certification should indicate the date the former officer was tested or otherwise found

by the Department to meet the active duty standards for qualification to carry a firearm.

208.3.2 AUTHORIZATION

Any qualified former law enforcement officer, including a former officer of this department, may

carry a concealed firearm under 18 USC § 926C when he/she is:

(a) In possession of photographic identification that identifies him/her as having been

employed as a law enforcement officer and one of the following:

1. An indication from the person’s former law enforcement agency that he/she has,

within the past year, been tested or otherwise found by the law enforcement

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agency to meet agency-established active duty standards for qualification in

firearms training to carry a firearm of the same type as the concealed firearm.

2. A certification, issued by either the state in which the person resides or by a

certified firearms instructor who is qualified to conduct a firearms qualification

test for active duty law enforcement officers within that state, indicating that the

person has, within the past year, been tested or otherwise found to meet the

standards established by the state or, if not applicable, the standards of any

agency in that state.

(b) Not under the influence of alcohol or another intoxicating or hallucinatory drug or

substance.

(d) Not in a location prohibited by Utah law or by a private person or entity on his/her

property if such prohibition is permitted by Utah law.

208.4 FORMER OFFICER RESPONSIBILITIES

A former officer with a card issued under this policy shall immediately notify the Watch Commander

of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in

accordance with the Reporting of Employee Convictions Policy.

208.4.1 RESPONSIBILITIES UNDER LEOSA

In order to obtain or retain a LEOSA identification card, the former officer shall:

(a) Sign a waiver of liability of the Department for all acts taken related to carrying a

concealed firearm, acknowledging both his/her personal responsibility as a private

person for all acts taken when carrying a concealed firearm as permitted by LEOSA

and also that these acts were not taken as an employee or former employee of the

Department.

(b) Remain subject to all applicable department policies and federal, state and local laws.

concealed firearm.

(d) Successfully pass an annual criminal history background check indicating that he/she

is not prohibited by law from receiving or possessing a firearm.

208.5 DENIAL, SUSPENSION OR REVOCATION

A LEOSA identification card may be denied or revoked upon a showing of good cause as

determined by the Department. In the event that an identification card is denied, suspended or

revoked, the former officer may request a review by the Chief of Police. The decision of the Chief

of Police is final.

208.6 FIREARM QUALIFICATIONS

The Armorer may provide former officers from this department an opportunity to qualify. Written

evidence of the qualification and the weapons used will be provided and will contain the date of

the qualification. The Armorer will maintain a record of the qualifications and weapons used.

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Chapter 3 - General Operations

Policy

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Use of Force

300.1 PURPOSE AND SCOPE

This policy provides guidelines on the reasonable use of force. While there is no way to specify

the exact amount or type of reasonable force to be applied in any situation, every member of

this department is expected to use these guidelines to make such decisions in a professional,

impartial, and reasonable manner.

In addition to those methods, techniques, and tools set forth below, the guidelines for the

reasonable application of force contained in this policy shall apply to all policies addressing

the potential use of force, including but not limited to the Control Devices and Techniques and

Conducted Energy Device policies.

300.1.1 DEFINITIONS

Definitions related to this policy include:_

Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of

causing death or very serious injury.

Feasible - Reasonably capable of being done or carried out under the circumstances to

successfully achieve the arrest or lawful objective without increasing risk to the officer or another

person.

Force - The application of physical techniques or tactics, chemical agents, or weapons to another

person. It is not a use of force when a person allows him/herself to be searched, escorted,

handcuffed, or restrained.

Imminent - Ready to take place; impending. Note that imminent does not mean immediate or

instantaneous.

Totality of the circumstances - All facts and circumstances known to the officer at the time,

taken as a whole, including the conduct of the officer and the subject leading up to the use of force.

300.2 POLICY

The use of force by law enforcement personnel is a matter of critical concern, both to the public

and to the law enforcement community. Officers are involved on a daily basis in numerous and

varied interactions and, when warranted, may use reasonable force in carrying out their duties.

Officers must have an understanding of, and true appreciation for, their authority and limitations.

This is especially true with respect to overcoming resistance while engaged in the performance

of law enforcement duties.

The Department recognizes and respects the value of all human life and dignity without prejudice

to anyone. Vesting officers with the authority to use reasonable force and to protect the public

welfare requires monitoring, evaluation, and a careful balancing of all interests.

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300.2.1 DUTY TO INTERCEDE AND REPORT

Any officer present and observing another law enforcement officer or a member using force that

is clearly beyond that which is objectively reasonable under the circumstances shall, when in a

position to do so, intercede to prevent the use of unreasonable force.

Any officer who observes another law enforcement officer or a member use force that is

potentially beyond that which is objectively reasonable under the circumstances should report

these observations to a supervisor as soon as feasible.

300.2.2 PERSPECTIVE

When observing or reporting force used by a law enforcement officer, each officer should take into

account the totality of the circumstances and the possibility that other law enforcement officers

may have additional information regarding the threat posed by the subject.

300.3 USE OF FORCE

Officers shall use only that amount of force that reasonably appears necessary given the facts

and circumstances perceived by the officer at the time of the event to accomplish a legitimate law

enforcement purpose.

The reasonableness of force will be judged from the perspective of a reasonable officer on

the scene at the time of the incident. Any evaluation of reasonableness must allow for the

fact that officers are often forced to make split-second decisions about the amount of force

that reasonably appears necessary in a particular situation, with limited information and in

circumstances that are tense, uncertain, and rapidly evolving.

Given that no policy can realistically predict every possible situation an officer might

encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate

use of force in each incident.

It is also recognized that circumstances may arise in which officers reasonably believe that it

would be impractical or ineffective to use any of the tools, weapons, or methods provided by this

department. Officers may find it more effective or reasonable to improvise their response to rapidly

unfolding conditions that they are confronting. In such circumstances, the use of any improvised

device or method must nonetheless be reasonable and utilized only to the degree that reasonably

appears necessary to accomplish a legitimate law enforcement purpose.

While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,

nothing in this policy requires an officer to retreat or be exposed to possible physical injury before

applying reasonable force.

300.3.1 USE OF FORCE TO EFFECT AN ARREST

An officer may use reasonable force to effect arrest, to prevent escape or to overcome resistance.

An officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts

by reason of resistance or threatened resistance of the person being arrested; nor shall such

officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable

force to effect the arrest or to prevent escape or to overcome resistance (Utah Code 77-7-7).

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300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE

When determining whether to apply force and evaluating whether an officer has used reasonable

force, a number of factors should be taken into consideration, as time and circumstances permit.

These factors include but are not limited to:

(a) Immediacy and severity of the threat to officers or others.

(b) The conduct of the individual being confronted, as reasonably perceived by the officer

at the time.

level of exhaustion or fatigue, the number of officers available vs. subjects).

(d) The effects of suspected drug or alcohol use.

(e) The individual’s mental state or capacity.

(f) The individual’s ability to understand and comply with officer commands.

(g) Proximity of weapons or dangerous improvised devices.

(h) The degree to which the individual has been effectively restrained and his/her ability

to resist despite being restrained.

(i) The availability of other reasonable and feasible options and their possible

effectiveness.

(j) Seriousness of the suspected offense or reason for contact with the individual.

(k) Training and experience of the officer.

(l) Potential for injury to officers, suspects, and others.

(m) Whether the individual appears to be resisting, attempting to evade arrest by flight,

or is attacking the officer.

(n) The risk and reasonably foreseeable consequences of escape.

(o) The apparent need for immediate control of the individual or a prompt resolution of

the situation.

(p) Whether the conduct of the individual being confronted no longer reasonably appears

to pose an imminent threat to the officer or others.

(q) Prior contacts with the individual or awareness of any propensity for violence.

(r) Any other exigent circumstances.

300.3.3 PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a physically or actively resisting

individual. Officers may only apply those pain compliance techniques for which they have

successfully completed department-approved training. Officers utilizing any pain compliance

technique should consider:

(a) The degree to which the application of the technique may be controlled given the level

of resistance.

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(b) Whether the individual can comply with the direction or orders of the officer.

The application of any pain compliance technique shall be discontinued once the officer

determines that compliance has been achieved.

300.3.4 CAROTID CONTROL HOLD

A carotid control hold is a technique designed to control an individual by temporarily restricting

blood flow through the application of pressure to the side of the neck and, unlike a chokehold,

does not restrict the airway. The proper application of the carotid control hold may be effective

in restraining a violent or combative individual. However, due to the potential for injury, the use

of the carotid control hold is limited to those circumstances where deadly force is authorized and

is subject to the following:

(a) At all times during the application of the carotid control hold, the response of the

individual should be monitored. The carotid control hold should be discontinued when

circumstances indicate that the application no longer reasonably appears necessary.

(b) Any individual who has had the carotid control hold applied, regardless of whether he/

she was rendered unconscious, shall be promptly examined by paramedics or other

qualified medical personnel and should be monitored until such examination occurs.

position of providing care, that the individual has been subjected to the carotid control

hold and whether the individual lost consciousness as a result.

(d) Any officer attempting or applying the carotid control hold shall promptly notify a

supervisor of the use or attempted use of such hold.

(e) The use or attempted use of the carotid control hold shall be thoroughly documented

by the officer in any related reports.

300.3.5 USE OF FORCE TO SEIZE EVIDENCE

In general, officers may use reasonable force to lawfully seize evidence and to prevent the

destruction of evidence. However, officers are discouraged from using force solely to prevent

a person from swallowing evidence or contraband. In the instance when force is used, officers

should not intentionally use any technique that restricts blood flow to the head, restricts respiration

or which creates a reasonable likelihood that blood flow to the head or respiration would be

restricted. Officers are encouraged to use techniques and methods taught by the West Jordan

Police Department for this specific purpose._

300.3.6 ALTERNATIVE TACTICS - DE-ESCALATION

When circumstances reasonably permit, officers should use non-violent strategies and techniques

to decrease the intensity of a situation, improve decision-making, improve communication, reduce

the need for force, and increase voluntary compliance (e.g., summoning additional resources,

formulating a plan, attempting verbal persuasion, slowing down the pace of an incident; waiting out

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subjects; creating distance between the officer and the threat; and requesting additional resources

(e.g. Mobile Crisis Outreach Teams, CIT-trained officers)).

Officers should recognize that they may withdraw to a position that is tactically advantageous

or allows them greater distance to de-escalate a situation. Officers should consider a variety of

options, including lesser force or no force options.

Officers should continue de-escalation techniques, when feasible and appropriate, and take the

time reasonably necessary to resolve the incident, in effort to avoid and/ or minimize the use of

force.

300.3.7 RESPIRATORY RESTRAINTS

The use of a respiratory restraint, also known as a chokehold, is limited to circumstances where

deadly force is authorized and if applied, is subject to the same guidelines and requirements as

a carotid control hold.

300.4 DEADLY FORCE APPLICATIONS

When reasonable, the officer shall, prior to the use of deadly force, make efforts to identify him/

herself as a peace officer and to warn that deadly force may be used, unless the officer has

objectively reasonable grounds to believe the person is aware of those facts.

Use of deadly force is justified in the following circumstances involving imminent threat or imminent

risk (Utah Code 76-2-404):

(a) An officer may use deadly force to protect him/herself or an individual other than

the suspect from what he/she reasonably believes is an imminent threat of death or

serious bodily injury.

(b) An officer may use deadly force to stop a fleeing subject when the officer has probable

cause to believe that the individual has committed, or intends to commit, a felony

involving the infliction or threatened infliction of serious bodily injury or death, and

the officer reasonably believes that there is an imminent risk of serious bodily injury

or death to an individual other than the suspect if the suspect is not immediately

apprehended. Under such circumstances, a verbal warning should precede the use

of deadly force, where feasible.

Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the

suspect is not at that very moment pointing a weapon at someone. For example, an imminent

danger may exist if an officer reasonably believes that the suspect has a weapon or is attempting

to access one and intends to use it against the officer or an individual other than the suspect. An

imminent danger may also exist if the suspect is capable of causing serious bodily injury or death

without a weapon, and the officer believes the individual intends to do so.

300.4.1 MOVING VEHICLES

Shots fired at or from a moving vehicle involve additional considerations and risks, and are rarely

effective.

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When feasible, officers should take reasonable steps to move out of the path of an approaching

vehicle instead of discharging their firearm at the vehicle or any of its occupants.

An officer should only discharge a firearm at a moving vehicle or its occupants when the officer

reasonably believes there are no other reasonable means available to avert the imminent threat

of the vehicle, or if deadly force other than the vehicle is directed at the officer or others.

Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.

300.5 REPORTING THE USE OF FORCE

Any use of force by a member of this department shall be documented promptly, completely,

and accurately in an appropriate report, depending on the nature of the incident. The officer

should articulate the factors perceived and why he/she believed the use of force was reasonable

under the circumstances. To collect data for purposes of training, resource allocation, analysis,

and related purposes, the Department may require the completion of additional report forms, as

specified in department policy, procedure, or law. See the Report Preparation Policy for additional

circumstances that may require documentation.

300.5.1 NOTIFICATIONS TO SUPERVISORS

Supervisory notification shall be made as soon as practicable following the application of force in

any of the following circumstances:

(a) The application caused a visible injury.

(b) The application would lead a reasonable officer to conclude that the individual may

have experienced more than momentary discomfort.

(d) The individual indicates intent to pursue litigation.

(e) Any application of the Conducted Energy Device (CED) or control device.

(f) Any application of a restraint device other than handcuffs, shackles, or belly chains.

(g) The individual subjected to the force was rendered unconscious.

(h) An individual was struck or kicked.

(i) An individual alleges unreasonable force was used or that any of the above has

occurred.

300.5.2 REPORTING THE THREAT OF FORCE

When an officer points a firearm at an individual, the officer shall report the incident in accordance

with Utah Code 53-13-116.

Reports shall be submitted within 48 hours of the incident and should include at a minimum (Utah

Code 53-13-116):

(a) A description of the incident.

(b) The identification of the individuals involved in the incident.

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300.6 MEDICAL CONSIDERATIONS

Once it is reasonably safe to do so, medical assistance shall be obtained for any person who

exhibits signs of physical distress, has sustained visible injury, expresses a complaint of injury

or continuing pain, or was rendered unconscious. Any individual exhibiting signs of physical

distress after an encounter should be continuously monitored until he/she can be medically

assessed.Individuals should not be placed on their stomachs for an extended period, as this could

impair their ability to breathe.

Based upon the officer’s initial assessment of the nature and extent of the individual’s injuries,

medical assistance may consist of examination by an emergency medical services provider or

medical personnel at a hospital or jail. If any such individual refuses medical attention, such

a refusal shall be fully documented in related reports and, whenever practicable, should be

witnessed by another officer and/or medical personnel. If a recording is made of the contact or an

interview with the individual, any refusal should be included in the recording, if possible.

The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer

shall ensure that any person providing medical care or receiving custody of a person following any

use of force is informed that the person was subjected to force. This notification shall include a

description of the force used and any other circumstances the officer reasonably believes would

be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation,

impaired respiration).

Individuals who exhibit extreme agitation, violent irrational behavior accompanied by profuse

sweating, extraordinary strength beyond their physical characteristics, and imperviousness to pain

(sometimes called “excited delirium”), or who require a protracted physical encounter with multiple

officers to be brought under control, may be at an increased risk of sudden death. Calls involving

these persons should be considered medical emergencies. Officers who reasonably suspect a

medical emergency should request medical assistance as soon as practicable and have medical

personnel stage away.

See the Medical Aid and Response Policy for additional guidelines.

300.7 SUPERVISOR RESPONSIBILITIES

A supervisor should respond to a reported application of force resulting in visible injury, if

reasonably available. When a supervisor is able to respond to an incident in which there has been

a reported application of force, the supervisor is expected to:

(a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct

or excessive force, this will be considered a routine contact in the normal course of

duties.

(b) Ensure that any injured parties are examined and treated.

force was applied. If this interview is conducted without the individual having voluntarily

waived his/her Miranda rights, the following shall apply:

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1. The content of the interview should not be summarized or included in any related

criminal charges.

2. The fact that a recorded interview was conducted should be documented in a

property or other report.

3. The recording of the interview should be distinctly marked for retention until all

potential for civil litigation has expired.

(d) Once any initial medical assessment has been completed or first aid has been

rendered, ensure that photographs have been taken of any areas involving visible

injury or complaint of pain, as well as overall photographs of uninjured areas.

1. These photographs should be retained until all potential for civil litigation has

expired.

(e) Identify any witnesses not already included in related reports.

(f) Review and approve all related reports.

(g) Determine if there is any indication that the individual may pursue civil litigation.

1. If there is an indication of potential civil litigation, the supervisor should complete

and route a notification of a potential claim through the appropriate channels.

(h) Evaluate the circumstances surrounding the incident and initiate an administrative

investigation if there is a question of policy noncompliance or if for any reason further

investigation may be appropriate.

In the event that a supervisor is unable to respond to the scene of an incident involving the reported

application of force, the supervisor is still expected to complete as many of the above items as

circumstances permit.

300.7.1 WATCH COMMANDER RESPONSIBILITY

The Watch Commander shall review each use of force by any personnel within his/her command

to ensure compliance with this policy and to address any training issues.

300.8 TRAINING

Officers will receive periodic training on this policy and demonstrate their knowledge and

understanding.

Subject to available resources, officers should receive periodic training on:

(a) Guidelines regarding vulnerable populations, including but not limited to children,

elderly, pregnant persons, and individuals with physical, mental, or intellectual

disabilities.

(b) De-escalation tactics, including alternatives to force.

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300.9 USE OF FORCE ANALYSIS

At least annually, the Patrol Division Chief should prepare an analysis report on use of force

incidents. The report should be submitted to the Chief of Police. The report should not contain the

names of officers, suspects, or case numbers, and should include:

(a) The identification of any trends in the use of force by members.

(b) Training needs recommendations.

(d) Policy revision recommendations.

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Use of Force Review Boards

301.1 PURPOSE AND SCOPE

This policy establishes a process for the West Jordan Police Department to review the use of

force by its employees.

This review process shall be in addition to any other review or investigation that may be conducted

by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the

use of deadly force.

301.2 POLICY

The West Jordan Police Department will objectively evaluate the use of force by its members to

ensure that their authority is used lawfully, appropriately and is consistent with training and policy.

301.3 REMOVAL FROM LINE DUTY ASSIGNMENT

Generally, whenever an employee’s actions or use of force in an official capacity, or while using

department equipment, results in death or very serious injury to another, that employee will be

placed in a temporary administrative assignment pending an administrative review. The Chief

of Police may exercise discretion and choose not to place an employee in an administrative

assignment in any case.

301.4 REVIEW BOARD

The Use of Force Review Board will be convened when the use of force by a member results in

very serious injury or death to another.

The Use of Force Review Board will also investigate and review the circumstances surrounding

every discharge of a firearm, whether the employee was on- or off-duty, excluding training or

recreational use.

The Chief of Police may request the Use of Force Review Board to investigate the circumstances

surrounding any use of force incident.

The Administration Division Chief will convene the Use of Force Review Board as necessary. It

will be the responsibility of the Division Chief or supervisor of the involved employee to notify the

Administration Division Chief of any incidents requiring board review. The involved employee’s

Division Chief or supervisor will also ensure that all relevant reports, documents and materials are

available for consideration and review by the board.

301.4.1 COMPOSITION OF THE BOARD

The Administration Division Chief should select five Use of Force Review Board members from

the following, as appropriate:

• Representatives of each division

• Commanding officer in the involved member’s chain of command

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• Training Sergeant

• Non-administrative supervisor

• A peer officer

• A sworn peace officer from an outside law enforcement agency

• Department instructor for the type of weapon, device or technique used

The senior ranking command representative who is not in the same division as the involved

employee will serve as chairperson.

301.4.2 RESPONSIBILITIES OF THE BOARD

The Use of Force Review Board is empowered to conduct an administrative review and inquiry

into the circumstances of an incident.

The board members may request further investigation, request reports be submitted for the

board’s review, call persons to present information and request the involved employee to appear.

The involved employee will be notified of the meeting of the board and may choose to have a

representative through all phases of the review process.

The board does not have the authority to recommend discipline.

The Chief of Police will determine whether the board should delay its review until after completion

of any criminal investigation, review by any prosecutorial body, filing of criminal charges, the

decision not to file criminal charges or any other action. The board should be provided all relevant

available material from these proceedings for its consideration.

The review shall be based upon those facts which were reasonably believed or known by the

officer at the time of the incident, applying any legal requirements, department policies, procedures

and approved training to those facts. Facts later discovered but unknown to the officer at the time

shall neither justify nor call into question an officer’s decision regarding the use of force.

Any questioning of the involved employee conducted by the board will be in accordance with

the department’s disciplinary procedures, the Personnel Complaints Policy, the current collective

bargaining agreement and any applicable state or federal law.

The board shall make one of the following recommended findings:

(a) The employee’s actions were within department policy and procedure.

(b) The employee’s actions were in violation of department policy and procedure.

A recommended finding requires a majority vote of the board. The board may also recommend

additional investigations or reviews, such as disciplinary investigations, training reviews to

consider whether training should be developed or revised, and policy reviews, as may be

appropriate. The board chairperson will submit the written recommendation to the Chief of Police.

The Chief of Police shall review the recommendation, make a final determination as to whether the

employee’s actions were within policy and procedure and will determine whether any additional

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actions, investigations or reviews are appropriate. The Chief of Police’s final findings will be

forwarded to the involved employee’s Division Chief for review and appropriate action. If the Chief

of Police concludes that discipline should be considered, a disciplinary process will be initiated.

At the conclusion of any additional reviews, copies of all relevant reports and information will be

filed with the Chief of Police.

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Handcuffing and Restraints

302.1 PURPOSE AND SCOPE

This policy provides guidelines for the use of handcuffs and other restraints during detentions and

arrests.

302.2 POLICY

The West Jordan Police Department authorizes the use of restraint devices in accordance with

this policy, the Use of Force Policy and department training. Restraint devices shall not be used

to punish, to display authority or as a show of force.

302.3 USE OF RESTRAINTS

Only members who have successfully completed West Jordan Police Department-approved

training on the use of restraint devices described in this policy are authorized to use these devices.

When deciding whether to use any restraint, officers should carefully balance officer safety

concerns with factors that include, but are not limited to:

•

The circumstances or crime leading to the arrest.

•

The demeanor and behavior of the arrested person.

•

The age and health of the person.

•

Whether the person is known to be pregnant.

•

Whether the person has a hearing or speaking disability. In such cases, consideration

should be given, safety permitting, to handcuffing to the front in order to allow the

person to sign or write notes.

•

Whether the person has any other apparent disability.

302.3.1 RESTRAINT OF DETAINEES

Situations may arise where it may be reasonable to restrain an individual who may, after brief

investigation, be released without arrest. Unless arrested, the use of restraints on detainees should

continue only for as long as is reasonably necessary to assure the safety of officers and others.

When deciding whether to remove restraints from a detainee, officers should continuously weigh

the safety interests at hand against the continuing intrusion upon the detainee.

302.3.2 RESTRAINT OF PREGNANT PERSONS

Persons who are known to be pregnant should be restrained in the least restrictive manner that

is effective for officer safety. Leg irons, waist chains, or handcuffs behind the body should not be

used unless the officer has a reasonable suspicion that the person may resist, attempt escape,

injure self or others, or damage property.

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No person who is in labor, delivery, or recovery after delivery shall be handcuffed or restrained

except in extraordinary circumstances and only when a supervisor makes an individualized

determination that such restraints are necessary for the safety of the arrestee, officers, or others.

302.3.3 RESTRAINT OF JUVENILES

A juvenile under 14 years of age should not be restrained unless he/she is suspected of a

dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist,

attempt escape, injure him/herself, injure the officer or damage property.

302.3.4 NOTIFICATIONS

Whenever an officer transports a person with the use of restraints other than handcuffs, the officer

shall inform the jail staff upon arrival at the jail that restraints were used. This notification should

include information regarding any other circumstances the officer reasonably believes would

be potential safety concerns or medical risks to the subject (e.g., prolonged struggle, extreme

agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail.

302.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS

Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person’s

hands to ensure officer safety.

Although recommended for most arrest situations, handcuffing is discretionary and not an absolute

requirement of the Department. Officers should consider handcuffing any person they reasonably

believe warrants that degree of restraint. However, officers should not conclude that in order to

avoid risk every person should be handcuffed, regardless of the circumstances.

In most situations handcuffs should be applied with the hands behind the person’s back. When

feasible, handcuffs should be double-locked to prevent tightening, which may cause undue

discomfort or injury to the hands or wrists.

In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may

cause unreasonable discomfort due to the person’s size, officers should consider alternatives,

such as using an additional set of handcuffs or multiple plastic cuffs.

Handcuffs should be removed as soon as it is reasonable or after the person has been searched

and is safely confined within a detention facility.

302.5 APPLICATION OF SPIT HOODS/MASKS/SOCKS

Spit hoods/masks/socks are temporary protective devices designed to prevent the wearer from

biting and/or transferring or transmitting fluids (saliva and mucous) to others.

Spit hoods may be placed upon persons in custody when the officer reasonably believes the

person will bite or spit, either on a person or in an inappropriate place. They are generally used

during application of a physical restraint, while the person is restrained, or during or after transport.

Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for

adequate ventilation and that the restrained person can breathe normally. Officers should provide

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assistance during the movement of restrained individuals due to the potential for impaired or

distorted vision on the part of the individual. Officers should avoid comingling individuals wearing

spit hoods with other detainees.

Spit hoods should not be used in situations where the restrained person is bleeding profusely

from the area around the mouth or nose, or if there are indications that the person has a medical

condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be

obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed

and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be

thoroughly decontaminated including hair, head and clothing prior to application of a spit hood.

Those who have been placed in a spit hood should be continually monitored and shall not be left

unattended until the spit hood is removed. Spit hoods shall be discarded after each use.

302.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES

Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg

irons and other similar devices. Auxiliary restraint devices are intended for use during long-term

restraint or transportation. They provide additional security and safety without impeding breathing,

while permitting adequate movement, comfort and mobility.

Only department-authorized devices may be used. Any person in auxiliary restraints should be

monitored as reasonably appears necessary.

302.7 APPLICATION OF LEG RESTRAINT DEVICES

Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is

reasonable to do so during the course of detention, arrest or transportation. Only restraint devices

approved by the department shall be used.

In determining whether to use the leg restraint, officers should consider:

(a) Whether the officer or others could be exposed to injury due to the assaultive or

resistant behavior of a suspect.

(b) Whether it is reasonably necessary to protect the suspect from his/her own actions

(e.g., hitting his/her head against the interior of the patrol unit, running away from the

arresting officer while handcuffed, kicking at objects or officers).

windows of the patrol unit).

302.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS

When applying leg restraints the following guidelines should be followed:

(a) If practicable, officers should notify a supervisor of the intent to apply the leg restraint

device. In all cases, a supervisor shall be notified as soon as practicable after the

application of the leg restraint device.

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(b) Once applied, absent a medical or other emergency, restraints should remain in place

until the officer arrives at the jail or other facility or the person no longer reasonably

appears to pose a threat.

with a seat belt, and shall not be placed on his/her stomach for an extended period,

as this could reduce the person’s ability to breathe.

(d) The restrained person should be continually monitored by an officer while in the leg

restraint. The officer should ensure that the person does not roll onto and remain on

his/her stomach.

(e) The officer should look for signs of labored breathing and take appropriate steps to

relieve and minimize any obvious factors contributing to this condition.

(f) When transported by ambulance/paramedic unit, the restrained person should be

accompanied by an officer when requested by medical personnel. The transporting

officer should describe to medical personnel any unusual behaviors or other

circumstances the officer reasonably believes would be potential safety or medical

risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).

302.8 REQUIRED DOCUMENTATION

If a person is restrained and released without an arrest, the officer shall document the details of

the detention and the need for handcuffs or other restraints.

If a person is arrested, the use of handcuffs or other restraints shall be documented in the related

report.

Officers should document the following information in reports, as appropriate, when restraints

other than handcuffs are used on a person:

(a) The factors that led to the decision to use restraints.

(b) Supervisor notification and approval of restraint use.

(d) The amount of time the suspect was restrained.

(e) How the person was transported and the position of the person during transport.

(f) Observations of the person’s behavior and any signs of physiological problems.

(g) Any known or suspected drug use or other medical problems.

302.9 TRAINING

Subject to available resources, the Training Sergeant should ensure that officers receive periodic

training on the proper use of handcuffs and other restraints, including:

(a) Proper placement and fit of handcuffs and other restraint devices approved for use

by the Department.

(b) Response to complaints of pain by restrained persons.

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chains, or handcuffs behind the body.

(d) Options for restraining amputees or those with medical conditions or other physical

conditions that may be aggravated by being restrained.

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Control Devices and Techniques

303.1 PURPOSE AND SCOPE

This policy provides guidelines for the use and maintenance of control devices that are described

in this policy.

303.2 POLICY

In order to control subjects who are violent or who demonstrate the intent to be violent, the

West Jordan Police Department authorizes officers to use control devices in accordance with the

guidelines in this policy and the Use of Force Policy.

303.3 ISSUING, CARRYING AND USING CONTROL DEVICES

Control devices described in this policy may be carried and used by members of this department

only if the device has been issued by the Department or approved by the Chief of Police or the

authorized designee.

Only officers who have successfully completed department-approved training in the use of any

control device are authorized to carry and use the device.

Control devices may be used when a decision has been made to control, restrain or arrest a

subject who is violent or who demonstrates the intent to be violent, and the use of the device

appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity

to comply should precede the use of these devices.

When using control devices, officers should carefully consider potential impact areas in order to

minimize injuries and unintentional targets.

303.4 RESPONSIBILITIES

303.4.1 WATCH COMMANDER RESPONSIBILITIES

The Watch Commander may authorize the use of a control device by selected personnel or

members of specialized units who have successfully completed the required training.

303.4.2 ARMORER RESPONSIBILITIES

The Armorer shall control the inventory and issuance of all control devices and shall ensure that all

damaged, inoperative, outdated or expended control devices or munitions are properly disposed

of, repaired or replaced.

Every control device will be periodically inspected by the Armorer or the designated instructor for

a particular control device. The inspection shall be documented.

303.4.3 USER RESPONSIBILITIES

All normal maintenance, charging or cleaning shall remain the responsibility of personnel using

the various devices.

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Any damaged, inoperative, outdated or expended control devices or munitions, along with

documentation explaining the cause of the damage, shall be returned to the Armorer for

disposition. Damage to City property forms shall also be prepared and forwarded through the

chain of command, when appropriate, explaining the cause of damage.

303.5 BATON GUIDELINES

The need to immediately control a suspect must be weighed against the risk of causing serious

injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted

except when the officer reasonably believes the suspect poses an imminent threat of serious

bodily injury or death to the officer or others.

When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the

equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in

accordance with the needs of their assignment or at the direction of their supervisor.

303.6 TEAR GAS GUIDELINES

Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based

on the circumstances. Only the Watch Commander, Incident Commander or Crisis Response Unit

Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions

known at the time and determining that such force reasonably appears justified and necessary.

When practicable, fire personnel should be alerted or summoned to the scene prior to the

deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation

if needed.

303.7 OLEORESIN CAPSICUM (OC) GUIDELINES

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.

303.7.1 OC SPRAY

Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt.

Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the

needs of their assignment or at the direction of their supervisor.

303.7.2 PEPPER PROJECTILE SYSTEMS

Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the

compressed gas launcher delivers the projectiles with enough force to burst the projectiles on

impact and release the OC powder, the potential exists for the projectiles to inflict injury if they

strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should

not intentionally target those areas, except when the officer reasonably believes the suspect poses

an imminent threat of serious bodily injury or death to the officer or others.

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Officers encountering a situation that warrants the use of a pepper projectile system shall notify

a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system

incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall

ensure that all notifications and reports are completed as required by the Use of Force Policy.

Each deployment of a pepper projectile system shall be documented. This includes situations

where the launcher was directed toward the suspect, whether or not the launcher was used.

Unintentional discharges shall be promptly reported to a supervisor and documented on the

appropriate report form. Only non-incident use of a pepper projectile system, such as training and

product demonstrations, is exempt from the reporting requirement.

303.7.3 TREATMENT FOR OC SPRAY EXPOSURE

Persons who have been sprayed with or otherwise affected by the use of OC should be promptly

provided with clean water to cleanse the affected areas. Those persons who complain of further

severe effects shall be examined by appropriate medical personnel.

303.8 POST-APPLICATION NOTICE

Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or

other enclosed area, officers should provide the owners or available occupants with notice of

the possible presence of residue that could result in irritation or injury if the area is not properly

cleaned. Such notice should include advisement that clean up will be at the owner’s expense.

Information regarding the method of notice and the individuals notified should be included in

related reports.

303.9 KINETIC ENERGY PROJECTILE GUIDELINES

This department is committed to reducing the potential for violent confrontations. Kinetic energy

projectiles, when used properly, are less likely to result in death or serious physical injury and can

be used in an attempt to de-escalate a potentially deadly situation.

303.9.1 DEPLOYMENT AND USE

Only department-approved kinetic energy munitions shall be carried and deployed. Approved

munitions may be used to compel an individual to cease his/her actions when such munitions

present a reasonable option.

Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics

if the involved officer determines that deployment of these munitions cannot be done safely. The

safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged

in criminal or suicidal behavior.

Circumstances appropriate for deployment include, but are not limited to, situations in which:

(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe

application of approved munitions.

(b) The suspect has made credible threats to harm him/herself or others.

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dangerous projectiles at people and/or officers.

(d) There is probable cause to believe that the suspect has already committed a crime of

violence and is refusing to comply with lawful orders.

303.9.2 DEPLOYMENT CONSIDERATIONS

Before discharging projectiles, the officer should consider such factors as:

(a) Distance and angle to target.

(b) Type of munitions employed.

(d) The subject’s proximity to others.

(e) The location of the subject.

(f) Whether the subject’s actions dictate the need for an immediate response and the use

of control devices appears appropriate.

A verbal warning of the intended use of the device should precede its application, unless it would

otherwise endanger the safety of officers or when it is not practicable due to the circumstances.

The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply

and to warn other officers and individuals that the device is being deployed.

Officers should keep in mind the manufacturer’s recommendations and their training regarding

effective distances and target areas. However, officers are not restricted solely to use according to

manufacturer recommendations. Each situation must be evaluated on the totality of circumstances

at the time of deployment.

The need to immediately incapacitate the subject must be weighed against the risk of causing

serious injury or death. The head and neck should not be intentionally targeted, except when the

officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death

to the officer or others.

303.9.3 SAFETY PROCEDURES

Shotguns specifically designated for use with kinetic energy projectiles will be specially marked

in a manner that makes them readily identifiable as such.

Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the

shotgun is in proper working order and the projectiles are of the approved type and appear to be

free from defects.

When it is not deployed, the shotgun will be unloaded and properly and securely stored in the

vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect

the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the

shotgun.

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Absent compelling circumstances, officers who must transition from conventional ammunition to

kinetic energy projectiles will employ the two-person rule for loading. The two-person rule is a

safety measure in which a second officer watches the unloading and loading process to ensure

that the weapon is completely emptied of conventional ammunition.

303.10 TRAINING FOR CONTROL DEVICES

The Training Sergeant shall ensure that all personnel who are authorized to carry a control device

have been properly trained and certified to carry the specific control device and are retrained or

recertified as necessary.

(a) Proficiency training shall be monitored and documented by a certified, control-device

weapons or tactics instructor.

(b) All training and proficiency for control devices will be documented in the officer’s

training file.

this agency’s Use of Force Policy will be provided remedial training. If an officer cannot

demonstrate proficiency with a control device or knowledge of this agency’s Use of

Force Policy after remedial training, the officer will be restricted from carrying the

control device and may be subject to discipline.

303.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES

Any application of a control device or technique listed in this policy shall be documented in the

related incident report and reported pursuant to the Use of Force Policy.

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Conducted Energy Device

304.1 PURPOSE AND SCOPE

This policy provides guidelines for the issuance and use of CEDs.

304.2 POLICY

The Conducted Energy Device (CED) is intended to control a violent or potentially violent

individual. The appropriate use of such a device should result in fewer serious injuries to officers

and suspects.

304.3 ISSUANCE AND CARRYING CEDS

Only members who have successfully completed department-approved training may be issued

and carry the CED.

CEDs are issued for use during a member’s current assignment. Those leaving a particular

assignment may be required to return the device to the department’s inventory.

Officers shall only use the CED and cartridges that have been issued by the Department.

Uniformed officers who have been issued the CED shall wear the device in an approved holster

on their person. Non-uniformed officers may secure the CED in the driver’s compartment of their

vehicle.

Members carrying the CED should perform a spark test on the unit prior to every shift.

When carried while in uniform, officers shall carry the CED in a weak-side holster on the side

opposite the duty weapon.

(a) All CEDs shall be clearly and distinctly marked to differentiate them from the duty

weapon and any other device.

(b) Whenever practicable, officers should carry two or more cartridges.

and in good working order.

(d) Officers should not hold both a firearm and the CED at the same time.

304.4 VERBAL AND VISUAL WARNINGS

A verbal warning of the intended use of the CED should precede its application, unless it would

otherwise endanger the safety of officers or when it is not practicable due to the circumstances.

The purpose of the warning is to:

(a) Provide the individual with a reasonable opportunity to voluntarily comply.

(b) Provide other officers and individuals with a warning that the CED may be deployed.

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If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer’s lawful

orders and it appears both reasonable and feasible under the circumstances, the officer may, but

is not required to, display the electrical arc (provided that a cartridge has not been loaded into the

device), or the laser in a further attempt to gain compliance prior to the application of the CED. The

aiming laser should never be intentionally directed into the eyes of another as it may permanently

impair his/her vision.

The fact that a verbal or other warning was given or the reasons it was not given shall be

documented by the officer deploying the CED in the related report.

304.5 USE OF CONDUCTIVE ENERGY DEVICE

The CED has limitations and restrictions requiring consideration before its use. The CED should

only be used when its operator can safely approach the subject within the operational range of the

device. Although the CED is generally effective in controlling most individuals, officers should be

aware that the device may not achieve the intended results and be prepared with other options.

304.5.1 APPLICATION OF THE CONDUCTIVE ENERGY DEVICE

The CED may be used in any of the following circumstances, when the circumstances perceived

by the officer at the time indicate that such application is reasonably necessary to control a person:

(a) The subject is violent or is physically resisting.

(b) The subject has demonstrated, by words or action, an intention to be violent or to

physically resist, and reasonably appears to present the potential to harm officers,

him/herself or others.

Mere flight from a pursuing officer, without other known circumstances or factors, is not good

cause for the use of the CED to apprehend an individual.

304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS

The use of the CED on certain individuals should generally be avoided unless the totality of

the circumstances indicates that other available options reasonably appear ineffective or would

present a greater danger to the officer, the subject or others, and the officer reasonably believes

that the need to control the individual outweighs the risk of using the device. This includes:

(a) Individuals who are known to be pregnant.

(b) Elderly individuals or obvious juveniles.

(d) Individuals who are handcuffed or otherwise restrained.

(e) Individuals who have been recently sprayed with a flammable chemical agent or

who are otherwise in close proximity to any known combustible vapor or flammable

material, including alcohol-based oleoresin capsicum (OC) spray.

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(f) Individuals whose position or activity may result in collateral injury (e.g., falls from

height, operating vehicles).

Because the application of the CED in the drive-stun mode (i.e., direct contact without probes)

relies primarily on pain compliance, the use of the drive-stun mode generally should be limited

to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain

separation between officers and the subject, thereby giving officers time and distance to consider

other force options or actions.

The CED shall not be used to psychologically torment, elicit statements or to punish any individual.

304.5.3 TARGETING CONSIDERATIONS

Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest

and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the

application of the CED probes to a precise target area, officers should monitor the condition of the

subject if one or more probes strikes the head, neck, chest or groin until the subject is examined

by paramedics or other medical personnel.

304.5.4 MULTIPLE APPLICATIONS OF THE EMDTDEVICE

Officers should apply the CED for only one standard cycle and then evaluate the situation before

applying any subsequent cycles. Multiple applications of the CED against a single individual

are generally not recommended and should be avoided unless the officer reasonably believes

that the need to control the individual outweighs the potentially increased risk posed by multiple

applications.

If the first application of the CED appears to be ineffective in gaining control of an individual, the

officer should consider certain factors before additional applications of the CED, including:

(a) Whether the probes are making proper contact.

(b) Whether the individual has the ability and has been given a reasonable opportunity

to comply.

Officers should generally not intentionally apply more than one CED at a time against a single

subject.

304.5.5 ACTIONS FOLLOWING DEPLOYMENTS

Officers shall notify a supervisor of all CED discharges. Confetti tags should be collected and

the expended cartridge, along with both probes and wire, should be submitted into evidence.

The cartridge serial number should be noted and documented on the evidence paperwork. The

evidence packaging should be marked "Biohazard" if the probes penetrated the subject’s skin.

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304.5.6 DANGEROUS ANIMALS

The CED may be deployed against an animal as part of a plan to deal with a potentially dangerous

animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human

safety and alternative methods are not reasonably available or would likely be ineffective.

304.5.7 TASER CAM™

The TASER CAM is activated any time the safety is in the off position. The safety should be in

the safe position unless the officer intends to use the device. Because the TASER CAM memory

is limited, the video and audio data should be downloaded frequently and retained as required by

the department records retention schedule.

304.5.8 OFF-DUTY CONSIDERATIONS

Officers are not authorized to carry department CEDs while off-duty.

Officers shall ensure that CEDs are secured while in their homes, vehicles or any other area under

their control, in a manner that will keep the device inaccessible to others.

304.6 DOCUMENTATION

Officers shall document all CED discharges in the related arrest/crime report and the CED report

form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy.

Unintentional discharges, pointing the device at a person, laser activation, and arcing the device,

other than testing purposes will also be documented on the report form (Utah Code 53-13-116).

304.6.1 CED FORM

Items that shall be included in the CED report form are:

(a) The type and brand of CED and cartridge and cartridge serial number.

(b) Date, time and location of the incident.

(d) The number of CED activations, the duration of each cycle, the duration between

activations, and (as best as can be determined) the duration that the subject received

applications.

(e) The range at which the CED was used.

(f) The type of mode used (probe or drive-stun).

(g) Location of any probe impact.

(h) Location of contact in drive-stun mode.

(i) Description of where missed probes went.

(j) Whether medical care was provided to the subject.

(k) Whether the subject sustained any injuries.

(l) Whether any officers sustained any injuries.

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The Training Sergeant should periodically analyze the report forms to identify trends, including

deterrence and effectiveness. The Training Sergeant should also conduct audits of data

downloads and reconcile CED report forms with recorded activations. CED information and

statistics, with identifying information removed, should periodically be made available to the public.

304.6.2 REPORTS

The officer should include the following in the arrest/crime report:

(a) Identification of all personnel firing CEDs

(b) Identification of all witnesses

(d) Observations of the subject’s physical and physiological actions

(e) Any known or suspected drug use, intoxication or other medical problems

304.7 MEDICAL TREATMENT

Consistent with local medical personnel protocols and absent extenuating circumstances, only

appropriate medical personnel should remove CED probes from a person’s body. Used CED

probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled

appropriately. Universal precautions should be taken.

All persons who have been struck by CED probes or who have been subjected to the electric

discharge of the device or who sustained direct exposure of the laser to the eyes shall be medically

assessed prior to booking. Additionally, any such individual who falls under any of the following

categories should, as soon as practicable, be examined by paramedics or other qualified medical

personnel:

(a) The person is suspected of being under the influence of controlled substances and/

or alcohol.

(b) The person may be pregnant.

(d) The CED probes are lodged in a sensitive area (e.g., groin, female breast, head, face,

neck).

(e) The person requests medical treatment.

Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications

(i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically

evaluated prior to booking. If any individual refuses medical attention, such a refusal should be

witnessed by another officer and/or medical personnel and shall be fully documented in related

reports. If an audio recording is made of the contact or an interview with the individual, any refusal

should be included, if possible.

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The transporting officer shall inform any person providing medical care or receiving custody that

the individual has been subjected to the application of the CED (see the Medical and Response

Policy).

304.8 SUPERVISOR RESPONSIBILITIES

When possible, supervisors should respond to calls when they reasonably believe there is a

likelihood the CED may be used. A supervisor should respond to all incidents where the CED

was activated.

A supervisor should review each incident where a person has been exposed to an activation of the

CED. The device’s onboard memory should be downloaded through the data port by a supervisor

or Armorer and saved with the related arrest/crime report. Photographs of probe sites should be

taken and witnesses interviewed.

304.9 TRAINING

Personnel who are authorized to carry the CED shall be permitted to do so only after successfully

completing the initial department-approved training. Any personnel who have not carried the CED

as a part of their assignment for a period of six months or more shall be recertified by a department-

approved CED instructor prior to again carrying or using the device.

Proficiency training for personnel who have been issued CEDs should occur every year. A

reassessment of an officer’s knowledge and/or practical skill may be required at any time if deemed

appropriate by the Training Sergeant. All training and proficiency for CEDs will be documented

in the officer’s training file.

Command staff, supervisors and investigators should receive CED training as appropriate for the

investigations they conduct and review.

Officers who do not carry CEDs should receive training that is sufficient to familiarize them with

the device and with working with officers who use the device.

The Training Sergeant is responsible for ensuring that all members who carry CEDs have received

initial and annual proficiency training. Periodic audits should be used for verification.

Application of CEDs during training could result in injury to personnel and should not be mandatory

for certification.

The Training Sergeant should ensure that all training includes:

(a)

A review of this policy.

(b)

A review of the Use of Force Policy.

(c)

Performing weak-hand draws or cross-draws to reduce the possibility of

unintentionally drawing and firing a firearm.

(d)

Target area considerations, to include techniques or options to reduce the

unintentional application of probes near the head, neck, chest and groin.

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(e)

Handcuffing a subject during the application of the CED and transitioning to other force

options.

(f)

De-escalation techniques.

(g)

Restraint techniques that do not impair respiration following the application of the CED.

Policy

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Officer-Involved Shootings and Deaths

305.1 PURPOSE AND SCOPE

The purpose of this policy is to establish policy and procedures for the investigation of an incident

in which a person is injured or dies as the result of an officer-involved shooting or dies as a result

of other action of an officer.

In other incidents not covered by this policy, the Chief of Police may decide that the investigation

will follow the process provided in this policy.

305.2 POLICY

The policy of the West Jordan Police Department is to ensure that officer-involved shootings and

deaths are investigated in a thorough, fair and impartial manner.

305.3 TYPES OF INVESTIGATIONS

Officer-involved shootings and deaths involve several separate investigations. The investigations

may include:

(a)

A criminal investigation of the suspect's actions.

(b)

A criminal investigation of the involved officer's actions.

(c)

An administrative investigation as to policy compliance by involved officers.

(d)

A civil investigation to determine potential liability.

305.4 CONTROL OF INVESTIGATIONS

Investigators from surrounding agencies may be assigned to work on the criminal investigation of

officer-involved shootings and deaths. This may include at least one investigator from the agency

that employs the involved officer.

Jurisdiction is determined by the location of the shooting or death and the agency employing the

involved officer. The following scenarios outline the jurisdictional responsibilities for investigating

officer-involved shootings and deaths.

305.4.1 CRIMINAL INVESTIGATION OF OFFICER ACTIONS

The control of the criminal investigation into the involved officer’s conduct during the incident

will be determined by the employing agency’s protocol. When an officer from this department is

involved, the criminal investigation will be handled according to the Criminal Investigation section

of this policy.

Requests made of this department to investigate a shooting or death involving an outside agency’s

officer shall be referred to the Chief of Police or the authorized designee for approval.

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305.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS

The investigation of any possible criminal conduct by the suspect is controlled by the agency in

whose jurisdiction the suspect’s crime occurred. For example, the West Jordan Police Department

would control the investigation if the suspect’s crime occurred in West Jordan.

If multiple crimes have been committed in multiple jurisdictions, identification of the agency that

will control the investigation may be reached in the same way as with any other crime. The

investigation may be conducted by the agency in control of the criminal investigation of the involved

officer, at the discretion of the Chief of Police and with concurrence from the other agency.

305.4.1 ADMINISTRATIVE AND CIVIL INVESTIGATION

Regardless of where the incident occurs, the administrative and civil investigation of each involved

officer is controlled by the respective employing agency.

305.5 INVESTIGATION PROCESS

The following procedures are guidelines used in the investigation of an officer-involved shooting

or death.

305.5.1 UNINVOLVED OFFICER RESPONSIBILITIES

Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved WJPD officer

will be the officer-in-charge and will assume the responsibilities of a supervisor until properly

relieved. This officer should, as appropriate:

(a) Secure the scene and identify and eliminate hazards for all those involved.

(b) Take reasonable steps to obtain emergency medical attention for injured individuals.

(d) Coordinate a perimeter or pursuit of suspects.

(e) Check for injured persons and evacuate as needed.

(f) Brief the supervisor upon arrival.

305.5.2 SUPERVISOR RESPONSIBILITIES

Upon arrival at the scene, the first uninvolved WJPD supervisor should ensure completion of the

duties as outlined above, plus:

(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.

1. In the event that there are no uninvolved officers who can supply adequate

overview, the supervisor should attempt to obtain a brief voluntary overview from

one involved officer.

(b) If necessary, the supervisor may administratively order any WJPD officer to

immediately provide public safety information necessary to secure the scene, identify

injured parties and pursue suspects.

1. Public safety information shall be limited to such things as outstanding suspect

information, number and direction of any shots fired, perimeter of the incident

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scene, identity of known or potential witnesses and any other pertinent

information.

2. The initial on-scene supervisor should not attempt to order any involved officer

to provide any information other than public safety information.

sensitive information should be communicated over secure networks.

(d) Take command of and secure the incident scene with additional WJPD members until

properly relieved by another supervisor or other assigned personnel or investigator.

(e) As soon as practicable, ensure that involved officers are transported (separately, if

feasible) to a suitable location for further direction.

1. Each involved WJPD officer should be given an administrative order not to

discuss the incident with other involved officers or WJPD members pending

further direction from a supervisor.

2. When an involved officer’s weapon is taken or left at the scene for other than

officer-safety reasons (e.g., evidence), ensure that he/she is provided with a

comparable replacement weapon or transported by other officers.

305.5.3 WATCH COMMANDER RESPONSIBILITIES

Upon learning of an officer-involved shooting or death, the Watch Commander shall be responsible

for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Division

Chief.

All outside inquiries about the incident shall be directed to the Watch Commander.

305.5.4 NOTIFICATIONS

The following persons shall be notified as soon as practicable:

•

Chief of Police

•

Investigation Division Chief

•

OICI Protocol rollout team

•

Outside agency investigators (if appropriate)

•

Internal Affairs Unit supervisor

•

Civil liability response team

•

Psychological/peer support personnel

•

Chaplain

•

Medical Examiner (if necessary)

•

Involved officer’s agency representative (if requested)

•

Public Information Officer

•

Prosecuting Attorney (Utah Code 76-2-408)

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305.5.5 INVOLVED OFFICERS

The following shall be considered for the involved officer:

(a) Any request for legal or union representation will be accommodated.

1. Involved WJPD officers shall not be permitted to meet collectively or in a group

with an attorney or any representative prior to providing a formal interview or

report.

2. Requests from involved non-WJPD officers should be referred to their employing

agency.

(b) Discussions with licensed attorneys will be considered privileged as attorney-client

communications.

to the discussion of non-criminal information.

(d) A licensed psychotherapist shall be provided by the Department to each involved

WJPD officer. A licensed psychotherapist may also be provided to any other affected

WJPD members, upon request.

1. Interviews with a licensed psychotherapist will be considered privileged.

2. An interview or session with a licensed psychotherapist may take place prior to

the member providing a formal interview or report. However, involved members

shall not be permitted to consult or meet collectively or in a group with a licensed

psychotherapist prior to providing a formal interview or report.

3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty

Policy).

(e) Communications with a peer support team member will be considered privileged to

the extent provided in Utah Code 78B-5-903.

Care should be taken to preserve the integrity of any physical evidence present on the involved

officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel

can properly retrieve it.

Each involved WJPD officer shall be given reasonable paid administrative leave following an

officer-involved shooting or death. It shall be the responsibility of the Watch Commander to make

schedule adjustments to accommodate such leave.

305.6 CRIMINAL INVESTIGATION

The Prosecuting Attorney's Office is responsible for the criminal investigation into the

circumstances of any officer-involved shooting or death.

If available, investigative personnel from this department may be assigned to partner with

investigators from outside agencies or the Prosecuting Attorney's Office to avoid duplicating efforts

in related criminal investigations.

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Once public safety issues have been addressed, criminal investigators should be given the

opportunity to obtain a voluntary statement from involved officers and to complete their interviews.

The following shall be considered for the involved officer:

(a) WJPD supervisors and Internal Affairs Unit personnel should not participate directly

in any voluntary interview of WJPD officers. This will not prohibit such personnel from

monitoring interviews or providing the criminal investigators with topics for inquiry.

(b) If requested, any involved officer will be afforded the opportunity to consult individually

with a representative of his/her choosing or an attorney prior to speaking with criminal

investigators. However, in order to maintain the integrity of each involved officer’s

statement, involved officers shall not consult or meet with a representative or an

attorney collectively or in groups prior to being interviewed.

a voluntary statement when interviewed by criminal investigators, consideration

should be given to allowing a reasonable period for the officer to schedule an alternate

time for the interview.

(d) Any voluntary statement provided by an involved officer will be made available for

inclusion in any related investigation, including administrative investigations. However,

no administratively coerced statement will be provided to any criminal investigators

unless the officer consents.

305.6.1 REPORTS BY INVOLVED WJPD OFFICERS

In the event that suspects remain outstanding or subject to prosecution for related offenses,

this department shall retain the authority to require involved WJPD officers to provide sufficient

information for related criminal reports to facilitate the apprehension and prosecution of those

individuals.

While the involved WJPD officers may write the report, it is generally recommended that such

reports be completed by assigned investigators, who should interview all involved officers as

victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution,

statements of involved officers should focus on evidence to establish the elements of criminal

activities by suspects. Care should be taken not to duplicate information provided by involved

officers in other reports.

Nothing in this section shall be construed to deprive an involved WJPD officer of the right to consult

with legal counsel prior to completing any such criminal report.

Reports related to the prosecution of criminal suspects will be processed according to normal

procedures but should also be included for reference in the investigation of the officer-involved

shooting or death.

305.6.2 WITNESS IDENTIFICATION AND INTERVIEWS

Because potential witnesses to an officer-involved shooting or death may become unavailable

or the integrity of their statements compromised with the passage of time, a supervisor should

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take reasonable steps to promptly coordinate with criminal investigators to utilize available law

enforcement personnel for the following:

(a) Identification of all persons present at the scene and in the immediate area.

1. When feasible, a recorded statement should be obtained from those persons

who claim not to have witnessed the incident but who were present at the time

it occurred.

2. Any potential witness who is unwilling or unable to remain available for a formal

interview should not be detained absent reasonable suspicion to detain or

probable cause to arrest. Without detaining the individual for the sole purpose

of identification, attempts to identify the witness prior to his/her departure should

be made whenever feasible.

(b) Witnesses who are willing to provide a formal interview should be asked to meet at a

suitable location where criminal investigators may obtain a recorded statement. Such

witnesses, if willing, may be transported by a member of the Department.

1. A written, verbal or recorded statement of consent should be obtained prior to

transporting a witness. When the witness is a minor, consent should be obtained

from the parent or guardian, if available, prior to transportation.

and untainted background information about the suspect’s activities and state of mind

prior to the incident.

305.6.3 INVESTIGATIVE PERSONNEL

Once notified of an officer-involved shooting or death, it shall be the responsibility of the

designated Detective Bureau supervisor to assign appropriate investigative personnel to handle

the investigation of related crimes. Department investigators will be assigned to work with

investigators from the Prosecuting Attorney's Office and may be assigned to separately handle the

investigation of any related crimes not being investigated by the Prosecuting Attorney's Office.

All related department reports, except administrative and/or privileged reports, will be forwarded

to the designated Detective Bureau supervisor for approval. Privileged reports shall be maintained

exclusively by members who are authorized such access. Administrative reports will be forwarded

to the appropriate Division Chief.

305.6.4 STATUTORY MANDATES RELATED TO CRIMINAL INVESTIGATIONS OF

CRITICAL INCIDENTS

The Watch Commander shall notify the Prosecuting Attorney as soon as practical if the following

critical incidents occur within the jurisdiction of the West Jordan Police Department, whether or

not an involved law enforcement officer is a department member (Utah Code 76-2-408):

(a) Use of a firearm that caused an injury by a law enforcement officer or any other use

of a weapon by a law enforcement officer in a manner that could have caused death

or serious injury (e.g., a blow to the head of a person with a baton).

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(b) A fatal injury to any person that could have been caused by a law enforcement officer

or while the person was in the custody of a law enforcement agency.

The Chief of Police or authorized designee and the Prosecuting Attorney shall jointly designate

an agency to criminally investigate the actions of a law enforcement officer involved in a critical

incident, as appropriate, and may jointly designate a lead agency if more than one agency will

be involved. An agency other than the West Jordan Police Department will criminally investigate

the actions of members who may have caused or contributed to a critical incident (Utah Code

76-2-408).

305.7 ADMINISTRATIVE INVESTIGATION

In addition to all other investigations associated with an officer-involved shooting or death, this

department will conduct an internal administrative investigation to determine conformance with

all department policy. This investigation will be conducted under the supervision of the Internal

Affairs Unit and will be considered a confidential officer personnel file.

Interviews of members shall be subject to department policies and applicable laws.

(a)

Any officer involved in a shooting or death may be requested or administratively

compelled to provide a blood sample for alcohol/drug screening. Absent consent from

the officer, such compelled samples and the results of any such testing shall not be

disclosed to any criminal investigative agency.

(b)

If any officer has voluntarily elected to provide a statement to criminal investigators, the

assigned administrative investigator should review that statement before proceeding

with any further interview of that involved officer.

If a further interview of the officer is deemed necessary to determine policy

compliance, care should be taken to limit the inquiry to new areas with minimal, if

any, duplication of questions addressed in the voluntary statement. The involved

officer shall be provided with a copy of his/her prior statement before proceeding

with any subsequent interviews.

(c)

In the event that an involved officer has elected not to provide criminal investigators

with a voluntary statement, the assigned administrative investigator shall conduct an

administrative interview to determine all relevant information.

Although this interview should not be unreasonably delayed, care should be

taken to ensure that the officer’s physical and psychological needs have been

addressed before commencing the interview.

If requested, the officer shall have the opportunity to select an uninvolved

representative to be present during the interview. However, in order to maintain

the integrity of each individual officer's statement, involved officers shall not

consult or meet with a representative or attorney collectively or in a group prior

to being interviewed.

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Administrative interviews should be recorded by the investigator. The officer may

also record the interview.

The officer shall be informed of the nature of the investigation. If an officer

refuses to answer questions, he/she should be given his/her Garrity rights and

ordered to provide full and truthful answers to all questions. The officer shall be

informed that the interview will be for administrative purposes only and that the

statement cannot be used criminally.

The Internal Affairs Unit shall compile all relevant information and reports

necessary for the Department to determine compliance with applicable policies.

Regardless of whether the use of force is an issue in the case, the completed

administrative investigation shall be submitted to the Use of Force Review

Board, which will restrict its findings as to whether there was compliance with

the Use of Force Policy.

Any other indications of a potential violation of any policy shall be determined in

accordance with standard disciplinary procedures.

305.8 CIVIL LIABILITY RESPONSE

A member of this department may be assigned to work exclusively under the direction of the

legal counsel for the Department to assist in the preparation of materials deemed necessary in

anticipation of potential civil litigation.

All materials generated in this capacity shall be considered attorney work product and may not be

used for any other purpose. The civil liability response is not intended to interfere with any other

investigation but shall be given reasonable access to all other investigations.

305.9 AUDIO AND VIDEO RECORDINGS

Any officer involved in a shooting or death may be permitted to review available Mobile Audio/

Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded

statement or completing reports.

Upon request, non-law enforcement witnesses who are able to verify their presence and their

ability to contemporaneously perceive events at the scene of an incident may also be permitted

to review available MAV, body-worn video, or other video or audio recordings with the approval

of assigned investigators or a supervisor.

Any MAV, body-worn and other known video or audio recordings of an incident should not be

publicly released during an ongoing investigation without consulting the prosecuting attorney

or City Attorney’s Office, as appropriate.

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305.10 DEBRIEFING

Following an officer-involved shooting or death, the West Jordan Police Department should

conduct both a critical incident/stress debriefing and a tactical debriefing.

305.10.1 CRITICAL INCIDENT/STRESS DEBRIEFING

A critical incident/stress debriefing should occur as soon as practicable.

The Administration Division Chief is responsible for organizing the debriefing. Notes and recorded

statements should not be taken because the sole purpose of the debriefing is to help mitigate the

stress-related effects of a traumatic event.

The debriefing is not part of any investigative process. Care should be taken not to release or

repeat any communication made during a debriefing unless otherwise authorized by policy, law

or a valid court order.

Attendance at the debriefing shall only include those members of the Department directly involved

in the incident, which can include support personnel (e.g., dispatcher, other non-sworn). Family

or other support personnel may attend with the concurrence of those involved in the incident.

The debriefing shall be closed to the public and should be closed to all other members of the

Department, including supervisory and Internal Affairs Unit personnel.

305.10.2 TACTICAL DEBRIEFING

A tactical debriefing should take place to identify any training or areas of policy that need

improvement. The Chief of Police should identify the appropriate participants. This debriefing

should not be conducted until all involved members have provided recorded or formal statements

to criminal and/or administrative investigators.

305.11 MEDIA RELATIONS

Any media release shall be prepared with input and concurrence from the supervisor and

department representative responsible for each phase of the investigation. Releases will be

available to the Watch Commander, Investigation Division Chief and Public Information Officer in

the event of inquiries from the media.

No involved WJPD officer shall make any comment to the media unless he/she is authorized by

the Chief of Police or a Division Chief.

Department members receiving inquiries regarding officer-involved shootings or deaths occurring

in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency

having jurisdiction and primary responsibility for the investigation.

305.11.1 DEPARTMENT WEBSITE

This policy shall be published on the department website along with any related written procedures

and protocols (Utah Code 76-2-408).

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Firearms

306.1 PURPOSE AND SCOPE

This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms

maintenance, and firearms training.

This policy does not apply to issues related to the use of firearms that are addressed in the Use

of Force or Officer-Involved Shootings and Deaths policies.

This policy only applies to those members who are authorized to carry firearms.

306.2 POLICY

The West Jordan Police Department will equip its members with firearms to address the risks

posed to the public and department members by violent and sometimes well-armed persons.

The Department will ensure firearms are appropriate and in good working order and that relevant

training is provided as resources allow.

306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS

Members shall only use firearms that are issued or approved by the Department and have been

thoroughly inspected by the Training Sergeant or their designee. Except in an emergency or as

directed by a supervisor, no firearm shall be carried by a member who has not qualified with that

firearm at an authorized department range.

All other weapons not provided by the Department, including, but not limited to, edged weapons,

chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law

or that is not covered elsewhere by department policy, may not be carried by members in the

performance of their official duties without the express written authorization of the member’s

Division Chief. This exclusion does not apply to the carrying of a single folding pocketknife that

is not otherwise prohibited by law.

306.3.1 HANDGUNS

The authorized department-issued handgun is the Glock Model 17. 9mm. The following additional

handguns are approved for on-duty use:

MAKE MODEL CALIBER

Glock 19 9mm

Glock 34 9mm

Glock 43 9mm

Glock 45 9mm

Glock 22 40 cal

Glock 35 40 cal

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306.3.2 SHOTGUNS

The authorized department-issued shotgun is the Remington 870 12 gauge. The following

additional shotguns are approved for on-duty use:

Make Model Caliber

Mossberg 590

Benelli M1

Benelli M4

When not deployed, the shotgun shall be properly secured consistent with department training in

a locking weapons rack in the patrol vehicle.

306.3.3 PATROL RIFLES

The authorized department-issued patrol rifle is the Colt AR-15.223. The following additional patrol

rifles are approved for on-duty use:

Make Model Caliber

Rock River AR-15

Colt M4

Primary Weapon System

Members may deploy the patrol rifle in any circumstance where the member can articulate a

reasonable expectation that the rifle may be needed. Examples of some general guidelines for

deploying the patrol rifle may include, but are not limited to:

(a) Situations where the member reasonably anticipates an armed encounter.

(b) When a member is faced with a situation that may require accurate and effective fire

at long range.

suspect's firepower.

(d) When a member reasonably believes that there may be a need to fire on a barricaded

person or a person with a hostage.

(e) When a member reasonably believes that a suspect may be wearing body armor.

(f) When authorized or requested by a supervisor.

(g) When needed to euthanize an animal.

When not deployed, the patrol rifle shall be properly secured consistent with department training

in a locking weapons rack in the patrol vehicle.

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306.3.4 PERSONALLY OWNED DUTY FIREARMS

Members desiring to carry an authorized but personally owned duty firearm must receive written

approval from the Chief of Police or the authorized designee. Once approved, personally owned

duty firearms are subject to the following restrictions:

(a) The firearm shall be in good working order and on the department list of approved

firearms.

(b) The Training Sergeant or their designee shall inspect the firearm before being carried

and, after that, shall be subject to inspection whenever it is deemed necessary.

thereafter shall qualify per the department qualification schedule. Members must

demonstrate proficiency and safe handling, and that the firearm functions correctly.

(d) Members shall provide written notice of the make, model, color, serial number, and

caliber of the firearm to the Training Sergeant, or their designee, who will maintain a

list of the information.

306.3.5 AUTHORIZED SECONDARY HANDGUN

Members desiring to carry Department or personally owned secondary handguns are subject to

the following restrictions:

(a) The handgun shall be in good working order and on the department list of approved

firearms.

(b) Only one secondary handgun may be carried at a time.

member unless the handgun and ammunition are provided by the Department.

(d) The handgun shall be carried concealed at all times and in such a manner as to prevent

unintentional cocking, discharge, or loss of physical control.

(e) The handgun shall be inspected by the Training Sergeant or their designee prior to

being carried and thereafter shall be subject to inspection whenever it is deemed

necessary.

(f) Ammunition shall be the same as the department issue. If the caliber of the handgun is

other than the department issue, the Chief of Police or the authorized designee shall

approve the ammunition.

(g) Prior to carrying the secondary handgun, members shall qualify under range

supervision and thereafter shall qualify in accordance with the department qualification

schedule. Members must demonstrate proficiency and safe handling, and that the

handgun functions correctly.

(h) Members shall provide written notice of the make, model, color, serial number, and

caliber of a secondary handgun to the Training Sergeant or their designee, who will

maintain a list of the information.

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306.3.6 AUTHORIZED OFF-DUTY FIREARMS

The carrying of firearms by members while off-duty is permitted by the Chief Of Police but may

be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to

carry a firearm while off-duty, based on their authority as peace officers, will be required to meet

the following guidelines:

(a) A personally owned firearm shall be used, carried, and inspected in accordance with

the Personally Owned Duty Firearms requirements in this policy.

(a) The purchase of the personally owned firearm and ammunition shall be the

responsibility of the member.

(b) The firearm shall be carried concealed at all times and in such a manner as to prevent

unintentional cocking, discharge, or loss of physical control.

or their designee for inspection prior to being personally carried. Thereafter the firearm

shall be subject to periodic inspection.

(d) Prior to carrying any off-duty firearm, the member shall demonstrate he/she is

proficient in handling and firing the firearm and that it will be carried in a safe manner.

(e) The member will successfully qualify with the firearm prior to it being carried.

(f) Members shall provide written notice of the make, model, color, serial number, and

caliber of the firearm to the Training Sergeant or their designee, who will maintain a

list of the information.

(g) If a member desires to use more than one firearm while off-duty, he/she may do so,

as long as all requirements set forth in this policy for each firearm are met.

(h) Members shall only carry department-authorized ammunition.

(i) When armed, officers shall carry their badges and West Jordan identification cards

under circumstances requiring possession of such identification.

306.3.7 AMMUNITION

Members shall carry only department-authorized ammunition. Members shall be issued fresh

duty ammunition in the specified quantity for all department-issued firearms during the member’s

firearms qualification. Replacements for unserviceable or depleted ammunition issued by the

Department shall be dispensed when needed, in accordance with established policy.

Members carrying personally owned authorized firearms of a caliber differing from department-

issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the

above, at their own expense.

306.4 EQUIPMENT

Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance

and repair of authorized personally owned firearms are the responsibility of the individual member.

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306.4.1 REPAIRS OR MODIFICATIONS

Each member shall be responsible for promptly reporting any damage or malfunction of an

assigned firearm to a supervisor or the Armorer.

Firearms that are the property of the Department or personally owned firearms that are approved

for department use may be repaired or modified only by a person who is department-approved

and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or

repair must be authorized in advance by the Armorer.

Any repairs or modifications to the member’s personally owned firearm shall be done at his/her

expense and must be approved by the Armorer.

306.4.2 HOLSTERS

Only department-approved holsters shall be used and worn by members. Members shall

periodically inspect their holsters to make sure they are serviceable and provide the proper security

and retention of the handgun.

306.4.3 TACTICAL LIGHTS

Tactical lights may only be installed on a firearm carried on- or off-duty after they have been

examined and approved by the Armorer. Once the approved tactical lights have been properly

installed on any firearm, the member shall qualify with the firearm to ensure proper functionality

and sighting of the firearm prior to carrying it.

306.4.4 OPTICS OR LASER SIGHTS

Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have

been examined and approved by the Armorer. Any approved sight shall only be installed in strict

accordance with manufacturer specifications. Once approved sights have been properly installed

on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting

of the firearm prior to carrying it.

Except in an approved training situation, a member may only sight in on a target when the member

would otherwise be justified in pointing a firearm at the target.

306.5 SAFE HANDLING, INSPECTION AND STORAGE

Members shall maintain the highest level of safety when handling firearms and shall consider the

following:

(a) Members shall not unnecessarily display or handle any firearm.

(b) Members shall be governed by all rules and regulations pertaining to the use of the

range and shall obey all orders issued by the Armorer. Armorer

except where clearing barrels are present.

(d) Shotguns or rifles removed from vehicles or the equipment storage room shall be

loaded and unloaded in the parking lot and outside of the vehicle.

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(e) Members shall not place or store any firearm or other weapon on department premises

except where the place of storage is locked. No one shall carry firearms into the jail

section or any part thereof when securing or processing an arrestee, but shall place all

firearms in a secured location. Members providing access to the jail section to persons

from outside agencies are responsible for ensuring firearms are not brought into the

jail section.

(f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of

chemical weapon or firearm from the armory, except with approval of a supervisor.

(g) Any firearm authorized by the Department to be carried on- or off-duty that is

determined by a member to be malfunctioning or in need of service or repair shall not

be carried. It shall be promptly presented to the Department or an Armorer approved

by the Department for inspection and repair. Any firearm deemed in need of repair or

service by the Armorer will be immediately removed from service. If the firearm is the

member’s primary duty firearm, a replacement firearm will be issued to the member

until the duty firearm is serviceable.

306.5.1 STORAGE AT HOME

Members shall ensure that all firearms and ammunition are locked and secured while in their

homes, vehicles or any other area under their control, and in a manner that will keep them

inaccessible to children and others who should not have access. Members shall not permit

department-issued firearms to be handled by anyone not authorized by the Department to do so.

Members should be aware that negligent storage of a firearm could result in civil liability.

306.5.2 ALCOHOL AND DRUGS

Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount

of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof

that would tend to adversely affect the member’s senses or judgment.

306.6 FIREARMS TRAINING AND QUALIFICATIONS

All members who carry a firearm while on-duty are required to successfully complete regular

training with their duty firearms. In addition to regular training, all members will qualify at least

annually with their firearms.

At least annually, all members carrying a firearm should receive practical training designed to

simulate field situations including low-light shooting.

306.6.1 NON-CERTIFICATION OR NON-QUALIFICATION

If any member fails to meet minimum standards for firearms training or qualification for any

reason, including injury, illness, duty status or scheduling conflict, that member shall submit

a memorandum to his/her immediate supervisor prior to the end of the required training or

qualification period.

Those who fail to meet minimum standards or qualify on their first shooting attempt shall be

provided remedial training and will be subject to the following requirements:

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(a) Additional range assignments may be scheduled to assist the member in

demonstrating consistent firearm proficiency.

(b) Members shall be given credit for a range training or qualification when obtaining a

qualifying score or meeting standards after remedial training.

1. Unauthorized range make-up

2. Failure to meet minimum standards or qualify after remedial training

Members who repeatedly fail to meet minimum standards will be removed from field assignment

and may be subject to disciplinary action.

306.7 FIREARM DISCHARGE

Except during training or recreational use, any member who discharges a firearm intentionally

or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as

circumstances permit. If the discharge results in injury or death to another person, additional

statements and reports shall be made in accordance with the Officer-Involved Shootings and

Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere

to the additional reporting requirements set forth in the Use of Force Policy.

In all other cases, written reports shall be made as follows:

(a) If on-duty at the time of the incident, the member shall file a written report with his/

her Division Chief or provide a recorded statement to investigators prior to the end of

shift, unless otherwise directed.

(b) If off-duty at the time of the incident, a written report shall be submitted or a recorded

statement provided no later than the end of the next regularly scheduled shift, unless

otherwise directed by a supervisor.

306.7.1 DESTRUCTION OF ANIMALS

Members are authorized to use firearms to stop an animal in circumstances where the animal

reasonably appears to pose an imminent threat to human safety and alternative methods are not

reasonably available or would likely be ineffective.

In circumstances where there is sufficient advance notice that a potentially dangerous animal

may be encountered, department members should develop reasonable contingency plans for

dealing with the animal (e.g., fire extinguisher, CED, oleoresin capsicum (OC) spray, animal

control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal

if circumstances reasonably dictate that a contingency plan has failed or becomes impractical.

306.7.2 INJURED ANIMALS

With the approval of a supervisor, a member may euthanize an animal that is so badly injured

that human compassion requires its removal from further suffering and where other dispositions

are impractical.

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306.7.3 WARNING AND OTHER SHOTS

Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may

not be discharged unless the member reasonably believes that they appear necessary, effective

and reasonably safe.

306.8 ARMORER DUTIES

The Training Sergeant or their designee has the responsibility of making periodic inspection,

at least once a year, of all duty weapons carried by officers of the Department to verify proper

operation. The Training Sergeant has the authority to deem any privately owned weapon unfit for

service. The officer will be responsible for all repairs to his/her personally owned weapon, and it

will not be returned to service until inspected by the Armorer.

The Training Sergeant has the responsibility for ensuring each member meets the minimum

requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency

in the care, cleaning, and safety of all firearms the member is authorized to carry.

306.9 FLYING WHILE ARMED

The Transportation Security Administration (TSA) has imposed rules governing law enforcement

officers flying armed on commercial aircraft. The following requirements apply to officers who

intend to be armed while flying on a commercial air carrier or flights where screening is conducted

(49 CFR 1544.219):

(a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation

or pleasure, and must have a need to have the firearm accessible, as determined by

the Department based on the law and published TSA rules.

(b) Officers must carry their West Jordan Police Department identification card, bearing

the officer’s name, a full-face photograph, identification number, the officer’s signature

and the signature of the Chief of Police or the official seal of the Department and must

present this identification to airline officials when requested. The officer should also

carry the standard photo identification needed for passenger screening by airline and

TSA officials (e.g., driver license, passport).

Telecommunications System (NLETS) message prior to the officer’s travel. If

approved, TSA will send the West Jordan Police Department an NLETS message

containing a unique alphanumeric identifier. The officer must present the message on

the day of travel to airport personnel as authorization to travel while armed.

(d) An official letter signed by the Chief of Police authorizing armed travel may also

accompany the officer. The letter should outline the officer’s need to fly armed, detail

his/her itinerary, and should include that the officer has completed the mandatory TSA

training for a law enforcement officer flying while armed.

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(e) Officers must have completed the mandated TSA security training covering

officers flying while armed. The training shall be given by the department-appointed

instructor.

(f) It is the officer’s responsibility to notify the air carrier in advance of the intended

armed travel. This notification should be accomplished by early check-in at the carrier’s

check-in counter.

(g) Any officer flying while armed should discreetly contact the flight crew prior to take-off

and notify them of his/her assigned seat.

(h) Discretion must be used to avoid alarming passengers or crew by displaying a

firearm. The officer must keep the firearm concealed on his/her person at all times.

Firearms are not permitted in carry-on luggage and may not be stored in an overhead

compartment.

(i) Officers should try to resolve any problems associated with flying armed through the

flight captain, ground security manager, TSA representative or other management

representative of the air carrier.

(j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight

hours prior to boarding an aircraft.

306.10 CARRYING FIREARMS OUT OF STATE

Qualified, active, full-time officers of this department are authorized to carry a concealed firearm

in all other states subject to the following conditions (18 USC § 926B):

(a) The officer shall carry his/her West Jordan Police Department identification card

whenever carrying such firearm.

(b) The officer is not the subject of any current disciplinary action.

hallucinatory drug.

(d) The officer will remain subject to this and all other department policies (including

qualifying and training).

Officers are cautioned that individual states may enact local regulations that permit private

persons or entities to prohibit or restrict the possession of concealed firearms on their property,

or that prohibit or restrict the possession of firearms on any state or local government property,

installation, building, base or park. Federal authority may not shield an officer from arrest and

prosecution in such locally restricted areas.

Active law enforcement officers from other states are subject to all requirements set forth in 18

USC § 926B.

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Vehicle Pursuits

307.1 PURPOSE AND SCOPE

Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk

of serious injury or death. The primary purpose of this policy is to provide officers with guidance

in balancing the safety of the public and themselves against law enforcement's duty to apprehend

violators of the law. Another purpose of this policy is to minimize the potential for pursuit-related

collisions. Vehicular pursuits require officers to exhibit a high degree of common sense and sound

judgment. Officers must not forget that the immediate apprehension of a suspect is generally not

more important than the safety of the public and pursuing officers.

Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and

under difficult and unpredictable circumstances. In recognizing the potential risk to public safety

created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding

not to engage in a vehicular pursuit because of the risk involved. This includes circumstances

where a department policy would permit the initiation or continuation of a pursuit. It is recognized

that vehicular pursuit situations are not always predictable and decisions made pursuant to this

policy will be evaluated according to the totality of the circumstances reasonably available at the

time of the pursuit.

Officers must remember that the most important factors in the successful conclusion of a pursuit

are proper self-discipline and sound professional judgment. Officers' conduct during the course

of a pursuit must be objectively reasonable, i.e. what a reasonable officer would do under the

circumstances. An unreasonable individual’s desire to apprehend a fleeing suspect at all costs

has no place in professional law enforcement.

307.1.1 DEFINITIONS

Definitions related to this policy include (UAC R728-503-2):

Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more patrol

vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which

may be unaware of the impending enforcement stop, with the goal of containment and preventing

a pursuit. Blocking is not a moving or stationary roadblock.

Boxing-in - A tactic designed to stop a violator’s vehicle by surrounding it with law enforcement

vehicles and then slowing all vehicles to a stop.

Channelization - A technique similar to a roadblock, where objects are placed in the anticipated

(or actual) path of a pursued vehicle with the intent of altering the vehicle’s direction of travel.

Paralleling - Participating in the pursuit by proceeding in the same direction and maintaining

approximately the same speed while traveling on an alternate street or highway that parallels the

pursuit route.

Pursuit intervention - An attempt to terminate the ability of a suspect to continue to flee in

a motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT

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(Pursuit Intervention Technique), ramming or roadblock procedures. In this context, ramming shall

be construed to mean maneuvering the police vehicle into contact with the pursued vehicle to

mechanically disable or forcibly position it such that further flight is not possible or practical.

Pursuit Intervention Technique (PIT) - A low-speed maneuver designed to cause the suspect

vehicle to spin out and terminate the pursuit.

Ramming - When deadly force is warranted the deliberate act of impacting a violator’s vehicle

with another vehicle to functionally damage or otherwise force the violator’s vehicle to stop.

Roadblocks - When deadly force is warranted, establishing a physical impediment to traffic as a

means of stopping a vehicle using actual physical obstructions or barricades.

Tire deflating device - Tire-deflating spikes utilized to deflate the suspect vehicle’s tires.

Trailing - Following the path of the pursuit at a safe speed while obeying all traffic laws and without

activating emergency equipment.

Vehicle pursuit - An active attempt by an officer in an authorized emergency vehicle to apprehend

fleeing suspects who are attempting to avoid apprehension through evasive and unlawful tactics.

307.2 OFFICER RESPONSIBILITIES

It shall be the policy of the Department that a vehicle pursuit shall be conducted only with

emergency lights and siren as required by Utah Code 41-6a-212 for exemption from compliance

with the rules of the road. The following policy is established to provide officers with guidelines

for driving with due regard and caution for the safety of all persons using the highway as required

by Utah Code 41-6a-212.

307.2.1 WHEN TO INITIATE A PURSUIT

(a) Officers in a department vehicle with operable emergency vehicle equipment and radio

may initiate a vehicular pursuit when the following criteria are met (UAC R728-503-4):

1. The suspect exhibits the intention to avoid apprehension through evasive or

unlawful tactics.

2. The suspect operating the vehicle refuses to stop at the direction of the officer.

3. The suspect’s actions are such that failure to pursue would further enhance the

danger presented to the public.

(b) Department vehicles that do not possess operable emergency vehicle equipment and

an operable police radio will not be involved in a pursuit. Factors that individually and

collectively shall be considered in deciding whether to initiate or continue a pursuit are

(UAC R728-503-4):

1. The performance capabilities of the pursuit vehicle.

2. The condition of the road surface upon which the pursuit is being conducted.

3. The amount of vehicular and pedestrian traffic in the area.

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4. The weather conditions.

5. The offense for which the subject will be pursued.

6. Any potential or existing hazards.

7. Familiarity with the area and road.

8. Any other pertinent factors.

307.2.2 WHEN TO TERMINATE A PURSUIT

Pursuits should be discontinued whenever the totality of objective circumstances known or which

reasonably ought to be known to the officer or supervisor during the pursuit indicates that the

present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the

suspect’s escape.

The factors listed above are expressly included herein and will apply equally to the decision to

discontinue as well as the decision to initiate a pursuit. Officers and supervisors must objectively

and continuously weigh the seriousness of the offense against the potential danger to innocent

motorists and themselves when electing to continue a pursuit. In the context of this policy, the

term “terminate” shall be construed to mean discontinue or to stop chasing the fleeing vehicles.

In addition to the factors, listed above the following factors should also be considered in deciding

whether to terminate a pursuit (UAC R728-503-9):

(a) Distance between the pursuing officers and the fleeing vehicle is so great that further

pursuit would be futile or require the pursuit to continue for an unreasonable time and/

or distance.

(b) Pursued vehicle’s location is no longer definitely known.

(d) The danger posed by the continued pursuit to the public, the officers or the suspect is

greater than the value of apprehending the suspect.

(e) Weather or traffic conditions substantially increase the danger of the pursuit beyond

the benefit of apprehending the suspect.

(f) If the identity of the offender is known and it does not reasonably appear that the

need for immediate capture outweighs the risks associated with continuing the pursuit,

officers should strongly consider discontinuing the pursuit and apprehending the

offender at a later time.

(g) The pursuit is terminated by a supervisor.

(h) The officer is unfamiliar with the area and is unable to accurately notify dispatch of the

location and direction of the pursuit.

(i) The violator is driving the wrong way on a limited access highway or one-way road.

(j) Air support is available to track the suspect.

Pursuits will terminate at the state line, unless exigent circumstances exist.

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When an officer terminates a pursuit, the officer shall turn off the siren and emergency lights, pull

the vehicle to the side of the road and stop.

307.2.3 SPEED LIMITS

The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and

supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer safety

and the safety of the occupants of the fleeing vehicle.

Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also

consider these factors when determining the reasonableness of the speed of the pursuit:

(a) Pursuit speeds have become unsafe for the surrounding conditions.

(b) Pursuit speeds have exceeded the driving ability of the officer.

operation unsafe.

307.3 PURSUIT UNITS

Pursuit units should be limited to two vehicles.However, the number of units involved will vary

with the circumstances (UAC R728-503-5). An officer or supervisor may request additional units

to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers

involved would be insufficient to safely arrest the suspects. All other officers should stay out of the

pursuit, but should remain alert to its progress and location. Any officer who drops out of a pursuit

may then, if necessary, proceed to the termination point at legal speeds, following the appropriate

rules of the road.

307.3.1 MOTORCYCLE OFFICERS

A distinctively marked patrol vehicle equipped with emergency overhead lighting should replace

a police motorcycle as primary and/or secondary pursuit vehicle as soon as practicable.

307.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT

(a) Vehicles without emergency equipment are generally prohibited from becoming

involved in a pursuit.

(b) All unmarked units will relinquish the primary or secondary role in a pursuit to a marked

vehicle as soon as practicable (UAC R728-503-7).

307.3.3 PRIMARY UNIT RESPONSIBILITIES

The initial pursuing vehicle will be designated as the primary pursuit vehicle and will be responsible

for the conduct of the pursuit unless it is unable to remain reasonably close enough to the violator’s

vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the

suspect(s) without unreasonable danger to themselves or other persons (UAC R728-503-7).

The pursuing officer shall activate headlights and all emergency equipment upon initiating a

pursuit.

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The pursuing officer shall immediately notify Dispatch that a vehicle pursuit has been initiated.

Use of plain English transmissions is encouraged, rather than using the 10-code. As soon as

practicable the officer shall provide Dispatch information including, but not limited to:

(a)

Unit identification.

(b)

Location, speed and direction of travel of the fleeing vehicle.

(c)

Description of the fleeing vehicle and license number, if known.

(d)

Number of known occupants.

(e)

The identity or description of the known occupants.

(f)

Reason for initiating the pursuit.

(g)

Information concerning the use of firearms, threat of force, injuries, hostages or other

unusual hazards.

Unless relieved by a supervisor or secondary vehicle, the officer in the primary vehicle shall be

responsible for the broadcasting of the progress of the pursuit. Unless practical circumstances

indicate otherwise, and in order to concentrate on pursuit driving, the primary officer should

relinquish the responsibility of broadcasting the progress of the pursuit to a secondary vehicle or

aircraft joining the pursuit as soon as practical.

307.3.4 SECONDARY UNIT RESPONSIBILITIES

The second officer in the pursuit is responsible for the following:

(a) The officer in the secondary vehicle should immediately notify the dispatcher of entry

into the pursuit.

(b) Remain a safe distance behind the primary vehicle unless directed to assume the role

of primary officer, or if the primary vehicle is unable to continue the pursuit.

pursuit unless the situation indicates otherwise.

307.3.5 PURSUIT DRIVING TACTICS

The decision to use specific driving tactics requires the same assessment of considerations

outlined in the factors to be considered concerning pursuit initiation and termination. The following

are tactics for units involved in the pursuit:

(a) Officers, considering their driving skills and vehicle performance capabilities, will

space themselves from other involved vehicles so they are able to see and avoid

hazards or react safely to maneuvers by the fleeing vehicle.

(b) Because intersections can present increased risks, the following tactics should be

considered:

1. Available units not directly involved in the pursuit may proceed safely to

controlled intersections ahead of the pursuit in an effort to warn cross traffic.

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2. Pursuing units should exercise due caution when proceeding through controlled

intersections.

on a roadway.

(d) Officers shall notify the Utah Highway Patrol and/or other jurisdictional agency if it

appears that the pursuit may enter their jurisdiction.

(e) Officers involved in a pursuit should not attempt to pass other units unless the situation

indicates otherwise or they are requested to do so by the primary vehicle or a

supervisor.

307.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT

There shall be no paralleling of the pursuit route (UAC R728-503-7). Officers are authorized to use

emergency equipment at intersections along the pursuit path to clear intersections of vehicular and

pedestrian traffic to protect the public. Officers should remain in their assigned area and should

not become involved with the pursuit unless directed otherwise by a supervisor.

Non-pursuing personnel needed at the termination of the pursuit should respond in a non-

emergency manner, observing the rules of the road.

The primary and secondary units should be the only units operating under emergency conditions

(emergency lights and siren) unless other units are assigned to the pursuit.

307.3.7 PURSUIT TRAILING

In the event the initiating vehicle from this agency either relinquishes control of the pursuit to

another vehicle or jurisdiction, that initiating vehicle may, with permission of supervisor, trail the

pursuit to the termination point in order to provide necessary information and assistance for the

arrest of the suspects.

If the pursuit is at a slow rate of speed, the trailing vehicle will maintain sufficient distance from

the pursuit units so as to clearly indicate an absence of participation in the pursuit.

307.3.8 AIRCRAFT ASSISTANCE

When available, aircraft assistance should be requested. Once the air vehicle has established

visual contact with the pursued vehicle, it should assume control over the pursuit. The primary and

secondary ground units should consider the participation of aircraft assistance when determining

whether to continue the pursuit.

The air vehicle should coordinate the activities of resources on the ground, report progress of

the pursuit and provide officers and supervisors with details of upcoming traffic congestion, road

hazards, or other pertinent information to evaluate whether or not to continue the pursuit. If ground

units are not within visual contact and the air unit determines that it is unsafe to continue the

pursuit, the air unit has the authority to terminate the pursuit.

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307.4 SUPERVISORY CONTROL AND RESPONSIBILITY

Available supervisory and management control will be exercised over all vehicle pursuits involving

officers from this department. When reasonably possible, the supervisor shall not actually be

engaged in the pursuit itself (UAC R728-503-6).

After being notified of a pursuit, a supervisor shall:

(a)

Ensure proper radio channels and procedures are in use.

(b)

Ensure tactics are in conformance with any policy of the Department.

(c)

Ensure only the necessary numbers of units are involved.

(d)

Ensure allied agencies are notified.

(e)

Consider aborting the pursuit if cause exists.

(f)

Consider air support availability and practicality.

(g)

Ensure post-incident notifications.

(h)

Ensure that proper written reports are completed and forwarded to the Division Chief

(UAC R728-503-6).

The supervisor should proceed to the termination point of the pursuit and provide appropriate

assistance and supervision at the scene, when practicable.

307.4.1 WATCH COMMANDER RESPONSIBILITY

Upon becoming aware that a pursuit has been initiated, the Watch Commander should monitor

and continually assess the situation and ensure the pursuit is conducted within the guidelines and

requirements of this policy. The Watch Commander has the final responsibility for the coordination,

control and termination of a vehicle pursuit and shall be in overall command.

The Watch Commander shall review all pertinent reports for content and forward to the Division

Chief.

307.5 COMMUNICATIONS

If the pursuit is confined within the City limits, radio communications will be conducted on the

primary channel unless instructed otherwise by a supervisor or communications dispatcher.

If the pursuit leaves the jurisdiction of the Department or such is imminent, involved units

should, whenever available, switch radio communications to an emergency channel that is most

accessible by participating agencies and units.

307.5.1 LOSS OF PURSUED VEHICLE

When the pursued vehicle is lost, the primary vehicle should broadcast pertinent information to

assist other units in locating suspects. The primary vehicle will be responsible for coordinating any

further search for either the pursued vehicle or suspects fleeing on foot.

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307.6 INTER-JURISDICTIONAL CONSIDERATIONS

The primary unit shall notify communications when it is likely that a pursuit will continue into a

neighboring jurisdiction or across the county or state line (UAC R728-503-8). When a pursuit

enters another agency's jurisdiction, the primary officer or supervisor, taking into consideration

distance traveled, unfamiliarity with the area, and other pertinent facts, should determine whether

or not to request the other agency to assume the pursuit. Unless entry into another jurisdiction is

expected to be brief, it is generally recommended that the primary officer or supervisor ensure that

notification is provided to each outside jurisdiction into which the pursuit is reasonably expected

to enter, regardless of whether or not such jurisdiction is expected to assist.

307.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY

Units originally involved will discontinue the pursuit when advised that another agency has

assumed the pursuit and assistance of the West Jordan Police Department is no longer needed.

Upon discontinuing the pursuit, the primary vehicle may proceed upon request, with or at the

direction of a supervisor, to the termination point to assist in the investigation.

The role and responsibilities of officers at the termination of a pursuit initiated by this department

shall be coordinated with appropriate consideration of the units from the agency assuming the

pursuit.

Notification of a pursuit in progress should not be construed as a request to join the pursuit.

Requests to or from another agency to assume a pursuit should be specific. Because of

communication limitations between local agencies, a request for another agency’s assistance will

mean that they will assume responsibilities for the pursuit. For the same reasons, when a pursuit

leaves another jurisdiction and a request for assistance is made to this department, the other

agency should relinquish control.

307.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION

The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this

department should not join a pursuit unless specifically requested to do so by the agency whose

officers are in pursuit. The exception to this is when a single vehicle from the initiating agency

is in pursuit. Under this circumstance, a vehicle from this department may join the pursuit until

sufficient units from the initiating agency join the pursuit.

When a request is made for this department to assist or take over a pursuit from another agency

that has entered this jurisdiction, the supervisor should consider:

(a) The department’s ability to maintain the pursuit.

(b) Whether the circumstances are serious enough to continue the pursuit.

(d) The public's safety within this jurisdiction.

(e) The safety of the pursuing officers.

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As soon as practicable, a supervisor or the Watch Commander should review a request for

assistance from another agency. The Watch Commander or supervisor, after consideration of the

above factors, may decline to assist in, or assume the other agency’s pursuit.

Assistance to a pursuing allied agency by officers of the Department will terminate at the City

limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing

participation from this department may continue only until sufficient assistance is present.

In the event that a pursuit from another agency terminates within this jurisdiction, officers shall

provide appropriate assistance to officers from the allied agency including, but not limited to, scene

control, coordination and completion of supplemental reports and any other assistance requested

or needed.

307.7 PURSUIT INTERVENTION

Intervention techniques shall be used only when the officer reasonably believes it is possible to

do so safely and when the law enforcement officers using them have received training in their use

(UAC R728-503-7). Use of pursuit intervention tactics should be employed only after approval of

a supervisor. In deciding whether to use intervention tactics, officers/supervisors should balance

the risks of allowing the pursuit to continue with the potential hazards arising from the use of

each tactic to the public, the officers and persons in or on the pursued vehicle. With these risks in

mind, the decision to use any intervention tactic should be reasonable in light of the circumstances

confronting the officer at the time of the decision.

307.7.1 INTERVENTION STANDARDS

Any pursuit intervention tactic, depending upon the conditions and circumstances under which it is

used, may present dangers to the officers, the public, or anyone in or on the vehicle being pursued.

Certain applications of intervention tactics may be construed to be a use of deadly force and

subject to the requirements for such use. Officers who have not received department-approved

training in the application and use of any intervention tactic or equipment shall consider these

facts and requirements prior to deciding how, when, where, and if an intervention tactic should

be employed.

(a)

Channelization may be used to redirect or stop a pursued vehicle. The selection of

the best method and area in each circumstance should be preceded by an evaluation

of all factors surrounding the individual pursuit. The methods used should offer the

greatest probability of success with the least likelihood of injury to the general public,

the officer and the suspect.

Officers may deliberately direct a vehicle into a given path or location (i.e.,

unpaved roadway, dead end road, away from populated areas or intersections)

by using stationary objects (pylons, barricades, vehicles) placed in the current

path of the pursued vehicle. This method also may be used to direct a pursued

vehicle toward and across a hollow spike strip.

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Channelization is considered a forcible stop technique, but does not require the

justification of deadly force.

(b)

The Pursuit Intervention Technique (PIT) is a forced rotational non-compliant vehicle

stop. This technique should not be used if speeds exceed 45 mph, if any of the vehicle

tires have been blown or flattened, or if the vehicle has had its tires damaged by a tire

deflating device, unless deadly force is justified.

This technique should only be used when all other reasonable means of

apprehension have been considered and rejected as impractical, e.g., air

support, allied agency assistance, tire deflating devices or boxing-in; when the

apparent risk of harm to other than the occupants of the pursued vehicle is

so great as to outweigh the risk of harm in making the forcible stop; when the

pursuing officer believes that the continued movement of the pursued vehicle

would place others in danger of great bodily harm or death.

Officers should use care and caution in selecting the location where the stop is

to be made, so that any resulting danger can be minimized as much as possible.

(c)

Ramming a fleeing vehicle should be done only after other reasonable tactical means

at the officers’ disposal have been exhausted. This tactic should be reserved for

situations where there does not appear to be another reasonable alternative method.

This policy is an administrative guide to direct officers in their decision-making process

before ramming another vehicle. When ramming is used as a means to stop a fleeing

vehicle, the following factors should be present:

The suspect is an actual or suspected felon, who reasonably appears to

represent a serious threat to the public if not apprehended.

The suspect is driving with willful or wanton disregard for the safety of other

persons or is driving in a reckless and life-endangering manner. If there does not

reasonably appear to be a present or immediately foreseeable serious threat to

the public, the use of ramming is not authorized.

(d)

The use of boxing-in as a technique for terminating pursuits is discouraged. Under

ordinary circumstances, the potential hazard outweighs the probability of a successful

stop of a violator. Therefore, this technique should only be used at slow speeds or

where the obvious risks can be eliminated or appreciably reduced.

Boxing-in shall not be used at high speeds or in those circumstances where the

pursued subject has demonstrated a willingness to assault an officer either with

the vehicle or some other means, i.e., a firearm.

Boxing-in shall not be used when it is necessary to use citizens to effect the

maneuver.

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(e)

The use of tire deflating devices should be approved in advance by a supervisor

and deployed only when it is reasonably certain that only the pursued vehicle will be

affected by their use. Officers should carefully consider the limitations of such devices

as well as the potential risks to officers, the public and occupants of the pursued

vehicle. If the pursued vehicle is a motorcycle (consider if deadly force is justified),

a vehicle transporting hazardous materials, or a school bus transporting children,

officers and supervisors should weigh the potential consequences against the need

to immediately stop the vehicle.

(f)

Roadblocks are prohibited unless the circumstances would warrant the use of deadly

force. Roadblocks should only be established with a supervisor’s approval. If a

roadblock is established officers must:

Allow the suspect vehicle reasonable stopping distance.

Not place themselves or their vehicle in a position that would jeopardize the

safety of the officers involved.

Not place vehicles in a position that is not reasonably visible to the suspect.

Reasonably ensure the safety of uninvolved pedestrians and motorists.

307.7.2 USE OF FIREARMS

An officer’s discharge of a firearm at or from a moving vehicle shall follow this department’s Use

of Force Policy. An officer’s decision to discharge a firearm at or from a moving vehicle shall first

be authorized, when reasonably possible, by a supervisor (UAC R728-503-7).

307.7.3 CAPTURE OF SUSPECTS

Proper self-discipline and sound professional judgment are the keys to a successful conclusion of

a pursuit and apprehension of evading suspects. Officers shall use only that amount of force which

reasonably appears necessary under the circumstances to properly perform their lawful duties.

Unless relieved by a supervisor, the primary officer should coordinate efforts to apprehend the

suspects following the pursuit. Officers should consider safety of the public and the involved

officers when formulating plans to contain and capture the suspect.

307.8 REPORTING AND REVIEW REQUIREMENTS

The primary officer shall complete the appropriate crime/arrest reports. A pursuit report should

minimally contain:

(a) Whether any person involved in the pursuit or subsequent arrest was injured,

specifying the nature of that injury and differentiating between the suspect driver, a

suspect passenger and the officers involved.

(b) The violation that caused the pursuit to be initiated.

(d) The means or methods used to stop the suspect being pursued.

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(e) The charges filed with the court by the prosecuting attorney.

(f) The conditions of the pursuit, including, but not limited to, all of the following:

1. Duration

2. Mileage

3. Number of officers involved

4. Maximum number of units involved

5. Time of day

6. Weather conditions

7. Maximum speeds

(g) Whether the pursuit resulted in a collision and a resulting injury or fatality to an

uninvolved third party, and the corresponding number of persons involved.

(h) Whether the pursuit involved multiple agencies.

(i) How the pursuit was terminated.

(j) After first obtaining available information, the supervisor shall initiate the pursuit review

process.This review should minimally contain the following information:

1. Date and time of pursuit

2. Length of pursuit

3. Involved units and officers

4. Initial reason for pursuit

5. Starting and termination points

6. Disposition: arrest, citation, arrestee information if applicable

7. Injuries and/or property damage

8. Medical treatment

9. Name of supervisor at scene

10. A preliminary determination that the pursuit appears to be in compliance with

this policy or additional review and/or follow-up is warranted.

307.8.1 REGULAR AND PERIODIC PURSUIT TRAINING

Officers shall not engage in a pursuit until they have successfully completed the department-

sponsored Emergency Vehicle Operations (EVO) course. Officers shall also be required to attend

an annual course that specifically covers any policy adopted by the Department regarding pursuits

(UAC R728-503-10).

All department officers shall retain a current copy of the pursuit policy and shall refer to it as a

basis for initiation, continuation, and termination of a pursuit (Utah Code 41-6a-212).

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307.8.2 CHIEF REVIEW

The Chief of Police shall review each pursuit that results in injury or property damage and

determine whether involved members complied with department policies. The Chief of Police shall

document and appropriately remedy any policy violations through the disciplinary process (Utah

Code 41-6a-212).

307.8.3 POLICY REVIEW

Each sworn employee of the Department shall certify in writing that he/she has received, read and

understands this policy initially and upon any amendments.

307.9 APPLICATION OF VEHICLE PURSUIT POLICY

This policy is expressly written and adopted pursuant to the provisions of Utah Code 41-6a-212. It

incorporates the guidelines developed pursuant to Utah Code 41-6a-212 and established in UAC

R728-503.

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Officer Response to Calls

308.1 PURPOSE AND SCOPE

This policy provides for the safe and appropriate response to emergency and non-emergency

situations whether dispatched or self-initiated.

308.2 RESPONSE TO CALLS

Officers dispatched "Code-3" shall consider the call an emergency response and proceed

immediately. Officers responding Code-3 shall continuously operate emergency lighting

equipment and shall sound the siren as reasonably necessary (Utah Code 41-6a-212).

Responding with emergency lights and siren does not relieve the officer operating an authorized

emergency vehicle of the duty to act as a reasonably prudent emergency vehicle operator in like

circumstances. The use of any other warning equipment without emergency lights and siren does

not provide any privilege under the law.

Officers should only respond Code-3 when so dispatched or when circumstances reasonably

indicate an emergency response is required. Officers not authorized to respond Code-3 shall

observe all traffic laws and proceed without the use of emergency lights and siren.

308.3 REQUESTING EMERGENCY ASSISTANCE

Requests for emergency assistance should be limited to those situations where the involved

personnel reasonably believe that there is an immediate threat to the safety of officers, or

assistance is needed to prevent imminent serious harm to a citizen. In any event, where a situation

has stabilized and emergency response is not required, the requesting officer shall immediately

notify Dispatch.

If circumstances permit, the requesting officer should give the following information:

• The vehicle number

• The location

• The reason for the request and type of emergency

• The number of units required

308.3.1 NUMBER OF UNITS ASSIGNED

Normally, only two vehicles should respond to an emergency call Code-3 unless the Watch

Commander or the field supervisor authorizes additional vehicles.

308.4 INITIATING CODE 3 RESPONSE

If an officer believes a Code-3 response to any call is appropriate, the officer shall immediately

notify Dispatch. Generally, only two vehicle should respond Code-3 to any situation. Should

another officer believe a Code-3 response is appropriate, Dispatch shall be notified and the Watch

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Commander or field supervisor will make a determination as to whether more officers driving

Code-3 is appropriate.

308.5 RESPONSIBILITIES OF RESPONDING OFFICERS

Officers shall exercise sound judgment and care with due regard for life and property when

responding to an emergency call. Officers shall reduce speed at all street intersections to such a

degree that they shall have complete control of the vehicle.

The decision to continue a Code-3 response is at the discretion of the officer. If, in the officer's

judgment, the roadway conditions or traffic congestion does not permit such a response without

unreasonable risk, the officer may elect to respond to the call without the use of emergency lights

and siren at the legal speed limit. In such an event, the officer should immediately notify Dispatch.

An officer shall also discontinue the Code-3 response when directed by a supervisor.

Upon receiving authorization or determining a Code-3 response is appropriate, an officer shall

immediately give the location from which he/she is responding.

308.6 COMMUNICATIONS RESPONSIBILITIES

A dispatcher shall assign a Code-3 response when an officer requests emergency assistance or

available information reasonably indicates that the public is threatened with serious injury or death

and immediate police response is needed. In all other circumstances, the dispatcher shall obtain

authorization from the Watch Commander or a field supervisor prior to assigning units Code-3.

The dispatcher shall:

(a) Attempt to assign the closest available vehicle to the location requiring assistance.

(b) Immediately notify the Watch Commander.

(d) Notify and coordinate allied emergency services (e.g., fire and ambulance).

(e) Continue to obtain and broadcast information as necessary concerning the response

and monitor the situation until it is stabilized or terminated.

(f) Control all radio communications during the emergency and coordinate assistance

under the direction of the Watch Commander or field supervisor.

308.7 SUPERVISORY RESPONSIBILITIES

Upon being notified that a Code-3 response has been initiated, the Watch Commander or the field

supervisor shall verify the following:

(a) The proper response has been initiated.

(b) No more than those units reasonably necessary under the circumstances are involved

in the response.

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The field supervisor shall monitor the response until it has been stabilized or terminated and assert

control by directing units into or out of the response if necessary. If, in the supervisor's judgment,

the circumstances require additional units to be assigned a Code-3 response, the supervisor may

do so.

It is the supervisor's responsibility to terminate a Code-3 response that, in his/her judgment is

inappropriate due to the circumstances.

When making the decision to authorize a Code-3 response, the Watch Commander or the field

supervisor should consider the following:

• The type of call

• The necessity of a timely response

• Traffic and roadway conditions

• The location of the responding units

308.8 FAILURE OF EMERGENCY EQUIPMENT

If the emergency equipment on the vehicle should fail to operate, the officer must terminate

the Code-3 response and respond accordingly. In all cases, the officer shall notify the Watch

Commander, field supervisor, or Dispatch of the equipment failure so that another vehicle may be

assigned to the emergency response.

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Canines

309.1 PURPOSE AND SCOPE

This policy establishes guidelines for the use of canines to augment law enforcement services in

the community, including but not limited to locating individuals and contraband and apprehending

criminal offenders.

309.2 POLICY

It is the policy of the West Jordan Police Department that teams of handlers and canines meet

and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law

enforcement objectives.

309.3 ASSIGNMENT

Canine teams should be assigned to assist and supplement the Patrol Division to function primarily

in assist or cover assignments. However, they may be assigned by the Watch Commander to

other functions, such as routine calls for service, based on the current operational needs.

Canine teams should generally not be assigned to handle routine matters that will take them out

of service for extended periods of time. If such assignment is necessary, it should only be made

with the approval of the Watch Commander.

309.4 CANINE SUPERVISOR

The canine supervisor shall be appointed by and directly responsible to the Patrol Division Chief

or the authorized designee.

The responsibilities of the supervisor include but are not limited to:

(a) Reviewing all canine use reports to ensure compliance with policy and to identify

training issues and other needs of the program.

(b) Maintaining a liaison with the vendor kennel.

(d) Maintaining a liaison with other agency canine coordinators.

(e) Maintaining accurate records to document canine activities.

(f) Recommending and overseeing the procurement of equipment and services for the

teams of handlers and canines.

(g) Scheduling all canine-related activities.

(h) Ensuring the canine teams are scheduled for regular training to maximize their

capabilities.

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309.5 REQUESTS FOR CANINE TEAMS

Patrol Division members are encouraged to request the use of a canine. Requests for a canine

team from department units outside of the Patrol Division shall be reviewed by the Watch

Commander.

309.5.1 OUTSIDE AGENCY REQUEST

All requests for canine assistance from outside agencies must be approved by the Watch

Commander and are subject to the following:

(a) Canine teams shall not be used for any assignment that is not consistent with this

policy.

(b) The canine handler shall have the authority to decline a request for any specific

assignment that he/she deems unsuitable.

personnel in order to minimize the risk of unintended injury.

(d) It shall be the responsibility of the canine handler to complete all necessary reports

or as directed.

309.5.2 PUBLIC DEMONSTRATIONS

All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine

coordinator prior to making any resource commitment. The canine coordinator is responsible for

obtaining resources and coordinating involvement in the demonstration to include proper safety

protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do

so by the canine coordinator.

309.6 APPREHENSION GUIDELINES

A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes

that the individual has committed, is committing, or is threatening to commit any serious offense

and if any of the following conditions exist:

(a) There is a reasonable belief the suspect poses an imminent threat of violence or

serious harm to the public, any officer, or the handler.

(b) The suspect is physically resisting or threatening to resist arrest and the use of a

canine reasonably appears to be necessary to overcome such resistance.

canine would pose a threat to the safety of officers or the public.

It is recognized that situations may arise that do not fall within the provisions set forth in this policy.

Such events require consideration of the totality of the circumstances and the use of an objective

reasonableness standard applied to the decision to use a canine.

Absent a reasonable belief that a suspect has committed, is committing, or is threatening to commit

a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall

not serve as the basis for the use of a canine to apprehend a suspect.

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Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those

identified above requires approval from the Watch Commander. Absent a change in circumstances

that presents an imminent threat to officers, the canine, or the public, such canine use should

be conducted on-leash or under conditions that minimize the likelihood the canine will bite or

otherwise injure the individual.

In all applications, once the suspect has been located and no longer reasonably appears to present

a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably

practicable.

If the canine has apprehended the suspect with a secure bite, and the handler believes that the

suspect no longer poses a threat, the handler should promptly command the canine to release

the suspect.

309.6.1 PREPARATION FOR DEPLOYMENT

Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or

the supervisor on-scene should carefully consider all pertinent information reasonably available

at the time. The information should include but is not limited to:

(a) The nature and seriousness of the suspected offense.

(b) Whether violence or weapons were used or are anticipated.

(d) The suspect’s known or perceived age.

(e) The potential for injury to officers or the public caused by the suspect if the canine

is not utilized.

(f) Any potential danger to the public and/or other officers at the scene if the canine is

released.

(g) The potential for the suspect to escape or flee if the canine is not utilized.

As circumstances permit, the canine handler should make every reasonable effort to communicate

and coordinate with other involved members to minimize the risk of unintended injury.

It is the canine handler’s responsibility to evaluate each situation and determine whether the use

of a canine is appropriate and reasonable. The canine handler shall have the authority to decline

the use of the canine whenever he/she deems deployment is unsuitable.

A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine.

Unless otherwise directed by a supervisor, assisting members should take direction from the

handler in order to minimize interference with the canine.

309.6.2 WARNINGS AND ANNOUNCEMENTS

Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a

canine will be used if the suspect does not surrender should be made prior to releasing a canine.

The handler should allow a reasonable time for a suspect to surrender and should quiet the canine

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momentarily to listen for any verbal response to the warning. If feasible, other members should

be in a location opposite the warning to verify that the announcement could be heard. If available,

warnings given in other languages should be used as necessary.

If a warning is not to be given, the canine handler, when practicable, should first advise the

supervisor of his/her decision before releasing the canine. In the event of an apprehension, the

handler shall document in any related report how the warning was given and, if none was given,

the reasons why.

309.6.3 REPORTING DEPLOYMENTS, BITES, AND INJURIES

Handlers should document canine deployments in a canine use report. Whenever a canine

deployment results in a bite or causes injury to an intended suspect, a supervisor should be

promptly notified and the injuries documented in the canine use report. The injured person shall

be promptly treated by Emergency Medical Services personnel and, if appropriate, transported to

an appropriate medical facility for further treatment. The deployment and injuries should also be

included in any related incident or arrest report.

Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly

reported to the canine coordinator. Unintended bites or injuries caused by a canine should be

documented in an administrative report, not in a canine use report.

If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both

the individual’s injured and uninjured areas shall be photographed as soon as practicable after first

tending to the immediate needs of the injured party. Photographs shall be retained as evidence in

accordance with current department evidence procedures. The photographs shall be retained until

the criminal proceeding is completed and the time for any related civil proceeding has expired.

309.7 NON-APPREHENSION GUIDELINES

Properly trained canines may be used to track or search for non-criminals (e.g., lost children,

individuals who may be disoriented or in need of medical attention). The canine handler is

responsible for determining the canine’s suitability for such assignments based on the conditions

and the particular abilities of the canine. When the canine is deployed in a search or other non-

apprehension operation, the following guidelines apply:

(a) Absent a change in circumstances that presents an imminent threat to officers, the

canine, or the public, such applications should be conducted on-leash or under

conditions that minimize the likelihood the canine will bite or otherwise injure the

individual, if located.

(b) Unless otherwise directed by a supervisor, assisting members should take direction

from the handler in order to minimize interference with the canine.

that the canine will not bite or hurt the individual and encourage the individual to make

him/herself known.

(d) Once the individual has been located, the handler should place the canine in a down-

stay or otherwise secure it as soon as reasonably practicable.

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309.7.1 ARTICLE DETECTION

A canine trained to find objects or property related to a person or crime may be used to locate or

identify articles. A canine search should be conducted in a manner that minimizes the likelihood

of unintended bites or injuries.

309.7.2 NARCOTICS DETECTION

A canine trained in narcotics detection may be used in accordance with current law and under

certain circumstances, including:

(a) The search of vehicles, buildings, bags, and other articles.

(b) Assisting in the search for narcotics during a search warrant service.

of probable cause.

A narcotics-detection trained canine will not be used to search a person for narcotics unless the

canine is trained to passively indicate the presence of narcotics.

309.7.3 BOMB/EXPLOSIVE DETECTION

Because of the high risk of danger to the public and officers when a bomb or other explosive

device is suspected, the use of a canine team trained in explosive detection may be considered.

When available, an explosive-detection canine team may be used in accordance with current law

and under certain circumstances, including:

(a) Assisting in the search of a building, structure, area, vehicle, or article where an actual

or suspected explosive device has been reported or located.

(b) Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes,

trains).

areas. Searches of individuals should remain minimally intrusive and shall be strictly

limited to the purpose of detecting explosives.

(d) Assisting in the search of scenes where an explosion has occurred and an explosive

device or secondary explosive device is suspected.

At no time will an explosive-detection trained canine be used to render a suspected device safe

or clear.

309.8 HANDLER SELECTION

The minimum qualifications for the assignment of canine handler include:

(a) An officer who is currently off probation.

(b) Residing in an adequately fenced single-family residence (minimum 5-foot-high fence

with locking gates).

(d) Agreeing to be assigned to the position for a minimum of three years.

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309.9 HANDLER RESPONSIBILITIES

The canine handler shall ultimately be responsible for the health and welfare of the canine and

shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection,

and living conditions.

The canine handler will be responsible for the following:

(a) Except as required during appropriate deployment, the handler shall not expose the

canine to any foreseeable and unreasonable risk of harm.

(b) The handler shall maintain all department equipment under his/her control in a clean

and serviceable condition.

vehicle should be stored at the West Jordan Police Department facility.

(d) Handlers shall permit the canine coordinator to conduct spontaneous on-site

inspections of affected areas of their homes as well as their canine vehicles to verify

that conditions and equipment conform to this policy.

(e) Any changes in the living status of the handler that may affect the lodging or

environment of the canine shall be reported to the canine coordinator as soon as

possible.

(f) When off-duty, the canine shall be in a kennel provided by the City at the home of the

handler. When a canine is kenneled at the handler’s home, the gate shall be secured

with a lock. When off-duty, the canine may be let out of the kennel while under the

direct control of the handler.

(g) The canine should be permitted to socialize in the home with the handler’s family for

short periods of time and under the direct supervision of the handler.

(h) Under no circumstances will the canine be lodged at another location unless approved

by the canine coordinator or Watch Commander.

(i) When off-duty, the handler shall not involve the canine in any law enforcement activity

or official conduct unless approved in advance by the canine coordinator or Watch

Commander.

(j) Whenever a canine handler is off-duty for an extended number of days, it may be

necessary to temporarily relocate the canine. In those situations, the handler shall

give reasonable notice to the canine coordinator so that appropriate arrangements

can be made.

309.9.1 CANINE IN PUBLIC AREAS

The canine should be kept on a leash when in areas that allow access to the public. Exceptions

to this rule would include specific law enforcement operations for which the canine is trained.

(a) A canine shall not be left unattended in any area to which the public may have access.

(b) When the canine vehicle is left unattended, all windows and doors shall be secured

in such a manner as to prevent unauthorized access to the canine. The handler shall

also ensure that the unattended vehicle remains inhabitable for the canine.

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309.10 HANDLER COMPENSATION

The canine handler shall be available for call-out under conditions specified by the canine

coordinator.

The canine handler shall be compensated for time spent in the care, feeding, grooming, and other

needs of the canine in accordance with the Fair Labor Standards Act (FLSA), and according to

the terms of the collective bargaining agreement (29 USC § 207).

309.11 CANINE INJURY AND MEDICAL CARE

In the event that a canine is injured, or there is an indication that the canine is not in good physical

condition, the injury or condition will be reported to the canine coordinator or Watch Commander

as soon as practicable and appropriately documented.

All medical attention shall be rendered by the designated canine veterinarian, except during

an emergency where treatment should be obtained from the nearest available veterinarian. All

records of medical treatment shall be maintained in the handler’s personnel file.

309.12 TRAINING

Before assignment in the field, each canine team shall be trained and certified to meet current

Utah Peace Officer Standards and Training (POST) Service Dog Program requirements or other

recognized and approved certification standards (Utah Code 53-6-402). Cross-trained canine

teams or those canine teams trained exclusively for the detection of narcotics and/or explosives

also shall be trained and certified to meet current nationally recognized standards or other

recognized and approved certification standards established for their particular skills.

The canine coordinator shall be responsible for scheduling periodic training for all department

members in order to familiarize them with how to conduct themselves in the presence of

department canines. Because canines may be exposed to dangerous substances such as opioids,

as resources are available, the canine coordinator should also schedule periodic training for the

canine handlers about the risks of exposure and treatment for it.

All canine training shall be conducted while on-duty unless otherwise approved by the canine

coordinator or Watch Commander.

309.12.1 CONTINUED TRAINING

Each canine team shall thereafter be recertified to Utah POST Service Dog Program or other

recognized and approved certification standards on an annual basis (Utah Code 53-6-402).

Additional training considerations are as follows:

(a) Canine teams should receive training as defined in the current contract with the West

Jordan Police Department canine training provider.

(b) Canine handlers are encouraged to engage in additional training with approval of the

canine coordinator.

authorized to train to a standard that is not reviewed and approved by the Department.

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309.12.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING

Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks

the team is not certified to perform until graduation or certification is achieved. When reasonably

practicable, pending successful certification, the canine handler shall be temporarily reassigned

to regular patrol duties.

309.12.3 TRAINING RECORDS

All canine training records shall be maintained in the canine handler’s and the canine’s training file.

309.12.4 TRAINING AIDS

Training aids are required to effectively train and maintain the skills of canines. Officers

possessing, using, or transporting controlled substances or explosives for canine training

purposes must comply with federal and state requirements. Alternatively, the West Jordan Police

Department may work with outside trainers with the applicable licenses or permits.

309.12.5 CONTROLLED SUBSTANCE TRAINING AIDS

Officers acting in the performance of their official duties may possess or transfer controlled

substances for the purpose of narcotics-detection canine training in compliance with state and

federal laws (21 USC § 823(f); UAC R156-37-306).

The Chief of Police or the authorized designee may authorize a member to seek a court order

to allow controlled substances seized by the West Jordan Police Department to be possessed

by the member or a narcotics-detection canine trainer who is working under the direction of this

department for training purposes, provided the controlled substances are no longer needed as

criminal evidence.

As an alternative, the Chief of Police or the authorized designee may request narcotics training

aids from the Drug Enforcement Administration (DEA).

These procedures are not required if the canine handler uses commercially available synthetic

substances that are not controlled narcotics.

309.12.6 CONTROLLED SUBSTANCE PROCEDURES

Due to the responsibilities and liabilities involved with possessing readily usable amounts of

controlled substances and the ever-present danger of the canine’s accidental ingestion of these

controlled substances, the following procedures shall be strictly followed:

(a) All controlled substance training samples shall be weighed and tested prior to

dispensing to the individual canine handler or trainer.

(b) The weight and test results shall be recorded and maintained by this department.

or DEA registration shall maintain custody and control of the controlled substances and

shall keep records regarding any loss of, or damage to, those controlled substances.

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(d) All controlled substance training samples will be inspected, weighed, and tested

quarterly. The results of the quarterly testing shall be recorded and maintained by the

canine coordinator with a copy forwarded to the dispensing agency.

(e) All controlled substance training samples will be stored in locked, airtight, and

watertight cases at all times, except during training. The locked cases shall be secured

in the trunk of the canine handler’s assigned patrol vehicle during transport and stored

in an appropriate locked container. There are no exceptions to this procedure.

(f) The canine coordinator shall periodically inspect every controlled substance training

sample for damage or tampering and take any appropriate action.

(g) Any unusable controlled substance training samples shall be returned to the Evidence

Room or to the dispensing agency.

(h) All controlled substance training samples shall be returned to the dispensing agency

upon the conclusion of the training or upon demand by the dispensing agency.

309.12.7 EXPLOSIVE TRAINING AIDS

Officers may possess, transport, store, or use explosives or destructive devices in compliance

with state and federal laws (18 USC § 842; 27 CFR 555.41; Utah Code 76-10-306).

Explosive training aids designed specifically for canine teams should be used whenever feasible.

Due to the safety concerns in the handling and transportation of explosives, inert or non-hazardous

training aids should be employed whenever feasible. The use of explosives or destructive devices

for training aids by canine teams is subject to the following:

(a) All explosive training aids, when not in use, shall be properly stored in a secure facility

appropriate for the type of materials.

(b) An inventory ledger shall be maintained to document the type and quantity of explosive

training aids that are stored.

hand against the inventory ledger once each quarter.

(d) Only members of the canine team shall have access to the explosive training aids

storage facility.

(e) A primary and secondary custodian will be designated to minimize the possibility of

loss of explosive training aids during and after the training. Generally, the handler will

be designated as the primary custodian while the trainer or authorized second person

on-scene will be designated as the secondary custodian.

(f) Any lost or damaged explosive training aids shall be promptly reported to the canine

coordinator, who will determine if any further action will be necessary. Any loss

of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and

Explosives (ATF).

Policy

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Domestic Violence

310.1 PURPOSE AND SCOPE

The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce

domestic violence through vigorous enforcement and to address domestic violence as a serious

crime against society. The policy specifically addresses the commitment of this department to take

enforcement action when appropriate, to provide assistance to victims and to guide officers in the

investigation of domestic violence.

310.1.1 DEFINITIONS

Definitions related to this policy include:

Court order - All forms of orders related to domestic and dating violence, that have been issued

by a court of this state or another, whether civil or criminal, regardless of whether service has

been made.

Dating violence - Any criminal offense involving violence or physical harm, threat of violence

or physical harm, or any attempt, conspiracy, or solicitation by a person to commit an offense

involving violence or physical harm, when committed by a person against a dating partner of the

person who is either 18 years of age or older or is emancipated.

Domestic violence - Includes any crime involving the actual, threatened, or attempted violence

or physical harm of a cohabitant. Domestic violence also includes committing or attempting to

commit any crime listed in Utah Code 77-36-1(4) by one cohabitant against another.

310.2 POLICY

The West Jordan Police Department’s response to incidents of domestic violence and violations of

related court orders shall stress enforcement of the law to protect the victim and shall communicate

the philosophy that domestic violence is criminal behavior. It is also the policy of this department

to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources

whenever feasible.

310.3 OFFICER SAFETY

The investigation of domestic violence cases often places officers in emotionally charged and

sometimes highly dangerous environments. No provision of this policy is intended to supersede

the responsibility of all officers to exercise due caution and reasonable care in providing for the

safety of any officers and parties involved.

310.4 INVESTIGATIONS

The following guidelines should be followed by officers when investigating domestic violence

cases:

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(a) Calls of reported, threatened, imminent, or ongoing domestic violence, and the

violation of any court order are of extreme importance and should be considered

among the highest response priorities. This includes incomplete 9-1-1 calls.

(b) When practicable, officers should obtain and document statements from the victim, the

suspect, and any witnesses, including children, in or around the household or location

of occurrence.

child who was present in the household at the time of the offense. The names of other

children who may not have been in the house at that particular time should also be

obtained for follow-up.

(d) When practicable and legally permitted, video or audio record all significant statements

and observations.

(e) All injuries should be photographed, regardless of severity, taking care to preserve

the victim’s personal privacy. Where practicable, photographs should be taken by a

person of the same sex. Victims whose injuries are not visible at the time of the incident

should be asked to contact the Detective Bureau in the event that the injuries later

become visible.

(f) Officers should request that the victim complete and sign an authorization for release

of medical records related to the incident when applicable.

(g) If the suspect is no longer at the scene, officers should make reasonable efforts to

locate the suspect to further the investigation, provide the suspect with an opportunity

to make a statement, and make an arrest or seek an arrest warrant if appropriate.

(h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally

permitted, for safekeeping or as evidence.

1. This applies to both investigations involving domestic violence or dating violence

(Utah Code 77-36-2.1; Utah Code 78B-7-408).

(i) When completing an incident or arrest report for violation of a court order, officers

should include specific information that establishes that the offender has been served,

including the date the offender was served, the name of the agency that served the

order, and the provision of the order that the subject is alleged to have violated. When

reasonably available, the arresting officer should attach a copy of the order to the

incident or arrest report.

(j) Officers should take appropriate enforcement action when there is probable cause to

believe an offense has occurred. Factors that should not be used as sole justification

for declining to take enforcement action include:

1. Whether the suspect lives on the premises with the victim.

2. Claims by the suspect that the victim provoked or perpetuated the violence.

3. The potential financial or child custody consequences of arrest.

4. The physical or emotional state of either party.

5. Use of drugs or alcohol by either party.

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6. Denial that the abuse occurred where evidence indicates otherwise.

7. A request by the victim not to arrest the suspect.

8. Location of the incident (public/private).

9. Speculation that the complainant may not follow through with the prosecution.

10. Actual or perceived characteristics such as race, ethnicity, national origin,

religion, sex, sexual orientation, gender identity or expression, economic status,

age, cultural group, disability, or marital status of the victim or suspect.

11. The social status, community status, or professional position of the victim or

suspect.

310.4.1 IF A SUSPECT IS ARRESTED

If a suspect is arrested, officers should:

(a)

Advise the victim that there is no guarantee the suspect will remain in custody.

(b)

Provide the victim’s contact information to the jail staff to enable notification of the

victim upon the suspect’s release from jail.

(c)

Advise the victim whether any type of court order will be in effect when the suspect

is released from jail.

310.4.2 IF NO ARREST IS MADE

If no arrest is made, the officer should:

(a) Advise the parties of any options, including but not limited to:

1. Voluntary separation of the parties.

2. Appropriate resource referrals (e.g., counselors, friends, relatives, shelter

homes, victim witness unit).

(b) Document the resolution in a report.

310.5 VICTIM ASSISTANCE

Because victims may be traumatized or confused, officers should be aware that a victim’s behavior

and actions may be affected. The following applies to domestic violence and dating violence (Utah

Code 77-36-2.1; Utah Code 78B-7-408):

(a) Victims shall be provided with the department’s domestic violence information

handout, even if the incident may not rise to the level of a crime.

(b) Victims shall also be alerted to any available victim advocates, shelters, and

community resources.

essential items of personal property, officer shall stand by for a reasonable amount

of time.

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(d) If the victim has sustained injury or complains of pain, the officer shall seek medical

assistance for the victim as soon as practicable.

(e) Officers should ask the victim whether he/she has a safe place to stay and assist in

arranging transportation to an alternate shelter if the victim expresses a concern for

his/her safety or if the officer determines that a need exists.

(f) Officers should make reasonable efforts to ensure that any children or dependent

adults who are under the supervision of the suspect or victim are being properly cared

for.

(g) If appropriate, officers shall seek or assist the victim in obtaining an emergency order.

310.6 DISPATCH ASSISTANCE

All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as

practicable.

Dispatchers are not required to verify the validity of a court order before responding to a request for

assistance. Officers should request that dispatchers check whether any of the involved persons

are subject to the terms of a court order.

310.7 FOREIGN COURT ORDERS

Various types of orders may be issued in domestic violence cases. Any foreign court order properly

issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it

were the order of a court in this state. An order should be considered properly issued when it

reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice

and opportunity to respond was given to the party against whom the order was issued (18 USC

§ 2265). An otherwise valid out-of-state court order shall be enforced, regardless of whether the

order has been properly registered with this state.

310.8 VERIFICATION OF COURT ORDERS

Determining the validity of a court order, particularly an order from another jurisdiction, can be

challenging. Therefore, in determining whether there is probable cause to make an arrest for a

violation of any court order, officers should carefully review the actual order when available, and,

where appropriate and practicable:

(a) Ask the subject of the order about his/her notice or receipt of the order, his/her

knowledge of its terms and efforts to respond to the order.

(b) Check available records or databases that may show the status or conditions of the

order.

(d) Contact a law enforcement official from the jurisdiction where the order was issued

to verify information.

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Officers should document in an appropriate report their efforts to verify the validity of an order,

regardless of whether an arrest is made. Officers should contact a supervisor for clarification when

needed.

310.9 LEGAL MANDATES AND RELEVANT LAWS

Utah law provides for the following:

310.9.1 STANDARDS FOR ARRESTS

(a) Officers responding to a domestic violence call shall arrest or issue a citation

to a domestic violence offender if there is probable cause to believe an offense

has occurred. The offense need not occur in the officer's presence (Utah Code

77-36-2.2). Any citation issued shall note that the offense involved a domestic violence

offense (Utah Code 77-7-20).

(b) An officer shall arrest an alleged perpetrator whenever there is probable cause to

believe that the alleged perpetrator has violated any of the provisions of a court order

or condition of release agreement and there is evidence the order has been served.

The offense need not occur in the officer’s presence (Utah Code 77-36-2.4; Utah Code

78B-7-119).

victim or if there is evidence that the perpetrator has either recently caused serious

bodily injury or used a dangerous weapon in the domestic violence offense, the officer

may not utilize the option of issuing a citation (Utah Code 77-36-2.2). Factors that may

support the likelihood of a continuing offense include:

1. A prior history of arrests or citations involving domestic violence.

2. The alleged perpetrator is violating a court order.

3. The alleged perpetrator has a prior history of other assaultive behavior (e.g.,

arrests or convictions for assault and battery or aggravated assaults).

4. The victim states that the alleged perpetrator has a history of physical abuse

toward the victim.

5. The victim expresses fear of retaliation or further violence should the alleged

perpetrator be released.

6. Any other evidence that would indicate the victim may be subjected to continued

violence or abuse.

(d) In responding to domestic violence incidents, officers should generally be reluctant to

make dual arrests. If an officer receives complaints of domestic violence from two or

more opposing persons, the officer shall evaluate each complaint separately to identify

the predominant physical aggressor. If the officer determines that one person was the

predominant physical aggressor, the officer need not arrest the other person alleged

to have committed domestic violence. In determining the predominant aggressor, the

officer shall consider (Utah Code 77-36-2.2):

1. Any prior complaints of domestic violence.

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2. The relative severity of injuries inflicted on each person.

3. The likelihood of future injury to each of the parties.

4. Whether one of the parties acted in self-defense.

(e) An officer may not threaten, suggest, or otherwise indicate the possible arrest of all

parties in order to discourage any party’s request for intervention by law enforcement

(Utah Code 77-36-2.2).

(f) Whenever an alleged perpetrator is arrested or issued a citation and subsequently

released by this department, the releasing officer shall then make a reasonable effort

to notify the victim of that release and shall transmit that information to the statewide

domestic violence network (Utah Code 78B-7-802).

(g) An officer who does not make an arrest shall notify the victim of his/her right to

initiate a criminal proceeding and of the importance of preserving evidence (Utah Code

77-36-2.2).

(h) Whenever a complainant advises of the existence of a court order, the officer shall

determine if a valid court order exists and use every reasonable means to enforce

the order. The officer should determine whether the order is in the statewide domestic

violence network (Utah Code 78B-7-113) and/or:

1. Whether a court order is on file with a law enforcement agency or whether the

complainant has a copy of the court order in his/her possession.

2. Whether proof of service or prior notice exists, whether the alleged perpetrator

was in court when the order was made, or it was provided by a court ex parte.

3. The terms of the court order that may be enforced against the alleged

perpetrator.

(i) In the event the alleged perpetrator is no longer at the scene, officers shall document

the incident for follow-up investigation.

(j) If an arrest is made or a citation is issued, the arresting officer shall provide

the individual with written notice containing the following information (Utah Code

78B-7-802):

1. The individual may not telephone, contact, or otherwise communicate directly or

indirectly with the victim before being released.

2. The individual may not be released except by court order or a written jail release

agreement.

3. Notification of the penalties for violation of the court order or any jail release

agreement executed and that the individual must appear in court on the next

business day after arrest.

310.9.2 REPORTS AND RECORDS

(a) Reports on all incidents of domestic violence shall include (Utah Code 77-36-2.2):

1. The officer’s disposition of the case.

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2. The appropriate crime classification for domestic violence.

3. If no arrest was made, the report shall detail the grounds for not arresting.

4. If two parties are arrested, the report shall detail the grounds for arresting both

parties.

(b) The officer creating the report should provide the victim with the case number of

the report. The case number may be placed in the appropriate space on the victim

information handout provided to the victim. If the case number is not immediately

available, the officer should explain to the victim how he/she can obtain the information

at a later time.

77-36-2.2(6)(d)).

(d) The Records Manager shall forward a copy of the incident report to the appropriate

prosecuting attorney within five days after the complaint of domestic violence occurred

(Utah Code 77-36-2.2(6)(c)).

(e) The officer completing a domestic violence report should include information regarding

whether the victim would like the court to impose release restrictions upon the

arrestee, including prohibiting the arrestee from having personal contact with the victim

or from entering the victim's residence or other premises temporarily occupied by the

victim (Utah Code 78B-7-802).

(f) The Records Manager or the authorized designee shall update the statewide

domestic violence network when a person is released upon a written jail release

agreement (Utah Code 78B-7-802; Utah Code 78B-7-113).

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Search and Seizure

311.1 PURPOSE AND SCOPE

Both the federal and state constitutions provide every individual with the right to be free from

unreasonable searches and seizures. This policy provides general guidelines for West Jordan

Police Department personnel to consider when dealing with search and seizure issues.

311.2 POLICY

It is the policy of the West Jordan Police Department to respect the fundamental privacy rights

of individuals. Members of this department will conduct searches in strict observance of the

constitutional rights of persons being searched. All seizures by this department will comply with

relevant federal and state law governing the seizure of persons and property.

The Department will provide relevant and current training to officers as guidance for the application

of current law, local community standards and prosecutorial considerations regarding specific

search and seizure situations, as appropriate.

311.3 SEARCHES

The U.S. Constitution generally provides that a valid warrant is required in order for a search to

be valid. There are, however, several exceptions that permit a warrantless search.

Examples of law enforcement activities that are exceptions to the general warrant requirement

include, but are not limited to, searches pursuant to the following:

• Valid consent

• Incident to lawful arrest

• Legitimate community caretaking interests

• Vehicle searches under certain circumstances

• Exigent circumstances

Certain other activities are recognized by federal and state courts and by certain statutes as

legitimate law enforcement activities that also do not require a warrant. Such activities may include

seizure and examination of abandoned property, and observations of activities and property

located on open public areas.

Because case law regarding search and seizure is constantly changing and subject to

interpretation by the courts, each member of this department is expected to act in each situation

according to current training and his/her familiarity with clearly established rights as determined

by case law.

Whenever practicable, officers are encouraged to contact a supervisor to resolve questions

regarding search and seizure issues prior to electing a course of action.

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311.3.1 PAROLE SEARCHES

Absent a search warrant or other legal authority an officer may search the residence of a person on

parole only after obtaining approval from a parole officer. In other circumstances where an officer

stops a parolee and conducts a search of the parolee's person, personal effects or vehicle, the

officer shall notify a parole officer as soon as reasonably practicable after conducting the search

(Utah Code 77-23-301(3)(a) and (b)).

Officers shall not request or conduct a parole search for the purpose of harassment (Utah Code

77-23-301(4)).

311.3.2 IMAGING SURVEILLANCE DEVICE

An officer may not operate an imaging surveillance device to obtain information, not otherwise

directly observable, about individuals, items, or activities within a closed structure unless (Utah

Code 77-23d-103):

(a) A warrant has been obtained.

(b) Testing equipment or training is being performed.

1. Training or testing may not be conducted as part of a criminal investigation or

law enforcement activity.

2. Testing or training requires the consent of the individuals imaged and the owners

of the property to be imaged.

(d) While in fresh pursuit of a person suspected committing a felony.

311.3.3 ELECTRONIC INFORMATION AND DATA

Officers shall follow warrant and notification requirements when seeking electronic data or

information transmitted to a provider of a remote computing service or through a provider of an

electronic communication service (Utah Code 77-23c-102; Utah Code 77-23c-103; Utah Code

77-23c-104).

311.4 SEARCH PROTOCOL

Although conditions will vary and officer safety and other exigencies must be considered in every

search situation, the following guidelines should be followed whenever circumstances permit:

(a) Members of this department will strive to conduct searches with dignity and courtesy.

(b) Officers should explain to the person being searched the reason for the search and

how the search will be conducted.

interests and in a manner that minimizes damage. Property should be left in a condition

as close as reasonably possible to its pre-search condition.

(d) In order to minimize the need for forcible entry, an attempt should be made to obtain

keys, combinations or access codes when a search of locked property is anticipated.

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(e) When the person to be searched is of the opposite sex as the searching officer, a

reasonable effort should be made to summon an officer of the same sex as the subject

to conduct the search. When it is not practicable to summon an officer of the same

sex as the subject, the following guidelines should be followed:

1. Another officer or a supervisor should witness the search.

2. The officer should not search areas of the body covered by tight-fitting clothing,

sheer clothing or clothing that could not reasonably conceal a weapon.

311.5 DOCUMENTATION

Officers are responsible to document any search and to ensure that any required reports are

sufficient including, at minimum, documentation of the following:

•

Reason for the search

•

Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent

or keys)

•

What force, if any, was used to execute the search

•

Whether an announcement was made prior to or after entry into the premises

•

What, if any, injuries or damage occurred

•

All steps taken to secure property

•

The results of the search, including a description of any property or contraband seized

•

If the person searched is the opposite sex, any efforts to summon an officer of the

same sex as the person being searched and the identification of any witness officer

Supervisors shall review reports to ensure the reports are accurate, that actions are properly

documented and that current legal requirements and department policy have been met.

Policy

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Temporary Custody of Juveniles

312.1 PURPOSE AND SCOPE

This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention

Act for juveniles taken into temporary custody by members of the West Jordan Police Department

(34 USC § 11133).

312.1.1 DEFINITIONS

Definitions related to this policy include:

Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally

held for his/her own safety or welfare. This also includes any juvenile who may have initially been

contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was

taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent,

guardian, or other responsible person. Juveniles engaged in commercial sex or sexual solicitation

are non-offenders (Utah Code § 76-10-1302).

Juvenile offender - A juvenile under 18 who is alleged to have committed an offense that would

subject an adult to arrest (a non-status offense). It also includes possession of a handgun by a

person under 18 years of age in violation of Utah Code 76-10-509.4 (28 CFR 31.303).

Non-secure custody - When a juvenile is held in the presence of an officer or other custody

employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles

in non-secure custody may be handcuffed but not to a stationary or secure object. Personal

supervision, through direct visual monitoring and audio two-way communication is maintained.

Monitoring through electronic devices, such as video, does not replace direct visual observation.

Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell.

Secure custody also includes being physically secured to a stationary object.

Examples of secure custody include:

•

A juvenile left alone in an unlocked room within the secure perimeter of the adult

temporary holding area.

•

A juvenile handcuffed to a rail.

•

A juvenile placed in a room that contains doors with delayed egress devices that have

a delay of more than 30 seconds.

•

A juvenile being processed in a secure booking area when an unsecure booking area

is available.

•

A juvenile left alone in a secure booking area after being photographed and

fingerprinted.

•

A juvenile placed in a cell within the adult temporary holding area, whether or not the

cell door is locked.

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•

A juvenile placed in a room that is capable of being locked or contains object designed

for cuffing or restricting movement.

Sight and sound separation - Located or arranged to prevent physical, visual, or auditory

contact.

Status offender - A juvenile suspected of committing a criminal violation of the law that would

not be a criminal violation but for the age of the offender. Examples may include running away,

underage possession of tobacco, curfew violation, or truancy. A juvenile in custody on a court

order or warrant based upon a status offense is also a status offender.

312.2 POLICY

The West Jordan Police Department is committed to releasing juveniles from temporary custody

as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody

at the West Jordan Police Department. Juveniles should be held in temporary custody only for as

long as reasonably necessary for processing, transfer or release.

312.3 JUVENILES WHO SHOULD NOT BE HELD

Juveniles who exhibit certain behaviors or conditions should not be held at the West Jordan Police

Department. These include:

(a) Unconsciousness or having been unconscious while being taken into custody or

transported.

(b) Serious injuries or a medical condition requiring immediate medical attention.

disturbance (see the Civil Commitments Policy).

1. If the officer taking custody of a juvenile believes that he/she may be a suicide

risk, the officer shall ensure continuous direct supervision until evaluation,

release, or transfer to an appropriate facility is completed.

(d) Significant intoxication or showing signs of having ingested any substance that poses

a significant risk to their health, whether or not they appear intoxicated.

(e) Extremely violent or continuously violent behavior.

(f) Afflicted with, or displaying symptoms of, a communicable disease that poses an

unreasonable exposure risk.

Officers taking custody of a juvenile who exhibits any of the above conditions should take

reasonable steps to provide medical attention or mental health assistance and notify a supervisor

of the situation. These juveniles should not be held at the West Jordan Police Department unless

they have been evaluated by a qualified medical and/or mental health professional.

312.4 CUSTODY OF JUVENILES

Officers should take custody of a juvenile and temporarily hold the juvenile at the West Jordan

Police Department when there is no other lawful and practicable alternative to temporary custody.

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Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is

suspected of being a victim.

No juvenile should be held in temporary custody at the West Jordan Police Department without

authorization of the arresting officer's supervisor or the Watch Commander. Juveniles taken into

custody shall be held in non-secure custody unless otherwise authorized by this policy

Any juvenile taken into custody shall be released to the care of the juvenile’s parent or other

responsible adult, or transferred to a juvenile custody facility or to other authority as soon as

practicable, and in no event shall a juvenile be held beyond six hours from the time of his/her

entry into the West Jordan Police Department (34 USC § 11133; Utah Code 78A-6-112(4)(a);

Utah Code 62A-7-201; UAC R547-7-3).

312.4.1 CUSTODY OF JUVENILE NON-OFFENDERS

Non-offenders taken into protective custody in compliance with the Child Abuse Policy should

generally not be held at the West Jordan Police Department. Custodial arrangements should be

made for non-offenders as soon as reasonably possible. Juvenile non-offenders may not be held

in secure custody (34 USC § 11133; UAC R547-7-3(24)).

312.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS

Status offenders should generally be released by citation or with a warning rather than taken into

temporary custody. However, officers may take custody of a status offender if requested to do so

by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the

station to await a parent). Juvenile status offenders may not be held in secure custody (34 USC

§ 11133; UAC R547-7-3(24)).

312.4.3 CUSTODY OF JUVENILE OFFENDERS

Juvenile offenders should be held in non-secure custody while at the West Jordan Police

Department unless another form of custody is authorized by this policy or is necessary due to

exigent circumstances.

A juvenile offender may be taken into custody without order of the court if the officer has probable

cause to believe:

(a) The juvenile has violated a state law, federal law, local law, or municipal ordinance.

(b) The juvenile has committed an act which, if committed by an adult, would be a felony.

Officers who take a juvenile offender into temporary custody shall, without unnecessary delay,

notify the parents, guardian, or custodian (Utah Code 78A-6-112(3)(a)(i); Utah Code 76-10-1302).

A juvenile offender may not be held in temporary custody any longer than is reasonably necessary

to obtain the juvenile’s name, age, residence, and other necessary information, and to contact the

juvenile's parents, guardian, or custodian (Utah Code 78A-6-112(4)).

The juvenile offender shall be released to the care of a parent or other responsible adult, unless

the officer reasonably believes the juvenile's immediate welfare or the protection of the community

requires the juvenile's detention (Utah Code 78A-6-112(4)). Before releasing the juvenile offender,

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the parent or other person taking custody of the juvenile shall be required to sign a written promise

to bring the juvenile to the court at the specified date and time (Utah Code 78A-6-112(3)(d)).

If the juvenile offender is not released, the juvenile shall be taken to a place of detention or shelter

without unnecessary delay (Utah Code 78A-6-112(4); UAC R547-7-3(14)).

The officer who takes a juvenile offender to a detention or shelter facility shall promptly file with the

detention or shelter facility a written report on a form provided by the Division of Juvenile Justice

Services. This should include the details of the presently alleged offense, the facts which bring the

juvenile within the jurisdiction of the juvenile court, and the reason the juvenile was not released

by the Department (Utah Code 78A-6-112(5)).

312.5 JUVENILE CUSTODY LOGS

Any time a juvenile is held in custody at the Department, the custody shall be promptly and properly

documented in the juvenile custody log, including:

(a) Identifying information about the juvenile being held.

(b) Date and time of arrival and release from the West Jordan Police Department.

(d) Any charges for which the juvenile is being held and classification of the juvenile as a

juvenile offender, status offender or non-offender.

(e) Any changes in status (e.g., emergency situations, unusual incidents).

(f) Time of all welfare checks.

(g) Any medical and other screening requested and completed.

(h) Circumstances that justify any secure custody.

(i) Any other information that may be required by other authorities, such as compliance

inspectors or a local juvenile court authority.

The Watch Commander shall initial the log to approve the custody, including any secure custody,

and shall also initial the log when the juvenile is released.

312.6 NO-CONTACT REQUIREMENTS

Sight and sound separation shall be maintained between all juveniles and adults while in custody

at the Department (34 USC § 11133; Utah Code 62A-7-201). There should also be sight and

sound separation between non-offenders and juvenile and status offenders.

In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile

is being fingerprinted and/or photographed in booking), a member of the West Jordan Police

Department shall maintain a constant, immediate, side-by-side presence with the juvenile or the

adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts

shall be taken to end the contact.

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312.7 TEMPORARY CUSTODY REQUIREMENTS

Members and supervisors assigned to monitor or process any juvenile at the West Jordan Police

Department shall ensure:

(a) The Watch Commander is notified if it is anticipated that a juvenile may need to remain

at the West Jordan Police Department more than four hours. This will enable the Watch

Commander to ensure no juvenile is held at the West Jordan Police Department more

than six hours.

(b) Welfare checks and significant incidents/activities are noted on the log.

using the toilet.

1. There shall be no viewing devices, such as peep holes or mirrors, of which the

juvenile is not aware.

2. This does not apply to surreptitious and legally obtained recorded interrogations.

(d) A member of the same sex will supervise personal hygiene activities and care, such as

changing clothing or using the restroom, without direct observation to allow for privacy.

(e) There is reasonable access to toilets and wash basins.

(f) There is reasonable access to a drinking fountain or water.

(g) Food is provided if a juvenile has not eaten within the past four hours or is otherwise in

need of nourishment, including any special diet required for the health of the juvenile.

(h) There are reasonable opportunities to stand and stretch, particularly if handcuffed or

otherwise restrained.

(i) There is privacy during family, guardian, and/or attorney visits.

(j) Juveniles are generally permitted to remain in their personal clothing unless it is taken

as evidence or is otherwise unsuitable or inadequate for continued wear while in

custody.

(k) Clean blankets are provided as reasonably necessary to insure the comfort of an

individual.

1. The supervisor should ensure that there is an adequate supply of clean blankets.

(l) Adequate shelter, heat, light, and ventilation are provided without compromising

security or enabling escape.

(m) Adequate furnishings are available, including suitable chairs or benches.

(n) Juveniles have the right to the same number of telephone calls as adults in custody

(see the Temporary Custody of Adults Policy).

(o) Discipline is not administered to any juvenile, nor will juveniles be subjected to corporal

or unusual punishment, humiliation, or mental abuse.

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312.8 USE OF RESTRAINT DEVICES

Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints

Policy. A juvenile offender may be handcuffed at the West Jordan Police Department when the

juvenile presents a heightened risk. However, non-offenders and status offenders should not be

handcuffed unless they are combative or threatening.

Other restraints shall only be used after less restrictive measures have failed and with the

approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears

necessary for the juvenile's protection or the protection of others.

Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such

a way as to protect the juvenile from abuse.

312.8.1 PREGNANT JUVENILES

Juveniles who are known to be pregnant should be restrained in accordance with the Handcuffing

and Restraints Policy.

312.9 PERSONAL PROPERTY

The officer taking custody of a juvenile offender or status offender at the West Jordan Police

Department shall ensure a thorough search of the juvenile’s property is made and all property is

removed from the juvenile, especially those items that could compromise safety, such as pens,

pencils and belts.

The personal property of a juvenile should be placed in a property bag. The property should be

inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a

monitored or secure location until the juvenile is released from the custody of the West Jordan

Police Department.

312.10 SECURE CUSTODY

Only juvenile offenders 10 years and older may be placed in secure custody. Juveniles shall not

be placed in secure custody for more than two hours (Utah Code 62A-7-201(4); UAC R547-7-3).

Watch Commander approval is required before placing a juvenile offender in secure custody.

Secure custody should only be used for juvenile offenders when there is a reasonable belief that

the juvenile is a serious risk of harm to him/herself or others.

Members of this department should not use secure custody for convenience when non-secure

custody is, or later becomes, a reasonable option.

When practicable, handcuffing one hand of a juvenile offender to a fixed object while otherwise

maintaining the juvenile in non-secure custody should be considered as the method of secure

custody, rather than the use of a locked enclosure. An employee must be present at all times to

ensure the juvenile’s safety while secured to a stationary object.

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Generally, juveniles should not be secured to a stationary object for more than 60 minutes.

Supervisor approval is required to secure a juvenile to a stationary object for longer than 60

minutes and every 30 minutes thereafter. Supervisor approval should be documented.

312.10.1 LOCKED ENCLOSURES

Juvenile offenders shall not be placed in any locked enclosure unless the enclosure is certified by

the Commission on Criminal and Juvenile Justice as an approved holding room, the facility meets

the requirements of UAC R547-7, and there is no other alternative that will protect the juvenile

and the community (Utah Code 62A-7-201(4)).

A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure.

A second inspection shall be conducted after removing the juvenile. Any damage noted to the

room should be photographed and documented in the crime report.

The following requirements shall apply to a juvenile offender who is held inside a locked enclosure:

(a) The juvenile shall constantly be monitored by an audio/video system during the entire

time in custody.

(b) Juveniles shall have constant auditory access to department members.

(d) Random personal visual checks of the juvenile by a staff member, no less than every

15 minutes, shall occur.

1. All checks shall be logged.

2. The check should involve questioning the juvenile as to his/her well-being

(sleeping juveniles or apparently sleeping juveniles should be awakened).

3. Requests or concerns of the juvenile should be logged.

(e) Males and females shall not be placed in the same locked room.

(f) Juvenile offenders should be separated according to severity of the crime (e.g., felony

or misdemeanor).

(g) Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles.

312.11 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE

The Patrol Division Chief will ensure procedures are in place to address the suicide attempt, death,

or serious injury of any juvenile held at the West Jordan Police Department. The procedures should

include the following:

(a) Immediate request for emergency medical assistance if appropriate

(b) Immediate notification of the on-duty supervisor, Chief of Police, and Investigation

Division supervisor

(d) Notification of the appropriate prosecutor

(e) Notification of the City Attorney

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(f) Notification of the Medical Examiner

(g) Notification of the juvenile court

(h) Evidence preservation

312.12 INTERVIEWING OR INTERROGATING

No interview or interrogation of a juvenile should occur unless the juvenile has the apparent

capacity to consent, and does consent, to an interview or interrogation.

No interrogation of a juvenile should occur unless (Utah Code 78A-6-112.5):

(a) The juvenile has been advised of his/her constitutional rights, and the right to have a

parent, a legal guardian, or a friendly adult present during the interrogation.

(b) The juvenile voluntarily waives his/her constitutional rights.

waiver. A parent, legal guardian, or friendly adult is not required to be present for the

waiver or give consent if reasonable attempts to contact such an individual have been

unsuccessful for one hour after taking the juvenile into custody.

A juvenile under 14 years of age should have a parent, guardian, or legal custodian present when

the juvenile makes a Miranda waiver (Utah R. Juv. P. Rule 27A).

312.13 RESTRICTION ON FINGERPRINTING AND PHOTOGRAPHING

A juvenile offender 14 years of age or older may be photographed or fingerprinted by the Division

of Juvenile Justice Services upon admission to a detention facility or upon order of the juvenile

court. An officer should not photograph or fingerprint a juvenile (Utah Code 78A-6-1104).

312.14 RECORDS

Court decisions and legislation have combined to carefully specify situations in which information

may be given out or exchanged when a case involves a minor. Juvenile record disclosures are

governed by Utah Code, Title 63G, Chapter 2, Government Records Access and Management

Act (GRAMA) and the federal Family Educational Rights and Privacy Act (FERPA) (Utah Code

78A-6-112(3)(b)(iii)).

Officers shall not divulge any information regarding juveniles in situations where they are uncertain

of the legal authority to do so.

The Records Manager should maintain a copy of any current policy of the juvenile court concerning

authorized release of information and appropriate acknowledgment forms.

Only information authorized by law will be released to other agencies. It shall be the responsibility

of the Records Manager and the appropriate Investigation Division supervisors to ensure that

personnel of those bureaus act within legal guidelines.

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312.15 RELIGIOUS ACCOMMODATION

Juveniles have the right to the same religious accommodation as adults in temporary custody (see

the Temporary Custody of Adults Policy).

312.16 TRAINING

Members should be trained on and familiar with this policy and any supplemental procedures.

Policy

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Adult Abuse

313.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the investigation and reporting of suspected

abuse of certain adults who may be more vulnerable than others. This policy also addresses

mandatory notification for West Jordan Police Department members as required by law.

313.1.1 DEFINITIONS

Definitions related to this policy include:

Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim

when committed by a person responsible for the adult’s care, or any other act that would mandate

reporting or notification to a social service agency or law enforcement.

313.2 POLICY

The West Jordan Police Department will investigate all reported incidents of alleged adult abuse

and ensure proper reporting and notification as required by law.

313.3 MANDATORY NOTIFICATION

Members of the West Jordan Police Department shall notify Adult Protective Services (APS) when

the member has reason to believe that an elder or vulnerable adult has been abused.

For purposes of notification (Utah Code 62A-3-301):

(a) Abuse includes but is not limited to the intentional infliction of harm or emotional abuse,

the exploitation, or the neglect of an elder or vulnerable adult.

(b) Elder adult means someone age 65 or older.

mental or physical impairment that substantially affects the person’s ability to provide

for themselves or their own personal protection.

313.3.1 NOTIFICATION PROCEDURE

Notification should occur either by telephone or by utilizing the online reporting form provided by

APS immediately or as soon as practicable.

313.4 QUALIFIED INVESTIGATORS

Qualified investigators should be available to investigate cases of adult abuse. These investigators

should:

(a) Conduct interviews in appropriate interview facilities.

(b) Be familiar with forensic interview techniques specific to adult abuse investigations.

(d) Coordinate with other enforcement agencies, social service agencies and facility

administrators as needed.

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(e) Provide referrals to therapy services, victim advocates, guardians and support for the

victim and family as appropriate.

(f) Participate in or coordinate with multidisciplinary investigative teams as applicable.

313.4.1 MANDATORY COORDINATION

Members shall coordinate with APS to provide protection to victims and to investigate cases of

elder or vulnerable adult abuse (Utah Code 62A-3-305).

313.4 INVESTIGATIONS AND REPORTING

All reported or suspected cases of adult abuse require investigation and a report, even if the

allegations appear unfounded or unsubstantiated.

Investigations and reports related to suspected cases of adult abuse should address, as

applicable:

(a) The overall basis for the contact. This should be done by the investigating officer in all

circumstances where a suspected adult abuse victim is contacted.

(b) Any relevant statements the victim may have made and to whom he/she made the

statements.

person making the decision, and why other alternatives were not appropriate.

(d) Documentation of any visible injuries or any injuries identified by the victim. This should

include photographs of such injuries, if practicable.

(e) Whether the victim was transported for medical treatment or a medical examination.

(f) Whether the victim identified a household member as the alleged perpetrator, and a

list of the names of any other potential victims or witnesses who may reside in the

residence.

(g) Identification of any prior related reports or allegations of abuse, including other

jurisdictions, as reasonably known.

(h) Previous addresses of the victim and suspect.

(i) Other potential witnesses who have not yet been interviewed, such as relatives or

others close to the victim’s environment.

(j) If any photographs or audio and/or video recordings of the victim were taken (Utah

Code 62A-3-307).

Any unexplained death of an adult who was in the care of a guardian or caretaker should be

considered as potential adult abuse and investigated similarly.

313.4 PROTECTIVE CUSTODY

Before taking an adult abuse victim into protective custody when facts indicate the adult may

not be able to care for him/herself, the officer should make reasonable attempts to contact APS.

Generally, removal of an adult abuse victim from his/her family, guardian or other responsible

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adult should be left to the welfare authorities when they are present or have become involved in

an investigation.

Generally, members of this department should remove an adult abuse victim from his/her family

or guardian without a court order only when no other effective alternative is reasonably available

and immediate action reasonably appears necessary to protect the victim. Prior to taking an adult

abuse victim into protective custody, the officer should take reasonable steps to deliver the adult

to another qualified legal guardian, unless it reasonably appears that the release would endanger

the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the

adult is delivered to APS.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking

an adult abuse victim into protective custody. If prior notification is not practicable, officers should

contact a supervisor promptly after taking the adult into protective custody.

When adult abuse victims are under state control, have a state-appointed guardian or there are

other legal holdings for guardianship, it may be necessary or reasonable to seek a court order

on behalf of the adult victim to either remove the adult from a dangerous environment (protective

custody) or restrain a person from contact with the adult.

313.4.1 REMOVAL AND TRANSPORT OF ADULT ABUSE VICTIM

Removal and transport of an adult abuse victim by an officer may only occur under the following

conditions (Utah Code 62A-3-308):

(a) The officer has probable cause to believe that the adult abuse victim will suffer serious

physical injury if not immediately removed and transported to a safe environment.

(b) The adult abuse victim either refuses to consent or lacks capacity to consent to the

removal and transport.

for the removal and transport.

(d) The person will be taken to a medical or shelter facility.

The officer removing and transporting an adult abuse victim shall notify APS within four hours to

request that an emergency protective order be obtained from the court (Utah Code 62A-3-308).

313.5 MEDICAL EXAMINATIONS

When an adult abuse investigation requires a medical examination, the investigating officer should

obtain consent for such examination from the victim, guardian, agency or entity having legal

custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate

medical facility.

In cases where the alleged offender is a family member, guardian, agency or entity having legal

custody and is refusing to give consent for the medical examination, officers should notify a

supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide

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for officers to take the adult for a medical examination, the supervisor should consider other

government agencies or services that may obtain a court order for such an examination.

313.6 DRUG-ENDANGERED VICTIMS

A coordinated response by law enforcement and social services agencies is appropriate to meet

the immediate and longer-term medical and safety needs of an adult abuse victim who has been

exposed to the manufacturing, trafficking or use of narcotics.

313.6.1 SUPERVISOR RESPONSIBILITIES

The Detective Bureau supervisor should:

(a) Work with professionals from the appropriate agencies, including APS, other law

enforcement agencies, medical service providers and local prosecutors, to develop

community-specific procedures for responding to situations where there are adult

abuse victims endangered by exposure to methamphetamine labs or the manufacture

and trafficking of other drugs.

(b) Activate any available interagency response when an officer notifies the Detective

Bureau supervisor that he/she has responded to a drug lab or other narcotics crime

scene where an adult abuse victim is present or where evidence indicates that an

adult abuse victim lives.

narcotics crime scenes. The checklist will help officers document the environmental,

medical, social and other conditions that may affect the adult.

313.6.2 OFFICER RESPONSIBILITIES

Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is

present or where there is evidence that an adult abuse victim lives should:

(a) Document the environmental, medical, social and other conditions of the adult, using

photography as appropriate and the checklist or form developed for this purpose.

(b) Notify the Detective Bureau supervisor so an interagency response can begin.

313.7 STATE MANDATES AND OTHER RELEVANT LAWS

Utah requires or permits the following:

313.7.1 RECORDS BUREAU RESPONSIBILITIES

The Records Bureau is responsible for:

(a) Providing a copy of the adult abuse report to APS as required by law.

(b) Retaining the original adult abuse report with the initial case file.

313.7.2 RELEASE OF REPORTS

Information related to incidents of adult abuse or suspected adult abuse shall be confidential and

may only be disclosed pursuant to state law and the Records Maintenance and Release Policy

(Utah Code 62A-3-312).

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313.7.3 NOTIFICATION UPON ARREST OR ISSUANCE OF A CITATION

When an officer arrests or issues a citation to a person 18 years of age or older for adult abuse, the

officer shall provide the person with the written notice required by Utah Code 78B-7-802. Victims

shall be provided notice in accordance with the Victim and Witness Assistance Policy.

313.8 TRAINING

The Department should provide training on best practices in adult abuse investigations to

members tasked with investigating these cases. The training should include:

(a) Participating in multidisciplinary investigations, as appropriate.

(b) Conducting interviews.

(d) Availability of specialized forensic medical exams.

(e) Cultural competence (including interpretive services) related to adult abuse

investigations.

(f) Availability of victim advocates or other support.

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Discriminatory Harassment

314.1 PURPOSE AND SCOPE

The purpose of this policy is to prevent department members from being subjected to

discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is

intended to create a legal or employment right or duty that is not created by law.

314.2 POLICY

The West Jordan Police Department is an equal opportunity employer and is committed to

creating and maintaining a work environment that is free of all forms of discriminatory harassment,

including sexual harassment and retaliation. The Department will not tolerate discrimination

against employees in hiring, promotion, discharge, compensation, fringe benefits, and other

privileges of employment. The Department will take preventive and corrective action to address

any behavior that violates this policy or the rights and privileges it is designed to protect (Utah

Antidiscrimination Act, Utah Code, Title 34A, Chapter 5).

The non-discrimination policies of the Department may be more comprehensive than state or

federal law. Conduct that violates this policy may not violate state or federal law but still could

subject an employee to discipline.

314.3 DEFINITIONS

Definitions related to this policy include:

314.3.1 DISCRIMINATION

The Department prohibits all forms of discrimination, including any employment-related action by

a member that adversely affects an applicant or member and is based on actual or perceived

race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression,

age, disability, pregnancy, genetic information, veteran status, marital status, and any other

classification or status protected by law.

Discriminatory harassment, including sexual harassment, is verbal or physical conduct that

demeans or shows hostility or aversion toward an individual based upon that individual’s protected

class. It has the effect of interfering with a member’s work performance or creating a hostile or

abusive work environment.

Conduct that may, under certain circumstances, constitute discriminatory harassment can include

making derogatory comments; making crude and offensive statements or remarks; making slurs

or off-color jokes; stereotyping; engaging in threatening acts; making indecent gestures, pictures,

cartoons, posters, or material; making inappropriate physical contact; or using written material or

department equipment and/or systems to transmit or receive offensive material, statements, or

pictures. Such conduct is contrary to department policy and to a work environment that is free

of discrimination.

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314.3.2 RETALIATION

Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against

the person because the person has engaged in protected activity, filed a charge of discrimination,

participated in an investigation, or opposed a discriminatory practice. Retaliation will not be

tolerated.

314.3.3 SEXUAL HARASSMENT

The Department prohibits all forms of discrimination and discriminatory harassment, including

sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex.

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual

favors, or other verbal, visual, or physical conduct of a sexual nature when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition

of employment, position, or compensation.

(b) Submission to, or rejection of, such conduct is used as the basis for any employment

decisions affecting the member.

work performance or creating an intimidating, hostile, or offensive work environment.

314.3.4 ADDITIONAL CONSIDERATIONS

Discrimination and discriminatory harassment do not include actions that are in accordance with

established rules, principles, or standards, including:

(a) Acts or omission of acts based solely upon bona fide occupational qualifications

under the Equal Employment Opportunity Commission (EEOC) and the Utah Anti-

Discrimination and Labor Division.

(b) Bona fide requests or demands by a supervisor that the member improve the

member's work quality or output, that the member report to the job site on time, that the

member comply with City or department rules or regulations, or any other appropriate

work-related communication between supervisor and member.

314.4 RESPONSIBILITIES

This policy applies to all department members, who shall follow the intent of these guidelines

in a manner that reflects department policy, professional standards, and the best interest of the

Department and its mission.

Members are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct

or known violations of this policy to a supervisor. Any member who is not comfortable with reporting

violations of this policy to the member's immediate supervisor may bypass the chain of command

and make the report to a higher-ranking supervisor or manager. Complaints may also be filed with

the Chief of Police, the Director of Human Services, or the City Administrator.

Any member who believes, in good faith, that the member has been discriminated against,

harassed, or subjected to retaliation, or who has observed harassment, discrimination, or

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retaliation, is encouraged to promptly report such conduct in accordance with the procedures set

forth in this policy.

Supervisors and managers receiving information regarding alleged violations of this policy shall

determine if there is any basis for the allegation and shall proceed with resolution as stated below.

314.4.1 SUPERVISOR RESPONSIBILITIES

The responsibilities of supervisors and managers shall include but are not limited to:

(a) Continually monitoring the work environment and striving to ensure that it is free from

all types of unlawful discrimination, including sexual harassment or retaliation.

(b) Taking prompt, appropriate action within their work units to avoid and minimize the

incidence of any form of discrimination, harassment, or retaliation.

(d) Ensuring that members who make complaints or who oppose any unlawful

employment practices are protected from retaliation and that such matters are kept

confidential to the extent possible.

(e) Making a timely determination regarding the substance of any allegation based upon

all available facts.

(f) Notifying the Chief of Police or the Director of Human Services in writing of

the circumstances surrounding any reported allegations or observed acts of

discrimination, harassment or retaliation no later than the next business day.

314.4.2 SUPERVISOR’S ROLE

Supervisors and managers shall be aware of the following:

(a) Behavior of supervisors and managers should represent the values of the Department

and professional standards.

(b) False or mistaken accusations of discrimination, harassment or retaliation have

negative effects on the careers of innocent members.

Nothing in this section shall be construed to prevent supervisors or managers from discharging

supervisory or management responsibilities, such as determining duty assignments, evaluating

or counseling employees, or issuing discipline in a manner that is consistent with established

procedures.

314.4.3 QUESTIONS OR CLARIFICATION

Members with questions regarding what constitutes discrimination, sexual harassment, or

retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Director of

Human Services, or the City Administrator for further information, direction, or clarification.

314.5 INVESTIGATION OF COMPLAINTS

Various methods of resolution exist. During the pendency of any such investigation, the supervisor

of the involved members should take prompt and reasonable steps to mitigate or eliminate

any continuing abusive or hostile work environment. It is the policy of the Department that all

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complaints of discrimination, retaliation, or harassment shall be fully documented, and promptly

and thoroughly investigated.

314.5.1 SUPERVISOR RESOLUTION

Members who believe they are experiencing discrimination, harassment, or retaliation should be

encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional,

or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty

expressing the member's concern, or if this does not resolve the concern, assistance should be

sought from a supervisor or manager who is a rank higher than the alleged transgressor.

314.5.2 FORMAL INVESTIGATION

If the complaint cannot be satisfactorily resolved through the process described above, a formal

investigation will be conducted.

The person assigned to investigate the complaint will have full authority to investigate all aspects

of the complaint. Investigative authority includes access to records and the cooperation of any

members involved. No influence will be used to suppress any complaint and no member will be

subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for

offering testimony or evidence in an investigation.

Formal investigation of the complaint will be confidential to the extent possible and will include but

is not limited to details of the specific incident, frequency and dates of occurrences and names of

any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a

disciplinary process, up to and including termination, may result if retaliation occurs.

Members who believe they have been discriminated against, harassed, or retaliated against

because of their protected status are encouraged to follow the chain of command but may also

file a complaint directly with the Chief of Police, the Director of Human Services, or the City

Administrator.

314.5.3 ALTERNATIVE COMPLAINT PROCESS

No provision of this policy shall be construed to prevent any member from seeking legal redress

outside the Department. Members who believe that they have been harassed, discriminated

against, or retaliated against are entitled to bring complaints of employment discrimination to

federal, state, and/or local agencies responsible for investigating such allegations. Specific

time limitations apply to the filing of such charges. Members are advised that proceeding with

complaints under the provisions of this policy does not in any way affect those filing requirements.

314.6 DOCUMENTATION OF COMPLAINTS

All complaints or allegations shall be thoroughly documented on the appropriate forms and in a

manner designated by the Chief of Police. The outcome of all reports shall be:

•

Approved by the Chief of Police, the City Administrator, or the Director of Human

Services, depending on the ranks of the involved parties.

•

Maintained in accordance with the established records retention schedule.

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314.6.1 NOTIFICATION OF DISPOSITION

The complainant and/or victim will be notified in writing of the disposition of the investigation and

the action taken to remedy or address the circumstances giving rise to the complaint.

314.7 TRAINING

All new members shall be provided with a copy of this policy as part of their orientation. The policy

shall be reviewed with each new member. The member shall certify by signing the prescribed form

that the member has been advised of this policy, is aware of and understands its contents, and

agrees to abide by its provisions during the member's term with the Department.

All members shall receive annual training on the requirements of this policy and shall certify by

signing the prescribed form that they have reviewed the policy, understand its contents, and agree

that they will continue to abide by its provisions.

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Child Abuse

315.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.

This policy also addresses when West Jordan Police Department members are required to notify

the Division of Child and Family Services (DCFS) of suspected child abuse.

315.1.1 DEFINITIONS

Definitions related to this policy include:

Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18

years.

Child abuse - Any offense or attempted offense involving violence or neglect with a child victim

when committed by a person responsible for the child’s care or any other act that would mandate

notification to a social service agency (Utah Code 62A-4a-101).

315.2 POLICY

The West Jordan Police Department will investigate all reported incidents of alleged criminal child

abuse and ensure DCFS is notified as required by law.

315.3 MANDATORY NOTIFICATION

Members of the West Jordan Police Department shall notify DCFS when there is reason to believe

that a child has been subjected to abuse or neglect, when they observe a child being subjected to

conditions or circumstances that would reasonably result in abuse or neglect, or when any person

notifies the member of abuse or neglect (Utah Code 62A-4a-403).

For purposes of notification, abuse includes but is not limited to non-accidental harm (e.g.,

physical, emotional, or developmental injury or damage) or threatened harm of a child (e.g.,

actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk

of harm or neglect), sexual abuse (e.g., bigamy, incest, lewdness), sexual exploitation of a

child, human trafficking of a child, or causing the intentional death of the child's parent by his/

her natural parent. Abuse does not include reasonable discipline, restraint, weapon removal,

or management of a child or other legally justifiable acts (Utah Code 62A-4a-101; Utah Code

78A-6-105).

315.3.1 NOTIFICATION PROCEDURE

Notification should occur as follows (Utah Code 62A-4a-403):

(a) Notification shall be made immediately to the nearest DCFS office.

(b) The date and time of notification should be documented in the related report.

315.4 QUALIFIED INVESTIGATORS

Qualified investigators should be available for child abuse investigations. These investigators

should:

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(a) Conduct interviews in child appropriate interview facilities.

(b) Be familiar with forensic interview techniques specific to child abuse investigations.

(d) Coordinate with other enforcement agencies, social service agencies and school

administrators as needed.

(e) Provide referrals to therapy services, victim advocates, guardians and support for the

child and family as appropriate.

(f) Participate in or coordinate with multidisciplinary investigative teams as applicable.

315.5 INVESTIGATIONS AND REPORTING

In all reported or suspected cases of child abuse, officers shall write a report even if the allegations

appear unfounded or unsubstantiated.

Investigations and reports related to suspected cases of child abuse should address, as

applicable:

(a) The overall basis for the contact. This should be done by the investigating officer in all

circumstances where a suspected child abuse victim was contacted.

(b) The exigent circumstances that existed if officers interviewed the child victim without

the presence of a parent or guardian.

statements.

(d) If a child was taken into protective custody, the reasons, the name and title of the

person making the decision, and why other alternatives were not appropriate.

(e) Documentation of any visible injuries or any injuries identified by the child. This should

include photographs of such injuries, if practicable.

(f) Whether the child victim was transported for medical treatment or a medical

examination.

(g) Whether the victim identified a household member as the alleged perpetrator, and a

list of the names of any other children who may reside in the residence.

(h) Identification of any prior related reports or allegations of child abuse, including other

jurisdictions, as reasonably known.

(i) Previous addresses of the victim and suspect.

(j) Other potential witnesses who have not yet been interviewed, such as relatives or

others close to the victim’s environment.

All cases of the unexplained death of a child should be investigated as thoroughly as if it had been

a case of suspected child abuse (e.g., a sudden or unexplained death of an infant).

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315.5.1 COMMERCIAL SEX OR SEXUAL SOLICITATION INVOLVING A CHILD

When an officer encounters a child engaged in commercial sex or sexual solicitation, the officer

should (Utah Code 76-10-1315):

(a) Investigate possible human trafficking of the child.

(b) Refer the child to DCFS.

(d) Contact the child’s parent or guardian.

315.6 PROTECTIVE CUSTODY

Before taking any child into protective custody, the officer should make reasonable attempts to

contact DCFS. Generally, removal of a child from his/her family, guardian or other responsible

adult should be left to the child welfare authorities when they are present or have become involved

in an investigation.

Generally, members of this department should remove a child from his/her parent or guardian

without a court order only when no other effective alternative is reasonably available and

immediate action reasonably appears necessary to protect the child. Prior to taking a child into

protective custody, the officer should take reasonable steps to deliver the child to another qualified

parent or legal guardian, unless it reasonably appears that the release would endanger the child

or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is

delivered to DCFS.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking

a child into protective custody. If prior notification is not practicable, officers should contact a

supervisor promptly after taking a child into protective custody.

Children may only be removed from a parent or guardian in the following situations (Utah Code

62A-4a-202.1; Utah Code 78A-6-106):

(a)

When a court order has been issued authorizing the removal of the child.

(b)

Without a court order, when there exist exigent circumstances sufficient to relieve an

officer of the requirement to obtain a warrant.

(c)

Without a warrant when an officer obtains the consent of the child’s parent or guardian.

The above apply to removing a child from a home or school as well as from a parent or guardian.

315.6.1 NOTICE AFTER PROTECTIVE CUSTODY

An officer who takes a child into protective custody shall immediately use reasonable efforts to

locate and inform, through the most efficient means available, the child’s parents, non-custodial

parents, guardian or responsible relative of the information set forth in Utah Code 62A-4a-202.2.

This notice should include the written information prepared by the Utah Attorney General. Such

efforts to provide this notification should be documented in the related report.

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315.6.2 SAFE HAVEN LAW

A birth parent or parent's designee may leave a newborn child, age 30 days or less at any Utah

hospital that is open 24 hours. The hospital is responsible for contacting DCFS within 24 hours of

receiving the infant and DCFS assumes legal custody of the infant (Utah Code 62A-4a-801; Utah

Code 62A-4a-802).

315.7 INTERVIEWS

315.7.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should record the preliminary

interview with suspected child abuse victims. Officers should avoid multiple interviews with a child

victim and should attempt to gather only the information necessary to begin an investigation. When

practicable, investigating officers should defer interviews until a person who is specially trained

in such interviews is available. Generally, child victims should not be interviewed in the home or

location where the alleged abuse occurred.

315.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW

An officer should not detain a child involuntarily who is suspected of being a victim of child abuse

solely for the purpose of an interview or physical exam without the consent of a parent or guardian

unless one of the following applies:

(a)

Exigent circumstances exist, such as:

A reasonable belief that medical issues of the child need to be addressed

immediately.

A reasonable belief that the child is or will be in danger of harm if the interview

or physical exam is not immediately completed.

The alleged offender is the custodial parent or guardian and there is reason to

believe the child may be in continued danger.

(b)

A court order or warrant has been issued.

315.7.3 INTERVIEWS OF CHILDREN IN STATE CUSTODY

Officers should not interview a child who is in the custody of DCFS without the consent of the

child’s guardian ad litem. If a guardian ad litem has not been appointed, consent may be given

by DCFS (Utah Code 62A-4a-415).

315.8 MEDICAL EXAMINATIONS

If the child has been the victim of abuse that requires a medical examination, the investigating

officer should obtain consent for such examination from the appropriate parent, guardian or agency

having legal custody of the child. The officer should also arrange for the child’s transportation to

the appropriate medical facility.

In cases where the alleged offender is the custodial parent or guardian and is refusing consent

for the medical examination, officers should notify a supervisor before proceeding. If exigent

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circumstances do not exist or if state law does not provide for officers to take the child for a

medical examination, the notified supervisor should consider obtaining a court order for such an

examination.

315.9 DRUG-ENDANGERED CHILDREN

A coordinated response by law enforcement and social services agencies is appropriate to

meet the immediate and longer-term medical and safety needs of children exposed to the

manufacturing, trafficking or use of narcotics.

315.9.1 SUPERVISOR RESPONSIBILITIES

The Detective Bureau Supervisor should:

(a) Work with professionals from the appropriate agencies, including DCFS, other law

enforcement agencies, medical service providers and local prosecutors to develop

community specific procedures for responding to situations where there are children

endangered by exposure to methamphetamine labs or the manufacture and trafficking

of other drugs.

(b) Activate any available interagency response when an officer notifies the Detective

Bureau Supervisor that the officer has responded to a drug lab or other narcotics crime

scene where a child is present or where evidence indicates that a child lives there.

narcotics crime scenes. The checklist will help officers document the environmental,

medical, social and other conditions that may affect the child.

315.9.2 OFFICER RESPONSIBILITIES

Officers responding to a drug lab or other narcotics crime scene where a child is present or where

there is evidence that a child lives should:

(a)

Document the environmental, medical, social and other conditions of the child using

photography as appropriate and the checklist or form developed for this purpose.

(b)

Notify the Detective Bureau Supervisor so an interagency response can begin.

315.10 STATE MANDATES AND OTHER RELEVANT LAWS

Utah requires or permits the following:

315.10.1 RELEASE OF REPORTS

Information related to incidents of child abuse or suspected child abuse shall be confidential

and may only be disclosed pursuant to state law and the Records Maintenance and Release

Policy (Utah Code 62A-4a-412; Utah Code 77-37-4).

315.10.2 RECORDED INTERVIEWS

A parent or guardian of a child victim may view a recorded interview of the child unless (Utah

Code 77-37-4):

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(a) The suspect is also a parent or guardian of the child victim.

(b) The suspect resides in the home with the child victim.

the recording would compromise or impede the investigation.

The investigator should coordinate with the Children’s Justice Center to ensure the viewing takes

place within two business days of the request.

315.10.3 RETENTION REQUIREMENTS

Recordings of any interview of a child during the investigation of an allegation of any sexual abuse

of the child shall be retained for 18 years following the date of the last recording, unless the

prosecuting attorney requests in writing that the recording be retained for an additional period of

time (Utah Code 53-13-110.5).

315.10.4 NOTIFICATION UPON ARREST OR ISSUANCE OF A CITATION

When an officer arrests or issues a citation to a person 18 years of age or older for child abuse, the

officer shall provide the individual with the written notice required by Utah Code 78B-7-802. Victims

shall be provided notice in accordance with the Victim and Witness Assistance Policy.

315.10.5 NOTICE TO THE DEPARTMENT OF CORRECTIONS

The Records Bureau supervisor or the authorized designee shall ensure that the Department of

Corrections is notified (Utah Code 77-43-103):

(a) Within three business days of the receipt of a report or complaint of an offense listed

in Utah Code 77-43-102(2)(a) (child abuse or human trafficking of a child).

(b) Within five business days after the arrest of a suspect for any of the offenses listed

in Utah Code 77-43-102(2)(a).

315.11 TRAINING

The Department should provide training on best practices in child abuse investigations to members

tasked with investigating these cases. The training should include:

(a) Participating in multidisciplinary investigations, as appropriate.

(b) Conducting forensic interviews.

(d) Availability of specialized forensic medical exams.

(e) Cultural competence (including interpretive services) related to child abuse

investigations.

(f) Availability of victim advocate or guardian ad litem support.

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Missing Persons

316.1 PURPOSE AND SCOPE

This policy provides guidance for handling missing person investigations.

316.1.1 DEFINITIONS

Definitions related to this policy include:

At risk - This includes persons who:

(a) Are 13 years of age or younger.

(b) Regardless of age, are believed or determined to be experiencing one or more of the

following circumstances:

1. Out of the zone of safety for his/her chronological age and developmental stage.

2. Mentally or behaviorally disabled.

3. Drug dependent, including prescribed medication and/or illegal substances, and

the dependency is potentially life-threatening.

4. Absent from home for more than 24 hours before being reported to law

enforcement as missing.

5. In a life-threatening situation.

6. In the company of others who could endanger his/her welfare.

7. Absent in a way that is inconsistent with established patterns of behavior and

cannot be readily explained. Most children have an established and reasonably

predictable routine.

8. Involved in a situation that would cause a reasonable person to conclude the

person should be considered at risk.

Missing person - Any person who is reported missing to law enforcement when that person’s

location is unknown. This includes a person who is missing from his/her home environment and

is physically or mentally disabled, missing under circumstances that indicate that the person is

endangered, missing involuntarily or a victim of a catastrophe (Utah Code 26-2-27(1)(c)).

Missing person networks - Databases or computer networks that are available to law

enforcement and are suitable for obtaining information related to missing person investigations.

This includes the National Crime Information Center (NCIC) and the Utah Bureau of Criminal

Identification (BCI) Missing Persons Clearinghouse.

316.2 POLICY

The West Jordan Police Department does not consider any report of a missing person to be routine

and assumes that the missing person is in need of immediate assistance until an investigation

reveals otherwise. Priority shall be given to missing person cases over property-related cases.

Members will initiate an investigation into all reports of missing persons, regardless of the length

of time the person has been missing.

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316.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS

The Detective Bureau supervisor shall ensure the following forms and kits are developed and

available:

•

Missing person report form

•

Missing person investigation checklist that provides investigation guidelines and

resources that could be helpful in the early hours of a missing person investigation

•

Missing person school notification form

•

Medical records release form

•

Biological sample collection kits

316.4 ACCEPTANCE OF REPORTS

Any member encountering a person who wishes to report a missing person or runaway shall

render assistance without delay. This can be accomplished by accepting the report via telephone

or in-person and initiating the investigation. Those members who do not take such reports or who

are unable to give immediate assistance shall promptly dispatch or alert a member who can take

the report.

A report shall be accepted in all cases and regardless of where the person was last seen, where

the person resides or any question of jurisdiction.

316.5 INITIAL INVESTIGATION

Officers or other members conducting the initial investigation of a missing person should take the

following investigative actions, as applicable:

(a)

Respond to a dispatched call as soon as practicable.

(b)

Interview the reporting party and any witnesses to determine whether the person

qualifies as a missing person and, if so, whether the person may be at risk.

(c)

Notify a supervisor immediately if there is evidence that a missing person is either at

risk or may qualify for a public alert, or both (see the Public Alerts Policy).

(d)

Broadcast a "Be on the Look-Out" (BOLO) bulletin if the person is under 16 years

of age or there is evidence that the missing person is at risk. The BOLO should be

broadcast as soon as practicable but in no event more than one hour after determining

the missing person is under 16 years of age or may be at risk.

(e)

Ensure that entries are made into the appropriate missing person networks:

Immediately, when the missing person is at risk.

In all other cases, as soon as practicable, but not later than two hours from the

time of the initial report.

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(f)

Complete the appropriate report forms accurately and completely and initiate a search

as applicable under the facts.

(g)

Collect and/or review:

A photograph and fingerprint card of the missing person, if available.

A voluntarily provided biological sample of the missing person, if available (e.g.,

toothbrush, hairbrush).

Any documents that may assist in the investigation, such as court orders

regarding custody.

Any other evidence that may assist in the investigation, including personal

electronic devices (e.g., cell phones, computers).

(h) When circumstances permit and if appropriate, attempt to determine the missing

person’s location through his/her telecommunications carrier.

(i)

Contact the appropriate agency if the report relates to a missing person report

previously made to another agency and that agency is actively investigating the report.

When this is not practicable, the information should be documented in an appropriate

report for transmission to the appropriate agency. If the information relates to an at-risk

missing person, the member should notify a supervisor and proceed with reasonable

steps to locate the missing person.

316.6 REPORT PROCEDURES AND ROUTING

Members should complete all missing person reports and forms promptly and advise the

appropriate supervisor as soon as a missing person report is ready for review.

316.6.1 SUPERVISOR RESPONSIBILITIES

The responsibilities of the supervisor shall include, but are not limited to:

(a) Reviewing and approving missing person reports upon receipt.

1. The reports should be promptly sent to the Records Bureau.

(b) Ensuring resources are deployed as appropriate.

(d) Ensuring applicable notifications and public alerts are made and documented.

(e) Ensuring that records have been entered into the appropriate missing persons

networks.

(f) Taking reasonable steps to identify and address any jurisdictional issues to ensure

cooperation among agencies.

1. If the case falls within the jurisdiction of another agency, the supervisor should

facilitate transfer of the case to the agency of jurisdiction.

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316.6.2 RECORDS BUREAU RESPONSIBILITIES

The responsibilities of the Records Bureau receiving member shall include, but are not limited to:

(a) As soon as reasonable under the circumstances, notifying and forwarding a copy of

the report to the agency of jurisdiction for the missing person’s residence in cases

where the missing person is a resident of another jurisdiction.

(b) Notifying and forwarding a copy of the report to the agency of jurisdiction where the

missing person was last seen.

missing person’s intended or possible destination, if known.

(d) Forwarding a copy of the report to the Detective Bureau.

(e) Coordinating with the NCIC Terminal Contractor for Utah to have the missing person

record in the NCIC computer networks updated with additional information obtained

from missing person investigations (34 USC § 41308).

316.7 DETECTIVE BUREAU FOLLOW-UP

In addition to completing or continuing any actions listed above, the investigator assigned to a

missing person investigation:

(a) Should ensure that the missing person’s school is notified within 10 days if the missing

person is a juvenile.

1. The notice shall be in writing and should also include a photograph.

2. The investigator should meet with school officials as appropriate to stress the

importance of including the notice in the child’s student file, along with the

investigator’s contact information if the school receives a call requesting the

transfer of the missing child’s files to another school.

(b) Should re-contact the reporting person and/or other witnesses within 30 days of the

initial report and within 30 days thereafter to determine if any additional information

has become available.

additional information is available.

(d) Shall verify and update the Missing Persons Clearinghouse, NCIC and any other

applicable missing person networks within 30 days of the original entry into the

networks and every 30 days thereafter until the missing person is located (34 USC

§ 41308).

(e) Should continue to make reasonable efforts to locate the missing person and

document these efforts at least every 30 days.

(f) Shall maintain a close liaison with state and local child welfare systems and the

National Center for Missing and Exploited Children (NCMEC) if the missing person

is under the age of 21 and shall promptly notify NCMEC when the person is missing

from a foster care family home or childcare institution (34 USC § 41308).

(g) Should make appropriate inquiry with the Medical Examiner.

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(h) Should obtain and forward medical and dental records, photos, X-rays and biological

samples, as applicable.

(i) Shall attempt to obtain the most recent photograph for persons under 18 years of age

if it has not been obtained previously and forward the photograph to the Utah BCI and

enter the photograph into applicable missing person networks (34 USC § 41308).

(j) Should consider making appropriate entries and searches in the National Missing and

Unidentified Persons System (NamUs).

(k) In the case of an at-risk missing person or a person who has been missing for an

extended time, should consult with a supervisor regarding seeking federal assistance

from the FBI and the U.S. Marshals Service (28 USC § 566).

316.8 WHEN A MISSING PERSON IS FOUND

When any person reported missing is found, the assigned investigator shall document the

location of the missing person in the appropriate report, notify the relatives and/or reporting

party, as appropriate, and other involved agencies, and refer the case for additional investigation

if warranted.

The Records Manager should ensure that, upon receipt of information that a missing person has

been located, the following occurs:

(a)

Notification is made to the Utah BCI.

(b)

A missing child’s school is notified.

(c)

Entries are made in the applicable missing person networks.

(d)

When a person is at risk, the fact that the person has been found should be reported

within 24 hours to the Utah BCI.

(e)

Notification shall be made to any other law enforcement agency that took the initial

report or participated in the investigation.

316.8.1 UNIDENTIFIED PERSONS

Department members investigating a case of an unidentified person who is deceased or a living

person who cannot assist in identifying him/herself should:

(a) Obtain a complete description of the person.

(b) Enter the unidentified person’s description into the NCIC Unidentified Person File.

person.

316.9 CASE CLOSURE

The Detective Bureau supervisor may authorize the closure of a missing person case after

considering the following:

(a) Closure is appropriate when the missing person is confirmed returned or evidence

matches an unidentified person or body.

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(b) If the missing person is a resident of West Jordan or this department is the lead agency,

the case should be kept under active investigation for as long as the person may still

be alive. Exhaustion of leads in the investigation should not be a reason for closing

a case.

leads have been exhausted, the lead agency has been notified and entries are made

in the applicable missing person networks, as appropriate.

(d) A missing person case should not be closed or reclassified because the person would

have reached a certain age or adulthood or because the person is now the subject

of a criminal or civil warrant.

316.10 TRAINING

Subject to available resources, the Training Sergeant should ensure that members of this

department whose duties include missing person investigations and reports receive training that

includes:

(a) The initial investigation:

1. Assessments and interviews

2. Use of current resources, such as Mobile Audio Video (MAV)

3. Confirming missing status and custody status of minors

4. Evaluating the need for a heightened response

5. Identifying the zone of safety based on chronological age and developmental

stage

(b) Briefing of department members at the scene.

involuntary, juvenile and catastrophe).

(d) Verifying the accuracy of all descriptive information.

(e) Initiating a neighborhood investigation.

(f) Investigating any relevant recent family dynamics.

(g) Addressing conflicting information.

(h) Key investigative and coordination steps.

(i) Managing a missing person case.

(j) Additional resources and specialized services.

(k) Update procedures for case information and descriptions.

(l) Preserving scenes.

(m) Internet and technology issues (e.g., Internet use, cell phone use).

(n) Media relations.

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Public Alerts

317.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for alerting the public to important information

and soliciting public aid when appropriate.

317.2 POLICY

Public alerts may be employed using the Emergency Alert System (EAS), local radio, television

and press organizations and other groups to notify the public of incidents, or enlist the aid of the

public when the exchange of information may enhance the safety of the community. Various types

of alerts may be available based upon each situation and the alert system's individual criteria.

317.3 RESPONSIBILITIES

317.3.1 MEMBER RESPONSIBILITIES

Members of the West Jordan Police Department should notify their supervisor, Watch

Commander, or Detective Bureau Supervisor as soon as practicable upon learning of a situation

where public notification, a warning, or enlisting the help of the media and public could assist in

locating a missing person, apprehending a dangerous person, or gathering information.

317.3.2 SUPERVISOR RESPONSIBILITIES

A supervisor apprised of the need for a public alert is responsible to make the appropriate

notifications based upon the circumstances of each situation. The supervisor shall promptly notify

the Chief of Police, the appropriate Division Chief and the Public Information Officer when any

public alert is generated.

The supervisor in charge of the investigation to which the alert relates is responsible for the

following:

(a) Updating alerts

(b) Canceling alerts

(d) Preparing an after-action evaluation of the investigation to be forwarded to the Division

Chief

317.4 AMBER ALERTS

AMBER Alert is the recruitment of public assistance to locate an abducted child via a widespread

media alert. Utilizing the assistance of local radio, television and press affiliates the public will be

notified of the circumstances of a child’s abduction and how they can assist law enforcement in

the child’s recovery. The goal of the AMBER Alert program is the safe return of an abducted child

by establishing an effective partnership between the community, the media and law enforcement.

The AMBER Alert Plan is tested every year on January 13th and August 26th.

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The AMBER Alert does not preclude any law enforcement agency from utilizing or implementing

in-house procedures, policies or practices.

317.4.1 CRITERIA

AMBER Alerts are not to be used for cases involving custodial disputes or runaways that do not

meet the criteria. The Department may consider issuing an Endangered Missing Advisory to inform

law enforcement and the public about cases that don’t meet the criteria for an AMBER Alert.

The four criteria required for an AMBER Alert are as follows:

(a) A confirmed abduction (non-family, non-custodial).

(b) The child is 17-years of age or younger.

(d) There is sufficient information available to give out to the public that could assist in the

safe recovery of the victim and/or the apprehension of a suspect.

317.4.2 PROCEDURE

(a) AMBER Alerts are initiated solely by Utah law enforcement agencies utilizing the Utah

AMBER Alert Information Form and by meeting the guidelines set forth on that form.

The supervisor in charge of the investigation should ensure:

1. The Bureau of Criminal Identification (BCI) is contacted and informed an alert

is about to be sent.

2. The Utah AMBER Alert Form is prepared using the Utah Criminal Justice

Information System (UCJIS) in full (UAA message). A Field AMBER Alert

Information Form is available on the Utah Attorney General Office website to

help you gather information.

3. The information (plus photo if available) is entered in the National Crime

Information Center (NCIC) using the AMBER Alert Flag (AA).

4. “Hotline” telephone banks are set up and staffed. Consider allocating additional

resources from other law enforcement agencies.

5. A photograph of the abducted child and/or suspect is obtained and as soon as

possible and emailed or faxed to Utah AMBER Alert.

6. A Public Information Officer is appointed to handle the press. Once the alert has

been activated, media coverage can be overwhelming. The Public Information

Officer should be updated constantly to utilize the media as much as possible

and receive the maximum exposure for the case.

(b) The supervisor may also consider the following resources as the circumstances

dictate:

1. The regional Child Abduction Response Team (CART).

2. The State of Utah CART.

3. Federal Bureau of Investigation (FBI Local Office).

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4. Prompt entry of information into the Department of Justice Missing Person

System (MUPS/NCIC).

5. National Center for Missing and Exploited Children.

6. Regional dispatchers may notify law enforcement agencies within their

jurisdiction.

7. BCI can contact other states if an AMBER Alert needs to be broadcast outside

of Utah. BCI can also provide training or training materials.

8. The Utah Public Information Officer Association can provide assistance.

9. A Child is Missing will contact residents and businesses in the area where the

child was last seen by using an automated telephone system. The service is free.

10. Team Adam Provides experienced child abduction investigators, technical

assistance and equipment for free of charge to agencies during child abduction

and sexual exploitation investigations.

11. Project Alert Provides retired federal, state and local law enforcement officers

who volunteer their time and expertise as unpaid consultants in missing or

exploited child cases. All travel arrangements and costs are paid for by NCMEC.

12. Laura Recovery Center will help organize community ground searches. The non-

profit organization offers its services for free.

updates regarding the search and investigation, and notified immediately upon

locating the abducted child.

317.5 ENDANGERED MISSING ADVISORY

The Endangered Missing Advisory is a system to rapidly disseminate information about a missing

and/or endangered person to law enforcement agencies and the media. The Endangered Missing

Advisory is a voluntary partnership between law enforcement and local broadcasters for notifying

the public about a missing and endangered person. The advisories are initiated solely by Utah

law enforcement agencies.

317.5.1 CRITERIA

The following criteria must be met to initiate an Endangered Missing Advisory:

(a) The person must be missing under unexplained or suspicious circumstances.

(b) The person is believed to be in danger because of age, health, mental or physical

disability, environment or weather conditions, in the company of a potentially

dangerous person or some other factor that may put the person in peril.

person.

317.5.2 PROCEDURE

When the required criteria are met, the assigned officer should request that Dispatch activate an

Endangered Missing Advisory by entering descriptive information and officer contact information

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into the appropriate UCJIS transaction and by contacting the Bureau of Criminal Identification.

The assigned officer is responsible to ensure that information is entered into the National Crime

Information Center (NCIC) database.

317.6 SILVER ALERTS

Silver Alerts are used to provide a statewide system for the rapid dissemination of information

regarding a missing endangered adult (Utah Code 53-10-702).

317.6.1 CRITERIA

The following criteria must be met to initiate a Silver Alert:

(a) The person is reported missing.

(b) The person reported missing is 60 years of age or older or has some form of

Alzheimer's disease or other forms of dementia resulting in continual loss of memory

or awareness dementia (Utah Code 53-10-703).

317.6.2 PROCEDURE

When the required criteria are met, the assigned officer should request that Dispatch initiate a

Silver Alert by contacting BCI through the UCJIS system and providing descriptive information,

the specific area in which the missing person was last seen, and the officer contact information

(UT ADC R722-400-4).

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Victim and Witness Assistance

318.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that crime victims and witnesses receive appropriate

assistance, that they are provided with information from government and private resources, and

that the agency meets all related legal mandates.

318.2 POLICY

The West Jordan Police Department is committed to providing guidance and assistance to the

victims and witnesses of crime. The employees of the West Jordan Police Department will show

compassion and understanding for victims and witnesses and will make reasonable efforts to

provide the support and information identified in this policy.

318.3 CRIME VICTIM LIAISON

The Chief of Police should appoint a member of the Department to serve as the crime victim

liaison. The crime victim liaison will be the point of contact for individuals requiring further

assistance or information from the West Jordan Police Department regarding benefits from crime

victim resources. This person shall also be responsible for maintaining compliance with all legal

mandates related to crime victims and/or witnesses.

318.3.1 CRIME VICTIM LIAISON DUTIES

The crime victim liaison processes requests to review open investigations as set forth in Utah

Code 11-64-101 (Victim Rights Amendments).

318.4 CRIME VICTIMS

Officers should provide all victims with the applicable victim information handouts.

Officers should never guarantee a victim’s safety from future harm but may make practical safety

suggestions to victims who express fear of future harm or retaliation. Officers should never

guarantee that a person qualifies as a victim for the purpose of compensation or restitution but

may direct him/her to the proper written department material or available victim resources.

318.5 VICTIM INFORMATION

The Administration Division Chief shall ensure that victim information handouts are available and

current. These should include as appropriate:

(a) Shelters and other community resources for victims of domestic violence.

(b) Community resources for victims of sexual assault (Utah Code 76-5-504).

medical exams, and information about evidence collection, storage, and preservation

in sexual assault cases (34 USC § 10449; 34 USC § 20109).

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(d) An advisement that a person who was arrested may be released on bond or some

other form of release and that the victim should not rely upon an arrest as a guarantee

of safety.

(e) A clear explanation of relevant court orders and how they can be obtained.

(f) Information regarding available compensation for qualifying victims of crime.

(g) VINE® information (Victim Information and Notification Everyday), including the

telephone number and whether this free service is available to allow victims to check

on an offender’s custody status and to register for automatic notification when a person

is released from jail.

(h) Notice regarding U Visa and T Visa application processes.

(i) Resources available for victims of identity theft.

(j) A place for the officer’s name, badge number, and any applicable case or incident

number.

(k) The written notices for victims of domestic violence and other qualifying offenses as

mandated by Utah Code 78B-7-802 and Utah Code 77-36-2.1.

(l) Local victim centers.

(m) The Utah Department of Corrections (UDC) Victim Services Unit, which can provide

assistance and support to victims whose victimizers are in the custody of the UDC.

(n) Office of Crime Victim Reparations Program that offers financial assistance.

(o) The Federal Department of Justice Office for Victims of Crime (OVC), which can also

provide assistance.

(p) The Utah Crime Victims’ Bill of Rights (Utah Code 77-37-3).

(q) Rights and remedies available to victims of stalking or dating violence (Utah Code

76-5-106.5; Utah Code 78B-7-408).

(r) Eligibility and process to request review of investigations (Utah Code 11-64-101).

(s) The written notices for victims of sexual violence as mandated by Utah Code

78B-7-509.

318.6 VICTIM ASSISTANCE FOR STALKING

Officers investigating allegations of stalking should take reasonable steps to protect the victim and

any family or household member. This includes the following (Utah Code 76-5-106.5):

(a) Victims shall be provided with the West Jordan Police Department stalking information

handout, even if the incident may not rise to the level of a crime.

(b) Victims shall also be alerted to any available victim advocates, shelters, and

community resources.

essential items of personal property, officers shall stand by for a reasonable amount

of time.

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(d) If the victim has sustained injury or complains of pain, officer shall seek medical

assistance for the victim as soon as practicable.

(e) Officers should ask the victim whether he/she has a safe place to stay and assist in

arranging transportation to an alternate shelter if the victim expresses a concern for

his/her safety or if the officer determines that a need exists.

(f) Officer should make reasonable efforts to ensure that any children or dependent adults

who are under the supervision of the suspect or victim are being properly cared for.

(g) If appropriate, officer shall seek or assist the victim in obtaining an emergency order.

(h) Seize any firearms or other dangerous weapons, if appropriate and legally permitted,

for safekeeping or as evidence.

318.7 WITNESSES

Officers should never guarantee a witness’s safety from future harm or that his/her identity will

always remain confidential. Officers may make practical safety suggestions to witnesses who

express fear of future harm or retaliation.

Officers should investigate allegations of witness intimidation and take enforcement action when

lawful and reasonable.

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Hate Crimes

319.1 PURPOSE AND SCOPE

This department recognizes and places a high priority on any individual's constitutional right to the

lawful expression of free speech or other recognized rights secured by the Constitution or laws

of the state or by the Constitution or laws of the United States. When such rights are infringed

upon by violence, threats or other harassment, this department will utilize all available resources

to see that justice is served under the law. This policy has been developed to provide members

of the Department with guidelines for identifying and investigating incidents and crimes that may

be motivated by hatred or other bias.

319.1.1 FEDERAL JURISDICTION

The federal government also has the power to investigate and prosecute bias-motivated violence

by providing the U.S. Department of Justice with jurisdiction over crimes of violence where the

perpetrator has selected the victim because of the person's actual or perceived race, color,

religion, national origin, ethnicity, gender, sexual orientation, gender identity or expression, or

disability (18 USC § 249).

319.2 DEFINITIONS

Intimidate or terrorize - Means an act which causes the person to fear for his/her physical safety

or damages the property of that person or another. The act must be accompanied with the intent

to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any

right secured by the Constitution or laws of the state or by the Constitution or laws of the United

States (Utah Code 76-3-203.3(3)).

319.3 CRIMINAL STATUTES

Utah Code 76-3-203.3 (Penalty for Hate Crimes) and Utah Code 76-3-203.4 (Hate Crimes -

Aggravating Factors).

319.4 PREVENTING AND PREPARING FOR LIKELY HATE CRIMES

While it is recognized that not all crime can be prevented, this department is committed to taking

a proactive approach to preventing and preparing for likely hate crimes by, among other things:

(a)

Officers should make an affirmative effort to establish contact with persons and groups

within the community who are likely targets of hate crimes to form and cooperate with

prevention and response networks.

(b)

Providing victim assistance and follow-up as outlined below, including community

follow-up.

319.5 PROCEDURE FOR INVESTIGATING HATE CRIMES

Whenever any member of the Department receives a report of a suspected hate crime or other

activity that reasonably appears to involve a potential hate crime, the following should occur:

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(a)

Officers will be promptly assigned to contact the victim, witness, or reporting party to

investigate the matter further as circumstances may dictate.

(b)

A supervisor should be notified of the circumstances as soon as practical.

(c)

Once “in progress” aspects of any such situation have been stabilized (e.g., treatment

of victims, apprehension of present suspects), the assigned officers will take all

reasonable steps to preserve available evidence that may tend to establish that a hate

crime was involved.

(d)

The assigned officers will interview available witnesses, victims and others to

determine what circumstances, if any, indicate that the situation may involve a hate

crime.

(e)

Depending on the situation, the assigned officers or supervisor may request additional

assistance from detectives or other resources to further the investigation.

(f)

The assigned officers will include all available evidence indicating the likelihood of a

hate crime in the relevant reports. All related reports will be clearly marked as “Hate

Crimes” and, absent prior approval of a supervisor, will be completed and submitted

by the assigned officers before the end of the shift.

(g)

The assigned officers will provide the victims of any suspected hate crime with a

brochure on hate crimes. Such brochures will also be available to members of the

general public upon request. The assigned officers should also make reasonable

efforts to assist the victims by providing available information on local assistance

programs and organizations.

(h)

The assigned officers and supervisor should take reasonable steps to ensure that any

such situation does not escalate further (e.g., possible Temporary Restraining Order

through the Prosecuting Attorney or City Attorney).

319.6 TRAINING

All members of the Department will receive training approved by Utah Police Officer Standards

and Training on hate crime recognition and investigation.

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Standards of Conduct

320.1 PURPOSE AND SCOPE

This policy establishes standards of conduct that are consistent with the values and mission of

the West Jordan Police Department and are expected of all department members. The standards

contained in this policy are not intended to be an exhaustive list of requirements and prohibitions

but they do identify many of the important matters concerning conduct. In addition to the provisions

of this policy, members are subject to all other provisions contained in this manual as well as any

additional guidance on conduct that may be disseminated by this department or the member’s

supervisors.

320.2 POLICY

The continued employment or appointment of every member of the West Jordan Police

Department shall be based on conduct that reasonably conforms to the guidelines set forth herein.

Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for

disciplinary action.

320.3 DIRECTIVES AND ORDERS

Members shall comply with lawful directives and orders from any department supervisor or person

in a position of authority, absent a reasonable and bona fide justification.

320.3.1 UNLAWFUL OR CONFLICTING ORDERS

Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a

violation of any law or department policy. Supervisors should not issue orders that conflict with

any previous order without making reasonable clarification that the new order is intended to

countermand the earlier order.

No member is required to obey any order that appears to be in direct conflict with any federal

law, state law or local ordinance. Following a known unlawful order is not a defense and does not

relieve the member from criminal or civil prosecution or administrative discipline. If the legality of

an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or

shall confer with a higher authority. The responsibility for refusal to obey rests with the member,

who shall subsequently be required to justify the refusal.

Unless it would jeopardize the safety of any individual, members who are presented with a lawful

order that is in conflict with a previous lawful order, department policy or other directive shall

respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible

for either resolving the conflict or clarifying that the lawful order is intended to countermand the

previous lawful order or directive, in which case the member is obliged to comply. Members who

are compelled to follow a conflicting lawful order after having given the issuing supervisor the

opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order

or directive that was initially issued.

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The person countermanding the original order shall notify, in writing, the person issuing the original

order, indicating the action taken and the reason.

320.3.2 SUPERVISOR RESPONSIBILITIES

Supervisors and managers are required to follow all policies and procedures and may be subject

to discipline for:

(a) Failure to be reasonably aware of the performance of their subordinates or to provide

appropriate guidance and control.

(b) Failure to promptly and fully report any known misconduct of a member to his/her

immediate supervisor or to document such misconduct appropriately or as required

by policy.

or are indifferent to any such violation by a subordinate.

(d) The unequal or disparate exercise of authority on the part of a supervisor toward any

member for malicious or other improper purpose.

320.4 GENERAL STANDARDS

Members shall conduct themselves, whether on- or off-duty, in accordance with the United States

and Utah constitutions and all applicable laws, ordinances, and rules enacted or established

pursuant to legal authority.

Members shall familiarize themselves with policies and procedures and are responsible for

compliance with each. Members should seek clarification and guidance from supervisors in the

event of any perceived ambiguity or uncertainty.

Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule

violation be cited to sustain discipline. This policy is not intended to cover every possible type of

misconduct.

320.4 CAUSES FOR DISCIPLINE

The following are illustrative of causes for disciplinary action. This list is not intended to cover every

possible type of misconduct and does not preclude the recommendation of disciplinary action

for violation of other rules, standards, ethics and specific action or inaction that is detrimental to

efficient department service.

320.4.1 LAWS, RULES AND ORDERS

(a) Violation of, or ordering or instructing a subordinate to violate any policy, procedure,

rule, order, directive, requirement or failure to follow instructions contained in

department or City manuals.

(b) Disobedience of any legal directive or order issued by any department member of a

higher rank.

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320.4.2 ETHICS

(a) Using or disclosing one’s status as a member of the West Jordan Police Department

in any way that could reasonably be perceived as an attempt to gain influence or

authority for non-department business or activity.

(b) The wrongful or unlawful exercise of authority on the part of any member for malicious

purpose, personal gain, willful deceit, or any other improper purpose.

to the performance of the member's duties (lawful subpoena fees and authorized work

permits excepted).

(d) Acceptance of fees, gifts, or money contrary to the rules of this department and/or

laws of the state.

(e) Offer or acceptance of a bribe or gratuity.

(f) Misappropriation or misuse of public funds, property, personnel, or services.

(g) The unauthorized personal use of public money or public property in violation of Utah

Code § 76-8-402.

(h) Any other failure to abide by the standards of ethical conduct.

320.4.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM

Unless required by law or policy, discriminating against, oppressing, or providing favoritism to

any person because of actual or perceived characteristics such as race, ethnicity, national origin,

religion, sex, sexual orientation, gender identity or expression, age, disability, economic status,

cultural group, veteran status, marital status, and any other classification or status protected

by law, or intentionally denying or impeding another in the exercise or enjoyment of any right,

privilege, power, or immunity, knowing the conduct is unlawful.

320.4.4 RELATIONSHIPS

(a) Unwelcome solicitation of a personal or sexual relationship while on-duty or through

the use of one’s official capacity.

(b) Engaging in on-duty sexual activity including, but not limited to, sexual intercourse,

excessive displays of public affection or other sexual contact.

result of an investigation, with a known victim, witness, suspect or defendant while a

case is being investigated or prosecuted, or as a direct result of any official contact.

(d) Associating with or joining a criminal gang, organized crime and/or criminal syndicate

when the member knows or reasonably should know of the criminal nature of the

organization. This includes any organization involved in a definable criminal activity or

enterprise, except as specifically directed and authorized by this department.

(e) Associating on a personal, rather than official basis with persons who demonstrate

recurring involvement in serious violations of state or federal laws after the member

knows, or reasonably should know of such criminal activities, except as specifically

directed and authorized by this department.

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320.4.5 ATTENDANCE

(a) Leaving the job to which the member is assigned during duty hours without reasonable

excuse and proper permission and approval.

(b) Unexcused or unauthorized absence or tardiness.

(d) Failure to report to work or to the place of assignment at the time specified and fully

prepared to perform duties without reasonable excuse.

320.4.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE

(a) Unauthorized and inappropriate intentional release of confidential or protected

information, materials, data, forms, or reports obtained as a result of the member’s

position with this department.

(b) Disclosing to any unauthorized person any active investigation information.

accessed as a result of employment or appointment to this department for personal

or financial gain or without the express authorization of the Chief of Police or the

authorized designee.

(d) Loaning, selling, allowing unauthorized use, giving away, or appropriating any

department property for personal use, personal gain, or any other improper or

unauthorized use or purpose.

(e) Using department resources in association with any portion of an independent civil

action. These resources include but are not limited to personnel, vehicles, equipment,

and non-subpoenaed records.

320.4.7 EFFICIENCY

(a) Neglect of duty.

(b) Unsatisfactory work performance including but not limited to failure, incompetence,

inefficiency, or delay in performing and/or carrying out proper orders, work

assignments, or the instructions of supervisors without a reasonable and bona fide

excuse.

work.

(d) Unauthorized sleeping during on-duty time or assignments.

(e) Failure to notify the Department within 24 hours of any change in residence address

or contact numbers.

(f) Failure to notify the Department of Human Resources of changes in relevant personal

information (e.g., information associated with benefits determination) in a timely

fashion.

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320.4.8 PERFORMANCE

(a) Failure to disclose or misrepresenting material facts, or making any false or misleading

statement on any application, examination form, or other official document, report or

form, or during the course of any work-related investigation.

(b) The falsification of any work-related records, making misleading entries or statements

with the intent to deceive or the willful and unauthorized removal, alteration,

destruction and/or mutilation of any department record, public record, book, paper or

document.

omitting material information to a supervisor or other person in a position of authority,

in connection with any investigation or in the reporting of any department-related

business.

(d) Being untruthful or knowingly making false, misleading or malicious statements that

are reasonably calculated to harm the reputation, authority or official standing of this

department or its members.

(e) Disparaging remarks or conduct concerning duly constituted authority to the extent

that such conduct disrupts the efficiency of this department or subverts the good order,

efficiency and discipline of this department or that would tend to discredit any of its

members.

(f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or

betting under any of the following conditions:

1. While on department premises.

2. At any work site, while on-duty or while in uniform, or while using any department

equipment or system.

3. Gambling activity undertaken as part of an officer’s official duties and with the

express knowledge and permission of a direct supervisor is exempt from this

prohibition.

(g) Improper political activity including:

1. Unauthorized attendance while on-duty at official legislative or political sessions.

2. Solicitations, speeches or distribution of campaign literature for or against any

political candidate or position while on-duty or, on department property or while

in any way representing him/herself as a member of this department, except

as expressly authorized by City policy, the collective bargaining agreement, or

the Chief of Police.

(h) Engaging in political activities during assigned working hours except as expressly

authorized by City policy, the collective bargaining agreement, or the Chief of Police.

(i) Any act on- or off-duty that brings discredit to this department.

320.4.9 CONDUCT

(a) Failure of any member to promptly and fully report activities on his/her part or the

part of any other member where such activities resulted in contact with any other law

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enforcement agency or that may result in criminal prosecution or discipline under this

policy.

(b) Unreasonable and unwarranted force to a person encountered or a person under

arrest.

conduct.

(d) Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily

harm on another.

(e) Engaging in horseplay that reasonably could result in injury or property damage.

(f) Discourteous, disrespectful or discriminatory treatment of any member of the public

or any member of this department or the City.

(g) Use of obscene, indecent, profane or derogatory language while on-duty or in uniform.

(h) Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely

affects the member’s relationship with this department.

(i) Unauthorized possession of, loss of, or damage to department property or the property

of others, or endangering it through carelessness or maliciousness.

(j) Attempted or actual theft of department property; misappropriation or misuse of public

funds, property, personnel or the services or property of others; unauthorized removal

or possession of department property or the property of another person.

(k) Activity that is incompatible with a member’s conditions of employment or appointment

as established by law or that violates a provision of any collective bargaining

agreement to include fraud in securing the appointment or hire.

(l) Initiating any civil action for recovery of any damages or injuries incurred in the course

and scope of employment or appointment without first notifying the Chief of Police of

such action.

(m) Any other on- or off-duty conduct which any member knows or reasonably should

know is unbecoming a member of this department, is contrary to good order, efficiency

or morale, or tends to reflect unfavorably upon this department or its members.

320.4.10 SAFETY

(a) Failure to observe or violating department safety standards or safe working practices.

(b) Failure to maintain current licenses or certifications required for the assignment or

position (e.g., driver’s license, first aid).

law enforcement duties.

(d) Unsafe firearm or other dangerous weapon handling to include loading or unloading

firearms in an unsafe manner, either on- or off-duty.

(e) Carrying, while on the premises of the work place, any firearm or other lethal weapon

that is not authorized by the member’s appointing authority.

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(f) Unsafe or improper driving habits or actions in the course of employment or

appointment.

(g) Any personal action contributing to a preventable traffic collision.

(h) Concealing or knowingly failing to report any on-the-job or work-related accident or

injury as soon as practicable but within 24 hours.

320.4.11 INTOXICANTS

(a) Reporting for work or being at work while intoxicated or when the member’s ability to

perform assigned duties is impaired due to the use of alcohol, medication or drugs,

whether legal, prescribed or illegal.

(b) Possession or use of alcohol at any work site or while on-duty, except as authorized

in the performance of an official assignment. A member who is authorized to consume

alcohol is not permitted to do so to such a degree that it may impair on-duty

performance.

drug or non-prescribed medication to any work site.

Policy

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Information Technology Use

321.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the proper use of department information

technology resources, including computers, electronic devices, hardware, software and systems.

321.1.1 DEFINITIONS

Definitions related to this policy include:

Computer system - All computers (on-site and portable), electronic devices, hardware, software,

and resources owned, leased, rented, or licensed by the [agencyName] that are provided for

official use by its members. This includes all access to, and use of, Internet Service Providers

(ISP), including mobile cellular voice and/or data devices,or other service providers provided by

or through the Department or department funding.

Hardware - Includes, but is not limited to, computers, computer terminals, network equipment,

electronic devices, telephones, including cellular and satellite, pagers, modems or any other

tangible computer device generally understood to comprise hardware.

Software - Includes, but is not limited to, all computer programs, systems and applications,

including shareware. This does not include files created by the individual user.

Temporary file, permanent file or file - Any electronic document, information or data residing

or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar

entries, appointments, tasks, notes, letters, reports, messages, photographs or videos.

321.2 POLICY

It is the policy of the West Jordan Police Department that members shall use information

technology resources, including computers, software and systems, that are issued or maintained

by the Department in a professional manner and in accordance with this policy.

321.3 PRIVACY EXPECTATION

Members forfeit any expectation of privacy with regard to emails, texts or anything published,

shared, transmitted or maintained through file-sharing software or any Internet site that is

accessed, transmitted, received or reviewed on any department computer system.

The Department reserves the right to access, audit and disclose, for whatever reason, any

message, including attachments, and any information accessed, transmitted, received or reviewed

over any technology that is issued or maintained by the Department, including the department

email system, computer network and/or any information placed into storage on any department

system or device. This includes records of all keystrokes or Web-browsing history made at any

department computer or over any department network. The fact that access to a database, service

or website requires a username or password will not create an expectation of privacy if it is

accessed through department computers, electronic devices or networks.

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The Department may not require a member to disclose a username and/or password that allows

access to the member’s personal Internet accounts, except as may be provided in Utah Code

34-48-201.

321.4 RESTRICTED USE

Members shall not access computers, devices, software or systems for which they have

not received prior authorization or the required training. Members shall immediately report

unauthorized access or use of computers, devices, software or systems by another member to

their supervisors or Watch Commanders.

Members shall not use another person’s access passwords, logon information and other individual

security data, protocols and procedures unless directed to do so by a supervisor.

321.4.1 SOFTWARE

Members shall not copy or duplicate any copyrighted or licensed software except for a single copy

for backup purposes in accordance with the software company’s copyright and license agreement.

To reduce the risk of a computer virus or malicious software, members shall not install any

unlicensed or unauthorized software on any department computer. Members shall not install

personal copies of any software onto any department computer.

When related to criminal investigations, software program files may be downloaded only with the

approval of the information systems technology (IT) staff and with the authorization of the Chief

of Police or the authorized designee.

No member shall knowingly make, acquire or use unauthorized copies of computer software that

is not licensed to the Department while on department premises, computer systems or electronic

devices. Such unauthorized use of software exposes the Department and involved members to

severe civil and criminal penalties.

Introduction of software by members should only occur as part of the automated maintenance

or update process of department- or City-approved or installed programs by the original

manufacturer, producer or developer of the software.

Any other introduction of software requires prior authorization from IT staff and a full scan for

malicious attachments.

321.4.2 HARDWARE

Access to technology resources provided by or through the Department shall be used in

accordance with city policy. Data stored on or available through department computer systems

shall only be accessed by authorized members who are engaged in an active investigation

or assisting in an active investigation, or who otherwise have a legitimate law enforcement or

department-related purpose to access such data. Any exceptions to this policy must be approved

by a supervisor.

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321.4.3 INTERNET USE

Internet access provided by or through the Department shall be limited to department-related

activities, except for limited reasonable incidental personal use as described in this policy and

City policy. Internet sites containing information that is not appropriate or applicable to department

use and which shall not be intentionally accessed include, but are not limited to, adult forums,

pornography, gambling, chat rooms, and similar or related Internet sites. Certain exceptions may

be permitted with the express approval of a supervisor as a function of a member’s assignment.

Downloaded information shall be limited to messages, mail and data files.

321.4.4 OFF-DUTY USE

Incidental personal use of city owned electronic devices is limited by the following guidelines:

1. The use does not violate federal, state or local laws, administrative rules, or any Department

or City policy.

2. The use is not for private financial gain, including, but not limited to, conducting private business,

engaging in outside employment or other income-generating activities, unless the value provided

to the City by the member’s use for a public purpose substantially outweighs the member’s

personal benefit from the incidental personal use.

3. The use shall not involve solitication or political activity.

4. The use does not create any additional cost to the City, limit voice or data streaming capacities,

consume limited data or voice allocations, unreasonably distract or disrupt the conduct of City

business, or unreasonably compromise the use and integrity of the City property.

5. The use does not create an unreasonable risk of liability or other harm for the City, including

negative public perception.

6. The use does not damage or create additional wear to City property.

7. Possession and use of the device is authorized for duty purposes.

8. The use does not provide the member’s primary or regular access to Internet services.

Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of

personally owned technology.These limitations are in addition to the City Personal Use Policy and

are imposed pursuant to City Administrative Directive 21, dated June 28, 2019.

321.5 PROTECTION OF AGENCY SYSTEMS AND FILES

All members have a duty to protect the computer system and related systems and devices from

physical and environmental damage and are responsible for the correct use, operation, care and

maintenance of the computer system.

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Members shall ensure department computers and access terminals are not viewable by persons

who are not authorized users. Computers and terminals should be secured, users logged

off and password protections enabled whenever the user is not present. Access passwords,

logon information and other individual security data, protocols and procedures are confidential

information and are not to be shared. Password length, format, structure and content shall meet

the prescribed standards required by the computer system or as directed by a supervisor and

shall be changed at intervals as directed by IT staff or a supervisor.

It is prohibited for a member to allow an unauthorized user to access the computer system at any

time or for any reason. Members shall promptly report any unauthorized access to the computer

system or suspected intrusion from outside sources (including the Internet) to a supervisor.

321.6 INSPECTION OR REVIEW

A supervisor or the authorized designee has the express authority to inspect or review the

computer system, all temporary or permanent files, related electronic systems or devices, and any

contents thereof, whether such inspection or review is in the ordinary course of his/her supervisory

duties or based on cause.

Reasons for inspection or review may include, but are not limited to, computer system

malfunctions, problems or general computer system failure, a lawsuit against the Department

involving one of its members or a member’s duties, an alleged or suspected violation of any

department policy, a request for disclosure of data, or a need to perform or provide a service.

The IT staff may extract download, or otherwise obtain any and all temporary or permanent files

residing or located in or on the department computer system when requested by a supervisor or

during the course of regular duties that require such information.

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Report Preparation

322.1 PURPOSE AND SCOPE

Report preparation is a major part of each officer's job. The purpose of reports is to document

sufficient information to refresh the officer’s memory and to provide sufficient information for follow-

up investigation and successful prosecution. Report writing is the subject of substantial formalized

training and on-the-job training.

322.1.1 REPORT PREPARATION

Employees should ensure that reports are sufficiently detailed for their purpose and free from

errors prior to submission. It is the responsibility of the assigned employee to complete and submit

all reports taken during the shift before going off-duty unless permission to hold the report has

been approved by a supervisor. Generally, reports requiring prompt follow-up action on active

leads, or arrest reports where the suspect remains in custody should not be held.

Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee

will be required by the reviewing supervisor to promptly make corrections and resubmit the report.

Employees who dictate reports shall use appropriate grammar, as content is not the responsibility

of the typist. Employees who generate reports on computers are subject to all requirements of

this policy.

All reports shall accurately reflect the identity of the persons involved, all pertinent information

seen, heard or assimilated by any other sense, and any actions taken. Employees shall not

suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false

report orally or in writing. Generally, the reporting employee’s opinions should not be included in

reports unless specifically identified as such.

322.2 REQUIRED REPORTING

Written reports are required in all of the following situations on the appropriate Department-

approved form unless otherwise approved by a supervisor.

322.2.1 CRIMINAL ACTIVITY

When a member responds to a call for service, or as a result of self-initiated activity becomes

aware of any activity where a crime has occurred, the member shall document the incident

regardless of whether a victim desires prosecution.

Activity to be documented in a written report includes:

(a) All arrests

(b) All felony crimes

(d) Situations covered by separate policy. These include:

1. Use of Force Policy

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2. Domestic Violence Policy

3. Child Abuse Policy

4. Adult Abuse Policy

5. Hate Crimes Policy

6. Suspicious Activity Reporting Policy

(e) All misdemeanor crimes where the victim desires a report

Misdemeanor crimes where the victim does not desire a report shall be documented using the

department-approved alternative reporting method (e.g., dispatch log).

322.2.2 NON-CRIMINAL ACTIVITY

The following incidents shall be documented using the appropriate approved report:

(a)

Any time an officer points a firearm at any person

(b)

Any use of force against any person by a member of this department (see the Use

of Force Policy)

(c)

Any firearm discharge (see the Firearms Policy)

(d)

Any time a person is reported missing, regardless of jurisdiction (see the Missing

Persons Policy)

(e)

Any found property or found evidence

(f)

Any traffic collision above the minimum reporting level (see the Traffic Collision

Reporting Policy)

(g)

Suspicious incidents that may indicate a potential for crimes against children or that

a child’s safety is in jeopardy

(h)

All protective custody detentions

(i)

Suspicious incidents that may place the public or others at risk

(j)

Whenever the employee believes the circumstances should be documented or at the

direction of a supervisor

322.2.3 DEATH CASES

Death investigations require specific investigation methods depending on circumstances and

should be handled in accordance with the Death Investigation Policy. An officer handling a death

investigation should notify and apprise a supervisor of the circumstances surrounding the incident

and a determination will be made on how to proceed. The following cases shall be appropriately

investigated and documented using the approved report:

(a)

Sudden or accidental deaths

(b)

Suicides

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(c)

Homicide or suspected homicide

(d)

Unattended deaths (no physician or qualified hospice care in the 30 days preceding

death)

(e)

Found dead bodies or body parts

322.2.4 INJURY OR DAMAGE BY CITY PERSONNEL

Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally,

reports shall be taken involving damage to City property or City equipment.

If the injury or damage is significant, or may expose the City to potential liability, a supervisor

should be notified. Supervisors notified of such events should consider requesting an investigation

by an allied agency, notification of the Chief of Police via chain of command and involvement of

City Risk Management assistance.

322.2.5 MISCELLANEOUS INJURIES

Any injury that is reported to this department shall require a report when:

(a) The injury is a result of drug overdose.

(b) Attempted suicide.

(d) The circumstances surrounding the incident are suspicious in nature and it is desirable

to record the event.

The above reporting requirements are not intended to be all inclusive. A supervisor may direct an

employee to document any incident he/she deems necessary.

322.2.6 ALTERNATE REPORTING FOR VICTIMS

Reports that may be submitted by the public via online or other self-completed reporting processes

include:

(a) Lost property.

(b) Misdemeanor thefts of property, other than firearms or materials that threaten public

safety, when there is no suspect information, serial number or ability to trace the item.

1. Misdemeanor thefts of cellular telephones may be reported even though they

have a serial number.

(d) Vehicle burglaries with no suspect information or evidence.

(e) Stolen vehicle attempts with no suspect information or evidence.

(f) Annoying telephone calls with no suspect information.

(g) Identity theft without an identifiable suspect.

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(h) Online or email fraud solicitations without an identifiable suspect and if the financial

loss classifies the crime as a misdemeanor.

(i) Hit-and-run vehicle collisions with no suspect or suspect vehicle.

(j) Supplemental property lists.

Members at the scene of one of the above incidents should not refer the reporting party to an

alternate means of reporting without authorization from a supervisor. Members may refer victims

to online victim assistance programs (e.g., Federal Trade Commission (FTC) website for identity

theft, Internet Crime Complaint Center (IC3) website for computer crimes).

322.3 EXPEDITIOUS REPORTING

In general, all officers and supervisors shall act with promptness and efficiency in the preparation

and processing of all reports. An incomplete report, unorganized reports or report completions

delayed without supervisory approval are not acceptable. Reports shall be processed according to

established priorities or according to special priority necessary under exceptional circumstances.

322.3.1 GENERAL USE OF OTHER HANDWRITTEN FORMS

County, state and federal agency forms may be block printed as appropriate. In general, the form,

by design, may require typing.

322.4 REPORT CORRECTIONS

.REPORT PREPARATIONReport correctionsSupervisors shall review reports for content and

accuracy. If a correction is necessary, the reviewing supervisor should notify the reporting officer,

stating the reasons for rejection. The original report should be returned to the reporting employee

for correction as soon as practical. It shall be the responsibility of the originating [officer_deputy]

to ensure that any report returned for correction is processed in a timely manner.

322.5 REPORT CHANGES OR ALTERATIONS

Reports that have been approved by a supervisor and submitted to the Records Bureau for filing

and distribution shall not be modified or altered except by way of a supplemental report. Reviewed

reports that have not yet been submitted to the Records Bureau may be corrected or modified by

the authoring officer only with the knowledge and authorization of the reviewing supervisor.

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Media Relations

323.1 PURPOSE AND SCOPE

This policy provides guidelines for the release of official department information to the media.

It also addresses coordinating media access to scenes of disasters, criminal investigations,

emergencies and other law enforcement activities.

323.2 POLICY

It is the policy of the West Jordan Police Department to protect the privacy rights of individuals,

while releasing non-confidential information to the media regarding topics of public concern.

Information that has the potential to negatively affect investigations will not be released.

323.3 RESPONSIBILITIES

The ultimate authority and responsibility for the release of information to the media shall remain

with the Chief of Police. In situations not warranting immediate notice to the Chief of Police and in

situations where the Chief of Police has given prior approval, Division Chiefs, Watch Commanders

and designated Public Information Officers may prepare and release information to the media in

accordance with this policy and the applicable law regarding confidentiality.

323.4 PROVIDING ADVANCE INFORMATION

To protect the safety and rights of department members and other persons, advance information

about planned actions by law enforcement personnel, such as movement of persons in custody

or the execution of an arrest or search warrant, should not be disclosed to the media, nor should

media representatives be invited to be present at such actions except with the prior approval of

the Chief of Police.

Any exceptions to the above should only be considered for the furtherance of legitimate law

enforcement purposes. Prior to approving any exception, the Chief of Police will consider, at a

minimum, whether the release of information or the presence of the media would unreasonably

endanger any individual or prejudice the rights of any person or is otherwise prohibited by law.

323.5 MEDIA REQUESTS

Any media request for information or access to a law enforcement incident shall be referred to

the PIO, or if unavailable, to the first available supervisor. Prior to releasing any information to the

media, members shall consider the following:

(a) At no time shall any member of this department make any comment or release any

official information to the media without prior approval from a supervisor or the PIO.

(b) In situations involving multiple agencies or government departments, every

reasonable effort should be made to coordinate media releases with the authorized

representative of each involved agency prior to the release of any information by this

department.

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to the media regarding any law enforcement incident not involving this department

without prior approval of the Chief of Police. Under these circumstances the member

should direct the media to the agency handling the incident.

323.6 ACCESS

Authorized media representatives shall be provided access to scenes of disasters, criminal

investigations, emergencies and other law enforcement activities as required by law.

Access by the media is subject to the following conditions:

(a)

The media representative shall produce valid media credentials that shall be

prominently displayed at all times while in areas otherwise closed to the public.

(b)

Media representatives should be prevented from interfering and may be removed for

interfering with emergency operations and criminal investigations.

Based upon available resources, reasonable effort should be made to provide a

safe staging area for the media that is near the incident and that will not interfere

with emergency or criminal investigation operations. All information released to

the media should be coordinated through the Public Information Officer or other

designated spokesperson.

(c)

Media interviews with individuals who are in custody should not be permitted without

the approval of the Chief of Police and the express consent of the person in custody.

(d) No member of this department who is under investigation shall be subjected to media

visits or interviews without the consent of the involved member.

323.6.1 CRITICAL OPERATIONS

A critical incident or tactical operation should be handled in the same manner as a crime scene,

except the media should not be permitted within the inner perimeter of the incident, subject to any

restrictions as determined by the supervisor in charge. Department members shall not jeopardize

a critical incident or tactical operation in order to accommodate the media. All comments to the

media shall be coordinated through a supervisor or the PIO.

323.6.2 TEMPORARY FLIGHT RESTRICTIONS

Whenever the presence of media or other aircraft pose a threat to public or member safety

or significantly hamper incident operations, the field supervisor should consider requesting a

Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Watch

Commander. The TFR request should include specific information regarding the perimeter and

altitude necessary for the incident and should be requested through the appropriate control tower.

If the control tower is not known, the Federal Aviation Administration (FAA) should be contacted

(14 CFR 91.137).

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323.7 CONFIDENTIAL OR RESTRICTED INFORMATION

It shall be the responsibility of the PIO to ensure that confidential or restricted information is not

inappropriately released to the media (see the Records Maintenance and Release and Personnel

Records policies). When in doubt, authorized and available legal counsel should be consulted

prior to releasing any information.

323.7.1 MEMBER INFORMATION

The identities of officers involved in shootings or other critical incidents may only be released to

the media upon the consent of the involved officer or upon a formal request.

Any requests for copies of related reports or additional information not contained in the information

log (see the Information Log section in this policy), including the identity of officers involved in

shootings or other critical incidents, shall be referred to the PIO.

Requests should be reviewed and fulfilled by the Records Officer, or if unavailable, the Watch

Commander or the authorized designee. Such requests will be processed in accordance

with the provisions of the Records Maintenance and Release Policy and public records laws

(e.g., Government Records Access and Management Act).

323.8 RELEASE OF INFORMATION

The Department may routinely release information to the media without receiving a specific

request. This may include media releases regarding critical incidents, information of public

concern, updates regarding significant incidents or requests for public assistance in solving crimes

or identifying suspects. This information may also be released through the department website or

other electronic data sources.

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Subpoenas and Court Appearances

324.1 PURPOSE AND SCOPE

This policy establishes the guidelines for department members who must appear in court. It will

allow the West Jordan Police Department to cover any related work absences and keep the

Department informed about relevant legal matters.

324.2 POLICY

West Jordan Police Department members will respond appropriately to all subpoenas and any

other court-ordered appearances.

324.3 SUBPOENAS

Only department members authorized to receive a subpoena on behalf of this department or any

of its members may do so.

Criminal subpoenas may be served upon a member in accordance with U. R. Crim. P. Rule 14 by

personally delivering a copy of the subpoena to the member.

Civil subpoenas may be served upon a member personally, by leaving a copy at the member’s

residence with a person of suitable age and discretion who resides there, or by delivering a copy

to an agent authorized by appointment or by law to receive process. The subpoena may also be

served by mail, commercial courier service or electronic delivery (U. R. Civ. P. Rule 45; U. R.

Civ. P. Rule 4). Civil subpoenas shall not be accepted without properly posted fees (U. R. Civ.

P. Rule 45).

324.3.1 SPECIAL NOTIFICATION REQUIREMENTS

Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of

or at the request of any party other than the City Attorney or the prosecutor shall notify his/her

immediate supervisor without delay regarding:

(a) Any civil case where the City or one of its members, as a result of his/her official

capacity, is a party.

(b) Any civil case where any other city, county, state or federal unit of government or a

member of any such unit of government, as a result of his/her official capacity, is a

party.

on behalf of the defense.

(d) Any civil action stemming from the member’s on-duty activity or because of his/her

association with the West Jordan Police Department.

(e) Any personnel or disciplinary matter when called to testify or to provide information by

a government entity other than the West Jordan Police Department.

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The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as

may be indicated by the case. The Chief of Police should determine if additional legal support

is necessary.

No member shall be retaliated against for testifying in any matter.

324.3.2 CIVIL SUBPOENA

The Department will compensate members who appear in their official capacities on civil matters

arising out of their official duties, as directed by the current memorandum of understanding or

collective bargaining agreement.

The Department should seek reimbursement for the member’s compensation through the civil

attorney of record who subpoenaed the member.

324.3.3 OFF-DUTY RELATED SUBPOENAS

Members receiving valid subpoenas for off-duty actions not related to their employment or

appointment will not be compensated for their appearance. Arrangements for time off shall be

coordinated through their immediate supervisors.

324.4 FAILURE TO APPEAR

Any member who fails to comply with the terms of any properly served subpoena or court-ordered

appearance may be subject to discipline. This includes properly served orders to appear that were

issued by a state administrative agency.

324.5 STANDBY

To facilitate standby agreements, members are required to provide and maintain current

information on their addresses and contact telephone numbers with the Department.

If a member on standby changes his/her location during the day, the member shall notify the

designated department member of how he/she can be reached. Members are required to remain

on standby until released by the court or the party that issued the subpoena.

324.6 COURTHOUSE PROTOCOL

When appearing in court, members shall:

(a) Be punctual and prepared to proceed immediately with the case for which they are

scheduled to appear.

(b) Dress in the department uniform or business attire.

in the assigned courtroom where their matter is to be heard.

324.6.1 TESTIMONY

Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and

become familiar with the content in order to be prepared for court.

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324.7 OVERTIME

When a member appears in court on his/her off-duty time, he/she will be compensated in

accordance with the current memorandum of understanding or collective bargaining agreement.

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Outside Agency Assistance

325.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance to members when requesting or responding to

a request for mutual aid or when assisting another law enforcement agency.

325.2 POLICY

It is the policy of the West Jordan Police Department to promptly respond to requests for

assistance by other law enforcement agencies, subject to available resources and consistent with

the applicable laws and policies of this department.

325.3 ASSISTING OUTSIDE AGENCIES

Generally, requests for any type of assistance from another agency should be routed to the Watch

Commander’s office for approval. In some instances, a mutual aid agreement or other established

protocol may exist that eliminates the need for approval of individual requests.

When another law enforcement agency requests assistance from this department, the Watch

Commander may authorize, if available, an appropriate number of personnel to assist. Members

are reminded that their actions when rendering assistance must conform with applicable laws and

be consistent with the policies of this department.

Officers may respond to a request for emergency assistance, however, they shall notify a

supervisor of their activity as soon as practicable.

Arrestees may be temporarily detained by this department until arrangements for transportation

are made by the outside agency. Probation violators who are temporarily detained by this

department will not ordinarily be booked at this department. Only in exceptional circumstances,

and subject to supervisor approval, will this department provide transportation of arrestees to other

facilities on behalf of another agency.

When transportation assistance is rendered, a report shall be prepared and submitted by the

handling member unless otherwise directed by a supervisor.

325.3.1 INITIATED ACTIVITY

Prior to an officer taking any action beyond the limits of the officer’s normal jurisdiction, the officer

shall notify and receive approval of the local law enforcement authority, or if the prior contact is

not reasonably possible, notify the local law enforcement authority as soon as reasonably possible

(Utah Code 77-9-3).

Any on-duty officer who engages in law enforcement activities of any type that are not part of a

mutual aid request and take place outside the jurisdiction of the West Jordan Police Department

shall notify his/her supervisor or the Watch Commander and Dispatch as soon as practicable.

This requirement does not apply to special enforcement details or multi-agency units that regularly

work in multiple jurisdictions.

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325.4 REQUESTING OUTSIDE ASSISTANCE

If assistance is needed from another agency, the member requesting assistance should, if

practicable, first notify a supervisor. The handling member or supervisor should direct assisting

personnel to where they are needed and to whom they should report when they arrive.

The requesting member should arrange for appropriate radio communication capabilities, if

necessary and available, so that communication can be coordinated between assisting personnel.

325.5 REPORTING REQUIREMENTS

Incidents of outside assistance or law enforcement activities that are not documented in a crime

report shall be documented in a general case report or as directed by the Watch Commander.

325.6 MANDATORY SHARING

Equipment and supplies purchased with federal funds or grants that require such equipment and

supplies be shared with other agencies should be documented and updated as necessary by

the Administration Division Chief or the authorized designee.

The documentation should include:

(a) The conditions relative to sharing.

(b) The training requirements for:

1. The use of the supplies and equipment.

2. The members trained in the use of the supplies and equipment.

Copies of the documentation should be provided to Dispatch and the Watch Commander to ensure

use of the equipment and supplies is in compliance with the applicable sharing agreements.

The Training Sergeant should maintain documentation that the appropriate members have

received the required training.

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Registered Offender Information

326.1 PURPOSE AND SCOPE

This policy establishes guidelines by which the West Jordan Police Department will address issues

associated with certain offenders who are residing in the jurisdiction and how the Department will

disseminate information and respond to public inquiries for information about registered sex and

kidnap offenders.

326.2 POLICY

It is the policy of the West Jordan Police Department to identify and monitor registered offenders

living within this jurisdiction and to take reasonable steps to address the risks those persons may

pose.

326.3 REGISTRATION

The Detective Bureau Supervisor shall establish a process to reasonably accommodate

registration of certain offenders. The process should rebut any allegation on the part of the

offender that the registration process was too confusing, burdensome or difficult for compliance.

If it is reasonable to do so, an investigator assigned to related investigations should conduct the

registration in order to best evaluate any threat the person may pose to the community. Employees

assigned to register offenders should receive appropriate training regarding the registration

process (Utah Code 77-41-104; Utah Code 77-43-104).

Upon conclusion of the registration process, the investigator shall ensure that the registration

information is provided to the Utah Department of Corrections (DOC).

The refusal of a registrant to provide any of the required information or complete the process

should initiate a criminal investigation for failure to register (Utah Code 77-41-107; Utah Code

77-43-106).

326.3.1 CONTENTS OF REGISTRATION

Any person residing in the jurisdiction of the West Jordan Police Department who is required to

of Adult Probation and Parole must provide the following (Utah Code 53-10-404; Utah Code

77-41-105; Utah Code 77-43-105):

(a) All names and aliases

(b) The primary and secondary residence addresses

(d) The make, model, color, year, plate number, and vehicle identification number of any

vehicle or vehicles owned or regularly driven

(e) A current photograph

(f) A set of fingerprints, if one has not already been provided

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(g) A DNA specimen, taken in accordance with Utah Code 53-10-404, if one has not

already been provided

(h) Telephone numbers and any other designations used for routing or self-identification

in telephonic communications from fixed locations or cellular telephones

(i) Internet identifiers and any addresses used for routing or self-identification in internet

communications or postings

(j) The name and internet address of all websites on which the person is registered using

an online identifier, including all online identifiers used to access those websites

(k) A copy of any passport

(l) If the person is an alien, all documents establishing immigration status

(m) All professional licenses that authorize engaging in an occupation or carrying out a

trade or business, including any identifiers, such as numbers

(n) Each educational institution in Utah at which the person is employed, carries on a

vocation or is a student, and any change of enrollment or employment status at any

educational institution

(o) The name, telephone number, and address of any place of employment

(p) The name, telephone number, and address of any place where the person volunteers

(q) The person's Social Security number

326.4 MONITORING OF REGISTERED OFFENDERS

The Detective Bureau Supervisor should establish a system to periodically, and at least once

annually, verify that a registrant remains in compliance with his/her registration requirements after

the initial registration. This verification should include:

(a) Efforts to confirm residence using an unobtrusive method, such as an internet search

or drive-by of the declared residence.

(b) Review of information on DOC’s Sex and Kidnap Offender Notification and

Registration (SONAR) website and the Child Abuse Offender Notification and

Registration website.

Any discrepancies should be reported to DOC.

The Detective Bureau Supervisor should also establish a procedure to routinely disseminate

information regarding registered offenders to West Jordan Police Department personnel, including

timely updates regarding new or relocated registrants.

326.5 DISSEMINATION OF PUBLIC INFORMATION

Employees will not unilaterally make a public notification advising the community of a particular

registrant’s presence in the community. Employees who identify a significant risk or other public

safety issue associated with a registrant should promptly advise their supervisor. The supervisor

should evaluate the request and forward the information to the Chief of Police if warranted.

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A determination will be made by the Chief of Police, with the assistance of legal counsel as

necessary, whether such a public alert should be made.

Members of the public requesting information on registrants should be directed to the DOC’s

SONAR website or the Child Abuse Offender Notification and Registration website for specific

registrant information and photographs (Utah Code 77-41-110; Utah Code 77-43-108).

The Records Manager shall release local registered offender information to residents in

accordance with Utah Code 77-41-108 and Utah Code 77-43-107 and in compliance with a

Government Records Access and Management Act (GRAMA) request.

326.5.1 RELEASE NOTIFICATIONS

Registrant information that is released should include notification that:

(a) The offender registry includes only those persons who have been required by law to

(b) The information is provided as a public service and may not be current or accurate.

in their communities.

(d) The crime for which a person is convicted may not accurately reflect the level of risk.

(e) Anyone who uses information contained in the registry to harass registrants or commit

any crime may be subject to criminal prosecution.

326.6 LEGAL MANDATES AND RELEVANT LAWS

Employees responsible for registering and entering sex or kidnap offenders or child abuse

offenders into the database must be certified by the Utah DOC. To obtain and retain certification,

the employee must receive initial and annual training from DOC (Utah Code 77-41-104; Utah

Code 77-43-104).

The Training Sergeant will be responsible for ensuring the appropriate training and certifications

are maintained.

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Major Incident Notification

327.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance to members of this department in determining

when, how and to whom notification of major incidents should be made.

327.2 POLICY

The West Jordan Police Department recognizes that certain incidents should be brought to the

attention of supervisors or other specified personnel of this department to facilitate the coordination

of activities and ensure that inquiries from the media and the public may be properly addressed.

327.3 MINIMUM CRITERIA FOR NOTIFICATION

Most situations where the media show a strong interest are also of interest to the Chief of Police

and the affected Division Chief. The following list of incident types is provided as a guide for

notification and is not intended to be all-inclusive:

•

Homicides

•

Traffic accidents with fatalities

•

Officer-involved shooting on- or off-duty (See the Officer-Involved Shootings and

Deaths Policy for special notifications)

•

Significant injury or death to employee on- or off-duty

•

Death of a prominent West Jordan official

•

Arrest of Department employee or prominent West Jordan official

•

Aircraft crash with major damage and/or injury or death

•

In-custody deaths

327.4 WATCH COMMANDER RESPONSIBILITY

The Watch Commander is responsible for making the appropriate notifications. The Watch

Commander shall make reasonable attempts to obtain as much information on the incident as

possible before notification. The Watch Commander shall attempt to make the notifications as

soon as practical.

327.4.1 STAFF NOTIFICATION

In the event an incident occurs described in MINIMUM CRITERIA FOR NOTIFICATION, the Chief

of Police shall be notified along with the affected Division Chief and the Detective Lieutenant if

that division is affected.

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327.4.2 DETECTIVE NOTIFICATION

If the incident requires that a detective respond from home, the immediate supervisor of the

appropriate detail shall be contacted who will then contact the appropriate detective.

327.4.3 TRAFFIC BUREAU NOTIFICATION

In the event of a traffic fatality or major injury, the Traffic Sergeant shall be notified who will then

contact the appropriate accident investigator. The Traffic Sergeant will notify the Traffic Lieutenant.

327.4.4 PUBLIC INFORMATION OFFICER (PIO)

The Public Information Officer shall be called after members of Staff have been notified that it

appears the media may have a significant interest in the incident.

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Death Investigation

328.1 POLICY

It is the policy of the West Jordan Police Department to respond, document, and investigate

incidents where a person is deceased. Investigations involving the death of a person, including

those from natural causes, accidents, workplace incidents, suicide, and homicide, shall be

initiated, conducted and properly documented.

328.2 PURPOSE AND SCOPE

The investigations of cases involving death include those ranging from natural cause to homicide.

Some causes of death may not be readily apparent and some cases differ substantially from

what they appeared to be initially. The importance of a thorough death investigation cannot be

emphasized enough and shall be in accordance with the Utah Medical Examiner Act (Utah Code

26-4-1, et seq.).

When death occurs under circumstances listed in Utah Code 26-4-7, the death shall be reported

to the Prosecuting Attorney and to the Medical Examiner by the law enforcement agency having

jurisdiction over the investigation and shall be made by the most expeditious means available.

Failure to give notification or report to the Prosecuting Attorney and Medical Examiner is a class

B misdemeanor (Utah Code 26-4-8).

328.3 INVESTIGATION CONSIDERATIONS

Emergency Medical Services shall be called in all suspected death cases unless death is obvious

(e.g., decapitated, decomposed).

A supervisor shall be notified as soon as possible to assist and provide appropriate personnel and

resources. The on-scene supervisor should determine whether follow-up investigation is required

and notify the Investigation Division Commander as necessary. The Watch Commander will make

notification to command staff in accordance with the Major Incident Notification Policy.

328.3.1 MEDICAL EXAMINER REQUEST

The Medical Examiner’s Office is required to inquire into and determine the circumstances,

manner, and cause of certain deaths. The Medical Examiner shall be called in any of the following

cases (Utah Code 26-4-7; Utah Code 26-2-14; Utah Code 62a-4a-405):

(a) Unattended deaths wherein the deceased has not been attended by a physician in a

professional capacity in the 365 days prior to death (Utah Code 26-4-2).

(b) By violence, gunshot, suicide, or accident.

(d) Unattended deaths, except that an autopsy may only be performed in accordance with

the provisions of Utah Code 26-4-9(3).

(e) Is under suspicious or unusual circumstances.

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(f) Results from poisoning or overdose of drugs.

(g) Results from diseases that may constitute a threat to the public health.

(h) Results from disease, injury, toxic effect, or unusual exertion incurred within the scope

of the decedent's employment.

(i) Is due to sudden infant death syndrome.

(j) When a fetal death occurs without medical attendance at or immediately after the

delivery or when inquiry is required by the Utah Medical Examiner Act.

(k) When there is a reason to believe that a child has died as a result of child abuse or

neglect.

(l) Results while the decedent was in prison, jail, police custody, the state hospital, or in a

detention or medical facility operated for the treatment of the mentally ill, emotionally

disturbed, or delinquent persons.

(m) Is associated with diagnostic or therapeutic procedures.

(n) Is described in Utah Code 26-4-7 when request is made to assume custody by

a Prosecuting Attorney or law enforcement agency in connection with a potential

homicide investigation or prosecution.

(o) When a death results directly from the actions of a law enforcement officer.

The body shall not be moved without permission of the Medical Examiner or Prosecuting Attorney

having criminal jurisdiction, or by his/her authorized deputy, except in cases of affront to public

decency or circumstances where it is not practicable to leave the body where found, or in such

cases where the cause of death is clearly due to natural causes.

However, in all cases, the scene of the event shall not be disturbed until authorization is given by

the Medical Examiner to the senior ranking peace officer on the scene and having jurisdiction of

the case and conducting the investigation.

328.3.2 SEARCHING DEAD BODIES

The Medical Examiner is generally the only person permitted to search a body known to be dead

from any of the circumstances set forth in Utah Code 26-4-7. The only exception is that an officer

is permitted to make a reasonable search of the body of a person for the limited purpose of

locating an anatomical gift card. If such a donor card is located, the Medical Examiner shall be

promptly notified. The officer shall also, as soon as reasonably possible, notify the appropriate

organ procurement organization, tissue bank, or eye bank of the identity of the deceased, the

next-of-kin (if known) and the funeral establishment taking custody of the deceased (Utah Code

26-28-112).

Should exigent circumstances indicate to an officer that any search of a known dead body is

warranted prior to the arrival of the Medical Examiner the investigating officer shall first obtain

verbal consent from the Medical Examiner.

Whenever possible, a witness, preferably a relative to the deceased or a member of the household,

should be requested to remain at the scene with the officer pending the arrival of the Medical

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Examiner. The name and address of this person shall be included in the narrative of the death

report. Whenever personal effects are removed from the body of the deceased by the Medical

Examiner, a receipt shall be obtained. This receipt shall be attached to the death report.

328.3.3 DEATH NOTIFICATION

When practicable, and if not handled by the Medical Examiner’s Office, notification to the next-

of-kin of the deceased person shall be made, in person, by the officer assigned to the incident. If

the next-of-kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be

requested to make the personal notification. If the relatives live outside this county, the Medical

Examiner may be requested to make the notification. The Medical Examiner needs to know if

notification has been made. Assigned detectives may need to talk to the next-of-kin.

328.3.4 UNIDENTIFIED DEAD BODIES

If the identity of a dead body cannot be established, the Medical Examiner will assign a unique

identifying number to the body and maintain a file under the assigned number. If possible, this

number when applicable shall be included in any report.

328.3.5 DEATH INVESTIGATION REPORTING

All incidents involving a death shall be documented on the appropriate form.

328.3.6 SUSPECTED HOMICIDE

If the initially assigned officer suspects that the death involves a homicide or other suspicious

circumstances, the officer shall take steps to protect the scene. The Detective Bureau shall be

notified to determine the possible need for an investigator to respond to the scene.

If the on-scene supervisor, through consultation with the Watch Commander or Detective Bureau

supervisor, is unable to determine the manner of death, the investigation shall proceed as though

it is a homicide.

The investigator assigned to investigate a homicide or death that occurred under suspicious

circumstances may, with the approval of his/her supervisor, request the Medical Examiner to

conduct physical examinations and tests, and to provide a report.

328.3.7 EMPLOYMENT-RELATED DEATHS OR INJURIES

Any member of this agency who responds to and determines that a death, serious illness, or

serious injury has occurred as a result of an accident at, or in connection with, the victim's

employment, should ensure that the nearest office of the Utah Division of Occupational Safety

and Health is notified with all pertinent information.

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Identity Fraud

329.1 PURPOSE AND SCOPE

Identity fraud is a growing trend that frequently involves related crimes in multiple jurisdictions.

This policy is intended to provide guidelines for the reporting and investigation of such crimes

under the Identity Fraud Act (Utah Code 76-6-1101).

329.1.1 IDENTITY THEFT REPORTING INFORMATION SYSTEM (IRIS)

Officers should ensure that an IRIS report is made by a victim, even if the fraud is initially reported

to the West Jordan Police Department. Upon receiving identity fraud reports via IRIS, investigating

officers should contact each victim to verify the situation, enter a case number, the investigating

officer’s contact information and the case status. This information is automatically returned to a

victim’s IRIS account, and can be used by the victim to begin resolving issues related to a fraud.

Investigating officers should utilize IRIS in all identity fraud investigations. Investigating officers

should also encourage victims to make an IRIS report anytime personal information is stolen

(e.g., theft of a driver's license, social security card) and encourage them to establish fraud alerts

whenever personal information has been compromised.

329.2 REPORTING

(a)

In an effort to maintain uniformity in reporting, officers presented with the crime of

identity fraud (Utah Code 76-6-1102) shall initiate a report for victims residing within

the jurisdiction of the Department. For incidents of identity fraud occurring outside this

jurisdiction, officers should observe the following:

For any victim not residing within this jurisdiction, the officer may either take a

courtesy report to be forwarded to the victim’s residence agency or the victim

should be encouraged to promptly report the identity theft to the law enforcement

agency where he/she resides.

(b)

While the crime of identity theft should be reported to the law enforcement agency

where the victim resides, officers of the Department should investigate and report

crimes occurring within this jurisdiction which have resulted from the original identity

theft (e.g., the identity theft occurred elsewhere, but the credit card fraud occurred and

was reported in this jurisdiction).

(c)

Officers should include all known incidents of fraudulent activity (e.g., credit card

number applied for in victim’s name when the victim has never made such an

application).

(d)

Officers should also cross-reference all known reports made by the victim (e.g., U.S.

Secret Service, credit reporting bureaus, U.S. Postal Service and Department of Motor

Vehicles) with all known report numbers.

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(e)

Following supervisory review and Department processing, the initial report should be

forwarded to the appropriate detective for follow up investigation, coordination with

other agencies and prosecution as circumstances dictate.

329.3 VICTIM REFERRAL TO IRIS

If the victim is unable to respond to the Department, the victim should be informed of the internet

website created by the Attorney General which allows a victim of an identity-related crime to report

the crime on the website and have the victim's report routed to the appropriate law enforcement

agency for the jurisdiction in which the crime occurred (Utah Code 67-5-22).

Web access to additional information is available at IRIS.

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Private Persons Arrests

330.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance for the handling of private persons' arrests made

pursuant to Utah Code 77-7-3.

330.2 ARRESTS BY PRIVATE PERSONS

Utah Code 77-7-3 provides that a private person may arrest another:

(a)

For a public offense committed or attempted in his/her presence.

(b)

When a felony has been in fact committed, and he/she has reasonable cause for

believing the person arrested has committed it.

Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been

committed. The felony must in fact have taken place.

330.2.1 MANNER OF MAKING PRIVATE ARREST

The person making the arrest shall inform the person being arrested of his intention, cause and

authority to arrest him. Such notice shall not be required when (Utah Code 77-7-6):

(a)

There is reason to believe the notice will endanger the life or safety of the person or

another or will likely enable the party being arrested to escape.

(b)

The person being arrested is actually engaged in the commission of, or an attempt

to commit, an offense.

(c)

The person being arrested is pursued immediately after the commission of an offense

or an escape.

330.2.2 FORCE TO MAKE A PRIVATE PERSONS ARREST

Any person is justified in using any force, except deadly force, that he/she reasonably believes

to be necessary to effect an arrest or to defend himself/herself or another from bodily harm while

making an arrest (Utah Code 76-2-403).

330.3 OFFICER RESPONSIBILITIES

Any officer presented with a private person wishing to make an arrest must determine whether

there is reasonable cause to believe that such an arrest would be lawful.

(a)

Should any officer determine that there is no reasonable cause to believe that a private

person’s arrest is lawful, the officer should take no action to further detain or restrain

the individual beyond that which reasonably appears necessary to investigate the

matter, determine the lawfulness of the arrest and protect the public safety.

Any officer who determines that a private person's arrest appears to be unlawful

should promptly release the arrested individual. The officer must include the

basis of such a determination in a related report.

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Absent reasonable cause to support a private person’s arrest or other lawful

grounds to support an independent arrest by the officer, the officer should

advise the parties that no arrest will be made and that the circumstances will be

documented in a related report.

(b)

Whenever an officer determines that there is reasonable cause to believe that a private

person’s arrest is lawful, the officer may exercise any of the following options:

Take the individual into physical custody for booking.

Release the individual pursuant to a Citation (Notice to Appear Form). The

private person’s name who made the arrest must appear on the citation (Utah

Code 77-7-20(2)(f)).

Release the individual and file a formal complaint with the Prosecuting Attorney’s

Office through the Detective Bureau (complaint route).

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Limited English Proficiency Services

331.1 PURPOSE AND SCOPE

This policy provides guidance to members when communicating with individuals with limited

English proficiency (LEP) (42 USC § 2000d).

331.1.1 DEFINITIONS

Definitions related to this policy include:

Authorized interpreter - A person who has been screened and authorized by the Department to

act as an interpreter and/or translator for others.

Interpret or interpretation - The act of listening to a communication in one language (source

language) and orally converting it to another language (target language), while retaining the same

meaning.

Limited English proficient (LEP) - Any individual whose primary language is not English and

who has a limited ability to read, write, speak or understand English. These individuals may be

competent in certain types of communication (e.g., speaking or understanding) but still be LEP

for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an

individual may possess sufficient English language skills to function in one setting but these skills

may be insufficient in other situations.

Qualified bilingual member - A member of the West Jordan Police Department, designated by

the Department, who has the ability to communicate fluently, directly and accurately in both English

and another language. Bilingual members may be fluent enough to communicate in a non-English

language but may not be sufficiently fluent to interpret or translate from one language into another.

Translate or translation - The replacement of written text from one language (source language)

into an equivalent written text (target language).

331.2 POLICY

It is the policy of the West Jordan Police Department to reasonably ensure that LEP individuals

have meaningful access to law enforcement services, programs and activities, while not imposing

undue burdens on its members.

The Department will not discriminate against or deny any individual access to services, rights or

programs based upon national origin or any other protected interest or right.

331.3 LEP COORDINATOR

The Chief of Police shall delegate certain responsibilities to an LEP Coordinator. The LEP

Coordinator shall be appointed by, and directly responsible to, the Patrol Division Chief or the

authorized designee.

The responsibilities of the LEP Coordinator include, but are not limited to:

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(a) Coordinating and implementing all aspects of the West Jordan Police Department’s

LEP services to LEP individuals.

(b) Developing procedures that will enable members to access LEP services, including

telephonic interpreters, and ensuring the procedures are available to all members.

maintained and available to each Watch Commander and Dispatch Supervisor. The

list should include information regarding the following:

1. Languages spoken

2. Contact information

3. Availability

(d) Ensuring signage stating that interpreters are available free of charge to LEP

individuals is posted in appropriate areas and in the most commonly spoken

languages.

(e) Reviewing existing and newly developed documents to determine which are vital

documents and should be translated, and into which languages the documents should

be translated.

(f) Annually assessing demographic data and other resources, including contracted

language services utilization data and community-based organizations, to determine

if there are additional documents or languages that are appropriate for translation.

(g) Identifying standards and assessments to be used by the Department to qualify

individuals as qualified bilingual members or authorized interpreters.

(h) Periodically reviewing efforts of the Department in providing meaningful access

to LEP individuals, and, as appropriate, developing reports, new procedures or

recommending modifications to this policy.

(i) Receiving and responding to complaints regarding department LEP services.

(j) Ensuring appropriate processes are in place to provide for the prompt and equitable

resolution of complaints and inquiries regarding discrimination in access to department

services, programs and activities.

331.4 FOUR-FACTOR ANALYSIS

Since there are many different languages that members could encounter, the Department will

utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to

Federal Financial Assistance Recipients, available at the DOJ website, to determine which

measures will provide meaningful access to its services and programs. It is recognized that law

enforcement contacts and circumstances will vary considerably. This analysis, therefore, must

remain flexible and will require an ongoing balance of four factors, which are:

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(a) The number or proportion of LEP individuals eligible to be served or likely to be

encountered by department members, or who may benefit from programs or services

within the jurisdiction of the Department or a particular geographic area.

(b) The frequency with which LEP individuals are likely to come in contact with department

members, programs or services.

(d) The cost of providing LEP assistance and the resources available.

331.5 TYPES OF LEP ASSISTANCE AVAILABLE

West Jordan Police Department members should never refuse service to an LEP individual who

is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a

condition for receiving assistance. The Department will make every reasonable effort to provide

meaningful and timely assistance to LEP individuals through a variety of services.

The Department will utilize all reasonably available tools, such as language identification cards,

when attempting to determine an LEP individual's primary language.

LEP individuals may choose to accept department-provided LEP services at no cost or they may

choose to provide their own.

Department-provided LEP services may include, but are not limited to, the assistance methods

described in this policy.

331.6 WRITTEN FORMS AND GUIDELINES

Vital documents or those that are frequently used should be translated into languages most likely to

be encountered. The LEP Coordinator will arrange to make these translated documents available

to members and other appropriate individuals, as necessary.

331.7 AUDIO RECORDINGS

The Department may develop audio recordings of important or frequently requested information

in a language most likely to be understood by those LEP individuals who are representative of

the community being served.

331.8 QUALIFIED BILINGUAL MEMBERS

Bilingual members may be qualified to provide LEP services when they have demonstrated

through established department procedures a sufficient level of skill and competence to fluently

communicate in both English and a non-English language. Members utilized for LEP services

must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues

involved when acting as a language conduit. Additionally, bilingual members must be able to

communicate technical and law enforcement terminology, and be sufficiently proficient in the

non-English language to perform complicated tasks, such as conducting interrogations, taking

statements, collecting evidence or conveying rights or responsibilities.

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When a qualified bilingual member from this department is not available, personnel from other

City departments, who have been identified by the Department as having the requisite skills and

competence, may be requested.

331.9 AUTHORIZED INTERPRETERS

Any person designated by the Department to act as an authorized interpreter and/or translator

must have demonstrated competence in both English and the involved non-English language,

must have an understanding of the functions of an interpreter that allows for correct and effective

translation, and should not be a person with an interest in the department case or investigation

involving the LEP individual. A person providing interpretation or translation services may be

required to establish the accuracy and trustworthiness of the interpretation or translation in a court

proceeding.

Authorized interpreters must pass a screening process established by the LEP Coordinator which

demonstrates that their skills and abilities include:

(a) The competence and ability to communicate information accurately in both English

and in the target language.

(b) Knowledge, in both languages, of any specialized terms or concepts peculiar to this

department and of any particularized vocabulary or phraseology used by the LEP

individual.

roles, such as counselor or legal adviser.

(d) Knowledge of the ethical issues involved when acting as a language conduit.

331.9.1 SOURCES OF AUTHORIZED INTERPRETERS

The Department may contract with authorized interpreters who are available over the telephone.

Members may use these services with the approval of a supervisor and in compliance with

established procedures.

Other sources may include:

• Qualified bilingual members of this department or personnel from other City

departments.

• Individuals employed exclusively to perform interpretation services.

• Contracted in-person interpreters, such as state or federal court interpreters, among

others.

• Interpreters from other agencies who have been qualified as interpreters by this

department, and with whom the Department has a resource-sharing or other

arrangement that they will interpret according to department guidelines.

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331.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE

ASSISTANCE

Language assistance may be available from community volunteers who have demonstrated

competence in either monolingual (direct) communication and/or in interpretation or translation (as

noted in above), and have been approved by the Department to communicate with LEP individuals.

Where qualified bilingual members or other authorized interpreters are unavailable to assist,

approved community volunteers who have demonstrated competence may be called upon when

appropriate. However, department members must carefully consider the nature of the contact and

the relationship between the LEP individual and the volunteer to ensure that the volunteer can

provide neutral and unbiased assistance.

While family or friends of an LEP individual may offer to assist with communication or

interpretation, members should carefully consider the circumstances before relying on such

individuals. For example, children should not be relied upon except in exigent or very informal and

non-confrontational situations.

331.10 CONTACT AND REPORTING

While all law enforcement contacts, services and individual rights are important, this department

will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may

be targeted where they are most needed, according to the nature and importance of the particular

law enforcement activity involved.

Whenever any member of this department is required to complete a report or other documentation

and interpretation services are provided to any involved LEP individual, such services should be

noted in the related report. Members should document the type of interpretation services utilized

and whether the individual elected to use services provided by the Department or some other

identified source.

331.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE

The West Jordan Police Department will take reasonable steps and will work with the Department

of Human Resources to develop in-house language capacity by hiring or appointing qualified

members proficient in languages representative of the community being served.

331.11.1 EMERGENCY CALLS TO 9-1-1

Department members will make every reasonable effort to promptly accommodate LEP individuals

utilizing 9-1-1 lines. When a 9-1-1 call-taker receives a call and determines that the caller is an LEP

individual, the call-taker shall quickly determine whether sufficient information can be obtained to

initiate an appropriate emergency response. If language assistance is still needed, the language

is known and a qualified bilingual member is available in Dispatch, the call shall immediately be

handled by the qualified bilingual member.

If a qualified bilingual member is not available or the call-taker is unable to identify the caller’s

language, the call-taker will contact the contracted telephone interpretation service and establish

a three-way call between the call-taker, the LEP individual and the interpreter.

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Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the

assignment, if available and appropriate.

While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to

accommodate LEP individuals seeking routine access to services and information by utilizing the

resources listed in this policy.

331.12 FIELD ENFORCEMENT

Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving

warrants and restraining orders, crowd/traffic control and other routine field contacts that may

involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary.

Members and/or supervisors must assess each situation to determine the need and availability of

language assistance to all involved LEP individuals and utilize the methods outlined in this policy

to provide such assistance.

Although not every situation can be addressed in this policy, it is important that members are able

to effectively communicate the reason for a contact, the need for information and the meaning

or consequences of any enforcement action. For example, it would be meaningless to request

consent to search if the officer is unable to effectively communicate with an LEP individual.

If available, officers should obtain the assistance of a qualified bilingual member or an authorized

interpreter before placing an LEP individual under arrest.

331.13 INVESTIGATIVE FIELD INTERVIEWS

In any situation where an interview may reveal information that could be used as the basis for

arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or

lacks the skills to directly communicate with the LEP individual, an authorized interpreter should

be used. This includes interviews conducted during an investigation with victims, witnesses and

suspects. In such situations, audio recordings of the interviews should be made when reasonably

possible. Identification and contact information for the interpreter (e.g., name, address) should be

documented so that the person can be subpoenaed for trial if necessary.

If an authorized interpreter is needed, officers should consider calling for an authorized interpreter

in the following order:

• An authorized department member or allied agency interpreter

• An authorized telephone interpreter

• Any other authorized interpreter

Any Miranda warnings shall be provided to suspects in their primary language by an authorized

interpreter or, if the suspect is literate, by providing a translated Miranda warning card.

The use of an LEP individual’s bilingual friends, family members, children, neighbors or bystanders

may be used only when a qualified bilingual member or authorized interpreter is unavailable and

there is an immediate need to interview an LEP individual.

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331.14 CUSTODIAL INTERROGATIONS

Miscommunication during custodial interrogations may have a substantial impact on the evidence

presented in a criminal prosecution. Only qualified bilingual members or, if none is available

or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda

warnings shall be provided to suspects in their primary language by the qualified bilingual member

or an authorized interpreter.

In order to ensure that translations during custodial interrogations are accurately documented and

are admissible as evidence, interrogations should be recorded whenever reasonably possible.

See guidance on recording custodial interrogations in the Investigation and Prosecution Policy.

331.15 BOOKINGS

When gathering information during the booking process, members should remain alert to the

impediments that language barriers can create. In the interest of the arrestee’s health and welfare,

the safety and security of the facility, and to protect individual rights, it is important that accurate

medical screening and booking information be obtained. Members should seek the assistance

of a qualified bilingual member whenever there is concern that accurate information cannot be

obtained or that booking instructions may not be properly understood by an LEP individual.

331.16 COMPLAINTS

The Department shall ensure that LEP individuals who wish to file a complaint regarding members

of this department are able to do so. The Department may provide an authorized interpreter or

translated forms, as appropriate. Complaints will be referred to the LEP Coordinator.

Investigations into such complaints shall be handled in accordance with the Personnel Complaints

Policy. Authorized interpreters used for any interview with an LEP individual during an investigation

should not be members of this department.

Any notice required to be sent to an LEP individual as a complaining party pursuant to the

Personnel Complaints Policy should be translated or otherwise communicated in a language-

accessible manner.

331.17 COMMUNITY OUTREACH

Community outreach programs and other such services offered by this department are important

to the ultimate success of more traditional law enforcement duties. This department will continue

to work with community groups, local businesses and neighborhoods to provide equal access to

such programs and services.

331.18 TRAINING

To ensure that all members who may have contact with LEP individuals are properly trained;

the Department will provide periodic training on this policy and related procedures, including

how to access department-authorized telephonic and in-person interpreters and other available

resources.

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The Training Sergeant shall be responsible for ensuring new members receive LEP training. Those

who may have contact with LEP individuals should receive refresher training at least once every

two years thereafter. The Training Sergeant shall maintain records of all LEP training provided, and

will retain a copy in each member’s training file in accordance with established records retention

schedules.

331.18.1 TRAINING FOR AUTHORIZED INTERPRETERS

All members on the authorized interpreter list must successfully complete prescribed interpreter

training. To complete interpreter training successfully, an interpreter must demonstrate proficiency

in and ability to communicate information accurately in both English and in the target language,

demonstrate knowledge in both languages of any specialized terms or phraseology, and

understand and adhere to the interpreter role without deviating into other roles, such as counselor

or legal adviser.

Members on the authorized interpreter list must receive refresher training annually or they will be

removed from the authorized interpreter list. This annual training should include language skills

competency (including specialized terminology) and ethical considerations.

The Training Sergeant shall be responsible for coordinating the annual refresher training and will

maintain a record of all training the interpreters have received.

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Communications with Persons with Disabilities

332.1 PURPOSE AND SCOPE

This policy provides guidance to members when communicating with individuals with disabilities,

including those who are deaf or hard of hearing, have impaired speech or vision, or are blind.

332.1.1 DEFINITIONS

Definitions related to this policy include:

Auxiliary aids - These are used to communicate with people who have a disability or impairment.

They include but are not limited to the use of gestures or visual aids to supplement oral

communication; use of a notepad and pen or pencil to exchange written notes; use of a computer

or typewriter; use of an assistive listening system or device to amplify sound; use of a teletypewriter

(TTY) or videophones (video relay service or VRS); use of taped text; use of qualified readers; or

use of a qualified interpreter.

Disability or impairment - A physical or mental impairment that substantially limits a major life

activity, including hearing or seeing, regardless of whether the disabled person uses assistive or

adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are

not considered to have a disability (42 USC § 12102). This includes a person who has a hearing

loss that requires the use of a Telecommunications Device for the Deaf (TDD) to communicate

effectively on the telephone (UAC R746-8-405).

Qualified interpreter - A person who is able to interpret effectively, accurately, and impartially,

both receptively and expressively, using any necessary specialized vocabulary. Qualified

interpreters include oral interpreters, transliterators, sign language interpreters, and intermediary

interpreters. Qualified interpreters should have a certification approved by the Utah Division of

Services for the Deaf and Hard of Hearing Interpreters Certification Board (Utah Code 35A-13-605;

UAC R993-300-301 et seq.).

332.2 POLICY

It is the policy of the West Jordan Police Department to reasonably ensure that people with

disabilities, including victims, witnesses, suspects and arrestees have equal access to law

enforcement services, programs and activities. Members must make efforts to communicate

effectively with individuals with disabilities.

The Department will not discriminate against or deny any individual access to services, rights or

programs based upon disabilities.

332.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR

The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107).

The ADA Coordinator shall be appointed by, and directly responsible, to the Patrol Division Chief

or the authorized designee.

The responsibilities of the ADA Coordinator shall include, but not be limited to:

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(a) Working with the City ADA coordinator regarding the West Jordan Police Department’s

efforts to ensure equal access to services, programs and activities.

(b) Developing reports, new procedures, or recommending modifications to this policy.

regarding access to department services, programs and activities.

(d) Ensuring that a list of qualified interpreter services is maintained and available to

each Watch Commander and Dispatch Supervisor. The list should include information

regarding the following:

1. Contact Information

2. Availability

(e) Developing procedures that will enable members to access auxiliary aids or services,

including qualified interpreters, and ensure the procedures are available to all

members.

(f) Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are

available free of charge to people with disabilities.

(g) Ensuring appropriate processes are in place to provide for the prompt and equitable

resolution of complaints and inquiries regarding discrimination in access to department

services, programs and activities.

332.4 FACTORS TO CONSIDER

Because the nature of any law enforcement contact may vary substantially from one situation

to the next, members of this department should consider all information reasonably available to

them when determining how to communicate with an individual with a disability. Members should

carefully balance all known factors in an effort to reasonably ensure people who are disabled have

equal access to services, programs and activities. These factors may include, but are not limited to:

(a) Members should not always assume that effective communication is being achieved.

The fact that an individual appears to be nodding in agreement does not always mean

he/she completely understands the message. When there is any doubt, members

should ask the individual to communicate back or otherwise demonstrate their

understanding.

(b) The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low

vision).

custodial vs. consensual contact).

(d) The availability of auxiliary aids. The fact that a particular aid is not available does

not eliminate the obligation to reasonably ensure access. However, in an emergency,

availability may factor into the type of aid used.

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332.5 INITIAL AND IMMEDIATE CONSIDERATIONS

Recognizing that various law enforcement encounters may be potentially volatile and/or

emotionally charged, members should remain alert to the possibility of communication problems.

Members should exercise special care in the use of all gestures, and verbal and written

communication to minimize initial confusion and misunderstanding when dealing with any

individual with known or suspected disabilities.

In a non-emergency situation, when a member knows or suspects an individual requires

assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary

aid or service.

The individual’s preferred communication method must be honored unless another effective

method of communication exists under the circumstances (28 CFR 35.160).

Factors to consider when determining whether an alternative method is effective include:

(a) The methods of communication usually used by the individual.

(b) The nature, length and complexity of the communication involved.

In emergency situations involving an imminent threat to the safety or welfare of any person,

members may use whatever auxiliary aids and services that reasonably appear effective under

the circumstances. This may include, for example, exchanging written notes or using the services

of a person who knows sign language but is not a qualified interpreter, even if the person who is

deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate

auxiliary aid or service. Once the emergency has ended, the continued method of communication

should be reconsidered. The member should inquire as to the individual's preference and give

primary consideration to that preference.

If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the

custody of the West Jordan Police Department, consideration should be given, safety permitting,

to placing the handcuffs in the front of the body to facilitate communication using sign language

or writing.

332.6 TYPES OF ASSISTANCE AVAILABLE

West Jordan Police Department members shall never refuse to assist an individual with disabilities

who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor

shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving

assistance. The Department will make every reasonable effort to provide equal access and timely

assistance to individuals who are disabled through a variety of services.

A person who is disabled may choose to accept department-provided auxiliary aids or services

or they may choose to provide their own.

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Department-provided auxiliary aids or services may include, but are not limited to, the assistance

methods described in this policy.

332.7 AUDIO RECORDINGS AND ENLARGED PRINT

The Department may develop audio recordings to assist people who are blind or have a visual

impairment with accessing important information. If such a recording is not available, members

may read aloud from the appropriate form, for example a personnel complaint form, or provide

forms with enlarged print.

332.8 QUALIFIED INTERPRETERS

A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a

victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign

language or speechreading (lip-reading) to understand what others are saying. The qualified

interpreter should not be a person with an interest in the case or the investigation. A person

providing interpretation services may be required to establish the accuracy and trustworthiness

of the interpretation in a court proceeding.

Qualified interpreters should be:

(a) Available within a reasonable amount of time but in no event longer than one hour

if requested.

(b) Experienced in providing interpretation services related to law enforcement matters.

(d) Certified in either American Sign Language (ASL) or Signed English (SE).

(e) Able to understand and adhere to the interpreter role without deviating into other roles,

such as counselor or legal adviser.

(f) Knowledgeable of the ethical issues involved when providing interpreter services.

Members should use department-approved procedures to request a qualified interpreter at the

earliest reasonable opportunity, and generally not more than 15 minutes after a request for an

interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual

who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160).

332.9 TTY AND RELAY SERVICES

In situations where an individual without a disability would have access to a telephone (e.g.,

booking or attorney contacts), members must also provide those who are deaf, hard of hearing

or have impaired speech the opportunity to place calls using an available TTY (also known as a

telecommunications device for deaf people, or TDD). Members shall provide additional time, as

needed, for effective communication due to the slower nature of TTY and TDD communications.

The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing

and received via a telecommunications relay service (28 CFR 35.162).

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Note that relay services translate verbatim, so the conversation must be conducted as if speaking

directly to the caller.

332.10 COMMUNITY VOLUNTEERS

Interpreter services may be available from community volunteers who have demonstrated

competence in communication services, such as ASL or SE, and have been approved by the

Department to provide interpreter services.

Where qualified interpreters are unavailable to assist, approved community volunteers who have

demonstrated competence may be called upon when appropriate. However, department members

must carefully consider the nature of the contact and the relationship between the individual with

the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased

assistance.

332.11 FAMILY AND FRIENDS

While family or friends may offer to assist with interpretation, members should carefully consider

the circumstances before relying on such individuals. The nature of the contact and relationship

between the individual with the disability and the person offering services must be carefully

considered (e.g., victim/suspect).

Children shall not be relied upon except in emergency or critical situations when there is no

qualified interpreter reasonably available.

Adults may be relied upon when (28 CFR 35.160):

(a) There is an emergency or critical situation and there is no qualified interpreter

reasonably available.

(b) The person with the disability requests that the adult interpret or facilitate

communication and the adult agrees to provide such assistance, and reliance on that

adult for such assistance is reasonable under the circumstances.

332.12 REPORTING

Whenever any member of this department is required to complete a report or other documentation,

and communication assistance has been provided, such services should be noted in the related

report. Members should document the type of communication services utilized and whether the

individual elected to use services provided by the Department or some other identified source.

If the individual’s express preference is not honored, the member must document why another

method of communication was used.

All written communications exchanged in a criminal case shall be attached to the report or placed

into evidence.

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332.13 FIELD ENFORCEMENT

Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving

warrants and restraining orders, crowd/traffic control and other routine field contacts that may

involve individuals with disabilities. The scope and nature of these activities and contacts will

inevitably vary.

The Department recognizes that it would be virtually impossible to provide immediate access

to complete communication services to every member of this department. Members and/or

supervisors must assess each situation and consider the length, complexity and importance of the

communication, as well as the individual’s preferred method of communication, when determining

the type of resources to use and whether a qualified interpreter is needed.

Although not every situation can be addressed in this policy, it is important that members are able

to effectively communicate the reason for a contact, the need for information and the meaning

or consequences of any enforcement action. For example, it would be meaningless to verbally

request consent to search if the officer is unable to effectively communicate with an individual who

is deaf or hard of hearing and requires communications assistance.

If available, officers should obtain the assistance of a qualified interpreter before placing an

individual with a disability under arrest. Individuals who are arrested and are assisted by service

animals should be permitted to make arrangements for the care of such animals prior to transport.

332.13.1 FIELD RESOURCES

Examples of methods that may be sufficient for transactions, such as checking a license or giving

directions to a location or for urgent situations such as responding to a violent crime in progress,

may, depending on the circumstances, include such simple things as:

(a) Hand gestures or visual aids with an individual who is deaf, hard of hearing or has

impaired speech.

(b) Exchange of written notes or communications.

and speaking slowly and clearly.

(d) Use of computer, word processing, personal communication device or similar device

to exchange texts or notes.

(e) Slowly and clearly speaking or reading simple terms to individuals who have a visual

or mental impairment.

Members should be aware that these techniques may not provide effective communication as

required by law and this policy depending on the circumstances.

332.14 CUSTODIAL INTERROGATIONS

In an effort to ensure that the rights of individuals who are deaf, hard of hearing or have speech

impairment are protected during a custodial interrogation, this department will provide interpreter

services before beginning an interrogation, unless exigent circumstances exist or the individual

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has made a clear indication that he/she understands the process and desires to proceed without

an interpreter. The use of a video remote interpreting service should be considered, where

appropriate, if a live interpreter is not available. Miranda warnings shall be provided to suspects

who are deaf or hard of hearing by a qualified interpreter or by providing a written Miranda warning

card.

In order to ensure that communications during custodial investigations are accurately documented

and are admissible as evidence, interrogations should be recorded whenever reasonably possible.

See guidance on recording custodial interrogations in the Investigation and Prosecution Policy.

332.15 ARRESTS AND BOOKINGS

If an individual with speech or hearing disabilities is arrested, the arresting officer shall use

department-approved procedures to provide a qualified interpreter at the place of arrest or

booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a

different auxiliary aid or service or the officer reasonably determines another effective method of

communication exists under the circumstances.

When gathering information during the booking process, members should remain alert to the

impediments that often exist when communicating with those who are deaf, hard of hearing,

who have impaired speech or vision, are blind, or have other disabilities. In the interest of the

arrestee’s health and welfare, the safety and security of the facility and to protect individual

rights, it is important that accurate medical screening and booking information be obtained. If

necessary, members should seek the assistance of a qualified interpreter whenever there is

concern that accurate information cannot be obtained or that booking instructions may not be

properly understood by the individual.

Individuals who require and possess personally owned communication aids (e.g., hearing aids,

cochlear processors) should be permitted to retain them while in custody.

332.16 COMPLAINTS

The Department shall ensure that individuals with disabilities who wish to file a complaint regarding

members of this department are able to do so. The Department may provide a qualified interpreter

or forms in enlarged print, as appropriate. Complaints will be referred to the department ADA

Coordinator.

Investigations into such complaints shall be handled in accordance with the Personnel Complaints

Policy. Qualified interpreters used during the investigation of a complaint should not be members

of this Department.

332.17 COMMUNITY OUTREACH

Community outreach programs and other such services offered by this department are important

to the ultimate success of more traditional law enforcement duties. This department will continue

to work with community groups, local businesses and neighborhoods to provide equal access to

such programs and services.

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332.18 TRAINING

To ensure that all members who may have contact with individuals who are disabled are properly

trained, the Department will provide periodic training that should include:

(a) Awareness and understanding of this policy and related procedures, related forms and

available resources.

(b) Procedures for accessing qualified interpreters and other available resources.

The Training Sergeant shall be responsible for ensuring new members receive training related

to interacting with individuals who have disabilities, including individuals who are deaf, hard of

hearing, who have impaired speech or vision, or are blind. Those who may have contact with

such individuals who are disabled should receive refresher training at least once every two years

thereafter. The Training Sergeant shall maintain records of all training provided, and will retain a

copy in each member’s training file in accordance with established records retention schedules.

332.18.1 CALL-TAKER TRAINING

Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating

with individuals who are deaf, hard of hearing or who have speech impairments. Such training

and information should include:

(a) The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone

emergency service providers.

(b) ASL syntax and accepted abbreviations.

importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations

and protocol when responding to TTY or TDD calls.

(d) Hands-on experience in TTY and TDD communications, including identification of TTY

or TDD tones.

Training should be mandatory for all Dispatch members who may have contact with individuals

from the public who are deaf, hard of hearing or have impaired speech. Refresher training should

occur every six months.

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Mandatory Employer Notification

333.1 PURPOSE AND SCOPE

The purpose of this policy is to describe the notification requirements and procedures to follow

when a school employee has been arrested for certain offenses.

333.2 POLICY

The West Jordan Police Department will meet the reporting mandates of Utah Code 53-10-211

to minimize the risks to children or others.

333.3 MANDATORY NOTIFICATION

If a school employee is arrested, or the Department receives information from another jurisdiction

of a school employee’s arrest, for any of the following offenses, the Chief of Police or the

authorized designee shall immediately report the arrest to the State Board of Education and the

superintendent of the school district that employs the employee (Utah Code 53-10-211):

(a) Any controlled substance offense under Utah Code 58-37-8

(b) Any offense under Utah Code 76-5-401 et seq. (sexual offenses)

If the person is an employee of a private school, notification shall be made to the administrator

of the school.

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Child and Dependent Adult Safety

334.1 PURPOSE AND SCOPE

This policy provides guidelines to ensure that children and dependent adults are not left without

appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from

providing care due to actions taken by members of this department.

This policy does not address the actions to be taken during the course of a child abuse or

dependent adult investigation. These are covered in the Child Abuse Policy and the Adult Abuse

Policy.

334.2 POLICY

It is the policy of this department to mitigate, to the extent reasonably possible, the stressful

experience individuals may have when their parent or caregiver is arrested. The West Jordan

Police Department will endeavor to create a strong, cooperative relationship with local, state and

community-based social services to ensure an effective, collaborative response that addresses

the needs of those affected, including call-out availability and follow-up responsibilities.

334.3 PROCEDURES DURING AN ARREST

When encountering an arrest or prolonged detention situation, officers should make reasonable

attempts to determine if the arrestee is responsible for children or dependent adults. In some

cases this may be obvious, such as when children or dependent adults are present. However,

officers should inquire if the arrestee has caregiver responsibilities for any children or dependent

adults who are without appropriate supervision. The following steps should be taken:

(a)

Inquire about and confirm the location of any children or dependent adults.

(b)

Look for evidence of children and dependent adults. Officers should be mindful that

some arrestees may conceal the fact that they have a dependent for fear the individual

may be taken from them.

(c)

Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to

whether the person is responsible for a child or dependent adult.

Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of

a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing

children or dependent adults from the scene in advance of the arrest will generally ensure the

best outcome for the individual.

Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or

dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent

or caregiver suggests this conversation would be non-productive, the officer at the scene should

explain the reason for the arrest in age-appropriate language and offer reassurance to the child

or dependent adult that he/she will receive appropriate care.

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334.3.1 AFTER AN ARREST

Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of

the arrestee’s disclosed or discovered children or dependent adults.

Officers should allow the arrestee reasonable time to arrange for care of children and dependent

adults. Temporary placement with family or friends may be appropriate. However, any decision

should give priority to a care solution that is in the best interest of the child or dependent adult. In

such cases the following guidelines should be followed:

(a)

Allow the person reasonable time to arrange for the care of children and dependent

adults with a responsible party, as appropriate.

1. Officers should consider allowing the person to use his/her cell phone to facilitate

arrangements through access to contact phone numbers, and to lessen the

likelihood of call screening by the recipients due to calls from unknown sources.

(b)

Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe

environment), officers should respect the parent or caregiver’s judgment regarding

arrangements for care. It is generally best if the child or dependent adult remains

with relatives or family friends that he/she knows and trusts because familiarity with

surroundings and consideration for comfort, emotional state and safety are important.

Except when a court order exists limiting contact, the officer should attempt

to locate and place children or dependent adults with the non-arrested parent,

guardian or caregiver.

(c)

Provide for the immediate supervision of children or dependent adults until an

appropriate caregiver arrives.

(d)

Notify Child Protective Services, if appropriate.

(e)

Notify the field supervisor or Watch Commander of the disposition of children or

dependent adults.

If children or dependent adults are at school or another known location outside the household

at the time of arrest, the arresting officer should attempt to contact the school or other known

location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of

the arrangements being made for the care of the arrestee’s dependent. The result of such actions

should be documented in the associated report.

334.3.2 DURING THE BOOKING PROCESS

During the booking process the arrestee shall be allowed to make additional telephone calls to

relatives or other responsible individuals as is reasonably necessary to arrange for the care of any

child or dependent adult. These telephone calls should be given as soon as practicable and are

in addition to any other telephone calls allowed by law.

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If an arrestee is unable to resolve the care of any child or dependent adult through this process,

a supervisor should be contacted to determine the appropriate steps to arrange for care. These

steps may include additional telephone calls or contacting a local, county or state services agency.

334.3.3 REPORTING

(a)

For all arrests where children are present or living in the household, the reporting

member will document the following information:

Name

Sex

Age

4. Special needs (e.g., medical, mental health)

How, where and with whom or which agency the child was placed

6. Identities and contact information for other potential caregivers

7. Notifications made to other adults (e.g., schools, relatives)

(b)

For all arrests where dependent adults are present or living in the household, the

reporting member will document the following information:

Name

Sex

Age

Whether he/she reasonably appears able to care for him/herself

Disposition or placement information if he/she is unable to care for him/herself

334.3.4 SUPPORT AND COUNSELING REFERRAL

If, in the judgment of the handling officers, the child or dependent adult would benefit from

additional assistance, such as counseling services, contact with a victim advocate or a crisis

telephone number, the appropriate referral information may be provided.

334.4 DEPENDENT WELFARE SERVICES

Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child

or dependent adult, the handling officer should contact the appropriate welfare service or other

department-approved social service to determine whether protective custody is appropriate.

Only when other reasonable options are exhausted should a child or dependent adult be

transported to the police facility, transported in a marked law enforcement vehicle or taken into

formal protective custody.

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Under no circumstances should a child or dependent adult be left unattended or without

appropriate care.

334.5 TRAINING

The Training Sergeant is responsible to ensure that all members of this department who may be

involved in arrests affecting children or dependent adults receive approved training on effective

safety measures when a parent, guardian or caregiver is arrested.

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Service Animals

335.1 PURPOSE AND SCOPE

Service animals play an important role in helping to overcome the limitations often faced by people

with disabilities. The West Jordan Police Department recognizes this need and is committed to

making reasonable modifications to its policies, practices, and procedures in accordance with Title

II of the Americans with Disabilities Act of 1990 (ADA) to permit the use of service animals that

are individually trained to assist a person with a disability.

335.2 SERVICE ANIMALS

The ADA defines a service animal as any dog or miniature horse that is individually trained to do

work or perform tasks for the benefit of an individual with a disability, including a physical, sensory,

psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal

must be directly related to the owner’s disability (28 CFR 35.104).

335.2.1 USE OF SERVICE ANIMALS

Some service animals may be readily identifiable. However, many do not have a distinctive

symbol, harness or collar. Service animals are not pets and may be trained by an individual or

organization to assist people with disabilities.

Service animals may be used in a number of ways to provide assistance, including:

• Guiding people who are blind or have low vision.

• Alerting people who are deaf or hard of hearing.

• Retrieving or picking up items, opening doors or flipping switches for people who have

limited use of their hands, arms or legs.

• Pulling wheelchairs.

• Providing physical support and assisting people with stability and balance.

• Doing work or performing tasks for persons with traumatic brain injury, intellectual

disabilities or psychiatric disabilities, such as reminding a person with depression to

take medication.

• Alerting a person with anxiety to the onset of panic attacks, providing tactile

stimulation to calm a person with post-traumatic stress disorder, assisting people with

schizophrenia to distinguish between hallucinations and reality and helping people

with traumatic brain injury to locate misplaced items or follow daily routines.

335.3 EMPLOYEE RESPONSIBILITIES

Service animals that are assisting individuals with disabilities are permitted in all public facilities

and areas where the general public is allowed. Department members are expected to treat

individuals with service animals with the same courtesy and respect that the West Jordan Police

Department affords to all members of the public.

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If an animal exhibits vicious behavior, poses a direct threat to the health of others or unreasonably

disrupts or interferes with normal business operations an officer may direct the owner to remove

the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the

person takes prompt, effective action to control the animal. Each incident must be considered

individually and past incidents alone are not cause for excluding a service animal. Removal of a

service animal may not be used as a reason to refuse service to an individual with disabilities.

Members of this department are expected to provide all services as are reasonably available to

an individual with the disability.

If it is apparent or if an officer is aware the animal is a service animal, the owner should not be

asked any questions as to the status of the animal. If it is unclear whether an animal meets the

definition of a service animal, the officer should ask the individual only the following questions:

• Is the animal required because of a disability?

• What task or service has the service animal been trained to perform?

If the individual explains that the animal is required because of a disability and has been trained

to work or perform at least one task the animal meets the definition of a service animal and no

further question as to the animal’s status should be asked. The person should not be questioned

about his/her disabilities nor should the person be asked to provide any license, certification or

identification card for the service animal.

Service animals are not pets. Department members should not interfere with the important work

performed by a service animal by talking to, petting, or otherwise initiating contact with a service

animal.

When handling calls of a complaint regarding a service animal, members of this department

should remain neutral and should be prepared to explain the ADA requirements concerning service

animals to the concerned parties. Businesses are required to allow service animals to accompany

their owner into all areas that other customers or members of the public are allowed.

Absent a violation of law independent of the ADA, officers should take no enforcement action

beyond keeping the peace. Individuals who believe they have been discriminated against as a

result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice.

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Volunteer Program

336.1 PURPOSE AND SCOPE

It is the policy of this department to use qualified volunteers for specified tasks and duties in order

to create efficiencies for the Department and improve services to the community. Volunteers are

intended to supplement and support, rather than supplant, sworn officers and civilian personnel.

Volunteers can be an important part of any organization and have proven to be a valuable asset

to law enforcement agencies. Volunteers help to increase departmental responsiveness, delivery

of services and information input, and provide new program opportunities. In addition, volunteers

bring new skills and expertise to the Department and prompt new enthusiasm.

336.1.1 DEFINITION OF VOLUNTEER

An individual who performs a service for the Department without promise, expectation or receipt of

compensation for services rendered. This may include unpaid chaplains, unpaid reserve officers,

interns, persons providing administrative support and youth involved in a law enforcement Explorer

Post, among others.

336.2 VOLUNTEER MANAGEMENT

336.2.1 VOLUNTEER COORDINATOR

The Volunteer Coordinator shall be appointed by the Administration Division Chief. The function

of the Volunteer Coordinator is to provide a central coordinating point for effective volunteer

management within the Department, and to direct and assist staff and volunteer efforts to jointly

provide more productive services. The Volunteer Coordinator should work with other Department

staff on an ongoing basis to assist in the development and implementation of volunteer-staffed

positions.

The Volunteer Coordinator, or his/her designee, shall be responsible for the following:

(a) Recruiting, selecting and training qualified volunteers for various positions.

(b) Facilitating the implementation of new volunteer activities and assignments.

(d) Tracking and evaluating the contribution of volunteers.

(e) Maintaining the volunteer handbook and outlining expectations, policies and

responsibilities for all volunteers.

(f) Maintaining a record of volunteer schedules and work hours.

(g) Completion and dissemination as appropriate of all necessary paperwork and

information.

(h) Planning periodic recognition events.

(i) Administering discipline when warranted.

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(j) Maintaining liaison with other volunteer-utilizing programs in the community and

assisting in community-wide efforts to recognize and promote volunteering.

336.2.2 RECRUITMENT

Volunteers should be recruited on a continuous and ongoing basis consistent with department

policy on equal opportunity nondiscriminatory employment. A primary qualification for participation

in the application process should be an interest in, and an ability to assist the Department in

serving the public.

Requests for volunteers should be submitted in writing by interested staff to the Volunteer

Coordinator through the requester’s immediate supervisor. A complete position description and

a requested time frame should be included in the request. All parties should understand that the

recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer

Coordinator may withhold assignment of any volunteer until such time as the requesting unit is

prepared to make effective use of volunteer resources.

336.2.3 SCREENING

All prospective volunteers should complete the volunteer application form. The Volunteer

Coordinator or designee should conduct a face-to-face interview with an applicant under

consideration.

A documented background investigation shall be completed on each volunteer applicant and shall

include, but not necessarily be limited to, the following:

(a) Traffic and criminal background check. Fingerprints shall be obtained from all

applicants and processed through the Utah Department of Public Safety.

(b) Employment.

(d) Credit check.

A polygraph exam may be required of each applicant depending on the type of assignment.

336.2.4 SELECTION AND PLACEMENT

Service as a volunteer with the Department shall begin with an official notice of acceptance or

appointment to a volunteer position. Notice may only be given by an authorized representative of

the Department, who will normally be the Volunteer Coordinator. No volunteer should begin any

assignment until they have been officially accepted for that position and completed all required

screening and paperwork. At the time of final acceptance, each volunteer should complete all

required enrollment paperwork and will receive a copy of their position description and agreement

of service with the Department. All volunteers shall receive a copy of the volunteer handbook and

shall be required to sign a volunteer agreement.

Volunteers should be placed only in assignments or programs that are consistent with their

knowledge, skills, abilities and the needs of the Department.

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336.2.5 TRAINING

Volunteers will be provided with an orientation program to acquaint them with the Department,

personnel, policies and procedures that have a direct impact on their work assignment.

Volunteers should receive position-specific training to ensure they have adequate knowledge and

skills to complete tasks required by the position and should receive periodic ongoing training as

deemed appropriate by their supervisor or the Volunteer Coordinator. Training should reinforce

to volunteers that they may not intentionally represent themselves as, or by omission infer that

they are sworn officers or other full-time members of the Department. They shall always represent

themselves as volunteers.

All volunteers shall comply with the rules of conduct and with all orders and directives, either oral

or written, issued by the Department.

336.2.6 FITNESS FOR DUTY

No volunteer shall report to work or be on-duty when his/her judgment or physical condition has

been impaired by alcohol, medication, other substances, illness or injury.

Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill

their duties. This includes, but is not limited to, the following:

(a) Driver's license

(b) Medical condition

(d) Criminal investigations

All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol

use.

336.2.7 DRESS CODE

As representatives of the Department, volunteers are responsible for presenting a professional

image to the community. Volunteers shall dress appropriately for the conditions and performance

of their duties.

Volunteers shall conform to department-approved dress consistent with their duty assignment.

Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn

officers. The uniform or identifiable parts of the uniform shall not be worn while off-duty except

volunteers may choose to wear the uniform while in transit to or from official department

assignments or functions provided an outer garment is worn over the uniform shirt so as not to

bring attention to the volunteer while he/she is off duty.

Volunteers shall be required to return any issued uniform or department property at the termination

of service.

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336.3 SUPERVISION OF VOLUNTEERS

Each volunteer who is accepted to a position with the Department must have a clearly identified

supervisor who is responsible for direct management of that volunteer. This supervisor will be

responsible for day-to-day management and guidance of the work of the volunteer and should be

available to the volunteer for consultation and assistance.

A volunteer may be assigned as and act as a supervisor of other volunteers provided that the

supervising volunteer is under the direct supervision of a paid staff member.

Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit

where the volunteer is assigned. Following are some considerations to keep in mind while

supervising volunteers:

(a) Take the time to introduce volunteers to employees on all levels.

(b) Ensure volunteers have work space and necessary office supplies.

that will tap these valuable resources.

336.4 CONFIDENTIALITY

With appropriate security clearance, volunteers may have access to confidential information

such as criminal histories or investigative files. Unless otherwise directed by a supervisor

or departmental policy, all information shall be considered confidential. Only that information

specifically identified and approved by authorized personnel shall be released. Confidential

information shall be given only to persons who have a need and a right to know as determined

by departmental policy and supervisory personnel.

Each volunteer will be required to sign a nondisclosure agreement before being given an

assignment with the Department. Subsequent unauthorized disclosure of any confidential

information, verbally, in writing or by any other means, by the volunteer is grounds for immediate

dismissal and possible criminal prosecution.

Volunteers shall not address public gatherings, appear on radio or television, prepare any article

for publication, act as correspondents to a newspaper or other periodical, release or divulge

any information concerning the activities of the Department, or maintain that they represent the

Department in such matters without permission from the proper department personnel.

336.5 PROPERTY AND EQUIPMENT

Volunteers will be issued an identification card that must be worn at all times while on-duty. Any

fixed and portable equipment issued by the Department shall be for official and authorized use

only. Any property or equipment issued to a volunteer shall remain the property of the Department

and shall be returned at the termination of service.

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336.5.1 VEHICLE USE

Volunteers assigned to duties such as vacation house checks or other assignments that require

the use of a vehicle must first complete the following:

(a) A driving safety briefing and department approved driver safety course.

(b) Verification that the volunteer possesses a valid Utah Driver’s License.

The Volunteer Coordinator should insure that all volunteers receive safety briefing updates and

license and insurance verification at least once a year.

When operating a Department vehicle, volunteers shall obey all rules of the road, including seat

belt requirements. Smoking is prohibited in all Department vehicles.

Volunteers should not operate a marked patrol car unless there is a prominently placed sign

indicating that it is out of service and are not authorized to operate a Department vehicle Code-3.

336.5.2 RADIO AND MDT USAGE

Volunteers shall successfully complete Utah Criminal Justice Information System (UCJIS) and

radio procedures training prior to using the police radio or MDT and comply with all related

provisions. The Volunteer Coordinator should ensure that radio and UCJIS training is provided

for volunteers whenever necessary.

336.6 DISCIPLINARY PROCEDURES/TERMINATION

A volunteer may be removed from the volunteer program at the discretion of the Chief of Police

or the Volunteer Coordinator. Volunteers shall have no property interests in their continued

appointment. However, if a volunteer is removed for alleged misconduct, the volunteer will be

afforded an opportunity solely to clear his/her name through a liberty interest hearing which shall

be limited to a single appearance before the Chief of Police or authorized designee.

Volunteers may resign from volunteer service with the Department at any time. It is requested

that volunteers who intend to resign provide advance notice of their departure and a reason for

their decision.

336.6.1 EXIT INTERVIEWS

Exit interviews, where possible, should be conducted with volunteers who are leaving their

positions. The interview should ascertain why the volunteer is leaving the position and solicit the

volunteer’s suggestions on improving the position. When appropriate, the interview should also

include a discussion on the possibility of involvement in some other capacity with the Department.

336.7 EVALUATION

An evaluation of the overall volunteer program will be conducted on an annual basis by the

Volunteer Coordinator. Regular evaluations should be conducted with volunteers to ensure the

best use of human resources available, to ensure personnel problems can be identified and dealt

with promptly and fairly, and to ensure optimum satisfaction on the part of volunteers.

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Off-Duty Law Enforcement Actions

337.1 PURPOSE AND SCOPE

The decision to become involved in a law enforcement action when off-duty can place an officer

as well as others at great risk and must be done with careful consideration. This policy is intended

to provide guidelines for officers of the West Jordan Police Department with respect to taking law

enforcement action while off-duty.

337.2 POLICY

Initiating law enforcement action while off-duty is generally discouraged. Officers should not

attempt to initiate enforcement action when witnessing minor crimes, such as suspected

intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly

reported to the appropriate law enforcement agency.

Officers are not expected to place themselves in unreasonable peril. However, any sworn member

of this department who becomes aware of an incident or circumstance that he/she reasonably

believes poses an imminent threat of serious bodily injury or death, or significant property damage

may take reasonable action to minimize the threat.

When public safety or the prevention of major property damage requires immediate action, officers

should first consider reporting and monitoring the activity and only take direct action as a last

resort.

Officers should remember that their authority as a peace officer may not extend to actions taken

outside their jurisdiction unless authorized by law (Utah Code § 77-9-3).

337.3 FIREARMS

Officers of this department may carry firearms while off-duty in accordance with federal regulations

and department policy. All firearms and ammunition must meet guidelines as described in the

department Firearms Policy. When carrying firearms while off-duty, officers shall also carry their

department-issued badge and identification.

Officers should refrain from carrying firearms when the consumption of alcohol is likely or when the

need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried by any

officer who has consumed an amount of an alcoholic beverage, taken any drugs or medications

or any combination thereof that would tend to adversely affect the officer’s senses or judgment.

337.4 DECISION TO INTERVENE

There is no legal requirement for off-duty officers to take law enforcement action. However, should

officers decide to intervene, they must evaluate whether the action is necessary or desirable, and

should take into consideration the following:

(a) The tactical disadvantage of being alone and the fact there may be multiple or hidden

suspects.

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(b) The inability to communicate with responding units.

(d) The lack of cover.

(e) The potential for increased risk to bystanders if the off-duty officer were to intervene.

(f) Unfamiliarity with the surroundings.

(g) The potential for the off-duty officer to be misidentified by other peace officers or

members of the public.

Officers should consider waiting for on-duty uniformed officers to arrive, and gather as much

accurate intelligence as possible instead of immediately intervening.

337.4.1 INTERVENTION PROCEDURE

If involvement is reasonably necessary, the officer should attempt to call or have someone else call

9-1-1 to request immediate assistance. The operator should be informed that an off-duty officer

is on-scene and should be provided a description of the officer if possible.

Whenever practicable, the officer should loudly and repeatedly identify him/herself as an West

Jordan Police Department officer until acknowledged. Official identification should also be

displayed.

337.4.2 INCIDENTS OF PERSONAL INTEREST

Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor

disputes) and should remain neutral. In such circumstances officers should call the responsible

agency to handle the matter.

337.4.3 NON-SWORN RESPONSIBILITIES

Non-sworn personnel should not become involved in any law enforcement actions while off-duty

except to notify the local law enforcement authority and remain at the scene, if safe and practicable.

337.4.4 OTHER CONSIDERATIONS

When encountering a non-uniformed officer in public, uniformed officers should wait for

acknowledgement by the non-uniformed officer in case he/she needs to maintain an undercover

capability.

337.5 REPORTING

Any officer, prior to taking any off-duty enforcement action, shall notify and receive approval of an

West Jordan Police Department Supervisor (or other applicable law enforcement authority if acting

outside the jurisdiction of the West Jordan Police Department). If prior contact is not reasonably

possible, an officer shall notify the applicable local law enforcement agency as soon as reasonably

possible (Utah Code § 77-9-3). The Watch Commander shall determine whether a report should

be filed by the employee.

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Officers should cooperate fully with the agency having jurisdiction in providing statements or

reports as requested or as appropriate.

Policy

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Department Use of Social Media

338.1 PURPOSE AND SCOPE

This policy provides guidelines to ensure that any use of social media on behalf of the Department

is consistent with the department mission.

This policy does not address all aspects of social media use. Specifically, it does not address:

•

Personal use of social media by department members (see the Employee Speech,

Expression and Social Networking Policy).

•

Use of social media in personnel processes (see the Recruitment and Selection

Policy).

•

Use of social media as part of a criminal investigation, other than disseminating

information to the public on behalf of this department (see the Investigation and

Prosecution Policy).

338.1.1 DEFINITIONS

Definitions related to this policy include:

Social media - Any of a wide array of internet-based tools and platforms that allow for the sharing

of information, such as the department website or social networking services.

338.2 POLICY

The West Jordan Police Department may use social media as a method of effectively informing

the public about department services, issues, investigations and other relevant events.

Department members shall ensure that the use or access of social media is done in a manner

that protects the constitutional rights of all.

338.3 AUTHORIZED USERS

Only members authorized by the Chief of Police or the authorized designee may utilize social

media on behalf of the Department. Authorized members shall use only department-approved

equipment during the normal course of duties to post and monitor department-related social media,

unless they are specifically authorized to do otherwise by their supervisors.

The Chief of Police may develop specific guidelines identifying the type of content that may be

posted. Any content that does not strictly conform to the guidelines should be approved by a

supervisor prior to posting.

Requests to post information over department social media by members who are not authorized

to post should be made through the member’s chain of command.

338.4 AUTHORIZED CONTENT

Only content that is appropriate for public release, that supports the department mission and

conforms to all department policies regarding the release of information may be posted.

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Examples of appropriate content include:

(a) Announcements.

(b) Tips and information related to crime prevention.

(d) Requests that ask the community to engage in projects that are relevant to the

department mission.

(e) Real-time safety information that is related to in-progress crimes, geographical

warnings or disaster information.

(f) Traffic information.

(g) Press releases.

(h) Recruitment of personnel.

338.4.1 INCIDENT-SPECIFIC USE

In instances of active incidents where speed, accuracy and frequent updates are paramount

(e.g., crime alerts, public safety information, traffic issues), the Public Information Officer or the

authorized designee will be responsible for the compilation of information to be released, subject

to the approval of the Incident Commander.

338.5 PROHIBITED CONTENT

Content that is prohibited from posting includes but is not limited to:

(a) Content that is abusive, discriminatory, inflammatory, or sexually explicit.

(b) Any information that violates individual rights, including confidentiality and/or privacy

rights and those provided under state, federal, or local laws.

(d) Any information that could tend to compromise or damage the mission, function,

reputation, or professionalism of the West Jordan Police Department or its members.

(e) Any information that could compromise the safety and security of department

operations, members of the Department, victims, suspects, or the public.

(f) Any content posted for personal use.

(g) Any content that has not been properly authorized by this policy, or a supervisor.

(h) Personal information of an officer, or the officer's immediate family member.

1. The Chief of Police or the authorized designee shall provide the officer with a

form to request that the information remain private (Utah Code 53-18-102; Utah

Code 53-18-103).

Any member who becomes aware of content on this department’s social media site that he/she

believes is unauthorized or inappropriate should promptly report such content to a supervisor. The

supervisor will ensure its removal from public view and investigate the cause of the entry.

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338.5.1 PUBLIC POSTING PROHIBITED

Department social media sites shall be designed and maintained to prevent posting of content

by the public.

The Department may provide a method for members of the public to contact department members

directly.

338.6 MONITORING CONTENT

The Chief of Police will appoint a supervisor to review, at least annually, the use of department

social media and report back on, at a minimum, the resources being used, the effectiveness of

the content, any unauthorized or inappropriate content and the resolution of any issues.

338.7 RETENTION OF RECORDS

The Administration Division Chief should work with the Custodian of Records to establish a method

of ensuring that public records generated in the process of social media use are retained in

accordance with established records retention schedules.

338.8 TRAINING

Authorized members should receive training that, at a minimum, addresses legal issues

concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination

and retention of information posted on department sites.

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Native American Graves Protection and

Repatriation

339.1 PURPOSE AND SCOPE

This policy is intended ensure the protection and security of ancient or historic grave sites,

including notification of personnel responsible for cultural items, in compliance with the Native

American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.).

339.1.1 DEFINITIONS

Definitions related to this policy include (43 CFR 10.2):

Funerary objects and associated funerary objects - Objects that, as part of the death rite or

ceremony of a culture, are reasonably believed to have been placed intentionally at the time of

death or later with or near individual human remains, or that were made exclusively for burial

purposes or to contain human remains.

Native American human remains - The physical remains of the body of a person of Native

American ancestry.

Objects of cultural patrimony - Objects having ongoing historical, traditional or cultural

importance that is central to the Native American group or culture itself and therefore cannot be

appropriated or conveyed by any individual, including members of the Native American group or

Native Hawaiian organization. Such objects must have been considered inalienable by the Native

American group at the time the object was separated from the group.

Sacred objects - Specific ceremonial objects needed by traditional Native American religious

leaders for the practice of traditional Native American religions.

339.2 POLICY

It is the policy of the West Jordan Police Department that the protection of Native American

human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural

patrimony is the responsibility of all members. Such protection includes minimizing destruction,

contamination, inadvertent disruption or complicated custody transfer processes.

339.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND

REPATRIATION ACT

Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave,

human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural

patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner

as a crime scene. All activity at the scene other than scene preservation activity must cease (43

CFR 10.4).

No photography or video recording may be permitted by the media or any group or individual who

may wish to exhibit the remains.

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Without delay, the appropriate agency or group shall be notified to respond and take control of

the scene. These include the following (43 CFR 10.4):

•

Federal land - Appropriate agency at the U.S. Department of the Interior or U.S.

Department of Agriculture

•

State land/Private land - Antiquities Section of the Utah Division of State History (Utah

Code 9-8-304 et seq.)

•

Tribal land - Responsible Indian tribal official

339.4 EVIDENCE AND PROPERTY

If the location has been investigated as a possible homicide scene prior to identification as a

NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure

the proper transfer and repatriation of any material collected. Members shall ensure that any

remains or artifacts located at the site are expediently processed (43 CFR 10.6).

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Community Relations

340.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for community relationship-building.

Additional guidance on community relations and outreach is provided in other policies, including

the:

•

Hate Crimes Policy.

•

Limited English Proficiency Services Policy.

•

Communications with Persons with Disabilities Policy.

•

Chaplains Policy.

•

Patrol Function Policy.

•

Suspicious Activity Reporting Policy.

340.2 POLICY

It is the policy of the West Jordan Police Department to promote positive relationships between

department members and the community by treating community members with dignity and respect

and engaging them in public safety strategy development and relationship-building activities, and

by making relevant policy and operations information available to the community in a transparent

manner.

340.3 MEMBER RESPONSIBILITIES

Officers should, as time and circumstances reasonably permit:

(a) Make casual and consensual contacts with community members to promote positive

community relationships (see the Detentions and Photographing Detainees Policy).

(b) Become reasonably familiar with the schools, businesses and community groups in

their assigned jurisdictional areas.

to identify issues and solve problems related to community relations and public safety.

(d) Conduct periodic foot patrols of their assigned areas to facilitate interaction with

community members. Officers carrying out foot patrols should notify an appropriate

supervisor and Dispatch of their status (i.e., on foot patrol) and location before

beginning and upon completion of the foot patrol. They should also periodically

inform Dispatch of their location and status during the foot patrol.

340.4 COMMUNITY RELATIONS COORDINATOR

The Chief of Police or the authorized designee should designate a member of the Department to

serve as the community relations coordinator. He/she should report directly to the Chief of Police

or the authorized designee and is responsible for:

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(a) Obtaining department-approved training related to his/her responsibilities.

(b) Responding to requests from department members and the community for assistance

in identifying issues and solving problems related to community relations and public

safety.

community.

(d) Working with community groups, department members and other community

resources to:

1. Identify and solve public safety problems within the community.

2. Organize programs and activities that help build positive relationships between

department members and the community and provide community members with

an improved understanding of department operations.

(e) Working with the Patrol Division Chief to develop patrol deployment plans that

allow officers the time to participate in community engagement and problem-solving

activities.

(f) Recognizing department and community members for exceptional work or

performance in community relations efforts.

(g) Attending City council and other community meetings to obtain information on

community relations needs.

(h) Assisting with the department’s response to events that may affect community

relations, such as an incident where the conduct of a department member is called

into public question.

(i) Informing the Chief of Police and others of developments and needs related to the

furtherance of the department’s community relations goals, as appropriate.

340.5 SURVEYS

The community relations coordinator should arrange for a survey of community members and

department members to be conducted at least annually to assess the condition of the relationship

between the Department and the community. Survey questions should be designed to evaluate

perceptions of the following:

(a) Overall performance of the Department

(b) Overall competence of department members

(d) Level of community trust in the Department

(e) Safety, security or other concerns

A written summary of the compiled results of the survey should be provided to the Chief of Police.

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340.6 COMMUNITY AND YOUTH ACTIVITIES AND PROGRAMS

The community relations coordinator should organize or assist with programs and activities that

create opportunities for department members and community members, especially youths, to

interact in a positive setting. Examples of such programs and events include:

(a) Department-sponsored athletic programs (e.g., baseball, basketball, soccer, bowling).

(b) Police-community get-togethers (e.g., cookouts, meals, charity events).

(d) School resource officer/Drug Abuse Resistance Education (D.A.R.E.®) programs.

(e) Neighborhood watches and crime prevention programs.

340.7 INFORMATION SHARING

The community relations coordinator should work with the Public Information Officer to develop

methods and procedures for the convenient sharing of information (e.g., major incident

notifications, significant changes in department operations, comments, feedback, positive events)

between the Department and community members. Examples of information-sharing methods

include:

(a) Community meetings.

(b) Social media (see the Department Use of Social Media Policy).

Information should be regularly refreshed, to inform and engage community members

continuously.

340.8 LAW ENFORCEMENT OPERATIONS EDUCATION

The community relations coordinator should develop methods to educate community members

on general law enforcement operations so they may understand the work that officers do to keep

the community safe. Examples of educational methods include:

(a) Development and distribution of informational cards/flyers.

(b) Department website postings.

(d) Instruction in schools.

(e) Department ride-alongs (see the Ride-Along Program Policy).

(f) Scenario/Simulation exercises with community member participation.

(g) Youth internships at the department.

(h) Citizen academies.

Instructional information should include direction on how community members should interact with

the police during enforcement or investigative contacts and how community members can make

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a complaint to the department regarding alleged misconduct or inappropriate job performance by

department members.

340.9 SAFETY AND OTHER CONSIDERATIONS

Department members responsible for community relations activities should consider the safety of

the community participants and, as much as reasonably practicable, not allow them to be present

in any location or situation that would jeopardize their safety.

Department members in charge of community relations events should ensure that participating

community members have completed waiver forms before participation, if appropriate. A parent or

guardian must complete the waiver form if the participating community member has not reached

18 years of age.

Community members are subject to a criminal history check before approval for participation in

certain activities, such as citizen academies.

340.10 COMMUNITY ADVISORY COMMITTEE

The Chief of Police should establish a committee of volunteers consisting of community members,

community leaders and other community stakeholders (e.g., representatives from schools,

churches, businesses, social service organizations). The makeup of the committee should reflect

the demographics of the community as much as practicable.

The committee should convene regularly to:

(a) Provide a public forum for gathering information about public safety concerns in the

community.

(b) Work with the Department to develop strategies to solve public safety problems.

community.

(d) Participate in community outreach to solicit input from community members, including

youths from the community.

The Training Sergeant should arrange for initial and ongoing training for committee members on

topics relevant to their responsibilities.

The Chief of Police may include the committee in the evaluation and development of department

policies and procedures and may ask them to review certain personnel complaints for the purpose

of providing recommendations regarding supervisory, training or other issues as appropriate.

340.10.1 LEGAL CONSIDERATIONS

The Chief of Police and the community relations coordinator should work with the City Attorney as

appropriate to ensure the committee complies with any legal requirements such as public notices,

records maintenance and any other associated obligations or procedures.

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340.11 TRANSPARENCY

The Department should periodically publish statistical data and analysis regarding the

department’s operations. The reports should not contain the names of officers, suspects

or case numbers. The community relations coordinator should work with the community

advisory committee to identify information that may increase transparency regarding department

operations.

340.12 TRAINING

Subject to available resources, members should receive training related to this policy, including

training on topics such as:

(a) Effective social interaction and communication skills.

(b) Cultural, racial and ethnic diversity and relations.

(d) Community policing and problem-solving principles.

(e) Enforcement actions and their effects on community relations.

Where practicable and appropriate, community members, especially those with relevant expertise,

should be involved in the training to provide input from a community perspective.

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Chapter 4 - Patrol Operations

Policy

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Patrol Function

400.1 PURPOSE AND SCOPE

The purpose of this policy is to define the functions of the Patrol Division of the Department to

ensure intra-department cooperation and information sharing.

400.1.1 FUNCTION

Officers will generally patrol in clearly marked vehicles, patrol assigned jurisdictional areas of West

Jordan, respond to calls for assistance, act as a deterrent to crime, enforce state and local laws

and respond to emergencies 24 hours per day seven days per week.

Patrol will generally provide the following services within the limits of available resources:

(a) Patrol that is directed at the prevention of criminal acts, traffic violations and collisions,

the maintenance of public order, and the discovery of hazardous situations or

conditions.

(b) Crime prevention activities such as residential inspections, business inspections,

community presentations.

(d) Investigation of both criminal and non-criminal acts.

(e) The apprehension of criminal offenders.

(f) Community Oriented Policing and problem solving activities such as citizen assists

and individual citizen contacts of a positive nature.

(g) The sharing of information between the Patrol Division and other divisions within the

Department, as well as other outside governmental agencies.

(h) The application of resources to specific problems or situations within the community,

which may be improved or resolved by Community Oriented Policing and problem

solving strategies.

(i) Traffic direction and control.

400.1.2 TERRORISM

It is the goal of the West Jordan Police Department to make every reasonable effort to accurately

and appropriately gather and report any information that may relate to either foreign or domestic

terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to

be terrorism related and should document such incidents with a written report or Field Interview

(FI). The supervisor should ensure that all terrorism related reports and FIs are forwarded to the

Detective Bureau Supervisor in a timely fashion.

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400.2 PATROL INFORMATION SHARING PROCEDURES

The following guidelines are intended to develop and maintain intra-department cooperation and

information flow between the various divisions of the West Jordan Police Department.

400.2.1 CRIME REPORTS

A crime report may be completed by any patrol officer who receives criminal information. The

report will be processed and forwarded to the appropriate bureau for retention or follow-up

investigation.

400.2.2 PATROL BRIEFING

Patrol supervisors, detective sergeants and special unit sergeants are encouraged to share

information as much as possible. All supervisors and/or officers will be provided an opportunity to

share information at the daily patrol Briefing as time permits.

400.2.3 BULLETIN BOARDS

A bulletin board will be kept in the Briefing Room and the Detective Bureau for display of suspect

information, intelligence reports and photographs. New Departmental Directives will be made

available for patrol supervisors and will be discussed at Briefing and shift meetings. A copy of the

Departmental Directive will be placed on the Briefing Room clipboard.

400.3 CROWDS, EVENTS AND GATHERINGS

Officers may encounter gatherings of people, including but not limited to, civil demonstrations,

civic, social and business events, public displays, parades and sporting events. Officers should

monitor such events as time permits in an effort to keep the peace and protect the safety and rights

of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable

that such an event may require increased monitoring, contact or intervention.

Officers responding to an event or gathering that warrants law enforcement involvement should

carefully balance the speech and association rights of those present with applicable public safety

concerns before taking enforcement action. Officers are encouraged to contact organizers or

responsible persons to seek voluntary compliance that may address relevant public safety/order

concerns.

Officers should consider enforcement of applicable state and local laws, when the activity blocks

the entrance or egress of a facility or location and when voluntary compliance with the law is not

achieved.

Policy

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Bias-Based Policing

401.1 PURPOSE AND SCOPE

This policy provides guidance to department members that affirms the West Jordan Police

Department's commitment to policing that is fair and objective (Utah Code 10-3-913; Utah Code

17-22-2; Utah Code 53-1-108).

Nothing in this policy prohibits the use of specified characteristics in law enforcement activities

designed to strengthen the department’s relationship with its diverse communities (e.g., cultural

and ethnicity awareness training, youth programs, community group outreach and partnerships).

401.1.1 DEFINITIONS

Definitions related to this policy include:

Biased-based policing - An inappropriate reliance on actual or perceived characteristics

such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or

expression, economic status, age, cultural group, disability, or affiliation with any non-criminal

group (protected characteristics) as the basis for providing differing law enforcement service or

enforcement.

401.2 POLICY

The West Jordan Police Department is committed to providing law enforcement services to the

community with due regard for the racial, cultural or other differences of those served. It is the

policy of this department to provide law enforcement services and to enforce the law equally,

fairly, objectively and without discrimination toward any individual or group.

401.3 BIASED-BASED POLICING PROHIBITED

Bias-based policing is strictly prohibited.

However, nothing in this policy is intended to prohibit an officer from considering protected

characteristics in combination with credible, timely and distinct information connecting a person

or people of a specific characteristic to a specific unlawful incident, or to specific unlawful

incidents, specific criminal patterns or specific schemes.

401.4 MEMBER RESPONSIBILITIES

Every member of this department shall perform his/her duties in a fair and objective manner and

is responsible for promptly reporting any suspected or known instances of bias-based policing to

a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based

actions by another member.

401.4.1 REASON FOR CONTACT

Officers contacting a person shall be prepared to articulate sufficient reason for the contact,

independent of the protected characteristics of the individual.

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To the extent that written documentation would otherwise be completed (e.g., arrest report, Field

Interview (FI) card), the involved officer should include those facts giving rise to the contact, as

applicable.

Except for required data-collection forms or methods, nothing in this policy shall require any officer

to document a contact that would not otherwise require reporting.

401.5 SUPERVISOR RESPONSIBILITIES

Supervisors should monitor those individuals under their command for compliance with this policy

and shall handle any alleged or observed violation of this policy in accordance with the Personnel

Complaints Policy.

(a)

Supervisors should discuss any issues with the involved officer and his/her supervisor

in a timely manner.

1. Supervisor should document these discussions, in the prescribed manner.

(b)

Supervisors should periodically review Mobile Audio/Video (MAV) recordings, portable

audio/video recordings, Mobile Digital Terminal (MDT) data and any other available

resource used to document contact between officers and the public to ensure

compliance with this policy.

Supervisors should document these periodic reviews.

Recordings that capture a potential instance of bias-based policing should be

appropriately retained for administrative investigation purposes.

(c)

Supervisors shall initiate investigations of any actual or alleged violations of this policy.

(d)

Supervisors should take prompt and reasonable steps to address any retaliatory action

taken against any member of this department who discloses information concerning

bias-based policing.

401.6 TRAINING

Training on fair and objective policing and review of this policy should be conducted as directed

by the Training Sergeant.

Policy

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Briefing Training

402.1 PURPOSE AND SCOPE

Briefing training is generally conducted at the beginning of the officer’s assigned shift. Briefing

provides an opportunity for important exchange between employees and supervisors. A supervisor

generally will conduct Briefing; however officers may conduct Briefing for training purposes with

supervisor approval.

Briefing should accomplish, at a minimum, the following basic tasks:

(a) Briefing officers with information regarding daily patrol activity, with particular attention

given to unusual situations and changes in the status of wanted persons, stolen

vehicles and major investigations.

(b) Notifying officers of changes in schedules and assignments.

Directives.

(d) Reviewing recent incidents for training purposes.

(e) Providing training on a variety of subjects.

402.2 PREPARATION OF MATERIALS

The supervisor conducting Briefing is responsible for preparation of the materials necessary for a

constructive briefing. Supervisors may delegate this responsibility to a subordinate officer in his/

her absence or for training purposes.

402.3 RETENTION OF BRIEFING TRAINING RECORDS

Briefing training materials and a curriculum or summary shall be forwarded to the Training

Sergeant for inclusion in training records, as appropriate.

Policy

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Crime and Disaster Scene Integrity

403.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance in handling a major crime or disaster.

403.2 POLICY

It is the policy of the West Jordan Police Department to secure crime or disaster scenes so that

evidence is preserved, and to identify and mitigate the dangers associated with a major crime or

disaster scene for the safety of the community and those required to enter or work near the scene.

403.4 FIRST RESPONDER CONSIDERATIONS

The following list generally describes the first responder’s function at a crime or disaster scene.

This list is not intended to be all-inclusive, is not necessarily in order and may be altered according

to the demands of each situation:

(a) Broadcast emergency information, including requests for additional assistance and

resources.

(b) Provide for the general safety of those within the immediate area by mitigating,

reducing or eliminating threats or dangers.

the area.

(d) Provide first aid to injured parties if it can be done safely.

(e) Evacuate the location safely as required or appropriate.

(f) Secure the inner perimeter.

(g) Protect items of apparent evidentiary value.

(h) Secure an outer perimeter.

(i) Identify potential witnesses.

(j) Start a chronological log noting critical times and personnel allowed access.

403.5 SCENE RESPONSIBILITY

The first officer at the scene of a crime or major incident is generally responsible for the immediate

safety of the public and preservation of the scene. Officers shall also consider officer safety and

the safety of those persons entering or exiting the area, including those rendering medical aid to

any injured parties. Once an officer has assumed or been assigned to maintain the integrity and

security of the crime or disaster scene, the officer shall maintain the crime or disaster scene until

he/she is properly relieved by a supervisor or other designated person.

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403.6 SEARCHES

Officers arriving at crime or disaster scenes are often faced with the immediate need to search for

and render aid to victims, and to determine if suspects are present and continue to pose a threat.

Once officers are satisfied that no additional suspects are present and/or there are no injured

persons to be treated, those exigent circumstances will likely no longer exist. Officers should

thereafter secure the scene and conduct no further search until additional or alternate authority

for the search is obtained, such as consent or a search warrant.

403.6.1 CONSENT

When possible, officers should seek written consent to search from authorized individuals.

However, in the case of serious crimes or major investigations, it may be prudent to also obtain

a search warrant. Consent as an additional authorization may be sought, even in cases where a

search warrant has been granted.

403.6 EXECUTION OF HEALTH ORDERS

Any sworn member of the West Jordan Police Department may assist in enforcement of orders

of restriction issued by the Department of Health or local health authority for the purpose of

preventing the spread of any contagious, infectious or communicable disease (Utah Code 26-6b-3;

Utah Code 26-6b-3.2).

Policy

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Crisis Response Unit

404.1 PURPOSE AND SCOPE

The Crisis Response Unit (CRU) is comprised of two specialized teams: the Crisis Negotiation

Team (CNT) and the Special Weapons and Tactics Team (SWAT). The unit has been established

to provide specialized support in handling critical field operations where intense negotiations

and/or special tactical deployment methods beyond the capacity of field officers appear to be

necessary.

404.1.1 OPERATIONAL AND ADMINISTRATIVE STRUCTURE

The Policy Manual sections pertaining to the Crisis Response Unit are divided into Administrative

and Operational sections. Since situations that necessitate the need for such a police response

vary greatly from incident to incident and such events often demand on-the-scene evaluation, the

Operational Policy outlined in this manual section serves as a guideline to Department personnel

allowing for appropriate on scene decision making as required. The Administrative Procedures,

however, are more restrictive and few exceptions should be taken.

404.1.2 SWAT TEAM DEFINED

A SWAT team is a designated unit of law enforcement officers that is specifically trained and

equipped to work as a coordinated team to resolve critical incidents that are so hazardous,

complex or unusual that they may exceed the capabilities of first responders or investigative units.

These incidents include, but not limited to, hostage taking, barricaded suspects, snipers, terrorist

acts and other high-risk incidents. As a matter of Department policy, such a unit may also be used

to serve high-risk warrants, both search and arrest, where public and officer safety issues warrant

the use of such a unit.

404.2 LEVELS OF CAPABILITY/TRAINING

404.2.1 LEVEL I

A Level I SWAT team is a basic team capable of providing containment and intervention in critical

incidents that exceed the training and resources available to line-level officers. This does not

include ad hoc teams of officers that are formed around a specific mission, detail or incident (e.g.

active shooter response). Generally 5 percent of the basic team’s on-duty time should be devoted

to training.

404.2.2 LEVEL II

A Level II SWAT team is an intermediate level SWAT team capable of providing containment and

intervention. Additionally, these teams possess tactical capabilities above the Level I teams. These

teams may or may not work together on a daily basis, but are intended to respond to incidents as

a team. At least 5 percent of their on-duty time should be devoted to training with supplemental

training for tactical capabilities above the Level I team.

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404.2.3 LEVEL III

A Level III SWAT team is an advanced level team whose personnel function as a full-time unit.

Generally 25 percent of their on-duty time is devoted to training. Level III teams operate in

accordance with contemporary best practices. Such units possess both skills and equipment to

utilize tactics beyond the capabilities of Level I and Level II teams.

404.3 PROGRAM

It shall be the policy of the Department to maintain a SWAT team and to provide the equipment,

manpower and training necessary to maintain a SWAT team. The SWAT team should develop

sufficient resources to perform three basic operational functions:

(a)

Command and Control.

(b)

Containment.

(c)

Entry/Apprehension/Rescue.

It is understood that it is difficult to categorize specific capabilities for critical incidents. Training

needs may vary based on the experience level of the team personnel, team administrators

and potential incident commanders. Nothing in this policy shall prohibit individual teams

from responding to a situation that exceeds their training levels due to the exigency of the

circumstances. The preservation of innocent human life is paramount.

404.3.1 PROGRAM CONSIDERATIONS

An assessment should be conducted to determine the type and extent of SWAT missions

and operations appropriate to this department. The assessment should consider the team’s

capabilities and limitations and should be reviewed annually by the SWAT Commander or

designee.

404.3.2 ORGANIZATIONAL PROCEDURES

This department shall develop a separate written set of organizational procedures which should

address, at minimum, the following:

(a)

Locally identified specific missions the team is capable of performing.

(b)

Team organization and function.

(c)

Personnel selection and retention criteria.

(d)

Training and required competencies.

(e)

Procedures for activation and deployment.

(f)

Command and control issues, including a clearly defined command structure.

(g)

Multi-agency response.

(h)

Out-of-jurisdiction response.

(i)

Specialized functions and supporting resources.

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404.3.3 OPERATIONAL PROCEDURES

This Department shall develop a separate written set of operational procedures that are in

accordance with a SWAT team's level of capability, and that use sound risk reduction practices.

The operational procedures should be patterned after the National Tactical Officers Association

Suggested SWAT Best Practices. Because such procedures are specific to CRU members and

will outline tactical and officer safety issues, they are not included within this policy. The operational

procedures should include, at minimum, the following:

(a)

Designated personnel responsible for developing an operational or tactical plan prior

to, and/or during SWAT operations (time permitting).

All SWAT team members should have an understanding of operational planning.

SWAT team training should consider planning for both spontaneous and planned

events.

SWAT teams should incorporate medical emergency contingency planning as

part of the SWAT operational plan.

(b)

Plans for mission briefings conducted prior to an operation, unless circumstances

require immediate deployment.

When possible, briefings should include the specialized units and supporting

resources.

(c)

Protocols for a sustained operation, which may include relief, rotation of personnel

and augmentation of resources.

(d)

A generic checklist to be worked through prior to initiating a tactical action. This will

provide a means of conducting a threat assessment to determine the appropriate

response and resources necessary, including the use of SWAT.

(e)

The appropriate role for a trained negotiator.

(f)

A standard method of determining whether a warrant should be regarded as high-risk.

(g)

A method for deciding how best to serve a high-risk warrant with all reasonably

foreseeable alternatives being reviewed in accordance with risk/benefit criteria prior

to selecting the method of response.

(h)

Post-incident scene management including:

Documentation of the incident.

Transition to investigations and/or other units.

Debriefing after every deployment of the SWAT team.

(a)

After-action team debriefing provides evaluation and analysis of

critical incidents, and affords the opportunity for individual and team

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assessments. Debriefing also helps to identify training needs and

reinforces sound risk management practices.

(b)

Such debriefing should not be conducted until involved officers have

had the opportunity to individually complete necessary reports or provide

formal statements.

(c)

In order to maintain candor and a meaningful exchange, debriefing will

generally not be recorded.

(d)

When appropriate, debriefing should include specialized units and

resources.

(i)

Sound risk management analysis.

(j)

Standardization of equipment deployed.

404.4 TRAINING NEEDS ASSESSMENT

The SWAT/CRU Commander shall conduct an annual SWAT training needs assessment to

ensure that training is conducted within team capabilities and the Department Policy Manual.

404.4.1 INITIAL TRAINING

SWAT team operators and SWAT supervisors/team leaders should not be deployed until

successful completion of a Department-approved Basic SWAT Course or its equivalent.

(a) To avoid unnecessary or redundant training, previous training completed by members

may be considered equivalent when the hours and content (topics) meet or exceed

Department requirements.

404.4.2 UPDATED TRAINING

Appropriate team training for the specialized SWAT functions and other supporting resources

should be completed prior to full deployment of the team.

SWAT team operators and SWAT supervisors/team leaders should complete update or refresher

training as certified by POST, or its equivalent, every 24 months.

404.4.3 SUPERVISION AND MANAGEMENT TRAINING

Command and executive personnel are encouraged to attend training for managing the SWAT

function at the organizational level to ensure personnel who provide active oversight at the scene

of SWAT operations understand the purpose and capabilities of the teams.

Command personnel who may assume incident command responsibilities should attend SWAT or

Critical Incident Commander Course or its equivalent. SWAT command personnel should attend

a POST-certified SWAT Commander Course, Tactical Commander Course or its equivalent.

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404.4.4 SWAT ONGOING TRAINING

Training shall be coordinated by the CRU Commander. The CRU Commander may conduct

monthly training exercises that include a review and critique of personnel and their performance

in the exercise in addition to specialized training. Training shall consist of the following:

(a) Each SWAT member shall perform a physical fitness annualy. A minimum qualifying

score must be attained by each team member.

(b) Any SWAT team member failing to attain the minimum physical fitness qualification

score will be notified of the requirement to retest and attain a qualifying score within 30

days. The member required to qualify shall report to a team supervisor and complete

the entire physical fitness test. Failure to qualify after a second attempt may result in

dismissal from the team.

of approval on the test date, shall be responsible for reporting to a team supervisor

and taking the test within 30 days of their return to regular duty. Any member who fails

to arrange for and perform the physical fitness test within the 30-day period shall be

considered as having failed to attain a qualifying score for that test period.

(d) Biannually, each SWAT team member shall perform the mandatory SWAT handgun

qualification course. The qualification course shall consist of the SWAT Basic Drill for

the handgun. Failure to qualify will require that officer to seek remedial training from a

team Armorer approved by the CRU Commander. Team members who fail to qualify

must retest within 30 days. Failure to qualify within 30 days with or without remedial

training may result in dismissal from the team.

(e) Each SWAT team member shall complete the biannual SWAT qualification course

for any specialty weapon issued to, or used by, the team member during SWAT

operations. Failure to qualify will require the team member to seek remedial training

from the Armorer who has been approved by the CRU Commander. Team members

who fail to qualify on their specialty weapon may not utilize the specialty weapon on

SWAT operations until qualified. Team members who fail to qualify must retest within

30 days. Failure to qualify with specialty weapons within 30 days may result in the

team member being removed from the team or permanently disqualified from use of

that particular specialty weapon.

404.4.5 TRAINING SAFETY

Use of a designated safety officer should be considered for all tactical training.

404.4.6 SCENARIO-BASED TRAINING

SWAT teams should participate in scenario-based training that simulates the tactical operational

environment. Such training is an established method of improving performance during an actual

deployment.

404.4.7 TRAINING DOCUMENTATION

Individual and team training shall be documented and records maintained by the Training Unit.

Such documentation shall be maintained in each member's individual training file. A separate

agency SWAT training file shall be maintained with documentation and records of all team training.

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404.5 UNIFORMS, EQUIPMENT AND FIREARMS

404.5.1 UNIFORMS

SWAT teams from this agency should wear uniforms that clearly identify team members as law

enforcement officers. It is recognized that certain tactical conditions may require covert movement.

Attire may be selected appropriate to the specific mission.

404.5.2 EQUIPMENT

SWAT teams from this agency should be adequately equipped to meet the specific mission(s)

identified by the agency.

404.5.3 FIREARMS

Weapons and equipment used by SWAT, the specialized units and the supporting resources

should be agency-issued or approved, including any modifications, additions or attachments.

404.5.4 OPERATIONAL READINESS INSPECTIONS

The CRU Commander shall appoint a CRU supervisor to perform operational readiness

inspections of all unit equipment at least quarterly. The result of the inspection will be forwarded

to the CRU Commander in writing. The inspection will include personal equipment issued to

members of the unit, operational equipment maintained in the CRU facility and equipment

maintained or used in CRU vehicles.

404.6 MANAGEMENT/SUPERVISION OF CRISIS RESPONSE UNIT

The Commander of the CRU shall be selected by the Chief of Police upon recommendation of

Staff.

404.6.1 PRIMARY UNIT MANAGER

Under the direction of the Chief of Police, through an assigned Deputy Chief, the Crisis Response

Unit shall be managed by a lieutenant.

404.6.2 TEAM SUPERVISORS

The Negotiation Team and each Special Weapons and Tactics Team will be supervised by a

sergeant.

The team supervisors shall be selected by the Chief of Police upon specific recommendation by

Staff and the CRU Commander.

The following represent the supervisor responsibilities for the Crisis Response Unit.

(a)

The Negotiation Team supervisor's primary responsibility is to supervise the

operations of the Negotiation Team, which will include deployment, training, first line

participation and other duties as directed by the CRU Commander.

(b)

The SWAT supervisor's primary responsibility is to supervise the operations of the

SWAT Team, which will include deployment, training, first line participation and other

duties as directed by the CRU Commander.

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404.7 CRISIS NEGOTIATION TEAM ADMINISTRATIVE PROCEDURES

The Crisis Negotiation Team has been established to provide skilled verbal communicators who

may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects

have taken hostages, barricaded themselves or have suicidal tendencies.

The following procedures serve as directives for the administrative operation of the Crisis

Negotiation Team.

404.7.1 SELECTION OF PERSONNEL

Interested sworn personnel, who are off probation, shall submit a request to their appropriate

Division Chief. A copy will be forwarded to the CRU Commander and the Crisis Negotiation Team

Supervisor. Interested personnel shall be evaluated by the following criteria:

(a) Recognized competence and ability as evidenced by performance.

(b) Demonstrated good judgment and understanding of critical role of negotiator and

negotiation process.

(d) Special skills, training or appropriate education as it pertains to the assignment.

(e) Commitment to the unit, realizing that the assignment may necessitate unusual

working hours, conditions and training obligations.

The CRU Commander shall submit a list of successful applicants to Staff for final selection.

404.7.2 TRAINING OF NEGOTIATORS

Those officers selected as members of the Negotiation Team should attend the POST-certified

(or approved) Basic Negotiators Course prior to an actual crisis situation. Untrained officers may

be used in a support or training capacity. Additional training will be coordinated by the team

supervisor.

A minimum of one training day per quarter will be required to provide the opportunity for role

playing and situational training necessary to maintain proper skills. This will be coordinated by

the team supervisor.

Continual evaluation of a team member's performance and efficiency as it relates to the positive

operation of the unit shall be conducted by the team supervisor. Performance and efficiency levels,

established by the team supervisor, will be met and maintained by all team members. Any member

of the Negotiation Team who performs or functions at a level less than satisfactory shall be subject

to dismissal from the unit.

404.8 SWAT TEAM ADMINISTRATIVE PROCEDURES

The following procedures serve as directives for the administrative operation of the SWAT Team.

404.8.1 SELECTION OF PERSONNEL

Interested sworn personnel who are off probation shall submit a change of assignment request

to their appropriate Division Chief, a copy of which will be forwarded to the CRU Commander

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and other SWAT supervisors. Those qualifying applicants will then be invited to participate in the

testing process. The order of the tests will be given at the discretion of the CRU Commander.

The testing process will consist of an oral board, physical agility, SWAT basic handgun and team

evaluation.

(a) Oral board: The oral board will consist of personnel selected by the CRU Commander.

Applicants will be evaluated by the following criteria:

1. Recognized competence and ability as evidenced by performance.

2. Demonstrated good judgment and understanding of critical role of SWAT

member.

3. Special skills, training or appropriate education as it pertains to this assignment.

4. Commitment to the unit, realizing that the additional assignment may necessitate

unusual working hours, conditions and training obligations.

(b) Physical agility: The physical agility test is designed to determine the physical

capabilities of the applicant as they relate to performance of SWAT-related duties. The

test and scoring procedure will be established by the CRU Commander. A minimum

qualifying score shall be attained by the applicant to be considered for the position.

handgun. A minimum qualifying score of 90 percent must be attained to qualify.

(d) Team evaluation: Current team members will evaluate each candidate on his/her field

tactical skills, teamwork, ability to work under stress, communication skills, judgment

and any special skills that could benefit the team.

(e) A list of successful applicants shall be submitted to Staff, by the CRU Commander,

for final selection.

404.8.2 TEAM EVALUATION

Continual evaluation of a team member’s performance and efficiency as it relates to the positive

operation of the unit shall be conducted by the CRU Commander. The performance and efficiency

level, as established by the team supervisor, will be met and maintained by all SWAT Team

members. Any member of the SWAT Team who performs or functions at a level less than

satisfactory shall be subject to dismissal from the team.

404.9 OPERATION GUIDELINES FOR CRISIS RESPONSE UNIT

The following procedures serve as guidelines for the operational deployment of the Crisis

Response Unit. Generally, the SWAT Team and the Crisis Negotiation Team will be activated

together. It is recognized, however, that a tactical team may be used in a situation not requiring

the physical presence of the Crisis Negotiation Team, such as warrant service operations. This

shall be at the discretion of the CRU Commander.

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404.9.1 ON-SCENE DETERMINATION

The supervisor in charge at the scene of a particular event will assess whether the Crisis Response

Unit is to respond. Upon final determination by the Watch Commander, he/she will notify the CRU

Commander.

404.9.2 APPROPRIATE SITUATIONS FOR USE OF CRISIS RESPONSE UNIT

The following are examples of incidents which may result in the activation of the Crisis Response

Unit:

(a)

Barricaded suspects who refuse an order to surrender.

(b)

Incidents where hostages are taken.

(c)

Cases of suicide threats.

(d)

Arrests of dangerous persons.

(e)

Any situation that could enhance the ability to preserve life, maintain social order and

ensure the protection of property.

404.9.3 OUTSIDE AGENCY REQUESTS

Requests by field personnel for assistance from outside agency crisis units must be approved by

the Watch Commander. Deployment of the West Jordan Police Department Crisis Response Unit

in response to requests by other agencies must be authorized by a Division Chief.

404.9.4 MULTI-JURISDICTIONAL SWAT OPERATIONS

The SWAT team, including relevant specialized units and supporting resources, should develop

protocols, agreements, MOUs, or working relationships to support multi-jurisdictional or regional

responses.

(a)

If it is anticipated that multi-jurisdictional SWAT operations will regularly be conducted;

SWAT multi-agency and multi-disciplinary joint training exercises are encouraged.

(b)

Members of the West Jordan Police Department SWAT team shall operate under

the policies, procedures and command of the West Jordan Police Department when

working in a multi-agency situation.

404.9.5 MOBILIZATION OF CRISIS RESPONSE UNIT

The on-scene supervisor shall make a request to the Watch Commander for the Crisis

Response Unit. The Watch Commander shall then notify the CRU Commander. If unavailable,

a team supervisor shall be notified. A current mobilization list shall be maintained by the CRU

Commander. The Watch Commander will then notify the Patrol Division Chief as soon as practical.

The Watch Commander should advise the CRU Commander with as much of the following

information which is available at the time:

(a) The number of suspects, known weapons and resources.

(b) If the suspect is in control of hostages.

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(d) The type of crime involved.

(e) If the suspect has threatened or attempted suicide.

(f) The location of the command post and a safe approach to it.

(g) The extent of any perimeter and the number of officers involved.

(h) Any other important facts critical to the immediate situation and whether the suspect

has refused an order to surrender.

The CRU Commander or supervisor shall then call selected officers to respond.

404.9.6 FIELD UNIT RESPONSIBILITIES

While waiting for the Crisis Response Unit, field personnel should, if safe, practicable and sufficient

resources exist:

(a)

Establish an inner and outer perimeter.

(b)

Establish a command post outside of the inner perimeter.

(c)

Establish an arrest/response team. The team actions may include:

1. Securing any subject or suspect who may surrender.

2. Taking action to mitigate a deadly threat or behavior.

(d)

Evacuate any injured persons or citizens in the zone of danger.

(e)

Attempt to establish preliminary communication with the suspect. Once the CRU has

arrived, all negotiations should generally be halted to allow the negotiators and SWAT

time to set up.

(f)

Be prepared to brief the CRU Commander on the situation.

(g)

Plan for, and stage, anticipated resources.

404.9.7 ON-SCENE COMMAND RESPONSIBILITIES

Upon arrival of the Crisis Response Unit at the scene, the Incident Commander shall brief the

CRU Commander and team supervisors about the situation. Upon review, it will be the Incident

Commander's decision, with input from the CRU Commander, whether to deploy the Crisis

Response Unit. Once the Incident Commander authorizes deployment, the CRU Commander will

be responsible for the tactical portion of the operation. The Incident Commander shall continue

supervision of the command post operation, outer perimeter security, and support for the Crisis

Response Unit. The Incident Commander and the CRU Commander or designee shall maintain

communications at all times.

404.9.8 COMMUNICATION WITH CRISIS RESPONSE UNIT PERSONNEL

All of those persons who are non-Crisis Response Unit personnel should refrain from any

non-emergency contact or interference with any member of the unit during active negotiations.

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Operations require the utmost in concentration by involved personnel and, as a result, no

one should interrupt or communicate with Crisis Team personnel directly. All non-emergency

communications shall be channeled through the Negotiation Team Sergeant or designee.

Policy

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Ride-Along Program

405.1 PURPOSE AND SCOPE

The Ride-Along Program provides an opportunity for citizens to experience the law enforcement

function firsthand. This policy provides the requirements, approval process and hours of operation

for the Ride-Along Program.

405.1.1 ELIGIBILITY

The West Jordan Police Department Ride-Along Program is offered to residents, students and

those employed within the City. Every attempt will be made to accommodate interested persons,

however, any applicant may be disqualified without cause.

The following factors may be considered in disqualifying an applicant and are not limited to:

• Being under 15-years of age

• Prior criminal history

• Pending criminal action

• Pending lawsuit against the Department

• Denial by any supervisor

405.1.2 AVAILABILITY

The Ride-Along Program is available on most days of the week, with certain exceptions. The

ride-along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as

approved by the Chief of Police, Division Chief or Watch Commander.

405.2 PROCEDURE TO REQUEST A RIDE-ALONG

Generally, ride-along requests will be scheduled by the records personnel. The participant will

complete a Ride-Along Waiver Form. Information requested will include a valid ID or Utah driver’s

license, address and telephone number. If the participant is under 18-years of age, a parent/

guardian must be present to complete the Ride-Along Waiver Form.

The records personnel will schedule a date, based on availability, at least one week after the date

of application. If approved, a copy will be forwarded to the respective Watch Commander as soon

as possible for his/her scheduling considerations.

If the ride-along is denied after the request has been made, a representative of the Department

will contact the applicant and advise of the denial.

405.2.1 PROGRAM REQUIREMENTS

Once approved, civilian ride-alongs will be allowed to ride no more than once every six months.

An exception would apply to the following: Cadets, Explorers, RSVP, Chaplains, Reserves, police

applicants and all others with approval of the Watch Commander.

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An effort will be made to ensure that no more than one citizen will participate in a ride-along during

any given time period. Normally, no more than one ride-along will be allowed in the officer's vehicle

at a given time.

Ride-along requirements for police cadets are covered in the Police Cadet Program Policy.

405.2.2 SUITABLE ATTIRE

Any person approved to ride-along is required to be suitably dressed in collared shirt, blouse or

jacket, slacks and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are

not permitted. Hats and ball caps will not be worn in the police vehicle. The Watch Commander

or field supervisor may refuse a ride along to anyone not properly dressed.

405.2.3 PEACE OFFICER RIDE-ALONGS

Off-duty members of the Department or any other law enforcement agency will not be permitted

to ride-along with on-duty officers without the expressed consent of the Watch Commander. In

the event that such a ride-along is permitted, the off-duty employee shall not be considered on-

duty and shall not represent themselves as a peace officer or participate in any law enforcement

activity except as emergency circumstances may require.

405.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK

All ride-along applicants are subject to a criminal history check. The criminal history check

may include a local records check and a state records check through the Bureau of Criminal

Investigation (BCI) prior to their approval as a ride-along with a law enforcement officer, provided

that the ride-along is not an employee of the West Jordan Police Department.

405.3 OFFICER’S RESPONSIBILITY

The officer shall advise the dispatcher that a ride-along is present in the vehicle before going into

service. Officers shall consider the safety of the ride-along at all times. Officers should use sound

discretion when encountering a potentially dangerous situation, and if feasible, let the participant

out of the vehicle in a well-lighted place of safety. The dispatcher will be advised of the situation

and as soon as practical have another police vehicle respond to pick up the participant at that

location. The ride-along may be continued or terminated at this time.

The records personnel is responsible for maintaining and scheduling ride-alongs. Upon completion

of the ride-along, the Ride-Along Waiver Form shall be returned to the records personnel with any

comments which may be offered by the officer.

405.4 CONTROL OF RIDE-ALONG

The assigned employee shall maintain control over the ride-along at all times and instruct him/her

in the conditions that necessarily limit their participation. These instructions should include:

(a) The ride-along will follow the directions of the officer.

(b) The ride-along will not become involved in any investigation, handling of evidence,

discussions with victims or suspects or handling any police equipment.

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performance of the officer's duties, the officer may terminate the ride-along and return

the observer to his/her home or to the station.

(d) Ride-alongs may be allowed to continue riding during the transportation and booking

process provided this does not jeopardize their safety.

(e) Officers will not allow any ride-alongs to be present in any residence or situation that

would jeopardize their safety or cause undue stress or embarrassment to a victim or

any other citizen.

(f) Under no circumstance shall a civilian ride-along be permitted to enter a private

residence with an officer without the expressed consent of the resident or other

authorized person.

Policy

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Hazardous Material Response

406.1 PURPOSE AND SCOPE

Exposure to hazardous materials presents potential harm to department members and the public.

This policy outlines the responsibilities of members who respond to these events and the factors

that should be considered while on-scene, including the reporting of exposures and supervisor

responsibilities.

406.1.1 DEFINITIONS

Definitions related to this policy include:

Hazardous material - A substance which by its nature, containment and reactivity, has the

capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable,

reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly

managed.

406.2 POLICY

It is the policy of the West Jordan Police Department to respond to hazardous material

emergencies with due regard for the safety of the public and those members responding to such

incidents.

406.3 HAZARDOUS MATERIAL RESPONSE

Members may encounter situations involving suspected hazardous materials, such as at the scene

of a traffic collision, chemical spill, or fire. When members come into contact with a suspected

hazardous material, they should take certain steps to protect themselves and other persons.

The fire department is the agency trained and equipped to properly respond to and mitigate most

incidents involving hazardous materials and biohazards.

Responders should not perform tasks or use equipment without proper training. A responder

entering the area may require decontamination before he/she is allowed to leave the scene, and

should be evaluated by appropriate technicians and emergency medical services personnel for

signs of exposure.

406.4 CONSIDERATIONS

The following steps should be considered at any scene involving suspected hazardous materials:

(a) Make the initial assessment of a potentially hazardous material from a safe distance.

(b) Notify Dispatch, appropriate supervisors, the appropriate fire department and

hazardous response units.

1. Provide weather conditions, wind direction, a suggested safe approach route

and any other information pertinent to responder safety.

material can be inhaled.

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(d) Remain upwind, uphill and at a safe distance, maintaining awareness of weather and

environmental conditions, until the material is identified and a process for handling

has been determined.

(e) Attempt to identify the type of hazardous material from a safe distance using optical

aids (binoculars or spotting scopes) if they are available. Identification can be

determined by:

(a) Placards or use of an emergency response guidebook.

(b) Driver’s statements or shipping documents from the person transporting the

material.

hazardous material. Information should include:

(a) The type of material.

(b) How to secure and contain the material.

and the environment.

(f) Provide first aid to injured parties if it can be done safely and without contamination.

(g) Make reasonable efforts to secure the scene to prevent access from unauthorized

individuals and to protect and identify any evidence.

(h) Begin evacuation of the immediate and surrounding areas, dependent on the material.

Voluntary evacuation should be considered; mandatory evacuation may be necessary

and will depend on the type of material.

(i) Establish a decontamination area when needed.

(j) Activate automated community notification systems, if applicable.

(k) Notify the Utah Department of Environmental Quality, Division of Waste Management

and Radiation Control.

406.5 REPORTING EXPOSURE

Department members who believe they have been exposed to a hazardous material shall

immediately report the exposure to a supervisor. Each exposure shall be documented by the

member in an incident report that shall be forwarded via chain of command to the Watch

Commander as soon as practicable. Should the affected member be unable to document the

exposure for any reason, it shall be the responsibility of the notified supervisor to complete the

report.

Injury or illness caused or believed to be caused from exposure to hazardous materials shall be

reported the same as any other on-duty injury or illness, in addition to a crime report or incident

report as applicable.

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406.5.1 SUPERVISOR RESPONSIBILITIES

When a supervisor has been informed that a member has been exposed to a hazardous material,

he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken

to mitigate the exposure or continued exposure.

To ensure the safety of members, PPE is available from supervisors. PPE not maintained by this

department may be available through the appropriate fire department or emergency response

team.

Policy

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Hostage and Barricade Incidents

407.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for situations where officers have legal cause

to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of

the officers by remaining in a structure or vehicle and/or by taking a hostage.

The scope of this policy is not intended to address all variables that officers encounter during

their initial response or when a hostage or barricade situation has developed. This policy does

not require or purport to recommend specific strategies or tactics for resolution as each incident

is a dynamic and rapidly evolving event.

407.1.1 DEFINITIONS

Definitions related to this policy include:

Barricade situation - An incident where a person maintains a position of cover or concealment

and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is

armed with a dangerous or deadly weapon.

Hostage situation - An incident where it is reasonable to believe a person is unlawfully held by

a hostage-taker as security so that specified terms or conditions will be met.

407.2 POLICY

It is the policy of the West Jordan Police Department to address hostage and barricade situations

with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe

release of hostages, apprehending offenders and securing available evidence.

407.3 COMMUNICATION

When circumstances permit, initial responding officers should try to establish and maintain lines

of communication with a barricaded person or hostage-taker. Officers should attempt to identify

any additional subjects, inquire about victims and injuries, seek the release of hostages, gather

intelligence information, identify time-sensitive demands or conditions and obtain the suspect’s

surrender.

When available, department-authorized negotiators should respond to the scene as soon as

practicable and assume communication responsibilities. Negotiators are permitted to exercise

flexibility in each situation based upon their training, the circumstances presented, suspect actions

or demands and the available resources.

407.3.1 EMERGENCY COMMUNICATIONS

Should circumstances at the scene permit, a supervisor or negotiator may contact the Attorney

General or the District Attorney for approval to intercept any wire, electronic or oral communication

and/or to use an eavesdropping device (e.g., camera or audio device) when there is an immediate

threat of death or serious bodily injury to any person or to national security. The supervisor or

negotiator who has been granted approval shall ensure that an application for an appropriate court

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order approving the interception is sought within 48 hours after the interception begins (Utah Code

77-23a-10(7)).

407.4 FIRST RESPONDER CONSIDERATIONS

First responding officers should promptly and carefully evaluate all available information to

determine whether an incident involves, or may later develop into, a hostage or barricade situation.

The first responding officer should immediately request a supervisor’s response as soon as it is

determined that a hostage or barricade situation exists. The first responding officer shall assume

the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer

shall continually evaluate the situation, including the level of risk to officers, to the persons involved

and to bystanders, and the resources currently available.

The handling officer should brief the arriving supervisor of the incident, including information about

suspects and victims, the extent of any injuries, additional resources or equipment that may be

needed, and current perimeters and evacuation areas.

407.4.1 BARRICADE SITUATION

Unless circumstances require otherwise, officers handling a barricade situation should attempt to

avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining

lines of communication while awaiting the arrival of specialized personnel and trained negotiators.

During the interim the following options, while not all-inclusive or in any particular order, should

be considered:

(a) Ensure injured persons are evacuated from the immediate threat area if it is reasonably

safe to do so. Request medical assistance.

(b) Assign personnel to a contact team to control the subject should he/she attempt to

exit the building, structure or vehicle, and attack, use deadly force, attempt to escape

or surrender prior to additional resources arriving.

air support).

(d) Provide responding emergency personnel with a safe arrival route to the location.

(e) Evacuate non-injured persons in the immediate threat area if it is reasonably safe to

do so.

(f) Attempt or obtain a line of communication and gather as much information on the

subject as possible, including weapons, other involved parties, additional hazards or

injuries.

(g) Establish an inner and outer perimeter as circumstances require and resources permit

to prevent unauthorized access.

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(h) Evacuate bystanders, residents and businesses within the inner and then outer

perimeter as appropriate. Check for injuries, the presence of other involved subjects,

witnesses, evidence or additional information.

(i) Determine the need for and notify the appropriate persons within and outside the

Department, such as command officers and the Public Information Officer.

(j) If necessary and available, establish a tactical or exclusive radio frequency for the

incident.

(k) Establish a command post.

407.4.2 HOSTAGE SITUATION

Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor

of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage

negotiators. However, it is understood that hostage situations are dynamic and can require that

officers react quickly to developing or changing threats. The following options while not all-inclusive

or in any particular order, should be considered:

(a)

Ensure injured persons are evacuated from the immediate threat area if it is reasonably

safe to do so. Request medical assistance.

(b)

Assign personnel to a contact team to control the subject should he/she attempt to

exit the building, structure or vehicle, and attack, use deadly force, attempt to escape

or surrender prior to additional resources arriving.

(c)

Establish a rapid response team in the event it becomes necessary to rapidly enter a

building, structure or vehicle, such as when the suspect is using deadly force against

any hostages (see the Rapid Response and Deployment Policy).

(d)

Assist hostages or potential hostages to escape if it is reasonably safe to do so.

Hostages should be kept separated if practicable pending further interview.

(e)

Request additional personnel, resources and equipment as needed (e.g., canine team,

air support).

(f)

Provide responding emergency personnel with a safe arrival route to the location.

(g)

Evacuate non-injured persons in the immediate threat area if it is reasonably safe to

do so.

(h)

Coordinate pursuit or surveillance vehicles and control of travel routes.

(i)

Attempt or obtain a line of communication and gather as much information about

the suspect as possible, including any weapons, victims and their injuries, additional

hazards, other involved parties and any other relevant intelligence information.

(j)

Establish an inner and outer perimeter as resources and circumstances permit to

prevent unauthorized access.

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(k)

Evacuate bystanders, residents and businesses within the inner and then outer

perimeter as appropriate. Check for injuries, the presence of other involved subjects,

witnesses, evidence or additional information.

(l)

Determine the need for and notify the appropriate persons within and outside the

Department, such as command officers and the Public Information Officer (PIO).

(m)

If necessary and available, establish a tactical or exclusive radio frequency for the

incident.

407.5 SUPERVISOR RESPONSIBILITIES

Upon being notified that a hostage or barricade situation exists, the supervisor should immediately

respond to the scene, assess the risk level of the situation, establish a proper chain of command

and assume the role of Incident Commander until properly relieved. This includes requesting a

Crisis Response Unit (CRU) response if appropriate and apprising the CRU Commander of the

circumstances. In addition, the following options, listed here in no particular order, should be

considered:

(a)

Ensure injured persons are evacuated and treated by medical personnel.

(b)

Ensure the completion of necessary first responder responsibilities or assignments.

(c)

Request crisis negotiators, specialized units, additional personnel, resources or

equipment as appropriate.

(d)

Establish a command post location as resources and circumstances permit.

(e)

Designate assistants who can help with intelligence information and documentation

of the incident.

(f)

If it is practicable to do so, arrange for video documentation of the operation.

(g)

Consider contacting utility and communication providers when restricting such

services (e.g., restricting electric power, gas, telephone service).

(h)

Ensure adequate law enforcement coverage for the remainder of the City during the

incident. The supervisor should direct non-essential personnel away from the scene

unless they have been summoned by the supervisor or Dispatch.

(i)

Identify a media staging area outside the outer perimeter and have the

department PIO or a designated temporary media representative provide media

access in accordance with the Media Relations Policy.

(j)

Identify the need for mutual aid and the transition or relief of personnel for incidents

of extended duration.

(k)

Debrief personnel and review documentation as appropriate.

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407.6 CRISIS RESPONSE UNIT RESPONSIBILITIES

It will be the Incident Commander’s decision, with input from the CRU Commander, whether to

deploy the CRU during a hostage or barricade situation. Once the Incident Commander authorizes

deployment, the CRU Commander or the authorized designee will be responsible for the tactical

portion of the operation. The Incident Commander shall continue supervision of the command

post operation, outer perimeter security and evacuation, media access and support for the CRU.

The Incident Commander and the CRU Commander or the authorized designee shall maintain

communications at all times.

407.7 REPORTING

Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the

scene is responsible for completion and/or coordination of incident reports.

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Response to Bomb Calls

408.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines to assist members of the West Jordan Police

Department in their initial response to incidents involving explosives, explosive devices, explosion/

bombing incidents or threats of such incidents. Under no circumstances should these guidelines

be interpreted as compromising the safety of first responders or the public. When confronted with

an incident involving explosives, safety should always be the primary consideration.

408.2 POLICY

It is the policy of the West Jordan Police Department to place a higher priority on the safety of

persons and the public over damage or destruction to public or private property.

408.4 RECEIPT OF BOMB THREAT

Department members receiving a bomb threat should obtain as much information from the

individual as reasonably possible, including the type, placement and alleged detonation time of

the device.

If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that

the recording is preserved in accordance with established department evidence procedures.

The member receiving the bomb threat should ensure that the Watch Commander is immediately

advised and informed of the details. This will enable the Watch Commander to ensure that the

appropriate personnel are dispatched and, as appropriate, the threatened location is given an

advance warning.

408.5 GOVERNMENT FACILITY OR PROPERTY

A bomb threat targeting a government facility may require a different response based on the

government agency.

408.5.1 WEST JORDAN POLICE DEPARTMENT FACILITY

If the bomb threat is against the West Jordan Police Department facility, the Watch Commander

will direct and assign officers as required for coordinating a general building search or evacuation

of the police department, as he/she deems appropriate.

408.5.2 FEDERAL BUILDING OR PROPERTY

If the bomb threat is against a federal building or property, the Federal Protective Service should

be immediately notified. The Federal Protective Service provides a uniformed law enforcement

response for most facilities, which may include use of its Explosive Detector Dog teams.

If the bomb threat is against a federal government property where the Federal Protective Service

is unable to provide a timely response, the appropriate facility’s security or command staff should

be notified.

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Bomb threats against a military installation should be reported to the military police or other military

security responsible for the installation.

408.5.3 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY

If the bomb threat is against a county or municipal facility within the jurisdiction of the West Jordan

Police Department that is not the property of this department, the appropriate agency will be

promptly informed of the threat. Assistance to the other entity may be provided as the Watch

Commander deems appropriate.

408.7 EXPLOSION/BOMBING INCIDENTS

When an explosion has occurred, there are multitudes of considerations which may confront the

responding officers. As in other catastrophic events, a rapid response may help to minimize injury

to victims, minimize contamination of the scene by gathering crowds, or minimize any additional

damage from fires or unstable structures.

408.7.1 CONSIDERATIONS

Officers responding to explosions, whether accidental or a criminal act, should consider the

following actions:

(a) Assess the scope of the incident, including the number of victims and extent of injuries.

(b) Request additional personnel and resources, as appropriate.

(d) Identify and take appropriate precautions to mitigate scene hazards, such as collapsed

structures, bloodborne pathogens and hazardous materials.

(e) Assist with the safe evacuation of victims, if possible.

(f) Establish an inner perimeter to include entry points and evacuation routes. Search for

additional or secondary devices.

(g) Preserve evidence.

(h) Establish an outer perimeter and evacuate if necessary.

(i) Identify witnesses.

408.7.2 NOTIFICATIONS

When an explosion has occurred, the following people should be notified as appropriate:

•

Fire department

•

Bomb squad

•

Additional department personnel, such as investigators and forensic services

•

Field supervisor

•

Watch Commander

•

Other law enforcement agencies, including local, state or federal agencies, such as

the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

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•

Other government agencies, as appropriate

408.7.3 CROWD CONTROL

Only authorized members with a legitimate need should be permitted access to the scene.

Spectators and other unauthorized individuals should be restricted to a safe distance as is

reasonably practicable given the available resources and personnel.

408.7.4 PRESERVATION OF EVIDENCE

As in any other crime scene, steps should immediately be taken to preserve the scene. The Watch

Commander should assign officers to protect the crime scene area, which could extend over a

long distance. Consideration should be given to the fact that evidence may be imbedded in nearby

structures or hanging in trees and bushes.

408.7 FOUND DEVICE

When handling an incident involving a suspected explosive device, the following guidelines, while

not all inclusive, should be followed:

(a) No known or suspected explosive item should be considered safe regardless of its

size or apparent packaging.

(b) The device should not be touched or moved except by the bomb squad or military

explosive ordnance disposal team.

frequency energy within the evacuation area around the suspected device. This

includes the following:

1. Two-way radios

2. Cell phones

3. Other personal communication devices

(d) The appropriate bomb squad or military explosive ordnance disposal team should be

summoned for assistance.

(e) The largest perimeter reasonably possible should initially be established around the

device based upon available personnel and the anticipated danger zone.

(f) A safe access route should be provided for support personnel and equipment.

(g) Search the area for secondary devices as appropriate and based upon available

resources.

(h) Consider evacuation of buildings and personnel near the device or inside the danger

zone and the safest exit route.

(i) Promptly relay available information to the Watch Commander including:

1. The time of discovery.

2. The exact location of the device.

3. A full description of the device (e.g., size, shape, markings, construction).

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4. The anticipated danger zone and perimeter.

5. The areas to be evacuated or cleared.

408.8 PRIVATE FACILITY OR PROPERTY

When a member of this department receives notification of a bomb threat at a location in the City

of West Jordan, the member receiving the notification should obtain as much information as

reasonably possible from the notifying individual, including:

(a) The location of the facility.

(b) The nature of the threat.

(d) Whether the facility is occupied and, if so, the number of occupants currently on-scene.

(e) Whether the individual is requesting police assistance at the facility.

(f) Whether there are any internal facility procedures regarding bomb threats in place,

such as:

1. No evacuation of personnel and no search for a device.

2. Search for a device without evacuation of personnel.

3. Evacuation of personnel without a search for a device.

4. Evacuation of personnel and a search for a device.

The member receiving the bomb threat information should ensure that the Watch Commander is

immediately notified so that he/she can communicate with the person in charge of the threatened

facility.

408.8.1 ASSISTANCE

The Watch Commander should be notified when police assistance is requested. The Watch

Commander will make the decision whether the Department will render assistance and at what

level. Information and circumstances that indicate a reasonably apparent, imminent threat to the

safety of either the facility or the public may require a more active approach, including police control

over the facility.

Should the Watch Commander determine that the Department will assist or control such an

incident, he/she will determine:

(a) The appropriate level of assistance.

(b) The plan for assistance.

(d) Whether to involve facility staff in the search or evacuation of the building.

1. The person in charge of the facility should be made aware of the possibility of

damage to the facility as a result of a search.

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2. The safety of all participants is the paramount concern.

(e) The need for additional resources, including:

1. Notification and response, or standby notice, for fire and emergency medical

services.

Even though a facility does not request police assistance to clear the interior of a building, based

upon the circumstances and known threat, officers may be sent to the scene to evacuate other

areas that could be affected by the type of threat, or for traffic and pedestrian control.

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Civil Commitments

409.1 PURPOSE AND SCOPE

This policy provides guidelines for when officers may place an individual under protective custody

for a civil commitment.

409.2 POLICY

It is the policy of the West Jordan Police Department to protect the public and individuals through

legal and appropriate use of the civil commitment process.

409.3 CONSIDERATIONS AND RESPONSIBILITIES

Any officer handling a call involving an individual who may qualify for a civil commitment should

consider, as time and circumstances reasonably permit:

(a) Available information that might assist in determining the cause and nature of the

individual’s action or stated intentions.

(b) Community or neighborhood mediation services.

(d) Community or other resources available to assist in dealing with mental health issues.

While these steps are encouraged, nothing in this section is intended to dissuade officers from

taking reasonable action to ensure the safety of the officers and others.

Civil commitments should be preferred over arrest for people with mental health issues, who are

suspected of committing minor crimes or creating other public safety issues.

409.4 TRANSPORTATION

When transporting any individual for a civil commitment, the transporting officer should have

Dispatch notify the receiving facility of the estimated time of arrival, the level of cooperation of the

individual and whether any special medical care is needed.

Officers may transport individuals in a patrol vehicle and should secure them in accordance with

the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport

vehicle and the safety of any person, including the detainee, requires the presence of an officer

during the transport, supervisor approval is required before transport commences.

409.4.1 METHOD OF TRANSPORTATION

Officers taking a person into custody for a civil commitment should ensure that the person is

transported to a designated temporary commitment facility as follows (Utah Code 62A-15-629):

(a) The person should be transported by ambulance when the person meets any of the

criteria described in Utah Code 26-8a-305.

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(b) When necessary for public safety, and when the designated facility is within the

jurisdiction of the West Jordan Police Department, the person should be transported

by the detaining officer using a City vehicle appropriate for use in transporting persons

for purposes of a civil commitment.

1. If the designated facility is outside of this City’s jurisdiction, a request should be

made to the appropriate officers to transport the person to the designated facility.

for public safety and such transportation arrangements have been made by a

physician, designated examiner, or mental health officer.

409.5 TRANSFER TO APPROPRIATE FACILITY

Upon arrival at the facility, the officer will escort the individual into a treatment area designated

by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should

provide the staff member with the written application for a civil commitment and remain present

to provide clarification of the grounds for detention, upon request.

Absent exigent circumstances, the transporting officer should not assist facility staff with the

admission process, including restraint of the individual. However, if the individual is transported

and delivered while restrained, the officer may assist with transferring the individual to facility

restraints and will be available to assist during the admission process, if requested. Under normal

circumstances, officers will not apply facility-ordered restraints.

409.6 DOCUMENTATION

The officer shall complete an application for commitment, using the form prescribed by the

Division of Substance Abuse and Mental Health, provide it to the facility staff member assigned

to the individual and retain a copy of the application for inclusion in the case report (Utah Code

62A-15-629).

The officer should also provide a verbal summary to any evaluating staff member regarding the

circumstances leading to the involuntary detention.

409.7 CRIMINAL OFFENSES

Officers investigating an individual who is suspected of committing a minor criminal offense and

who is being taken for a civil mental commitment should resolve the criminal matter by issuing a

warning or a citation, as appropriate.

When an individual who may qualify for a civil commitment has committed a serious criminal

offense that would normally result in an arrest and transfer to a jail facility, the officer should:

(a) Arrest the individual when there is probable cause to do so.

(b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that

would support the civil commitment.

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(d) Thoroughly document in the related reports the circumstances that indicate the

individual may qualify for a civil commitment.

In the supervisor’s judgment, the individual may instead be transported to the appropriate mental

health facility. The supervisor should consider the seriousness of the offense, the treatment

options available, the ability of this department to regain custody of the individual, department

resources (e.g., posting a guard), and other relevant factors in making this decision.

409.8 FIREARMS AND OTHER WEAPONS

Whenever an individual is taken into custody for a civil commitment, the handling officers should

seek to determine if the individual owns or has access to any firearm or other deadly weapon.

Officers should consider whether it is appropriate and consistent with current search and seizure

law under the circumstances to seize any such firearms or other dangerous weapons (e.g.

safekeeping, evidence, consent).

Officers are cautioned that a search warrant may be needed before entering a residence or

other place to search, unless lawful, warrantless entry has already been made (e.g., exigent

circumstances, consent). A warrant may also be needed before searching for or seizing weapons.

The handling officers should further advise the individual of the procedure for the return of any

firearm or other weapon that has been taken into custody.

409.9 TRAINING

This department will endeavor to provide POST-approved training on interaction with mentally

disabled persons, civil commitments and crisis intervention.

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Citation Releases

410.1 PURPOSE AND SCOPE

The purpose of this policy is to provide members of the West Jordan Police Department with

guidance on when to release adults who are suspected offenders on a citation for a criminal

offense, rather than having the person held in custody for a court appearance or released on bail.

Additional release restrictions may apply to those detained for domestic violence, as outlined in

the Domestic Violence Policy.

410.2 POLICY

The West Jordan Police Department will consider its resources and its mission of protecting the

community when exercising any discretion to release suspected offenders on a citation, when

authorized to do so.

410.3 RELEASE

A suspected offender may be released on issuance of a citation as follows:

(a) When the person is arrested for a misdemeanor or infraction charge (Utah Code

77-7-18).

(b) When a warrant has been issued by a magistrate who has included in the order that

the person be released on a summons (U. R. Crim. P. Rule 6).

410.4 PROHIBITIONS

The release of a suspected offender on a citation is not permitted if prohibited by local court rule.

See the Domestic Violence Policy for release restrictions related to those investigations.

410.5 CONSIDERATIONS

In determining whether to cite and release a person when discretion is permitted, officers should

consider:

(a) The type of offense committed.

(b) The known criminal history of the suspected offender.

(d) Whether there is any record of the individual failing to appear in previous cases or

other articulable indications that the individual may not appear in court for this offense.

(e) The individual’s ties to the area, such as residence, employment or family.

(f) Whether there is reasonable likelihood that criminal conduct by the individual will

continue.

410.6 STATE PRIVILEGES

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410.6.1 LEGISLATIVE PRIVILEGE

Members of the Legislature shall not be subject to arrest during each general and special session

of the Legislature or for 15 days immediately preceding and following each session, except for

any felony, treason or breach of the peace. Legislators may be issued a citation and a summons

to appear at a date outside of the time of legislative privilege (Utah Constitution Article VI § 8).

410.6.2 NATIONAL GUARD PRIVILEGE

Members of the National Guard shall not be subject to citation or arrest during military exercises

or other duty when emergency circumstances require the member’s presence, except for an act of

treason, a class A misdemeanor or felony, breach of the peace, reckless driving or driving under

the influence (DUI) (Utah Code 39-1-54).

410.6.3 VOTER PRIVILEGE

A person who attends an election or who is traveling to and from a voting location shall not be

subject to arrest on an election day, except for an act of treason, a felony or a breach of the peace

(Utah Constitution Article IV § 3).

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Arrest or Detention of Foreign Nationals

411.1 PURPOSE AND SCOPE

This policy provides guidelines to ensure that members of the West Jordan Police Department

extend appropriate privileges and immunities to foreign diplomatic and consular representatives

in accordance with international law.

411.2 POLICY

The West Jordan Police Department respects international laws related to the special privileges

and immunities afforded foreign diplomatic and consular representatives assigned to the United

States.

All foreign diplomatic and consular representatives shall be treated with respect and courtesy,

regardless of any privileges or immunities afforded them.

411.3 CLAIMS OF IMMUNITY

If a member comes into contact with a person where law enforcement action may be warranted and

the person claims diplomatic or consular privileges and immunities, the member should, without

delay:

(a) Notify a supervisor.

(b) Advise the person that his/her claim will be investigated and he/she may be released

in accordance with the law upon confirmation of the person’s status.

(DOS), Office of the Chief of Protocol, or in the case of persons accredited to the

United Nations, by the U.S. Mission to the United Nations. These are the only reliable

documents for purposes of determining privileges and immunities.

(d) Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free

at 866-217-2089, or at another current telephone number and inform the center of the

circumstances.

(e) Verify the immunity status with DOS and follow any instructions regarding further

detention, arrest, prosecution and/or release, as indicated by the DOS representative.

This may require immediate release, even if a crime has been committed.

Identity or immunity status should not be presumed from the type of license plates displayed on a

vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul

license plate, a query should be run via the National Law Enforcement Telecommunications

System (NLETS), designating “US” as the state.

411.4 ENFORCEMENT ACTION

If the DOS is not immediately available for consultation regarding law enforcement action,

members shall be aware of the following:

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(a) Generally, all persons with diplomatic and consular privileges and immunities may be

issued a citation or notice to appear. However, the person may not be compelled to

sign the citation.

(b) All persons, even those with a valid privilege or immunity, may be reasonably

restrained in exigent circumstances for purposes of self-defense, public safety or the

prevention of serious criminal acts.

driving a vehicle, even if the person may not be arrested due to privileges and

immunities.

1. Investigations, including the request for field sobriety tests, chemical tests and

any other tests regarding impaired driving may proceed but they shall not be

compelled.

(d) The following persons may not be detained or arrested, and any property or vehicle

owned by these persons may not be searched or seized:

1. Diplomatic-level staff of missions to international organizations and recognized

family members

2. Diplomatic agents and recognized family members

3. Members of administrative and technical staff of a diplomatic mission and

recognized family members

4. Career consular officers, unless the person is the subject of a felony warrant

(e) The following persons may generally be detained and arrested:

1. International organization staff; however, some senior officers are entitled to the

same treatment as diplomatic agents.

2. Support staff of missions to international organizations

3. Diplomatic service staff and consular employees; however, special bilateral

agreements may exclude employees of certain foreign countries

4. Honorary consular officers

411.5 DOCUMENTATION

All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic

and consular representatives should be thoroughly documented and the related reports forwarded

to DOS.

411.5.1 DOCUMENTATION PROCEDURES

An officer who stops a person holding a driver’s license issued by the DOS or otherwise claiming

privileges or immunities, for a moving traffic violation or any of the following offenses while

operating a vehicle shall document all of the relevant information from the driver license or

identification card (Utah Code 41-6a-1901):

(a) Automobile homicide

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(b) Manslaughter

(d) Aggravated assault

(e) Reckless endangerment

The Records Bureau shall forward such information with a copy of the traffic citation, vehicle

accident report or written report of the incident, as applicable, to the Department of Public Safety

(DPS) within five working days (Utah Code 41-6a-1901).

411.6 DIPLOMATIC IMMUNITY TABLE

Reference table on diplomatic immunity:

Category Arrested or Enter Issued Subpoenaed

Prosecuted Recognized

Diplomatic No

(note (b))

No Yes No No Same as

sponsor (full

immunity &

inviolability

Member of No

(note (b))

No Yes No No Same as

sponsor (full

immunity &

inviolability

Service Staff Yes

(note (a))

Yes Yes Yes No for official

acts

Yes

otherwise

(note (a))

No immunity

or inviolability

(note (a))

Career Yes if for a

felony and

pursuant to a

warrant

(note (a))

Yes

(note (d))

Yes No for official

acts

Testimony

may not be

compelled in

any case

No for official

acts

Yes

otherwise

(note (a))

No immunity

or inviolability

Honorable Yes Yes Yes No for official

acts

Yes

otherwise

No for official

acts

Yes

otherwise

(note (a))

No immunity

inviolability

Consulate Yes

(note (a))

Yes Yes No for official

acts

Yes

otherwise

No for official

acts

Yes

otherwise

(note (a))

No immunity

or inviolability

(note (a))

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Int'l Org Yes

(note (c))

Yes

(note (c))

Yes Yes

(note (c))

No for official

acts

Yes

otherwise

(note (c))

No immunity

or inviolability

Diplomatic- No

(note (b))

No Yes No No Same as

sponsor (full

immunity and

inviolability

Support Yes Yes Yes Yes No for official

act

Yes

otherwise

No immunity

or inviolability

Notes for diplomatic immunity table:

(a) This table presents general rules. The employees of certain foreign countries may

enjoy higher levels of privileges and immunities on the basis of special bilateral

agreements.

(b) Reasonable constraints, however, may be applied in emergency circumstances

involving self-defense, public safety, or in the prevention of serious criminal acts.

agents.

(d) Note that consul residences are sometimes located within the official consular

premises. In such cases, only the official office space is protected from police entry.

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Rapid Response and Deployment

412.1 PURPOSE AND SCOPE

Violence that is committed in schools, workplaces and other locations by individuals or a group of

individuals who are determined to target and kill persons and to create mass casualties presents

a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and

factors that will assist responding officers in situations that call for rapid response and deployment.

412.2 POLICY

The West Jordan Police Department will endeavor to plan for rapid response to crisis situations,

and to coordinate response planning with other emergency services as well as with those that are

responsible for operating sites that may be the target of a critical incident.

Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members

of the Department in protecting themselves or others from death or serious injury.

412.3 CONSIDERATIONS

When dealing with a crisis situation members should:

(a) Assess the immediate situation and take reasonable steps to maintain operative

control of the incident.

(b) Obtain, explore and analyze sources of intelligence and known information regarding

the circumstances, location and suspect involved in the incident.

eliminating any known or perceived threat.

(d) Attempt, if feasible and based upon the suspect’s actions and danger to others, a

negotiated surrender of the suspect and release of the hostages.

412.4 FIRST RESPONSE

If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger,

first responding officers should consider reasonable options to reduce, prevent or eliminate the

threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances,

whether to advance on the suspect, take other actions to deal with the threat or wait for additional

resources.

If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening

activity toward others, officers should take immediate action, if reasonably practicable, while

requesting additional assistance.

Officers should remain aware of the possibility that an incident may be part of a coordinated multi-

location attack that may require some capacity to respond to other incidents at other locations.

When deciding on a course of action officers should consider:

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(a)

Whether to advance on or engage a suspect who is still a possible or perceived threat

to others. Any advance or engagement should be based on information known or

received at the time.

(b) Whether to wait for additional resources or personnel. This does not preclude an

individual officer from taking immediate action.

(c)

Whether individuals who are under imminent threat can be moved out of danger or

evacuated with reasonable safety.

(d) Whether the suspect can be contained or denied access to victims.

(e)

Whether the officers have the ability to effectively communicate with other personnel

or resources.

(f)

Whether planned tactics can be effectively deployed.

(g)

The availability of rifles, shotguns, shields, breaching tools, control devices and any

other appropriate tools, and whether the deployment of these tools will provide a

tactical advantage.

In a case of a barricaded suspect with no hostages and no immediate threat to others, officers

should consider summoning and waiting for additional assistance (special tactics and/or hostage

negotiation team response).

412.5 PLANNING

The Patrol Division Chief should coordinate critical incident planning. Planning efforts should

consider:

(a) Identification of likely critical incident target sites, such as schools, shopping centers,

entertainment and sporting event venues.

(b) Availability of building plans and venue schematics of likely critical incident target sites.

agencies.

(d) Training opportunities in critical incident target sites, including joint training with site

occupants.

(e) Evacuation routes in critical incident target sites.

(f) Patrol first-response training.

(g) Response coordination and resources of emergency medical and fire services.

(h) Equipment needs.

(i) Mutual aid agreements with other agencies.

(j) Coordination with private security providers in critical incident target sites.

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412.6 TRAINING

The Training Sergeant should include rapid response to critical incidents in the training plan. This

training should address:

(a) Orientation to likely critical incident target sites, such as schools, shopping centers,

entertainment and sporting event venues.

(b) Communications interoperability with other law enforcement and emergency service

agencies.

device training.

(d) First aid, including gunshot trauma.

(e) Reality-based scenario training (e.g., active shooter, disgruntled violent worker).

Policy

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Immigration Violations

413.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines to members of the West Jordan Police

Department relating to immigration and interacting with federal immigration officials.

413.2 POLICY

It is the policy of the West Jordan Police Department that all members make personal and

professional commitments to equal enforcement of the law and equal service to the public.

Confidence in this commitment will increase the effectiveness of this department in protecting and

serving the entire community and recognizing the dignity of all persons, regardless of their national

origin or immigration status.

In keeping with this commitment, race, color, or national origin will not be considered under this

policy except to the extent permitted by the constitutions of the United States and Utah (Utah

Code § 76-9-1003).

413.3 VICTIMS AND WITNESSES

To encourage crime reporting and cooperation in the investigation of criminal activity, all

individuals, regardless of their immigration status, must feel secure that contacting or being

addressed by members of law enforcement will not automatically lead to immigration inquiry and/

or deportation. While it may be necessary to determine the identity of a victim or witness, members

shall treat all individuals equally and not in any way that would violate the United States or Utah

constitutions.

413.4 DETENTIONS

An officer should not detain any individual, for any length of time, for a civil violation of federal

immigration laws or a related civil warrant.

An officer who has a reasonable suspicion that an individual already lawfully contacted or

detained has committed a criminal violation of federal immigration law may detain the person for

a reasonable period of time in order to contact federal immigration officials to verify whether an

immigration violation is a federal civil violation or a criminal violation. If the violation is a criminal

violation, the officer may continue to detain the person for a reasonable period of time if requested

by federal immigration officials (8 USC § 1357(g)(10)). No individual who is otherwise ready to

be released should continue to be detained only because questions about the individual’s status

are unresolved.

If the officer has facts that establish probable cause to believe that a person already lawfully

detained has committed a criminal immigration offense, he/she may continue the detention and

may request a federal immigration official to respond to the location to take custody of the detained

person (8 USC § 1357(g)(10)).

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An officer is encouraged to forgo detentions made solely on the basis of a misdemeanor offense

when time limitations, availability of personnel, issues of officer safety, communication capabilities,

or the potential to obstruct a separate investigation outweigh the need for the detention.

An officer should notify a supervisor as soon as practicable whenever an individual is being

detained for a criminal immigration violation.

413.4.1 INVESTIGATING HUMAN TRAFFICKING OR SMUGGLING

When an officer conducts a lawful traffic stop and reasonably suspects that any person in the

vehicle is violating Utah human trafficking or human smuggling laws, the officer shall investigate

the suspected violations and inquire into the immigration status of the occupants of the vehicle.

An officer may not delay or postpone addressing the original purpose of the stop merely to confirm

a person’s immigration status (Utah Code 76-9-1003; Utah Code 76-5-308; Utah Code 76-5-310).

413.4.2 VERIFICATION OF IMMIGRATION STATUS

A person’s citizenship or immigration status shall be verified whenever the person is lawfully

arrested for a felony or misdemeanor offense and is unable to provide an identifying document

as listed in Utah Code 76-9-1004 and the officer is otherwise unable to verify the identity of the

person. Verification of immigration status should take place at the time of the booking and not in

the field (Utah Code 76-9-1003).

413.4.3 SUPERVISOR RESPONSIBILITIES

When notified that an officer has detained an individual and established reasonable suspicion or

probable cause to believe the person has violated a criminal immigration offense, the supervisor

should determine whether it is appropriate to:

(a) Transfer the person to federal authorities.

(b) Lawfully arrest the person for a criminal offense or pursuant to a judicial warrant (see

the Law Enforcement Authority Policy).

413.5 ARREST NOTIFICATION TO FEDERAL IMMIGRATION OFFICIALS

Generally, an officer should not notify federal immigration officials when booking arrestees at a

jail facility. Any required notification will be handled according to jail operation procedures. No

individual who is otherwise ready to be released should continue to be detained solely for the

purpose of notification.

413.6 FEDERAL REQUESTS FOR ASSISTANCE

Requests by federal immigration officials for assistance from this department should be directed

to a supervisor. The Department may provide available support services, such as traffic control

or peacekeeping efforts.

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413.7 INFORMATION SHARING

No member of this department will prohibit, or in any way restrict, any other member from doing

any of the following regarding the citizenship or immigration status, lawful or unlawful, of any

individual (8 USC § 1373):

(a) Sending information to, or requesting or receiving such information from federal

immigration officials

(b) Maintaining such information in department records

413.7.1 IMMIGRATION DETAINERS

No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7

unless the person has been charged with a federal crime or the detainer is accompanied by a

warrant, affidavit of probable cause, or removal order. Notification to the federal authority issuing

the detainer should be made prior to the release.

413.8 U VISA AND T VISA NONIMMIGRANT STATUS

Under certain circumstances, federal law allows temporary immigration benefits, known as a U

visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)).

Similar immigration protection, known as a T visa, is available for certain qualifying victims of

human trafficking (8 USC § 1101(a)(15)(T)).

Any request for assistance in applying for U visa or T visa status should be forwarded in a timely

manner to the Detective Bureau supervisor assigned to oversee the handling of any related case.

The Detective Bureau supervisor should:

(a) Consult with the assigned investigator to determine the current status of any related

case and whether further documentation is warranted.

(b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the

certification or declaration has not already been completed and whether a certification

or declaration is warranted.

timely manner.

1. The instructions for completing certification and declaration forms can be found

on the U.S. Department of Homeland Security (DHS) website.

(d) Ensure that any decision to complete, or not complete, a certification or declaration

form is documented in the case file and forwarded to the appropriate prosecutor.

Include a copy of any completed form in the case file.

413.8.1 U NONIMMIGRANT STATUS GUIDELINES

U nonimmigrant status requests shall be processed and maintained in a manner consistent with

Utah Code 77-38-503 and federal guidelines.

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The Investigation Division Chief should ensure certification requests conducted by this agency are

processed within 90 days of request, unless the noncitizen is in removal proceedings, in which

case the certification should be processed within 14 days of request (Utah Code 77-38-503).

413.8.2 REPORTING REQUIREMENTS

Before June 30 of each year, the Chief of Police shall submit a report of the following information

to the Commission on Criminal and Juvenile Justice (Utah Code 77-38-503):

(a) The number of victims that requested U nonimmigrant certifications from the agency

(b) The number of U nonimmigrant certifications that were signed

413.9 TRAINING

The Training Sergeant should ensure that officers receive training on this policy.

Training should include:

(a) Identifying civil versus criminal immigration violations.

(b) Factors that may be considered in determining whether a criminal immigration offense

has been committed.

Policy

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Emergency Utility Service

414.1 PURPOSE AND SCOPE

The City public works department has personnel available to handle emergency calls 24 hours

per day. Calls for service during non-business hours are frequently directed to the Department.

Requests for such service received by this department should be handled in the following manner.

414.1.1 BROKEN WATER LINES

The City

’

s responsibility ends at the water meter; any break or malfunction in the water system

from the water meter to the citizen's residence or business is the customer's responsibility. Public

works can only turn off the valve at the meter. The citizen can normally accomplish this.

If a break occurs on the City side of the meter, emergency personnel should be called as soon

as practical by Dispatch.

414.1.2 ELECTRICAL LINES

City Public Works does not maintain electrical lines to street light poles. When a power line poses

a hazard, an officer should be dispatched to protect against personal injury or property damage

that might be caused by power lines. The electric company or public works should be promptly

notified, as appropriate.

414.1.3 RESERVOIRS, PUMPS, WELLS

Public works maintains the reservoirs and public water equipment, as well as several underpass

and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency

personnel should be contacted as soon as possible.

414.1.4 EMERGENCY NUMBERS

A current list of emergency personnel who are to be called for municipal utility emergencies is

maintained by Dispatch.

414.2 TRAFFIC SIGNAL MAINTENANCE

The City of West Jordan contracts with a private maintenance company to furnish maintenance

for all traffic signals within the City, other than those maintained by the State of Utah.

414.2.1 OFFICER’S RESPONSIBILITY

Upon observing a damaged or malfunctioning signal, the officer will advise Dispatch of the location

and problem with the signal. The dispatcher should make the necessary notification to the proper

maintenance agency.

Policy

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Field Training Officer Program

415.1 PURPOSE AND SCOPE

The Field Training Program is intended to provide a standardized program to facilitate the officer’s

transition from the academic setting to the actual performance of general law enforcement duties

of the West Jordan Police Department.

It is the policy of the Department to assign all new police officers to a structured Field Training

Program that is designed to prepare the new officer to perform in a patrol assignment, and

possessing all skills needed to operate in a safe, productive and professional manner.

415.2 FIELD TRAINING OFFICER SELECTION AND TRAINING

The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training

and evaluating entry level and lateral police officers in the application of their previously acquired

knowledge and skills.

415.2.1 SELECTION PROCESS

FTO's will be selected based on the following requirements:

(a) Desire to be an FTO.

(b) Minimum of one year of patrol experience with this department.

(d) Evaluation by supervisors.

(e) Possess a department approved FTO certificate.

415.2.2 TRAINING

An officer selected as a Field Training Officer shall successfully complete a POST-certified 24-

hour Field Training Officer’s Course prior to being assigned as an FTO.

415.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR

The Field Training Officer Program supervisor will be selected from the rank of sergeant or

above by the Patrol Division Chief or designee.

The responsibilities of the FTO Program Supervisor include the following:

(a) Assignment of trainees to FTOs.

(b) Conduct FTO meetings.

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(d) Maintain, update and issue the Field Training Manual to each trainee.

(e) Monitor individual FTO performance.

(f) Monitor overall FTO Program.

(g) Maintain liaison with FTO Coordinators of other agencies.

(h) Maintain liaison with academy staff on recruit performance during the academy.

(i) Develop ongoing training for FTOs.

415.4 TRAINEE DEFINED

Any entry level or lateral police officer newly appointed to the West Jordan Police Department who

has successfully completed a POST-approved Basic Academy.

415.5 REQUIRED TRAINING

Entry level officers shall be required to successfully complete the Field Training Program,

consisting of a minimum of 10 weeks.

The training period for lateral officers may be modified depending on the trainee’s demonstrated

performance and level of experience.

To the extent practical, entry level and lateral officers should be assigned to a variety of Field

Training Officers, shifts and geographical areas during their Field Training Program.

415.5.1 FIELD TRAINING MANUAL

Each new officer will be issued a Field Training Manual at the beginning of his/her Primary Training

Phase. This manual is an outline of the subject matter and/or skills necessary to properly function

as an officer with the West Jordan Police Department. The officer shall become knowledgeable

of the subject matter as outlined. He/she shall also become proficient with those skills as set forth

in the manual.

The Field Training Manual will specifically cover those policies, procedures, rules and regulations

enacted by the West Jordan Police Department.

415.6 EVALUATIONS

Evaluations are an important component of the training process and shall be completed as outlined

below.

415.6.1 FIELD TRAINING OFFICER

The FTO will be responsible for the following:

(a) Complete and submit a written evaluation on the performance of his/her assigned

trainee to the FTO program supervisor on a daily basis.

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(b) Review the Daily Trainee Performance Evaluations with the trainee each day.

at the end of each phase of training.

(d) Sign off all completed topics contained in the Field Training Manual, noting the

method(s) of learning and evaluating the performance of his/her assigned trainee.

415.6.2 TRAINEE

At the completion of the Field Training Program, the trainee shall submit a confidential

performance evaluation on each of their FTOs and on the Field Training Program.

415.7 DOCUMENTATION

All documentation of the Field Training Program will be retained in the officer’s training files and

will consist of the following:

(a) Daily Trainee Performance Evaluations.

(b) End of phase evaluations.

required number of hours of field training.

Policy

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Aircraft Accidents

416.1 PURPOSE AND SCOPE

The purpose of this policy is to provide department members with guidelines for handling aircraft

accidents.

This policy does not supersede, and is supplementary to, applicable portions of the Crime

and Disaster Scene Integrity, Emergency Management Plan and Hazardous Material Response

policies.

416.1.1 DEFINITIONS

Definitions related to this policy include:

Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of

carrying a person or any unmanned aerial vehicle other than those intended for non-commercial

recreational use.

416.2 POLICY

It is the policy of the West Jordan Police Department to provide an appropriate emergency

response to aircraft accidents. This includes emergency medical care and scene management.

416.3 ARRIVAL AT SCENE

Officers or other authorized members tasked with initial scene management should establish an

inner and outer perimeter to:

(a) Protect persons and property.

(b) Prevent any disturbance or further damage to the wreckage or debris, except to

preserve life or rescue the injured.

(d) Manage the admission and access of public safety and medical personnel to the extent

necessary to preserve life or to stabilize hazardous materials.

(e) Maintain a record of persons who enter the accident site.

(f) Consider implementation of an Incident Command System (ICS).

416.4 INJURIES AND CASUALTIES

Members should address emergency medical issues and provide care as a first priority.

Those tasked with the supervision of the scene should coordinate with the National Transportation

Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor

should ensure documentation of what was disturbed, including switch/control positions and

instrument/gauge readings.

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416.5 NOTIFICATIONS

When an aircraft accident is reported to this department, the responding supervisor shall ensure

notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and when

applicable, the appropriate branch of the military.

Supervisors shall ensure other notifications are made once an aircraft accident has been reported.

The notifications will vary depending on the type of accident, extent of injuries or damage, and

the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to

notify the following:

(a) Fire department

(b) Appropriate airport tower

416.6 CONTROLLING ACCESS AND SCENE AUTHORITY

Prior to NTSB arrival, scene access should be limited to authorized personnel from the:

(a) FAA.

(b) Fire department, EMS or other assisting law enforcement agencies.

(d) Air Carrier/Operators investigative teams with NTSB approval.

(e) Appropriate branch of the military, when applicable.

(f) Other emergency services agencies (e.g., hazardous materials teams, biohazard

decontamination teams, fuel recovery specialists, explosive ordnance disposal

specialists).

The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case

of a military aircraft accident, the appropriate branch of the military will have primary investigation

responsibility.

After the NTSB or military representative arrives on-scene, the efforts of this department will shift

to a support role for those agencies.

If NTSB or a military representative determines that an aircraft or accident does not qualify under

its jurisdiction, the on-scene department supervisor should ensure the accident is still appropriately

investigated and documented.

416.7 DANGEROUS MATERIALS

Members should be aware of potentially dangerous materials that might be present. These may

include, but are not limited to:

(a) Fuel, chemicals, explosives, biological or radioactive materials and bombs or other

ordnance.

(b) Pressure vessels, compressed gas bottles, accumulators and tires.

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(d) Evacuation chutes, ballistic parachute systems and composite materials.

416.8 DOCUMENTATION

All aircraft accidents occurring within the City of West Jordan shall be documented. At a minimum

the documentation should include the date, time and location of the incident; any witness

statements, if taken; the names of WJPD members deployed to assist; other City resources that

were utilized; and cross reference information to other investigating agencies. Suspected criminal

activity should be documented on the appropriate crime report.

416.8.1 WRECKAGE

When reasonably safe, members should:

(a) Obtain the aircraft registration number (N number) and note the type of aircraft.

(b) Attempt to ascertain the number of casualties.

damage, starting at the initial point of impact, if possible, and any ground scars or

marks made by the aircraft.

1. Military aircraft may contain classified equipment and therefore shall not be

photographed unless authorized by a military commanding officer (18 USC §

795).

(d) Secure, if requested by the lead authority, any electronic data or video recorders from

the aircraft that became dislodged or cell phones or other recording devices that are

part of the wreckage.

(e) Acquire copies of any recordings from security cameras that may have captured the

incident.

416.8.2 WITNESSES

Members tasked with contacting witnesses should obtain:

(a) The location of the witness at the time of his/her observation relative to the accident

site.

(b) A detailed description of what was observed or heard.

surrender.

(d) The names of all persons reporting the accident, even if not yet interviewed.

(e) Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records.

416.9 MEDIA RELATIONS

The Public Information Officer (PIO) should coordinate a response to the media, including

access issues, road closures, detours and any safety information that is pertinent to the

surrounding community. Any release of information regarding details of the accident itself should

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be coordinated with the NTSB or other authority who may have assumed responsibility for the

investigation.

Depending on the type of aircraft, the airline or the military may be responsible for family

notifications and the release of victims’ names. The PIO should coordinate with other involved

entities before the release of information.

Policy

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Obtaining Air Support

417.1 PURPOSE AND SCOPE

The use of a law enforcement helicopter can be invaluable in certain situations. This policy

specifies potential situations where the use of a helicopter may be requested and the

responsibilities for making a request.

417.2 REQUEST FOR HELICOPTER ASSISTANCE

If a supervisor or officer in charge of an incident determines that the use of a helicopter would be

beneficial, a request to obtain helicopter assistance may be made.

417.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY

After consideration and approval of the request for a helicopter, the Watch Commander, or

designee, will call the closest agency having helicopter support available. The Watch Commander

will apprise that agency of the specific details of the incident prompting the request.

417.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED

Law enforcement helicopters may be requested under any of the following conditions:

(a) When the helicopter is activated under existing mutual aid agreements.

(b) Whenever the safety of law enforcement personnel is in jeopardy and the presence

of the helicopters may reduce such hazard.

whose continued freedom represents an ongoing threat to the community.

(d) When a helicopter is needed to locate a person who has strayed or is lost and whose

continued absence constitutes a serious health or safety hazard.

(e) Vehicle pursuits.

While it is recognized that the availability of helicopter support will generally provide valuable

assistance to ground personnel, the presence of a helicopter will rarely replace the need for officers

on the ground.

Policy

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Contacts and Temporary Detentions

418.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for temporarily detaining but not arresting

persons in the field, conducting field interviews (FI) and pat-down searches, and the taking and

disposition of photographs.

418.1.1 DEFINITIONS

Definitions related to this policy include:

Consensual encounter - When an officer contacts an individual but does not create a detention

through words, actions, or other means. In other words, a reasonable individual would believe that

his/her contact with the officer is voluntary.

Field interview (FI) - The brief detainment of an individual, whether on foot or in a vehicle, based

on reasonable suspicion for the purposes of determining the individual's identity and resolving the

officer's suspicions.

Field photographs - Posed photographs taken of a person during a contact, temporary detention,

or arrest in the field. Undercover surveillance photographs of an individual and recordings captured

by the normal operation of a Mobile Audio/Video (MAV) system, body-worn camera, or public

safety camera when persons are not posed for the purpose of photographing are not considered

field photographs.

Pat-down search - A type of search used by officers in the field to check an individual for

dangerous weapons. It involves a thorough patting-down of clothing to locate any weapons or

dangerous items that could pose a danger to the officer, the detainee, or others.

Reasonable suspicion - When, under the totality of the circumstances, an officer has articulable

facts that criminal activity may be afoot and a particular person is connected with that possible

criminal activity.

Temporary detention - When an officer intentionally, through words, actions, or physical force,

causes an individual to reasonably believe he/she is required to restrict his/her movement without

an actual arrest. Temporary detentions also occur when an officer actually restrains a person’s

freedom of movement.

418.2 FIELD INTERVIEWS

Based on observance of suspicious circumstances or upon information from investigation, an

officer may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable

suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary

to resolve the officer’s suspicion (Utah Code 77-7-15).

Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact

with consenting individuals is encouraged by the West Jordan Police Department to strengthen

community involvement, community awareness, and problem identification.

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418.2.1 INITIATING A FIELD INTERVIEW

When initiating the stop, the [officer/deputy] should be able to point to specific facts which, when

considered with the totality of the circumstances, reasonably warrant the stop. Such facts include

but are not limited to an individual’s:

(a) Appearance or demeanor suggesting that he/she is part of a criminal enterprise or is

engaged in a criminal act.

(b) Actions suggesting that he/she is engaged in a criminal activity.

(d) Presence in a particular area is suspicious.

(e) Carrying of suspicious objects or items.

(f) Excessive clothes for the climate or clothes bulging in a manner that suggest he/she

is carrying a dangerous weapon.

(g) Location in proximate time and place to an alleged crime.

(h) Physical description or clothing worn that matches a suspect in a recent crime.

(i) Prior criminal record or involvement in criminal activity as known by the officer.

418.3 PAT-DOWN SEARCHES

Once a valid stop has been made, and consistent with the officer’s training and experience, an

officer may pat a suspect’s outer clothing for weapons if the officer has a reasonable, articulable

suspicion the suspect may pose a safety risk (Utah Code 77-7-16). The purpose of this limited

search is not to discover evidence of a crime, but to allow the officer to pursue the investigation

without fear of violence. Circumstances that may establish justification for performing a pat-down

search include but are not limited to:

(a) The type of crime suspected, particularly in crimes of violence where the use or threat

of weapons is involved.

(b) Where more than one suspect must be handled by a single officer.

(d) Prior knowledge of the suspect's use of force and/or propensity to carry weapons.

(e) The actions and demeanor of the suspect.

(f) Visual indications which suggest that the suspect is carrying a firearm or other

dangerous weapon.

Whenever practicable, a pat-down search should not be conducted by a lone officer. A cover

officer should be positioned to ensure safety and should not be involved in the search.

418.4 FIELD PHOTOGRAPHS

All available databases should be searched before photographing any field detainee. If a

photograph is not located, or if an existing photograph no longer resembles the detainee, the

officer shall carefully consider, among other things, the factors listed below.

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418.4.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT

Field photographs may be taken when the subject being photographed knowingly and voluntarily

gives consent. When taking a consensual photograph, the officer should have the individual read

and sign the appropriate form accompanying the photograph.

418.4.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT

Field photographs may be taken without consent only if they are taken during a detention that

is based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate

law enforcement purpose related to the detention. The officer must be able to articulate facts that

reasonably indicate that the subject was involved in or was about to become involved in criminal

conduct. The subject should not be ordered to remove or lift any clothing for the purpose of taking

a photograph.

If, prior to taking a photograph, the officer’s reasonable suspicion of criminal activity has been

dispelled, the detention must cease and the photograph should not be taken.

All field photographs and related reports shall be submitted to a supervisor and retained in

compliance with this policy.

418.4.3 DISPOSITION OF PHOTOGRAPHS

All detainee photographs must be adequately labeled and submitted to the Watch Commander

with either an associated FI card or other documentation explaining the nature of the contact. If an

individual is photographed as a suspect in a particular crime, the photograph should be submitted

as an evidence item in the related case, following standard evidence procedures.

If a photograph is not associated with an investigation where a case number has been issued, the

Watch Commander should review and forward the photograph to one of the following locations:

(a) If the photograph and associated FI or documentation are relevant to criminal

organization/enterprise enforcement, the Watch Commander will forward the

photograph and documents to the designated criminal intelligence system supervisor.

The supervisor will ensure the photograph and supporting documents are retained as

prescribed in the Criminal Organizations Policy.

(b) Photographs that do not qualify for retention in a criminal intelligence system or

temporary information file shall be forwarded to the Records Bureau.

When a photograph is taken in association with a particular case, the investigator may use such

photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part

of the case file. All other photographs shall be retained in accordance with the established records

retention schedule.

418.4.4 SUPERVISOR RESPONSIBILITIES

While it is recognized that field photographs often become valuable investigative tools, supervisors

should monitor such practices in view of the above listed considerations. This is not to imply that

supervisor approval is required before each photograph is taken.

Access to, and use of, field photographs shall be strictly limited to law enforcement purposes.

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418.5 POLICY

The West Jordan Police Department respects the right of the public to be free from unreasonable

searches or seizures. Due to an unlimited variety of situations confronting the officer, the decision

to temporarily detain a person and complete an FI, pat-down search, or field photograph shall

be left to the officer based on the totality of the circumstances, officer safety considerations, and

constitutional safeguards.

418.6 WITNESS IDENTIFICATION AND INTERVIEWS

Because potential witnesses to an incident may become unavailable or the integrity of their

statements compromised with the passage of time, [officers/deputies] should, when warranted

by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene

supervisor and/or criminal investigator to utilize available members for the following:

(a) Identify all persons present at the scene and in the immediate area.

1. When feasible, a recorded statement should be obtained from those who claim

not to have witnessed the incident but who were present at the time it occurred.

2. Any potential witness who is unwilling or unable to remain available for a formal

interview should not be detained absent reasonable suspicion to detain or

probable cause to arrest. Without detaining the individual for the sole purpose

of identification, [officers/deputies] should attempt to identify the witness prior to

his/her departure.

(b) Witnesses who are willing to provide a formal interview should be asked to meet at a

suitable location where criminal investigators may obtain a recorded statement. Such

witnesses, if willing, may be transported by [department/office] members.

1. A written, verbal, or recorded statement of consent should be obtained prior to

transporting a witness. When the witness is a minor, consent should be obtained

from the parent or guardian, if available, prior to transport.

Policy

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Criminal Organizations

419.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that the West Jordan Police Department appropriately

utilizes criminal intelligence systems and temporary information files to support investigations of

criminal organizations and enterprises.

419.1.1 DEFINITIONS

Definitions related to this policy include:

Criminal intelligence system - Any record system that receives, stores, exchanges or

disseminates information that has been evaluated and determined to be relevant to the

identification of a criminal organization or enterprise, its members or affiliates. This does not

include temporary information files.

419.2 POLICY

The West Jordan Police Department recognizes that certain criminal activities, including but not

limited to gang crimes and drug trafficking, often involve some degree of regular coordination and

may involve a large number of participants over a broad geographical area.

It is the policy of this department to collect and share relevant information while respecting the

privacy and legal rights of the public.

419.3 CRIMINAL INTELLIGENCE SYSTEMS

No department member may create, submit to or obtain information from a criminal intelligence

system unless the Chief of Police has approved the system for department use.

Any criminal intelligence system approved for department use should meet or exceed the

standards of 28 CFR 23.20.

A designated supervisor will be responsible for maintaining each criminal intelligence system that

has been approved for department use. The supervisor or the authorized designee should ensure

the following:

(a)

Members using any such system are appropriately selected and trained.

(b)

Use of every criminal intelligence system is appropriately reviewed and audited.

(c)

Any system security issues are reasonably addressed.

419.3.1 SYSTEM ENTRIES

It is the designated supervisor’s responsibility to approve the entry of any information from a

report, FI, photo or other relevant document into an authorized criminal intelligence system. If

entries are made based upon information that is not on file with this department, such as open

or public source documents or documents that are on file at another agency, the designated

supervisor should ensure copies of those documents are retained by the Records Bureau. Any

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supporting documentation for an entry shall be retained by the Records Bureau in accordance

with the established records retention schedule and for at least as long as the entry is maintained

in the system.

The designated supervisor should ensure that any documents retained by the Records Bureau

are appropriately marked as intelligence information. The Records Manager may not purge such

documents without the approval of the designated supervisor.

419.4 TEMPORARY INFORMATION FILE

No member may create or keep files on individuals that are separate from the approved criminal

intelligence system. However, members may maintain temporary information that is necessary to

actively investigate whether a person or group qualifies for entry into the department-approved

CIS only as provided in this section. Once information qualifies for inclusion, it should be submitted

to the supervisor responsible for consideration of CIS entries.

419.4.1 FILE CONTENTS

A temporary information file may only contain information and documents that, within one year, will

have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence

system.

Information and documents contained in a temporary information file:

(a)

Must only be included upon documented authorization of the responsible department

supervisor.

(b)

Should not be originals that would ordinarily be retained by the Records Bureau or

Evidence Room, but should be copies of, or references to, retained documents, such

as copies of reports, field interview (FI) forms, Dispatch records or booking forms.

(c)

Shall not include opinions. No person, organization or enterprise shall be labeled as

being involved in crime beyond what is already in the document or information.

(d)

May include information collected from publicly available sources or references to

documents on file with another government agency. Attribution identifying the source

should be retained with the information.

419.4.2 FILE REVIEW AND PURGING

The contents of a temporary information file shall not be retained longer than one year. At the

end of one year, the contents must be purged or entered in an authorized criminal intelligence

system, as applicable.

The designated supervisor shall periodically review the temporary information files to verify that

the contents meet the criteria for retention. Validation and purging of files is the responsibility of

the supervisor.

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419.5 INFORMATION RECOGNITION

Department members should document facts that suggest an individual, organization or enterprise

is involved in criminal activity and should forward that information appropriately. Examples include,

but are not limited to:

(a)

Gang indicia associated with a person or residence.

(b)

Information related to a drug-trafficking operation.

(c)

Vandalism indicating an animus for a particular group.

(d)

Information related to an illegal gambling operation.

Department supervisors who utilize an authorized criminal intelligence system should work with

the Training Sergeant to train members to identify information that may be particularly relevant

for inclusion.

419.6 RELEASE OF INFORMATION

Department members shall comply with the rules of an authorized criminal intelligence system

regarding inquiries and release of information.

Information from a temporary information file may only be furnished to department members

and other law enforcement agencies on a need-to-know basis and consistent with the Records

Maintenance and Release Policy.

When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile’s

name is in a temporary information file, such information should be provided by the supervisor

responsible for the temporary information file, unless there is good cause to believe that the

release of such information might jeopardize an ongoing criminal investigation.

419.7 CRIMINAL STREET GANGS

The Detective Bureau supervisor should ensure that there are an appropriate number of

department members who can:

(a)

Testify as experts on matters related to criminal street gangs, and maintain an above

average familiarity with identification of criminal street gangs, criminal street gang

members and patterns of criminal gang activity, as described in Utah Code 76-9-802

et seq. and Utah Code 76-9-902 et seq.

(b)

Coordinate with other agencies in the region regarding criminal street gang crimes

and information.

(c)

Train other members to identify gang indicia and investigate criminal street gang-

related crimes.

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419.8 TRAINING

The Training Sergeant should provide training on best practices in the use of each authorized

criminal intelligence system to those tasked with investigating criminal organizations and

enterprises. Training should include:

(a)

The protection of civil liberties.

(b)

Participation in a multiagency criminal intelligence system.

(c)

Submission of information into a multiagency criminal intelligence system or the receipt

of information from such a system, including any governing federal and state rules

and statutes.

(d)

The type of information appropriate for entry into a criminal intelligence system or

temporary information file.

(e)

The review and purging of temporary information files.

Policy

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Watch Commanders

420.1 PURPOSE AND SCOPE

Each patrol shift must be directed by supervisors who are capable of making decisions and

communicating in a manner consistent with Department policies, procedures, practices, functions

and objectives. To accomplish this goal, a Lieutenant heads each watch.

420.2 DESIGNATION AS ACTING WATCH COMMANDER

When a Lieutenant is unavailable for duty as Watch Commander, in most instances the senior

qualified sergeant shall be designated as acting Watch Commander. This policy does not preclude

designating a less senior sergeant as an acting Watch Commander when operational needs

require or training permits.

Policy

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Mobile Audio Video

421.1 PURPOSE AND SCOPE

The West Jordan Police Department has equipped marked patrol cars with Mobile Audio Video

(MAV) recording systems to provide records of events and assist officers in the performance of

their duties. This policy provides guidance on the use of these systems.

421.1.1 DEFINITIONS

Definitions related to this policy include:

Activate - Any process that causes the MAV system to transmit or store video or audio data in

an active mode.

In-car camera system and Mobile Audio Video (MAV) system - Synonymous terms which refer

to any system that captures audio and video signals, that is capable of installation in a vehicle,

and that includes at minimum, a camera, microphone, recorder and monitor.

MAV technician - Personnel certified or trained in the operational use and repair of MAVs,

duplicating methods, storage and retrieval methods and procedures, and who have a working

knowledge of video forensics and evidentiary procedures.

Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable

media.

421.1 RECORDING MEDIA STORAGE AND INTEGRITY

Once submitted for storage, all recording media will be labeled and stored in a designated secure

area. All recording media that is not booked as evidence will be retained for a minimum of 180

days and disposed of in compliance with the established records retention schedule.

421.1.1 COPIES OF ORIGINAL RECORDING MEDIA

Original recording media shall not be used for any purpose other than for initial review by a

supervisor. Upon proper request, a copy of the original recording media will be made for use as

authorized in this policy.

Original recording media may only be released in response to a court order or upon approval by

the Chief of Police or the authorized designee. In the event that an original recording is released

to a court, a copy shall be made and placed in storage until the original is returned.

421.1.2 MAV RECORDINGS AS EVIDENCE

Officers who reasonably believe that a MAV recording is likely to contain evidence relevant to a

criminal offense, potential claim against the officer or against the West Jordan Police Department

should indicate this in an appropriate report. Officers should ensure relevant recordings are

preserved.

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421.2 POLICY

It is the policy of the West Jordan Police Department to use mobile audio and video technology to

more effectively fulfill the department’s mission and to ensure these systems are used securely

and efficiently.

421.3 OFFICER RESPONSIBILITIES

Prior to going into service, each officer who has been issued MAV equipment will properly equip

him/herself to record audio and video in the field. At the end of the shift, each officer will follow the

established procedures for providing to the Department any recordings or used media and any

other related equipment. Each officer should have adequate recording media for the entire duty

assignment. In the event an officer works at a remote location and reports in only periodically,

additional recording media may be issued. Only West Jordan Police Department identified and

labeled media with tracking numbers is to be used.

At the start of each shift, officers should test the MAV system’s operation in accordance with

manufacturer specifications and department operating procedures and training.

System documentation is accomplished by the officer recording his/her name, serial number,

badge or PIN number and the current date and time at the start and again at the end of each shift,

if the system does not automatically record this information. If the system is malfunctioning, the

officer shall notify a supervisor as soon as practical..

421.4 ACTIVATION OF THE MAV

The MAV system is designed to turn on whenever the unit’s emergency lights are activated. The

system remains on until it is turned off manually. The audio portion is independently controlled and

should be activated manually by the officer whenever appropriate. When audio is being recorded,

the video will also record.

421.4.1 REQUIRED ACTIVATION OF MAV

This policy is not intended to describe every possible situation in which the MAV system may be

used, although there are many situations where its use is appropriate. An officer may activate the

system any time the officer believes it would be appropriate or valuable to document an incident.

In some circumstances it is not possible to capture images of the incident due to conditions or

the location of the camera. However, the audio portion can be valuable evidence and is subject

to the same activation requirements as the MAV. The MAV system should be activated in any of

the following situations:

(a) All field contacts involving actual or potential criminal conduct, within video or audio

range:

1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist

assistance and all crime interdiction stops)

2. Priority responses

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3. Vehicle pursuits

4. Suspicious vehicles

5. Arrests

6. Vehicle searches

7. Physical or verbal confrontations or use of force

8. Pedestrian checks

9. DUI investigations including field sobriety tests

10. Consensual encounters

11. Crimes in progress

12. Responding to an in-progress call

(b) All self-initiated activity in which an officer would normally notify Dispatch

and/or prosecution of a suspect:

1. Domestic violence calls

2. Disturbance of peace calls

3. Offenses involving violence or weapons

(d) Any other contact that becomes adversarial after the initial contact, in a situation that

would not otherwise require recording

(e) Any other circumstance where the officer believes that a recording of an incident would

be appropriate

421.4.1 CESSATION OF RECORDING

Once activated, the MAV system should remain on until the incident has concluded. For purposes

of this section, conclusion of an incident has occurred when all arrests have been made, arrestees

have been transported and all witnesses and victims have been interviewed. An officer may cease

recording:

1. To consult with a supervisor or other officer.

2. During significant periods of inactivity.

3. During a conversation with a sensitive victim of a crime, a witness of a crime, or

an individual who wishes to report or discuss criminal activity, if requested by the

individual and deemed appropriate by the officer.

When deactivation occurs during an incident the officer should document the reason or

deactivation in the incident report.

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421.4.4 SUPERVISOR RESPONSIBILITIES

Supervisors should determine if vehicles with non-functioning MAV systems should be placed into

service. If these vehicles are placed into service, the appropriate documentation should be made..

At reasonable intervals, supervisors should validate that:

(a) Beginning and end-of-shift recording procedures are followed.

(b) Logs reflect the proper chain of custody, including:

1. The tracking number of the MAV system media.

2. The date it was issued.

3. The law enforcement operator or the vehicle to which it was issued.

4. The date it was submitted.

5. Law enforcement operators submitting the media.

6. Holds for evidence indication and tagging as required.

When an incident arises that requires the immediate retrieval of the recorded media (e.g.,

serious crime scenes, officer-involved shootings, department-involved collisions), a supervisor

shall respond to the scene and ensure that the appropriate supervisor, MAV technician or crime

scene investigator properly retrieves the recorded media. The media may need to be treated as

evidence and should be handled in accordance with current evidence procedures for recorded

media.

Supervisors may activate the MAV system remotely to monitor a developing situation, such as a

chase, riot or an event that may threaten public safety, officer safety or both, when the purpose

is to obtain tactical information to assist in managing the event. Supervisors shall not remotely

activate the MAV system for the purpose of monitoring the conversations or actions of an officer.

421.4.4 WHEN ACTIVATION IS NOT REQUIRED

Activation of the MAV system is not required when exchanging information with other officers or

during breaks, lunch periods, when not in service or actively on patrol.

No member of this department may surreptitiously record a conversation of any other member of

this department except with a court order or when lawfully authorized by the Chief of Police or the

authorized designee for the purpose of conducting a criminal or administrative investigation.

421.5 REVIEW OF MAV RECORDINGS

All recording media, recorded images and audio recordings are the property of the Department.

Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required

by law.

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To prevent damage to, or alteration of, the original recorded media, it shall not be copied, viewed

or otherwise inserted into any device not approved by the department MAV technician or forensic

media staff. When reasonably possible, a copy of the original media shall be used for viewing

(unless otherwise directed by the courts) to preserve the original media.

Recordings may be reviewed in any of the following situations:

(a) For use when preparing reports or statements

(b) By a supervisor investigating a specific act of officer conduct or for quality assurance

(d) To assess proper functioning of MAV systems

(e) By a department investigator, after approval of a supervisor, who is participating in

an official investigation, such as a personnel complaint, administrative inquiry or a

criminal investigation

(f) By department personnel who request to review recordings

(g) By an officer who is captured on or referenced in the video or audio data and reviews

and uses such data for any purpose relating to his/her employment

(h) By court personnel through proper process or with permission of the Chief of Police

or the authorized designee

(i) By the media through proper process or with permission of the Chief of Police or the

authorized designee

(j) To assess possible training value

(k) Recordings may be shown for training purposes. If an involved officer objects to

showing a recording, his/her objection will be submitted to the staff to determine if the

training value outweighs the officer's objection

Employees desiring to view any previously uploaded or archived MAV recording should submit a

request in writing to the Watch Commander. Approved requests should be forwarded to the MAV

technician for processing.

In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing

any employee.

421.6 DOCUMENTING MAV USE

If any incident is recorded with either the video or audio system, the existence of that recording

shall be documented in the officer's report. If a citation is issued, the officer shall make a notation

on the back of the records copy of the citation indicating that the incident was recorded.

421.9 MAV TECHNICIAN RESPONSIBILITIES

The MAV technician is responsible for:

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(a) Ordering, issuing, retrieving, storing, erasing and duplicating of all recorded media.

(b) Collecting all completed media for oversight and verification of wireless downloaded

media. Once collected, the MAV technician:

1. Ensures it is stored in a secure location with authorized controlled access.

2. Makes the appropriate entries in the chain of custody log.

1. Pursuant to a court order.

2. In accordance with established records retention policies, including reissuing all

other media deemed to be of no evidentiary value.

(d) Assigning all media an identification number prior to issuance to the field:

1. Maintaining a record of issued media.

(e) Ensuring that an adequate supply of recording media is available.

(f) Managing the long-term storage of media that has been deemed to be of evidentiary

value in accordance with the department evidence storage protocols and the records

retention schedule.

421.10 SYSTEM OPERATIONAL STANDARDS

(a) MAV system vehicle installations should be based on officer safety requirements and

the vehicle and device manufacturer’s recommendations.

(b) The MAV system should be configured to minimally record for 30 seconds prior to an

event.

activation.

(d) Unless the transmitters being used are designed for synchronized use, only one

transmitter, usually the primary initiating officer’s transmitter, should be activated at a

scene to minimize interference or noise from other MAV transmitters.

(e) Officers using digital transmitters that are synchronized to their individual MAV shall

activate both audio and video recordings when responding in a support capacity. This

is to obtain additional perspectives of the incident scene.

(f) With the exception of law enforcement radios or other emergency equipment, other

electronic devices should not be used inside MAV-equipped law enforcement vehicles

to minimize the possibility of causing electronic or noise interference with the MAV

system.

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(g) Officers shall not erase, alter, reuse, modify or tamper with MAV recordings. Only

a supervisor, MAV technician or other authorized designee may erase and reissue

previous recordings and may only do so pursuant to the provisions of this policy.

(h) To prevent damage, original recordings shall not be viewed on any equipment other

than the equipment issued or authorized by the MAV technician.

421.10 TRAINING

All members who are authorized to use the MAV system shall successfully complete an approved

course of instruction prior to its use.

Policy

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Mobile Digital Terminal Use

422.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the proper access, use and application of

the Mobile Digital Terminal (MDT) system in order to ensure appropriate access to confidential

records from local, state and national law enforcement databases, and to ensure effective

electronic communications between department members and Dispatch.

422.2 POLICY

West Jordan Police Department members using the MDT shall comply with all appropriate federal

and state rules and regulations and shall use the MDT in a professional manner, in accordance

with this policy.

422.3 PRIVACY EXPECTATION

Members forfeit any expectation of privacy with regard to messages accessed, transmitted,

received or reviewed on any department technology system (see the Information Technology Use

Policy for additional guidance).

422.4 RESTRICTED ACCESS AND USE

MDT use is subject to the Information Technology Use and Protected Information policies.

Members shall not access the MDT system if they have not received prior authorization and the

required training. Members shall immediately report unauthorized access or use of the MDT by

another member to their supervisors or Watch Commanders.

Use of the MDT system to access law enforcement databases or transmit messages is restricted

to official activities, business-related tasks and communications that are directly related to the

business, administration or practices of the Department. In the event that a member has questions

about sending a particular message or accessing a particular database, the member should seek

prior approval from his/her supervisor.

Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any

other inappropriate messages on the MDT system is prohibited and may result in discipline.

It is a violation of this policy to transmit a message or access a law enforcement database under

another member’s name or to use the password of another member to log in to the MDT system

unless directed to do so by a supervisor. Members are required to log off the MDT or secure

the MDT when it is unattended. This added security measure will minimize the potential for

unauthorized access or misuse.

422.4.1 USE WHILE DRIVING

Use of the MDT by the vehicle operator should be limited to times when the vehicle is stopped.

Information that is required for immediate enforcement, investigative, tactical or safety needs

should be transmitted over the radio.

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In no case shall an operator attempt to send or review lengthy messages while the vehicle is in

motion.

422.5 DOCUMENTATION OF ACTIVITY

Except as otherwise directed by the Watch Commander or other department-established protocol,

all calls for service assigned by a dispatcher should be communicated by voice over the police

radio and electronically via the MDT unless security or confidentiality prevents such broadcasting.

MDT and voice transmissions are used to document the member's daily activity. To ensure

accuracy:

(a) All contacts or activity shall be documented at the time of the contact.

(b) Whenever the activity or contact is initiated by voice, it should be documented by

a dispatcher.

it via the MDT.

422.5.1 STATUS CHANGES

All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over

the police radio or through the MDT system.

Members responding to in-progress calls should advise changes in status over the radio to

assist other members responding to the same incident. Other changes in status can be made on

the MDT when the vehicle is not in motion.

422.5.2 EMERGENCY ACTIVATION

If there is an emergency activation and the member does not respond to a request for confirmation

of the need for emergency assistance or confirms the need, available resources will be sent to

assist in locating the member. If the location is known, the nearest available officer should respond

in accordance with the Officer Response to Calls Policy.

Members should ensure a field supervisor and the Watch Commander are notified of the incident

without delay.

Officers not responding to the emergency shall refrain from transmitting on the police radio until

a no-further-assistance broadcast is made or if they are also handling an emergency.

422.6 EQUIPMENT CONSIDERATIONS

422.6.1 MALFUNCTIONING MDT

Whenever possible, members will not use vehicles with malfunctioning MDTs. Whenever

members must drive a vehicle in which the MDT is not working, they shall notify Dispatch. It shall

be the responsibility of the dispatcher to document all information that will then be transmitted

verbally over the police radio.

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422.6.2 BOMB CALLS

When investigating reports of possible bombs, members should not communicate on their MDTs

when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDT

could cause some devices to detonate.

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Portable Audio/Video Recorders

423.1 PURPOSE AND SCOPE

This policy provides guidelines for the use of portable audio/video recording devices by members

of this department while in the performance of their duties. Portable audio/video recording

devices include all recording systems whether body-worn, hand held or integrated into portable

equipment (Utah Code 77-7a-102).

This policy does not apply to mobile audio/video recordings, interviews or interrogations

conducted at any West Jordan Police Department facility, undercover operations, wiretaps or

eavesdropping (concealed listening devices).

Additional guidance regarding the use of body-worn cameras during the execution of a warrant

is found in the Warrant Service Policy.

423.2 POLICY

The West Jordan Police Department may provide members with access to portable recorders,

either audio or video or both, for use during the performance of their duties. The use of recorders

is intended to enhance the mission of the Department by accurately capturing contacts between

members of the Department and the public.

423.3 COORDINATOR

The Chief of Police or the authorized designee should designate a coordinator responsible for

establishing procedures for (Utah Code 77-7a-102):

(a) The security, storage and maintenance of data and recordings.

(b) Accessing data and recordings.

(d) Transferring, downloading, tagging or marking events.

423.4 MEMBER PRIVACY EXPECTATION

All recordings made by members on any department-issued device at any time, and any recording

made while acting in an official capacity of this department, regardless of ownership of the device

it was made on, shall remain the property of the Department. Members shall have no expectation

of privacy or ownership interest in the content of these recordings.

423.5 MEMBERS ASSIGNED BODY-WORN CAMERAS

Prior to going into service, each uniformed member assigned a body-worn camera, will be

responsible for making sure that he/she is equipped with the camera, and that the camera is

in good working order. If the camera is not in working order or the member becomes aware

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of a malfunction at any time, the member shall promptly report the failure to his/her supervisor

and obtain a functioning device as soon as reasonably practicable. Uniformed members should

conspicuously wear the body-worn camera or otherwise notify persons that they are being

recorded, whenever reasonably practicable (Utah Code 77-7a-104; Utah Code 77-7a-105).

Members should document the existence of a recording in any report or other official record of the

contact, including any instance where the recorder malfunctioned or the member deactivated the

recording. Members should include the reason for deactivation (Utah Code 77-7a-104).

423.6 ACTIVATION OF BODY-WORN CAMERAS

This policy is not intended to describe every possible situation in which the body-worn camera

should be used, although there are many situations where its use is appropriate. Members should

activate the camera any time the member believes it would be appropriate or valuable to record

an incident.

The body-worn camera shall be activated in any of the following situations (Utah Code 77-7a-103;

Utah Code 77-7a-104):

(a) All enforcement and investigative contacts including stops and field interview

situations

(b) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance

and all crime interdiction stops

(d) Any other contact that becomes adversarial after the initial contact in a situation that

would not otherwise require recording

(e) Any use of force

(f) Dispatched calls for service

(g) Execution of a warrant

Members should remain sensitive to the dignity of all individuals being recorded and exercise

sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to

the member that such privacy may outweigh any legitimate law enforcement interest in recording.

Requests by members of the public to stop recording should be considered using this same

criterion. Recording should resume when privacy is no longer at issue unless the circumstances

no longer fit the criteria for recording.

At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder

or change the recording media (Utah Code 77-7a-102). However, the recorder should be activated

in situations described above as soon as reasonably practicable (Utah Code 77-7a-104).

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423.6.1 CESSATION OF RECORDING

Once activated, the portable recorder should remain on continuously until the member reasonably

believes his/her direct participation in the incident is complete or the situation no longer fits the

criteria for activation. Recording may be stopped (Utah Code 77-7a-104):

(a) During significant periods of inactivity such as report writing or other breaks from direct

participation in the incident, including consultation with a supervisor or other officer.

(b) When speaking with a victim, witness, or person wishing to report or discuss criminal

activity if both of the following apply:

1. The subject of the recording requests deactivation.

2. The member believes the value of the information outweighs the value of the

potential recording.

1. The member is conducting an evidence-based lethality assessment.

2. The victim or the member believes that deactivating the body-worn camera

recording will either:

(a) Encourage complete and accurate information sharing by the victim, or

(b) Is necessary to protect the safety or identity of the victim.

3. The body-worn camera is reactivated as soon as reasonably possible after the

evidence-based lethality assessment is complete.

The member should record the request to deactivate the portable recorder. A member should

document any instance where he/she should have activated his/her body-worn camera but failed

to do so, and the reason for the failure (Utah Code 77-7a-104).

423.6.2 SURREPTITIOUS USE OF THE PORTABLE RECORDER

Utah law permits an individual to surreptitiously record any conversation in which one party to the

conversation has given his/her permission (Utah Code 77-23a-4).

Members of the Department may surreptitiously record any conversation during the course of a

criminal investigation in which the member reasonably believes that such a recording will be lawful

and beneficial to the investigation.

Members shall not surreptitiously record another department member without a court order unless

lawfully authorized by the Chief of Police or the authorized designee.

423.6.3 EXPLOSIVE DEVICE

Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio

waves that could trigger an explosive device. Therefore, these devices should not be used where

an explosive device may be present.

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423.7 PROHIBITED USE OF PORTABLE RECORDERS

Members are prohibited from using department-issued portable recorders and recording media

for personal use and are prohibited from making personal copies of recordings created while on-

duty or while acting in their official capacity. Members may not alter or delete a recording captured

on a portable recorder (Utah Code 77-7a-106).

Members are also prohibited from retaining recordings of activities or information obtained

while on-duty whether the recording was created with a department-issued or personally

owned recorder. Members shall not duplicate or distribute such recordings, except for

authorized legitimate department business purposes. All such recordings shall be retained at the

Department (Utah Code 77-7a-106).

Members are prohibited from using personally owned recording devices while on-duty without the

express consent of the Watch Commander. Any member who uses a personally owned recorder

for department-related activities shall comply with the provisions of this policy, including retention

and release requirements, and should notify the on-duty supervisor of such use as soon as

reasonably practicable.

Recordings shall not be used by any member for the purpose of embarrassment, harassment or

ridicule.

423.8 IDENTIFICATION AND PRESERVATION OF RECORDINGS

To assist with identifying and preserving data and recordings members should download, tag or

mark these in accordance with procedure and document the existence of the recording in any

related case report.

A member should transfer, tag or mark recordings when the member reasonably believes:

(a) The recording contains evidence relevant to potential criminal, civil or administrative

matters.

(b) A complainant, victim or witness has requested non-disclosure.

of the recording may endanger the person.

(d) Disclosure may be an unreasonable violation of someone’s privacy.

(e) Medical or mental health information is contained.

(f) Disclosure may compromise an under-cover officer or confidential informant.

(g) Recorded content contains sound or images from a residence (Utah Code 63G-2-302).

(h) Recorded content contains sound or images from a hospital, health care facility,

human service program or the clinic of a health care provider (Utah Code 63G-2-305).

Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal

matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence

of the recording.

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423.9 RETENTION OF RECORDINGS

All recordings shall be retained for a period consistent with the requirements of the established

records retention schedule and as required by any applicable federal, state and local law (Utah

Code 77-7a-107).

423.9.1 RELEASE OF AUDIO/VIDEO RECORDINGS

Requests for the release of audio/video recordings shall be processed in accordance with the

Records Maintenance and Release Policy.

423.10 REVIEW OF RECORDED MEDIA FILES

When preparing written reports, members should review their recordings as a resource (see the

Officer-Involved Shootings and Deaths Policy for guidance in those cases). However, members

shall not retain personal copies of recordings. Members should not use the fact that a recording

was made as a reason to write a less detailed report.

Supervisors are authorized to review relevant recordings any time they are investigating alleged

misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in

reviewing the member’s performance.

Recorded files may also be reviewed:

(a)

Upon approval by a supervisor, by any member of the Department who is participating

in an official investigation, such as a personnel complaint, administrative investigation

or criminal investigation.

(b)

Pursuant to lawful process or by court personnel who are otherwise authorized to

review evidence in a related case.

(c)

By media personnel with permission of the Chief of Police or the authorized designee.

(d)

In compliance with a public records request, if permitted, and in accordance with the

Records Maintenance and Release Policy.

All recordings should be reviewed by the Custodian of Records prior to public release (see the

Records Maintenance and Release Policy). Recordings that unreasonably violate a person’s

privacy or sense of dignity should not be publicly released unless disclosure is required by law

or order of the court.

423.11 PUBLIC ACCESS

The Records Manager should ensure that this policy is available to the public in written format as

well as published to the department website (Utah Code 77-7a-105).

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Public Recording of Law Enforcement Activity

424.1 PURPOSE AND SCOPE

This policy provides guidelines for handling situations in which members of the public photograph

or audio/video record law enforcement actions and other public activities that involve members

of this department. In addition, this policy provides guidelines for situations where the recordings

may be evidence.

424.2 POLICY

The West Jordan Police Department recognizes the right of persons to lawfully record members

of this department who are performing their official duties. Members of this department will not

prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to

be evidence of a crime or relevant to an investigation will only be collected or seized lawfully.

Officers should exercise restraint and should not resort to highly discretionary arrests for offenses

such as interference, failure to comply or disorderly conduct as a means of preventing someone

from exercising the right to record members performing their official duties.

424.3 RECORDING LAW ENFORCEMENT ACTIVITY

Members of the public who wish to record law enforcement activities are limited only in certain

aspects.

(a) Recordings may be made from any public place or any private property where the

individual has the legal right to be present.

(b) Beyond the act of photographing or recording, individuals may not interfere with the

law enforcement activity. Examples of interference include, but are not limited to:

1. Tampering with a witness or suspect.

2. Inciting others to violate the law.

3. Being so close to the activity as to present a clear safety hazard to the officers.

4. Being so close to the activity as to interfere with an officer’s effective

communication with a suspect or witness.

(d) Recording the actions of an officer does not by itself constitute a crime of

interference, willful resistance, disorderly conduct or obstruction of justice (Utah Code

76-8-305).

424.4 OFFICER RESPONSE

Officers should promptly request that a supervisor respond to the scene whenever it appears

that anyone recording activities may be interfering with an investigation or it is believed that the

recording may be evidence. If practicable, officers should wait for the supervisor to arrive before

taking enforcement action or seizing any cameras or recording media.

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Whenever practicable, officers or supervisors should give clear and concise warnings to

individuals who are conducting themselves in a manner that would cause their recording or

behavior to be unlawful. Accompanying the warnings should be clear directions on what an

individual can do to be compliant; directions should be specific enough to allow compliance. For

example, rather than directing an individual to clear the area, an officer could advise the person

that he/she may continue observing and recording from the sidewalk across the street.

If an arrest or other significant enforcement activity is taken as the result of a recording that

interferes with law enforcement activity, officers shall document in a report the nature and extent

of the interference or other unlawful behavior and the warnings that were issued.

424.5 SUPERVISOR RESPONSIBILITIES

A supervisor should respond to the scene when requested or any time the circumstances indicate

a likelihood of interference or other unlawful behavior.

The supervisor should review the situation with the officer and:

(a) Request any additional assistance as needed to ensure a safe environment.

(b) Take a lead role in communicating with individuals who are observing or recording

regarding any appropriate limitations on their location or behavior. When practical, the

encounter should be recorded.

change of location or behavior.

(d) Ensure that any enforcement, seizure or other actions are consistent with this policy

and constitutional and state law.

(e) Explain alternatives for individuals who wish to express concern about the conduct of

Department members, such as how and where to file a complaint.

424.6 SEIZING RECORDINGS AS EVIDENCE

Officers should not seize recording devices or media unless (42 USC § 2000aa):

(a) There is probable cause to believe the person recording has committed or is

committing a crime to which the recording relates, and the recording is reasonably

necessary for prosecution of the person.

1. Absent exigency or consent, a warrant should be sought before seizing or

viewing such recordings. Reasonable steps may be taken to prevent erasure of

the recording.

(b) There is reason to believe that the immediate seizure of such recordings is necessary

to prevent serious bodily injury or death of any person.

1. To ensure that the consent is voluntary, the request should not be made in a

threatening or coercive manner.

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2. If the original recording is provided, a copy of the recording should be provided

to the recording party, if practicable. The recording party should be permitted to

be present while the copy is being made, if feasible. Another way to obtain the

evidence is to transmit a copy of the recording from a device to a department-

owned device.

Recording devices and media that are seized will be submitted within the guidelines of the Property

and Evidence Policy.

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Bicycle Patrol Unit

425.1 PURPOSE AND SCOPE

The West Jordan Police Department has established the Bicycle Patrol Unit (BPU) for the purpose

of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective way

to increase officer visibility in congested areas. The quiet operation of the bicycles also can provide

a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines for

the safe and effective operation of the patrol bicycle.

425.2 POLICY

Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control or special

events. The use of the patrol bicycle will emphasize officers mobility and visibility to the community.

Bicycles may be deployed to any area at all hours of the day or night, according to Department

needs and as staffing levels allow.

Requests for specific deployment of bicycle patrol officers shall be coordinated through the Bicycle

Patrol Unit supervisor or the Watch Commander.

425.3 SELECTION OF PERSONNEL

Interested sworn personnel, who are off probation, shall submit a request to their appropriate

Division Chief. A copy will be forwarded to the BPU supervisor. Qualified applicants may be invited

to an oral interview. The oral board will consist of the BPU supervisor and a second person to be

selected by the BPU supervisor. Interested personnel shall be evaluated by the following criteria:

(a) Recognized competence and ability as evidenced by performance.

(b) Special skills or training as it pertains to the assignment.

(d) Willingness to perform duties using the bicycle as a mode of transportation.

425.3.1 BICYCLE PATROL UNIT SUPERVISOR

The Bicycle Patrol Unit supervisor will be selected from the rank of sergeant by the Patrol Division

Chief or designee.

The Bicycle Patrol Unit supervisor shall have responsibility for the following:

(a) Organizing bicycle patrol training.

(b) Inspecting and maintaining inventory of patrol bicycles and program equipment.

(d) Evaluating performance of bicycle officers.

(e) Coordinating activities with the Patrol Division.

(f) Other activities as required to maintain the efficient operation of the Bicycle Patrol Unit.

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425.4 TRAINING

Participants in the program must successfully complete the Utah POST 32-hour basic training

course or a Department-approved bicycle-training course after acceptance into the program.

Thereafter bicycle patrol officers should receive yearly in-service training to improve skills and

refresh safety, health and operational procedures. The initial training shall minimally include the

following:

•

Bicycle patrol strategies

•

Bicycle safety and accident prevention

•

Operational tactics using bicycles

Bicycle patrol officers will be required to qualify with their duty firearm while wearing bicycle safety

equipment including the helmet and riding gloves.

425.5 UNIFORMS AND EQUIPMENT

Officers shall wear the Department-approved uniform and safety equipment while operating

the department bicycle. Safety equipment includes Department-approved helmet, riding gloves,

protective eyewear and approved footwear.

The bicycle patrol unit uniform consists of the standard short-sleeve uniform shirt or other

department-approved shirt with Department badge and patches and department-approved bicycle

patrol pants or shorts.

Optional equipment includes a radio head set and microphone. In colder weather a jacket may be

worn. Turtleneck shirts or sweaters are permitted when worn under the uniform shirt.

Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would

on a regular patrol assignment.

Officers will be responsible for obtaining the necessary forms, citation books and other department

equipment needed while on bicycle patrol.

The bicycle patrol uniform may only be worn during authorized bicycle patrol shifts, patrol shifts

when the use of a patrol bicycle has been approved by the watch commander, or other events as

authorized by the Bicycle Patrol Unit Supervisor.

425.6 CARE AND USE OF PATROL BICYCLES

(a) Officers will be assigned a specially marked and equipped patrol bicycle, attached

gear bag, two batteries and a charger.

(b) Bicycles utilized for uniformed bicycle patrol shall be primarily black or white with a

Police decal affixed to each side of the crossbar or the bike’s saddlebag. Every such

bicycle shall be equipped with front and rear reflectors, and front lights satisfying the

requirements of Utah Code 41-6a-1114.

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or saddle bag(s) sufficient to carry all necessary equipment to handle routine patrol

calls, including report writing, vehicle storage and citations.

(d) Each bicycle gear bag shall include a first aid kit, tire pump, repair tool, tire tube,

security lock, equipment information and use manuals. These items are to remain with/

on the bicycle at all times.

(e) Bicycle officers shall conduct an inspection of the bicycle and equipment prior to

use to verify proper working order of the equipment. Officers are responsible for the

routine care and maintenance of their assigned equipment (e.g., tire pressure, chain

lubrication, overall cleaning).

(f) If a needed repair is beyond the ability of the bicycle officer, a repair work order will

be completed and forwarded to the program supervisor for repair by an approved

technician.

(g) Each bicycle will have scheduled maintenance twice yearly to be performed by a

Department-approved repair shop/technician.

(h) At the end of a bicycle assignment, the bicycle shall be returned clean and ready for

the next tour of duty.

(i) Electric patrol bicycle batteries shall be rotated on the assigned charger at the end

of each tour of duty. During prolonged periods of non-use, each officer assigned an

electric bicycle shall periodically rotate the batteries on the respective charges to

increase battery life.

(j) Officers shall not modify the patrol bicycle, remove, modify or add components except

with the expressed approval of the bicycle supervisor or in the event of an emergency.

(k) Vehicle bicycle racks are available should the officer need to transport the patrol

bicycle. Due to possible component damage, transportation of the patrol bicycle in a

trunk or on a patrol car push-bumper is discouraged.

(l) Bicycles shall be properly secured when not in the officer’s immediate possession.

425.7 OFFICER RESPONSIBILITY

Officers must operate the bicycle in compliance with the Utah Code under normal operation.

Officers may operate the bicycle without lighting equipment during hours of darkness when such

operation reasonably appears necessary for officer safety and tactical considerations. Officers

must use caution and care when operating the bicycle without lighting equipment.

Officers are exempt from the rules of the road under the following conditions:

(a)

In response to an emergency call.

(b)

While engaged in rescue operations.

(c)

In the immediate pursuit of an actual or suspected violator of the law.

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Foot Pursuits

426.1 PURPOSE AND SCOPE

This policy provides guidelines to assist officers in making the decision to initiate or continue the

pursuit of suspects on foot.

426.2 POLICY

It is the policy of the department that officers, when deciding to initiate or continue a foot pursuit,

must continuously balance the objective of apprehending the suspect with the risk and potential

for injury to department members, the public or the suspect.

Officers are expected to act reasonably, based on the totality of the circumstances.

426.3 DECISION TO PURSUE

The safety of department members and the public should be the primary consideration when

determining whether a foot pursuit should be initiated or continued. Officers must be mindful that

immediate apprehension of a suspect is rarely more important than the safety of the public and

department members.

Officers may be justified in initiating a foot pursuit of any individual that the officer reasonably

believes is about to engage in, is engaging in or has engaged in criminal activity. The decision

to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of

the circumstances presented at the time.

Mere flight by a person who is not suspected of criminal activity alone shall not serve as justification

for engaging in an extended foot pursuit without the development of reasonable suspicion of the

individual’s involvement in criminal activity or being wanted by law enforcement.

Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and

under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place

department members and the public at significant risk. Therefore, no officer or supervisor shall

be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived

risk involved.

If circumstances permit, surveillance and containment are generally the safest tactics for

apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer

should continuously consider reasonable alternatives to pursuit based upon the circumstances

and resources available, such as:

(a)

Containment of the area.

(b) Saturation of the area with law enforcement personnel, including assistance from other

agencies.

(c)

A canine search.

(d)

Thermal imaging or other sensing technology.

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(e)

Air support.

(f)

Apprehension at another time when the identity of the suspect is known or there is

information available that would likely allow for later apprehension, and the need to

immediately apprehend the suspect does not reasonably appear to outweigh the risk

of continuing the foot pursuit.

426.4 GENERAL GUIDELINES

When reasonably practicable, officers should consider alternatives to engaging in or continuing

a foot pursuit when:

(a)

Directed by a supervisor to terminate the foot pursuit; such an order shall be

considered mandatory.

(b)

The officer is acting alone.

(c)

Two or more officers become separated, lose visual contact with one another or

obstacles separate them to the degree that they cannot immediately assist each other

should a confrontation take place. In such circumstances it is generally recommended

that a single officer keep the suspect in sight from a safe distance and coordinate the

containment effort.

(d)

The officer is unsure of his/her location and direction of travel.

(e)

The officer is pursuing multiple suspects and it is not reasonable to believe that

the officer would be able to control the suspect should a confrontation occur.

(f)

The physical condition of the officer renders him/her incapable of controlling the

suspect if apprehended.

(g)

The officer loses radio contact with Dispatch or with backup officers.

(h)

The suspect enters a building, structure, confined space, wooded or otherwise isolated

area and there are insufficient officers to provide backup and containment. The primary

officer should consider discontinuing the pursuit and coordinate containment, pending

the arrival of sufficient resources.

(i)

The officer becomes aware of unanticipated or unforeseen circumstances that

unreasonably increase the risk to officers or the public.

(j)

The officer reasonably believes that the danger to the pursuing officers or public

outweighs the objective of immediate apprehension.

(k)

The officer loses possession of his/her firearm or other essential equipment.

(l)

The officer or a third party is injured during the pursuit, requiring immediate assistance

and there are no other emergency personnel able to render assistance.

(m)

The suspect’s location is no longer known.

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(n)

The identity of the suspect is established or other information exists that will allow

for the suspect’s apprehension at a later time and it reasonably appears that there

is no immediate threat to department personnel or the public if the suspect is not

immediately apprehended.

(o)

The officer’s ability to safely continue the pursuit is impaired by inclement weather,

darkness, or other conditions.

426.5 RESPONSIBILITIES IN FOOT PURSUITS

426.5.1 INITIATING OFFICER RESPONSIBILITIES

Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for

coordinating the progress of the pursuit. When acting alone and when practicable the initiating

officer should not attempt to overtake and confront the suspect but should attempt to keep the

suspect in sight until sufficient officers are present to safely apprehend the suspect.

Early communication of available information from the involved officers is essential so that

adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion.

Officers initiating a foot pursuit should broadcast the following information as soon as it becomes

practicable and available:

(a)

Location and direction of travel

(b)

Call sign identifier

(c)

Reason for the foot pursuit, such as the crime classification

(d)

Number of suspects and description, to include name if known

(e)

Whether the suspect is known or believed to be armed with a dangerous weapon

Officers should be mindful that radio transmissions made while running may be difficult to

understand and may need to be repeated.

Absent extenuating circumstances any officer unable to promptly and effectively broadcast this

information should terminate the pursuit. If the foot pursuit is discontinued for any reason,

immediate efforts for containment should be established and alternatives considered based upon

the circumstances and available resources.

When a foot pursuit terminates, the officer will notify communications with his/her location, the

status of the pursuit termination (e.g., suspect in custody, lost sight of suspect) and direct further

actions as reasonably appear necessary, to include requesting medical aid as needed for officers,

suspects or members of the public.

426.5.2 ASSISTING OFFICER RESPONSIBILITIES

Whenever any officer announces that he/she is engaged in a foot pursuit all other officers should

minimize non-essential radio traffic in order to permit the involved officers maximum access to

the radio frequency.

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426.5.3 SUPERVISOR RESPONSIBILITIES

Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to

ascertain sufficient information necessary to direct responding resources and to take command,

control and coordination of the foot pursuit. The supervisor should respond to the area whenever

possible; the supervisor does not, however, need to be physically present to exercise control over

the pursuit. The supervisor shall continuously assess the situation in order to ensure the foot

pursuit is conducted within established department guidelines.

The supervisor shall terminate the foot pursuit at any time he/she concludes that the danger to

pursuing officers or the public outweighs the objective of immediate apprehension of the suspect.

Upon the apprehension of the suspect the supervisor shall promptly proceed to the termination

point to direct the post-pursuit activity.

426.6 REPORTING REQUIREMENTS

The initiating officer shall complete appropriate crime/arrest reports documenting, at minimum:

(a)

Date and time of the foot pursuit.

(b)

Initial reason and circumstances surrounding the foot pursuit.

(d)

Alleged offenses.

(e)

Involved vehicles and officers.

(f)

Whether a suspect was apprehended as well as the means and methods used.

Any use of force shall be reported and documented in compliance with the Use

of Force Policy.

(g) Arrestee information, if applicable.

(h) Any injuries and/or medical treatment.

(i) Any property or equipment damage.

(j) Name of the supervisor at the scene or who handled the incident.

Assisting officers taking an active role in the apprehension of the suspect shall complete

supplemental reports as necessary or as directed.

The supervisor reviewing the report will make a preliminary determination that the pursuit appears

to be in compliance with this policy or that additional review and/or follow-up is warranted.

In any case in which a suspect is not apprehended and there is insufficient information to warrant

further investigation, a supervisor may authorize that the initiating officer need not complete a

formal report.

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Automated License Plate Readers (ALPRs)

427.1 PURPOSE AND SCOPE

Automated License Plate Reader (ALPR) technology, also known as License Plate Recognition,

provides automated detection of license plates. ALPRs are used by the West Jordan Police

Department to convert data associated with vehicle license plates for official law enforcement

purposes, including identifying stolen or wanted vehicles, stolen license plates and missing

persons. ALPRs may also be used to gather information related to active warrants, homeland

security, electronic surveillance, suspect interdiction and stolen property recovery.

427.2 ALPR OPERATION

Use of an ALPR is restricted to the purposes outlined below. Department personnel shall not use

or allow others to use, the equipment or database records for any unauthorized purpose.

(a)

An ALPR shall only be used for official and legitimate law enforcement business (Utah

Code 41-6a-2003).

(b)

An ALPR may be used in conjunction with any routine patrol operation or official

investigation. Reasonable suspicion or probable cause is not required before using

an ALPR.

(c)

While an ALPR may be used to canvass license plates around any crime scene,

particular consideration should be given to using ALPR-equipped cars to canvass

areas around homicides, shootings and other major incidents. Partial license plates

reported during major crimes should be entered into the ALPR system in an attempt

to identify suspect vehicles.

(d)

No member of this department shall operate ALPR equipment or access ALPR data

without first completing department-approved training.

(e)

If practicable, the officer should verify an ALPR response through the Utah Department

of Public Safety (DPS) law enforcement information system or other appropriate

database before taking enforcement action that is based solely upon an ALPR alert.

(f)

No ALPR operator may access the DPS database or other system unless otherwise

authorized to do so.

427.3 ALPR DATA COLLECTION AND RETENTION

All data and images gathered by an ALPR are for the official use of the West Jordan Police

Department and because such data may contain confidential information, it is not open to public

review. ALPR information gathered and retained by this department may be used and shared with

prosecutors or others only as permitted by law (Utah Code 41-6a-2004).

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The Administration Division Chief is responsible to ensure proper collection and retention of ALPR

data, and for transferring ALPR data stored in department vehicles to the department server on

a regular basis, not to exceed 30 days between transfers.

All ALPR data downloaded to the server should be stored for the minimum period established by

department records retention guidelines and thereafter should be purged unless it has become,

or it is reasonable to believe it will become, evidence in a criminal or civil action. In no event shall

data be maintained longer than nine months unless it is subject to a warrant, preservation request

or disclosure order (Utah Code 41-6a-2004). Data that will not be purged should be downloaded

from the server onto portable media and booked into evidence.

427.3.1 NON-GOVERNMENTAL AGENCY ALPR

ALPR data captured by a non-governmental agency device may only be obtained pursuant to a

warrant or a court order (Utah Code 41-6a-2005).

427.4 ACCOUNTABILITY AND SAFEGUARDS

All saved data will be closely safeguarded and protected by both procedural and technological

means. The West Jordan Police Department will observe the following safeguards regarding

access to and use of stored data:

(a) All non-law enforcement requests for access to stored ALPR data shall be referred to

the Records Manager and processed in accordance with applicable law.

(b) All ALPR data downloaded to the mobile workstation and server shall be accessible

only through a login/password-protected system capable of documenting all access

of information by name, date and time.

access the data for legitimate law enforcement purposes only, such as when the data

relate to a specific criminal investigation or department-related civil or administrative

action.

(d) Such ALPR data may be released to other authorized and verified law enforcement

officials and agencies at any time for legitimate law enforcement purposes.

(e) ALPR system audits should be conducted on a regular basis.

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Homeless Persons

428.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that personnel understand the needs and rights of the

homeless and to establish procedures to guide officers during all contacts with the homeless,

whether consensual or for enforcement purposes. The West Jordan Police Department recognizes

that members of the homeless community are often in need of special protection and services.

The West Jordan Police Department will address these needs in balance with the overall missions

of this department. Therefore, officers will consider the following when serving the homeless

community.

428.1.1 POLICY

It is the policy of the West Jordan Police Department to provide law enforcement services

to all members of the community while protecting the rights, dignity and private property of

the homeless. Homelessness is not a crime and members of this department will not use

homelessness solely as a basis for detention or law enforcement action.

428.2 HOMELESS COMMUNITY LIAISON

The Chief of Police will designate a member of this department to act as the Homeless Liaison

Officer. The responsibilities of the Homeless Liaison Officer include the following:

(a)

Maintain and make available to all department employees a list of assistance programs

and other resources that are available to the homeless.

(b)

Meet with Social Services and representatives of other organizations that render

assistance to the homeless.

(c)

Maintain a list of those areas within and near this jurisdiction that are used as frequent

homeless encampments.

(d)

Remain abreast of laws dealing with the removal and/or destruction of the personal

property of the homeless. This will include the following:

Proper posting of notices of trespass and clean-up operations.

Proper retention of property after clean-up, to include procedures for owners to

reclaim their property in accordance with the Property and Evidence Policy and

other established procedures.

(e)

Be present during any clean-up operation conducted by this department involving the

removal of personal property of the homeless to ensure the rights of the homeless

are not violated.

(f)

Develop training to assist officers in understanding current legal and social issues

relating to the homeless.

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428.3 FIELD CONTACTS

Officers are encouraged to contact the homeless for purposes of rendering aid, support and

for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer

from taking reasonable enforcement action when facts support a reasonable suspicion of criminal

activity. However, when encountering a homeless person who has committed a non-violent

misdemeanor and continued freedom is not likely to result in a continuation of the offense or a

breach of the peace officers are encouraged to consider long-term solutions to problems that may

relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest.

Officers should provide homeless persons with resource and assistance information whenever it

is reasonably apparent such services may be appropriate.

428.3.1 OTHER CONSIDERATIONS

Homeless members of the community will receive the same level and quality of service provided

to other members of the community. The fact that a victim or witness is homeless can, however,

require special considerations for a successful investigation and prosecution. Officers should

consider the following when handling investigations involving homeless victims, witnesses or

suspects:

(a)

Document alternate contact information. This may include obtaining addresses and

phone numbers of relatives and friends.

(b)

Document places the homeless person may frequent.

(c)

Provide homeless victims with victim/witness resources when appropriate.

(d)

Obtain statements from all available witnesses in the event a homeless victim is

unavailable for a court appearance.

(e)

Consider whether the person may be a dependent adult or elder and if so proceed in

accordance with the Adult Abuse Policy.

(f)

Arrange for transportation for investigation related matters, such as medical exams

and court appearances.

(g)

Consider whether a crime should be reported and submitted for prosecution even

when a homeless victim indicates he/she does not desire prosecution.

428.4 PERSONAL PROPERTY

The personal property of homeless persons must not be treated differently than the property

of other members of the public. Officers should use reasonable care when handling, collecting

and retaining the personal property of homeless persons and should not destroy or discard the

personal property of a homeless person.

When a homeless person is arrested, or otherwise removed from a public place, officers should

make reasonable accommodations to permit the person to lawfully secure his/her personal

property. Otherwise, the personal property should be collected for safekeeping. If the arrestee

has more personal property than can reasonably be collected and transported by the officer, a

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supervisor should be consulted. The property should be photographed and measures should be

taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the

removal and safekeeping of the property.

Officers should not conduct or assist in clean-up operations of belongings that reasonably appear

to be the property of homeless persons without the prior authorization of a supervisor or the

department Homeless Liaison Officer. When practicable, requests by the public for clean-up

operations of a homeless encampment should be referred to the Homeless Liaison Officer.

Officers who encounter unattended encampments, bedding or other personal property in public

areas that reasonably appears to belong to a homeless person should not remove or destroy such

property and should inform the department Homeless Liaison Officer if such property appears

to involve a trespass, blight to the community or is the subject of a complaint. It will be the

responsibility of the Homeless Liaison Officer to address the matter in a timely fashion.

428.5 MENTAL ILLNESSES AND MENTAL IMPAIRMENTS

Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall

not detain a homeless person under a mental illness commitment unless facts and circumstances

warrant such a detention (see the Civil Commitments Policy).

When a mental illness hold is not warranted, the contacting officer should provide the

homeless person with contact information for mental health assistance as appropriate. In these

circumstances, officers may provide transportation to a mental health specialist if requested by

the person and approved by a supervisor.

428.6 ECOLOGICAL ISSUES

Sometimes homeless encampments can impact the ecology and natural resources of the

community and may involve criminal offenses beyond mere littering. Officers are encouraged to

notify other appropriate agencies or departments when a significant impact to the environment

has or is likely to occur. Significant impacts to the environment may warrant a crime report,

investigation, supporting photographs and supervisor notification.

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First Amendment Assemblies

429.1 PURPOSE AND SCOPE

This policy provides guidance for responding to public assemblies or demonstrations.

429.2 POLICY

The West Jordan Police Department respects the rights of people to peaceably assemble. It is

the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate

against persons engaged in the lawful exercise of their rights, while also preserving the peace,

protecting life and preventing the destruction of property.

429.3 GENERAL CONSIDERATIONS

Individuals or groups present on the public way, such as public facilities, streets or walkways,

generally have the right to assemble, rally, demonstrate, protest or otherwise express their views

and opinions through varying forms of communication, including the distribution of printed matter.

These rights may be limited by laws or ordinances regulating such matters as the obstruction

of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and

leafleting, and loitering. However, officers shall not take action or fail to take action based on the

opinions being expressed.

Participant behavior during a demonstration or other public assembly can vary. This may include,

but is not limited to:

•

Lawful, constitutionally protected actions and speech.

•

Civil disobedience (typically involving minor criminal acts).

•

Rioting.

All of these behaviors may be present during the same event. Therefore, it is imperative that law

enforcement actions are measured and appropriate for the behaviors officers may encounter. This

is particularly critical if force is being used. Adaptable strategies and tactics are essential. The

purpose of a law enforcement presence at the scene of public assemblies and demonstrations

should be to preserve the peace, to protect life and prevent the destruction of property.

Officers should not:

(a) Engage in assembly or demonstration-related discussion with participants.

(b) Harass, confront or intimidate participants.

officer is placing a person under lawful arrest.

Supervisors should continually observe department members under their commands to ensure

that members’ interaction with participants and their response to crowd dynamics is appropriate.

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429.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS

Photographs and video recording, when appropriate, can serve a number of purposes,

including support of criminal prosecutions by documenting criminal acts; assistance in evaluating

department performance; serving as training material; recording the use of dispersal orders; and

facilitating a response to allegations of improper law enforcement conduct.

Photographs and videos will not be used or retained for the sole purpose of collecting or

maintaining information about the political, religious or social views of associations, or the activities

of any individual, group, association, organization, corporation, business or partnership, unless

such information directly relates to an investigation of criminal activities and there is reasonable

suspicion that the subject of the information is involved in criminal conduct.

429.4 UNPLANNED EVENTS

When responding to an unplanned or spontaneous public gathering, the first responding officer

should conduct an assessment of conditions, including, but not limited to, the following:

•

Location

•

Number of participants

•

Apparent purpose of the event

•

Leadership (whether it is apparent and/or whether it is effective)

•

Any initial indicators of unlawful or disruptive activity

•

Indicators that lawful use of public facilities, streets or walkways will be impacted

•

Ability and/or need to continue monitoring the incident

Initial assessment information should be promptly communicated to Dispatch, and the assignment

of a supervisor should be requested. Additional resources should be requested as appropriate.

The responding supervisor shall assume command of the incident until command is expressly

assumed by another, and the assumption of command is communicated to the involved members.

A clearly defined command structure that is consistent with the Incident Command System (ICS)

should be established as resources are deployed.

429.5 PLANNED EVENT PREPARATION

For planned events, comprehensive, incident-specific operational plans should be developed. The

ICS should be considered for such events.

429.5.1 INFORMATION GATHERING AND ASSESSMENT

In order to properly assess the potential impact of a public assembly or demonstration on public

safety and order, relevant information should be collected and vetted. This may include:

•

Information obtained from outreach to group organizers or leaders.

•

Information about past and potential unlawful conduct associated with the event or

similar events.

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•

The potential time, duration, scope, and type of planned activities.

•

Any other information related to the goal of providing a balanced response to criminal

activity and the protection of public safety interests.

Information should be obtained in a transparent manner, and the sources documented. Relevant

information should be communicated to the appropriate parties in a timely manner.

Information will be obtained in a lawful manner and will not be based solely on the purpose or

content of the assembly or demonstration, or actual or perceived characteristics such as race,

ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic

status, age, cultural group, or disability of the participants (or any other characteristic that is

unrelated to criminal conduct or the identification of a criminal subject).

429.5.2 OPERATIONAL PLANS

An operational planning team with responsibility for event planning and management should be

established. The planning team should develop an operational plan for the event.

The operational plan will minimally provide for:

(a) Command assignments, chain of command structure, roles and responsibilities.

(b) Staffing and resource allocation.

(d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields).

(e) Deployment of specialized resources.

(f) Event communications and interoperability in a multijurisdictional event.

(g) Liaison with demonstration leaders and external agencies.

(h) Liaison with City government and legal staff.

(i) Media relations.

(j) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation.

(k) Traffic management plans.

(l) First aid and emergency medical service provider availability.

(m) Prisoner transport and detention.

(n) Review of policies regarding public assemblies and use of force in crowd control.

(o) Parameters for declaring an unlawful assembly.

(p) Arrest protocol, including management of mass arrests.

(q) Protocol for recording information flow and decisions.

(r) Rules of engagement, including rules of conduct, protocols for field force extraction

and arrests, and any authorization required for the use of force.

(s) Protocol for handling complaints during the event.

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(t) Parameters for the use of body-worn cameras and other portable recording devices.

429.5.3 MUTUAL AID AND EXTERNAL RESOURCES

The magnitude and anticipated duration of an event may necessitate interagency cooperation and

coordination. The assigned Incident Commander should ensure that any required memorandums

of understanding or other agreements are properly executed, and that any anticipated mutual aid

is requested and facilitated (see the Outside Agency Assistance Policy).

429.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS

If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably

imminent threat to persons or property, the Incident Commander should generally authorize

continued monitoring of the event.

Should the Incident Commander make a determination that public safety is presently or is about

to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event

organizers or participants to disperse of their own accord. Warnings and advisements may be

communicated through established communications links with leaders and/or participants or to

the group.

When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the

authorized designee should make a clear standardized announcement to the gathering that

the event is an unlawful assembly, and should order the dispersal of the participants. The

announcement should be communicated by whatever methods are reasonably available to ensure

that the content of the message is clear and that it has been heard by the participants. The

announcement should be amplified, made in different languages as appropriate, made from

multiple locations in the affected area and documented by audio and video. The announcement

should provide information about what law enforcement actions will take place if illegal behavior

continues and should identify routes for egress. A reasonable time to disperse should be allowed

following a dispersal order.

429.7 USE OF FORCE

Use of force is governed by current department policy and applicable law (see the Use of Force,

Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device

policies).

Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be

given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to

comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt

a reasonable response in order to accomplish the law enforcement mission (such as dispersal

or arrest of those acting in violation of the law). Control devices and Conducted Energy Device

(CED)s should be considered only when the participants’ conduct reasonably appears to present

the potential to harm officers, themselves or others, or will result in substantial property loss or

damage (see the Control Devices and Techniques and the Conducted Energy Device policies).

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Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals

and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due

to extreme circumstances, such as a riotous crowd.

Any use of force by a member of this department shall be documented promptly, completely and

accurately in an appropriate report. The type of report required may depend on the nature of the

incident.

429.8 ARRESTS

The West Jordan Police Department should respond to unlawful behavior in a manner that

is consistent with the operational plan. If practicable, warnings or advisements should be

communicated prior to arrest.

Mass arrests should be employed only when alternate tactics and strategies have been, or

reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the

order of the Incident Commander or the authorized designee. There must be probable cause for

each arrest.

If employed, mass arrest protocols should fully integrate:

(a) Reasonable measures to address the safety of officers and arrestees.

(b) Dedicated arrest, booking and report writing teams.

(d) Timely access to legal resources.

(e) Timely processing of arrestees.

(f) Full accountability for arrestees and evidence.

(g) Coordination and cooperation with the prosecuting authority, jail and courts (see the

Citation Releases Policy).

429.9 MEDIA RELATIONS

The Public Information Officer should use all available avenues of communication, including

press releases, briefings, press conferences and social media to maintain open channels of

communication with media representatives and the public about the status and progress of the

event, taking all opportunities to reassure the public about the professional management of the

event (see the Media Relations Policy).

429.10 DEMOBILIZATION

When appropriate, the Incident Commander or the authorized designee should implement a

phased and orderly withdrawal of law enforcement resources. All relieved personnel should

promptly complete any required reports, including use of force reports, and account for all issued

equipment and vehicles to their supervisors prior to returning to normal operational duties.

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429.11 POST EVENT

The Incident Commander should designate a member to assemble full documentation of the event,

to include the following:

(a) Operational plan

(b) Any incident logs

(d) Vehicle, fuel, equipment and supply records

(e) Incident, arrest, use of force, injury and property damage reports

(f) Photographs, audio/video recordings, Dispatch records/tapes

(g) Media accounts (print and broadcast media)

429.11.1 AFTER-ACTION REPORTING

The Incident Commander should work with City legal counsel, as appropriate, to prepare a

comprehensive after-action report of the event, explaining all incidents where force was used

including the following:

(a) Date, time and description of the event

(b) Actions taken and outcomes (e.g., injuries, property damage, arrests)

(d) Significant events

(e) Recommendations for improvement; opportunities for training should be documented

in a generic manner, without identifying individuals or specific incidents, facts or

circumstances.

429.12 TRAINING

Department members should receive periodic training regarding this policy, as well as the

dynamics of crowd control and incident management. The Department should, when practicable,

train with its external and mutual aid partners.

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Suspicious Activity Reporting

430.1 PURPOSE AND SCOPE

This policy provides guidelines for reporting and investigating suspicious and criminal activity.

430.1.1 DEFINITIONS

Definitions related to this policy include:

Involved party - An individual who has been observed engaging in suspicious activity, as defined

in this policy, when no definitive criminal activity can be identified, thus precluding the person’s

identification as a suspect.

Suspicious activity - Any reported or observed activity that a member reasonably believes may

have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism.

Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual

orientation, gender identity or expression, economic status, age, cultural group, or disability should

not be considered as factors that create suspicion (although these factors may be used as specific

suspect descriptions). Examples of suspicious activity may include but are not limited to:

•

Suspected pre-operational surveillance or intelligence gathering (e.g., photographing

security features, asking questions about sensitive security-related subjects).

•

Tests of security measures and response to incidents (e.g., “dry run,” creating false

alarms, attempts to enter secure areas without authorization).

•

Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such

as fertilizer, that could be used to create an explosive or other dangerous device).

•

An individual in possession of such things as a hoax explosive or dispersal

device, sensitive materials (e.g., passwords, access codes, classified government

information), or coded or ciphered literature or correspondence.

Suspicious Activity Report (SAR) - An incident report used to document suspicious activity.

430.2 POLICY

The West Jordan Police Department recognizes the need to protect the public from criminal

conduct and acts of terrorism and shall lawfully collect, maintain and disseminate information

regarding suspicious activities, while safeguarding civil liberties and privacy protections.

430.3 RESPONSIBILITIES

The Investigation Division Chief and authorized designees will manage SAR activities. Authorized

designees should include supervisors who are responsible for department participation in criminal

intelligence systems as outlined in the Criminal Organizations Policy.

The responsibilities of the Investigation Division Chief include, but are not limited to:

(a) Remaining familiar with those databases available to the Department that would

facilitate the purpose of this policy.

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(b) Maintaining adequate training in the area of intelligence gathering to ensure no

information is being maintained that would violate the law or civil rights of any

individual.

information. The process should be designed to promote efficient and quick reporting,

and should not be cumbersome, duplicative or complicated.

(d) Ensuring that members are made aware of the purpose and value of documenting

information regarding suspicious activity, as well as the databases and other

information resources that are available to the Department.

(e) Ensuring that SAR information is appropriately disseminated to members in

accordance with their job responsibilities.

(f) Coordinating investigative follow-up, if appropriate.

(g) Coordinating with any appropriate agency or fusion center.

(h) Ensuring that, as resources are available, the Department conducts outreach that is

designed to encourage members of the community to report suspicious activity and

that outlines what they should look for and how they should report it (e.g., website,

public service announcements).

430.4 REPORTING AND INVESTIGATION

Any department member receiving information regarding suspicious activity should take any

necessary immediate and appropriate action, including a request for tactical response or

immediate notification of specialized entities, when applicable. Any non-sworn member who

receives such information should ensure that it is passed on to an officer in a timely manner.

If the suspicious activity is not directly related to a reportable crime, the member should prepare

a SAR and include information about involved parties and the circumstances of the incident. If,

during any investigation, an officer becomes aware of suspicious activity that is unrelated to the

current investigation, the information should be documented separately in a SAR and not included

in the original incident report. The report number of the original incident should be included in the

SAR as a cross reference. A SAR should be processed as any other incident report.

430.5 HANDLING INFORMATION

The Records Bureau will forward copies of SARs, in a timely manner, to the following:

•

Detective Bureau supervisor

•

Crime Analysis Unit

•

Other authorized designees

Policy

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Civil Disputes

431.1 PURPOSE AND SCOPE

This policy provides members of the West Jordan Police Department with guidance for addressing

conflicts between persons when no criminal investigation or enforcement action is warranted (e.g.,

civil matters), with the goal of minimizing any potential for violence or criminal acts.

The Domestic Violence Policy will address specific legal mandates related to domestic violence

court orders. References in this policy to “court orders” apply to any order of a court that does not

require arrest or enforcement by the terms of the order or by Utah law.

431.2 POLICY

The West Jordan Police Department recognizes that a law enforcement presence at a civil

dispute can play an important role in the peace and safety of the community. Subject to available

resources, members of this department will assist at the scene of civil disputes with the primary

goal of safeguarding persons and property, preventing criminal activity and maintaining the peace.

When handling civil disputes, members will remain impartial, maintain a calm presence, give

consideration to all sides and refrain from giving legal or inappropriate advice.

431.3 GENERAL CONSIDERATIONS

When appropriate, members handling a civil dispute should encourage the involved parties to

seek the assistance of resolution services or take the matter to the civil courts. Members must not

become personally involved in disputes and shall at all times remain impartial.

While not intended to be an exhaustive list, members should give considerations to the following

when handling civil disputes:

(a) Civil disputes tend to be confrontational and members should be alert that they can

escalate to violence very quickly. De-escalation techniques should be used when

appropriate.

(b) Members should not dismiss alleged or observed criminal violations as a civil matter

and should initiate the appropriate investigation and report when criminal activity is

apparent.

inform the parties when they are at risk of violating criminal laws.

(d) Members are reminded that they shall not enter a residence or other non-public

location without legal authority including valid consent.

(e) Members should not take an unreasonable amount of time assisting in these matters

and generally should contact a supervisor if it appears that peacekeeping efforts longer

than 30 minutes are warranted.

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431.4 COURT ORDERS

Disputes involving court orders can be complex. Where no mandate exists for an officer to make an

arrest for a violation of a court order, the matter should be addressed by documenting any apparent

court order violation in a report. If there appears to be a more immediate need for enforcement

action, the investigating officer should consult a supervisor prior to making any arrest.

If a person appears to be violating the terms of a court order but is disputing the validity of the

order or its applicability, the investigating officer should document the following:

(a) The person’s knowledge of the court order or whether proof of service exists.

(b) Any specific reason or rationale the involved person offers for not complying with the

terms of the order.

A copy of the court order should be attached to the report when available. The report should be

forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing

the order with a notice that the report was also forwarded to the prosecutor for review.

431.4.1 STANDBY REQUESTS

Officers responding to a call for standby assistance to retrieve property should meet the person

requesting assistance at a neutral location to discuss the process. The person should be advised

that items that are disputed will not be allowed to be removed. The member may advise the person

to seek private legal advice as to the distribution of disputed property.

Members should accompany the person to the location of the property. Members should ask if the

other party will allow removal of the property or whether the other party would remove the property.

If the other party is uncooperative, the person requesting standby assistance should be instructed

to seek private legal advice and obtain a court order to obtain the items. Officers should not order

the other party to allow entry or the removal of any items. If there is a restraining or similar order

against the person requesting standby assistance, that person should be asked to leave the scene

or they may be subject to arrest for violation of the order.

If the other party is not present at the location, the member will not allow entry into the location

or the removal of property from the location.

431.5 VEHICLES AND PERSONAL PROPERTY

Officers may be faced with disputes regarding possession or ownership of vehicles or other

personal property. Officers may review documents provided by parties or available databases

(e.g., vehicle registration), but should be aware that legal possession of vehicles or personal

property can be complex. Generally, officers should not take any enforcement action unless a

crime is apparent. The people and the vehicle or personal property involved should be identified

and the incident documented.

431.6 REAL PROPERTY

Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should

generally be handled through a person seeking a court order.

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431.6.1 LONG-TERM GUEST ISSUES

For disputes related to a long-term guest, as defined by Utah Code 76-6-206.4, who has received

notice to vacate a residence by the primary occupant or other person with apparent authority to

act for the primary occupant, officers must provide the guest with a reasonable time to collect

personal belongings prior to escorting the individual from the residence (Utah Code 76-6-206.4).

Policy

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Crisis Intervention Incidents

432.1 PURPOSE AND SCOPE

This policy provides guidelines for interacting with those who may be experiencing a mental health

or emotional crisis. Interaction with such individuals has the potential for miscommunication and

violence. It often requires an officer to make difficult judgments about a person’s mental state and

intent in order to effectively and legally interact with the individual.

432.1.1 DEFINITIONS

Definitions related to this policy include:

Person in crisis - A person whose level of distress or mental health symptoms have exceeded

the person’s internal ability to manage his/her behavior or emotions. A crisis can be precipitated by

any number of things, including an increase in the symptoms of mental illness despite treatment

compliance; non-compliance with treatment, including a failure to take prescribed medications

appropriately; or any other circumstance or event that causes the person to engage in erratic,

disruptive or dangerous behavior that may be accompanied by impaired judgment.

432.2 POLICY

The West Jordan Police Department is committed to providing a consistently high level of

service to all members of the community and recognizes that persons in crisis may benefit from

intervention. The Department will collaborate, where feasible, with mental health professionals to

develop an overall intervention strategy to guide its members’ interactions with those experiencing

a mental health crisis. This is to ensure equitable and safe treatment of all involved.

432.3 SIGNS

Members should be alert to any of the following possible signs of mental health issues or crises:

(a) A known history of mental illness

(b) Threats of or attempted suicide

(d) Incoherence, disorientation or slow response

(e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas

(f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness

or guilt

(g) Social withdrawal

(h) Manic or impulsive behavior, extreme agitation, lack of control

(i) Lack of fear

(j) Anxiety, aggression, rigidity, inflexibility or paranoia

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Members should be aware that this list is not exhaustive. The presence or absence of any of these

should not be treated as proof of the presence or absence of a mental health issue or crisis.

432.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS

The Chief of Police should designate an appropriate Division Chief to collaborate with mental

health professionals to develop an education and response protocol. It should include a list of

community resources, to guide department interaction with those who may be suffering from

mental illness or who appear to be in a mental health crisis.

432.5 FIRST RESPONDERS

Safety is a priority for first responders. It is important to recognize that individuals under the

influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a

mental health crisis. These individuals may still present a serious threat to officers; such a threat

should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an

officer’s authority to use reasonable force when interacting with a person in crisis.

Officers are reminded that mental health issues, mental health crises and unusual behavior alone

are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration.

An officer responding to a call involving a person in crisis should:

(a) Promptly assess the situation independent of reported information and make a

preliminary determination regarding whether a mental health crisis may be a factor.

(b) Request available backup officers and specialized resources as deemed necessary

and, if it is reasonably believed that the person is in a crisis situation, use conflict

resolution and de-escalation techniques to stabilize the incident as appropriate.

sirens.

(d) Attempt to determine if weapons are present or available.

(e) Take into account the person’s mental and emotional state and potential inability to

understand commands or to appreciate the consequences of his/her action or inaction,

as perceived by the officer.

(f) Secure the scene and clear the immediate area as necessary.

(g) Employ tactics to preserve the safety of all participants.

(h) Determine the nature of any crime.

(i) Request a supervisor, as warranted.

(j) Evaluate any available information that might assist in determining cause or motivation

for the person’s actions or stated intentions.

(k) If circumstances reasonably permit, consider and employ alternatives to force.

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432.6 DE-ESCALATION

Officers should consider that taking no action or passively monitoring the situation may be the

most reasonable response to a mental health crisis.

Once it is determined that a situation is a mental health crisis and immediate safety concerns

have been addressed, responding members should be aware of the following considerations and

should generally:

•

Evaluate safety conditions.

•

Introduce themselves and attempt to obtain the person’s name.

•

Be patient, polite, calm, courteous and avoid overreacting.

•

Speak and move slowly and in a non-threatening manner.

•

Moderate the level of direct eye contact.

•

Remove distractions or disruptive people from the area.

•

Demonstrate active listening skills (e.g., summarize the person’s verbal

communication).

•

Provide for sufficient avenues of retreat or escape should the situation become volatile.

Responding officers generally should not:

•

Use stances or tactics that can be interpreted as aggressive.

•

Allow others to interrupt or engage the person.

•

Corner a person who is not believed to be armed, violent or suicidal.

•

Argue, speak with a raised voice or use threats to obtain compliance.

432.7 INCIDENT ORIENTATION

When responding to an incident that may involve mental illness or a mental health crisis, the officer

should request that the dispatcher provide critical information as it becomes available. This

includes:

(a) Whether the person relies on drugs or medication, or may have failed to take his/her

medication.

(b) Whether there have been prior incidents, suicide threats/attempts, and whether there

has been previous police response.

Additional resources and a supervisor should be requested as warranted.

432.8 SUPERVISOR RESPONSIBILITIES

A supervisor should respond to the scene of any interaction with a person in crisis. Responding

supervisors should:

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(a) Attempt to secure appropriate and sufficient resources.

(b) Closely monitor any use of force, including the use of restraints, and ensure that those

subjected to the use of force are provided with timely access to medical care (see the

Handcuffing and Restraints Policy).

as circumstances dictate, this may include removing or reducing law enforcement

resources or engaging in passive monitoring.

(d) Ensure that all reports are completed and that incident documentation uses

appropriate terminology and language.

(e) Conduct an after-action tactical and operational debriefing, and prepare an after-action

evaluation of the incident to be forwarded to the Division Chief.

(f) Evaluate whether a critical incident stress management debriefing for involved

members is warranted.

432.9 INCIDENT REPORTING

Members engaging in any oral or written communication associated with a mental health crisis

should be mindful of the sensitive nature of such communications and should exercise appropriate

discretion when referring to or describing persons and circumstances.

Members having contact with a person in crisis should keep related information confidential,

except to the extent that revealing information is necessary to conform to department reporting

procedures or other official mental health or medical proceedings.

432.9.1 DIVERSION

Individuals who are not being arrested should be processed in accordance with the Civil

Commitments Policy.

432.10 NON-SWORN INTERACTION WITH PEOPLE IN CRISIS

Non-sworn members may be required to interact with persons in crisis in an administrative

capacity, such as dispatching, records request, and animal control issues.

(a) Members should treat all individuals equally and with dignity and respect.

(b) If a member believes that he/she is interacting with a person in crisis, he/she should

proceed patiently and in a calm manner.

bizarre claims or requests.

If a person’s behavior makes the member feel unsafe, if the person is or becomes disruptive or

violent, or if the person acts in such a manner as to cause the member to believe that the person

may be harmful to him/herself or others, an officer should be promptly summoned to provide

assistance.

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432.11 TRAINING

In coordination with the mental health community and appropriate stakeholders, the Department

will develop and provide comprehensive education and training to all department members to

enable them to effectively interact with persons in crisis.

Policy

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Medical Aid and Response

433.1 PURPOSE AND SCOPE

This policy recognizes that members often encounter persons in need of medical aid and

establishes a law enforcement response to such situations.

433.2 POLICY

It is the policy of the West Jordan Police Department that all officers and other designated

members be trained to provide emergency medical aid and to facilitate an emergency medical

response.

433.3 FIRST RESPONDING MEMBER RESPONSIBILITIES

Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g.,

first aid, CPR, use of an automated external defibrillator (AED)) in accordance with their training

and current certification levels. This should be done for those in need of immediate care and only

when the member can safely do so.

Prior to initiating medical aid, the member should contact Dispatch and request response by

Emergency Medical Services (EMS) as the member deems appropriate.

Members should follow universal precautions when providing medical aid, such as wearing gloves

and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy.

Members should use a barrier or bag device to perform rescue breathing.

When requesting EMS, the member should provide Dispatch with information for relay to EMS

personnel in order to enable an appropriate response, including:

(a) The location where EMS is needed.

(b) The nature of the incident.

(d) Information on the person in need of EMS, such as:

1. Signs and symptoms as observed by the member.

2. Changes in apparent condition.

3. Number of patients, sex, and age, if known.

4. Whether the person is conscious, breathing, and alert, or is believed to have

consumed drugs or alcohol.

5. Whether the person is showing signs or symptoms of excited delirium or other

agitated chaotic behavior.

Members should stabilize the scene whenever practicable while awaiting the arrival of EMS.

Members should not direct EMS personnel whether to transport the person for treatment.

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433.4 TRANSPORTING ILL AND INJURED PERSONS

Except in exceptional cases where alternatives are not reasonably available, members should not

transport persons who are unconscious, who have serious injuries, or who may be seriously ill.

EMS personnel should be called to handle patient transportation.

Officers should search any person who is in custody before releasing that person to EMS for

transport.

An officer should accompany any person in custody during transport in an ambulance when

requested by EMS personnel, when it reasonably appears necessary to provide security, when it

is necessary for investigative purposes, or when so directed by a supervisor.

Members should not provide emergency escort for medical transport or civilian vehicles.

433.5 PERSONS REFUSING EMS CARE

If a person who is not in custody refuses EMS care or refuses to be transported to a medical

facility, an officer shall not force that person to receive care or be transported. However, members

may assist EMS personnel when EMS personnel determine the person lacks mental capacity to

understand the consequences of refusing medical care or to make an informed decision and the

lack of immediate medical attention may result in serious bodily injury or the death of the person.

In cases where mental illness may be a factor, the officer should consider proceeding with

temporary custody pursuant to a civil commitment in accordance with the Civil Commitments

Policy.

If an officer believes that a person who is in custody requires EMS care and the person refuses,

he/she should encourage the person to receive medical treatment. The officer may also consider

contacting a family member to help persuade the person to agree to treatment or who may be

able to authorize treatment for the person.

If the person who is in custody still refuses, the officer will require the person to be transported

to the nearest medical facility. In such cases, the officer should consult with a supervisor prior

to the transport.

Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for

treatment.

433.6 MEDICAL ATTENTION RELATED TO USE OF FORCE

Specific guidelines for medical attention for injuries sustained from a use of force may be found in

the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted

Energy Device policies.

433.7 AIR AMBULANCE

Generally, when on-scene, EMS personnel will be responsible for determining whether an air

ambulance response should be requested. An air ambulance may be appropriate when there are

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victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds,

burns, obstetrical cases), and distance or other known delays will affect the EMS response.

The Patrol Division Chief should develop guidelines for air ambulance landings or enter into local

operating agreements for the use of air ambulances, as applicable. In creating those guidelines,

the Department should identify:

•

Responsibility and authority for designating a landing zone and determining the size

of the landing zone.

•

Responsibility for securing the area and maintaining that security once the landing

zone is identified.

•

Consideration of the air ambulance provider’s minimum standards for proximity to

vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete,

grass).

•

Consideration of the air ambulance provider’s minimum standards for horizontal

clearance from structures, fences, power poles, antennas or roadways.

•

Responsibility for notifying the appropriate highway or transportation agencies if a

roadway is selected as a landing zone.

•

Procedures for ground personnel to communicate with flight personnel during the

operation.

One department member at the scene should be designated as the air ambulance communications

contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance.

Members should direct vehicle and pedestrian traffic away from the landing zone.

Members should follow these cautions when near an air ambulance:

•

Never approach the aircraft until signaled by the flight crew.

•

Always approach the aircraft from the front.

•

Avoid the aircraft’s tail rotor area.

•

Wear eye protection during landing and take-off.

•

Do not carry or hold items, such as IV bags, above the head.

•

Ensure that no one smokes near the aircraft.

433.8 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE

A member should use an AED only after he/she has received appropriate training (Utah Code

26-8b-201).

433.8.1 AED USER RESPONSIBILITY

Members who are issued AEDs for use in department vehicles should check the AED at the

beginning of the shift to ensure it is properly charged and functioning. Any AED that is not

functioning properly will be taken out of service and given to the Training Sergeant who is

responsible for ensuring appropriate maintenance.

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Following use of an AED, the device shall be cleaned and/or decontaminated as required. The

electrodes and/or pads will be replaced as recommended by the AED manufacturer.

Any member who uses an AED should contact Dispatch as soon as possible and request response

by EMS.

433.8.2 AED REPORTING

Any member using an AED will complete an incident report detailing its use.

433.8.3 AED TRAINING AND MAINTENANCE

The Training Sergeant should ensure appropriate training, that includes training in CPR and AED

use, is provided to members authorized to use an AED (Utah Code 26-8b-401).

The Training Sergeant is responsible for ensuring AED devices are appropriately maintained

and will retain records of all maintenance in accordance with the established records retention

schedule.

433.9 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION

Members may administer opioid overdose medication in accordance with protocol specified by

the health care provider who prescribed the overdose medication for use by the member. With

approval of the on-duty supervisor, members may also provide the opioid overdose medication

to a person who is experiencing an opiate-related drug overdose event or to a family member,

friend, or other individual who is in a position to assist such individual (Utah Code 26-55-104).

433.9.1 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES

Members who are qualified to administer opioid overdose medication, such as naloxone, should

handle, store and administer the medication consistent with their training. Members should check

the medication and associated administration equipment at the beginning of their shift to ensure

they are serviceable and not expired. Any expired medication or unserviceable administration

equipment should be removed from service and given to the Training Sergeant.

Any member who administers an opioid overdose medication should contact Dispatch as soon as

possible and request response by EMS.

433.9.2 OPIOID OVERDOSE MEDICATION REPORTING

Any member administering opioid overdose medication should detail its use in an appropriate

report.

The Training Sergeant will ensure that the Records Manager is provided enough information to

meet applicable state reporting requirements.

433.9.3 OPIOID OVERDOSE MEDICATION TRAINING

The Training Sergeant should ensure training is provided to members authorized to administer

opioid overdose medication. The training should include the written instructions provided by the

dispensing health care provider on (Utah Code 26-55-104):

(a) How to recognize an opiate-related drug overdose event.

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(b) How to administer an opiate antagonist.

receives additional medical care and a medical evaluation, as soon as possible.

433.10 ADMINISTRATION OF EPINEPHRINE

The Patrol Division Chief may authorize the acquisition and storage of epinephrine auto-injectors

for use at the Department as provided by Utah Code 26-41-105. The Patrol Division Chief shall

designate the Training Sergeant to oversee the proper storage and use of epinephrine auto-

injectors. Members who have received required training may administer an epinephrine auto-

injector for a person experiencing anaphylaxis.

433.10.1 EPINEPHRINE USER RESPONSIBILITIES

Any member who administers an epinephrine auto-injector shall contact Dispatch as soon as

possible and request response by EMS (Utah Code 26-41-105).

433.10.2 EPINEPHRINE REPORTING

Any member administering an epinephrine auto-injector should detail its use in an appropriate

report.

433.10.3 EPINEPHRINE TRAINING

The Training Sergeant shall ensure training approved by the Utah Department of Health is

provided to members authorized to administer an epinephrine auto-injector. The training should

be repeated annually unless a waiver is approved by the Department of Health and shall include

(Utah Code 26-41-104; UAC R426-5-2700):

(a) Recognizing the symptoms of anaphylaxis.

(b) Appropriate administration of an epinephrine auto-injector.

433.11 SICK OR INJURED ARRESTEE

If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared

prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the

officer should contact a supervisor, who will determine whether medical clearance will be obtained

prior to booking.

If the jail or detention facility refuses to accept custody of an arrestee based on medical screening,

the officer should note the name of the facility person refusing to accept custody and the reason

for refusal, and should notify a supervisor to determine the appropriate action.

Arrestees who appear to have a serious medical issue should be transported by ambulance.

Officers shall not transport an arrestee to a hospital without a supervisor’s approval.

Nothing in this section should delay an officer from requesting EMS when an arrestee reasonably

appears to be exhibiting symptoms that appear to be life threatening, including breathing problems

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or an altered level of consciousness, or is claiming an illness or injury that reasonably warrants

an EMS response in accordance with the officer’s training.

433.12 FIRST AID TRAINING

Subject to available resources, the Training Sergeant should ensure officers receive periodic first

aid training appropriate for their position.

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Chapter 5 - Traffic Operations

Policy

500

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Traffic Function and Responsibility

500.1 PURPOSE AND SCOPE

The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved

through the application of such techniques as geographic/problem-based assignment of personnel

and equipment and the establishment of preventive patrols to deal with specific categories

of unlawful driving behavior. Traffic enforcement techniques are based on accident data,

enforcement activity records, traffic volume and traffic conditions. This department provides

enforcement efforts toward violations, not only in proportion to the frequency of their occurrence

in accident situations, but also in terms of traffic-related needs.

500.2 TRAFFIC OFFICER DEPLOYMENT

Several factors are considered in the development of deployment schedules for officers of the

West Jordan Police Department. Information provided by the Utah Department of Public Safety’s

Highway Safety Office is a valuable resource for traffic accident occurrences and therefore officer

deployment. Some of the factors for analysis include:

• Location

• Time

• Day

• Violation factors

All officers assigned to patrol or traffic enforcement functions will emphasize enforcement

of accident-causing violations during high-accident hours and at locations of occurrence. All

officers will take directed enforcement action on request, and random enforcement action when

appropriate against violators as a matter of routine. All officers shall maintain high visibility while

working general enforcement, especially at high-accident locations.

Other factors to be considered for deployment are citizen requests, construction zones or special

events.

500.3 ENFORCEMENT

Enforcement actions are commensurate with applicable laws and take into account the degree

and severity of the violation committed. This department does not establish ticket quotas, and

the number of arrests or citations issued by any officer shall not be used as the sole criterion for

evaluating officer overall performance. The visibility and quality of an officer’s work effort will be

commensurate with the philosophy of this policy. Several methods are effective in the reduction

of collisions:

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500.3.1 WARNINGS

Warnings or other non-punitive enforcement actions should be considered in each situation

and substituted for arrests or citations when circumstances warrant, especially in the case of

inadvertent violations.

500.3.2 CITATIONS

Citations may be issued when an officer believes it is appropriate. It is essential that officers fully

explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic

violation. Officers should provide the following information at a minimum:

(a) Explanation of the violation or charge.

(b) Court appearance procedure including the optional or mandatory appearance by the

motorist.

500.3.3 PHYSICAL ARREST

Physical arrest can be made on a number of criminal traffic offenses outlined in Utah Code Title

41. These physical arrest cases usually deal with, but are not limited to:

(a) Vehicular manslaughter.

(b) Felony and misdemeanor driving under the influence of alcohol/drugs.

(d) Any other misdemeanor at the discretion of the officer, such as reckless driving with

extenuating circumstances.

500.4 SUSPENDED OR REVOKED DRIVER'S LICENSES

If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer

may issue a traffic citation pursuant to Utah Code 53-3-227.

500.5 HIGH-VISIBILITY VESTS

The Department has provided American National Standards Institute (ANSI) Class II high-

visibility vests to increase the visibility of department members who may be exposed to hazards

presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23

CFR 655.601).

Although intended primarily for use while performing traffic related assignments, high-visibility

vests should be worn at any time increased visibility would improve the safety or efficiency of the

member.

500.5.1 REQUIRED USE

Except when working in a potentially adversarial or confrontational role, such as during vehicle

stops, high-visibility vests should be worn at any time it is anticipated that an employee will be

exposed to the hazards of approaching traffic or construction and recovery equipment. Examples

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of when high-visibility vests should be worn include traffic control duties, accident investigations,

lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency

conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest

as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed

by a supervisor.

Vests maintained in the investigation units may be used any time a plainclothes officer might

benefit from being readily identified as a member of law enforcement.

Policy

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Traffic Collision Reporting

501.1 TRAFFIC COLLISION REPORTING

All traffic collision reports taken by members of the Department shall be forwarded to the Traffic

Bureau for approval and data entry into the Records Management System. The Traffic Sergeant

will be responsible for monthly and quarterly reports on traffic collision statistics to be forwarded

to the Patrol Division Chief or other persons as required.

501.2 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION

In the event of a traffic collision that results in serious injury or death, the Watch Commander shall

notify the Traffic Sergeant to relate the circumstances of the traffic collision and seek assistance

from the Traffic Bureau. In the absence of a Traffic Sergeant, the Watch Commander or any

supervisor may assign an accident investigator or motor officer to investigate the traffic collision.

Policy

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Vehicle Towing and Release

502.1 PURPOSE AND SCOPE

This policy provides the procedures for towing a vehicle by or at the direction of the West Jordan

Police Department.

502.2 RESPONSIBILITIES

The responsibilities of those employees storing or impounding a vehicle are as follows.

502.2.1 COMPLETION OF NOTICE OF IMPOUND

Department members requesting storage of a vehicle shall complete a Vehicle Impound Report

Form, including a description of property within the vehicle. A copy is to be given to the tow truck

operator and the original is to be submitted to the Records Bureau as soon as practical after the

vehicle is stored.

Approved Vehicle Impound Reports shall be promptly placed into the auto-file so that they are

immediately available for release or for information should inquiries be made.

Immediately after removal of the vehicle, the Department shall forward a Vehicle Impound

Report Form, containing all required information, to the Motor Vehicle Division (Utah Code

41-6a-1406(4)).

502.2.2 REMOVAL OF VEHICLE DISABLED IN A TRAFFIC COLLISION

When a vehicle has been involved in a traffic collision and must be removed from the scene, the

officer should provide the driver the opportunity to select a towing company and relay the request

to the dispatcher. If the driver has no preference as to which towing company to use, a towing

company will be selected from the rotational list maintained in Dispatch.

An officer may, without the consent of the owner, remove a vehicle that has been involved in an

accident (or remove property from within the vehicle) if the vehicle is blocking a roadway or is

otherwise endangering public safety (Utah Code § 41-6a-401.9). If the owner is incapacitated, or

for any reason it is necessary for the Department to assume responsibility for a vehicle involved

in a collision, the officer should summon an approved towing and storage provider, complete the

Notice of Impound Form and store the vehicle.

502.2.3 IMPOUND FOR LACK OF PROOF OF SECURITY

If the operator of a vehicle involved in a collision cannot provide proof of security as required

by Utah Code 41-12a-301, the vehicle shall be impounded after the officer confirms that the

security is not in effect through query of the Uninsured Motorist Identification Database (Utah

Code 41-1a-1101).

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502.2.4 DRIVING A NON-CITY VEHICLE

Vehicles which have been towed by or at the direction of the Department should not be driven by

police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard,

prevent the obstruction of a fire hydrant, or to comply with posted signs.

502.2.5 DISPATCHER'S RESPONSIBILITIES

Upon receiving a request for towing, the dispatcher shall promptly telephone the specified

authorized towing service. The officer shall be advised when the request has been made and the

towing service has been dispatched.

When there is no preferred company requested, the dispatcher shall call the next firm in rotation

from the list of approved towing companies and shall make appropriate entries on that form to

ensure the following firm is called on the next request.

502.3 TOWING SERVICES

The City of West Jordan will maintain a list of approved tow companies. Approved companies will

be used on a rotation in the following situations:

(a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator

to take the required action.

(b) When a vehicle is being held as evidence in connection with an investigation.

involving the recovery of stolen or abandoned vehicles, and the removal from the

streets of vehicles obstructing traffic in violation of state or local regulations.

Nothing in this policy shall require the Department to tow a vehicle.

502.4 STORAGE AT ARREST SCENES

Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department

to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions

described below. However, the vehicle shall be stored whenever it is needed for the furtherance

of an investigation or prosecution of the case or when the community caretaker doctrine would

reasonably suggest that the vehicle should be stored, for example, the vehicle would present a

traffic hazard if not removed or due to a high crime area the vehicle would be in jeopardy of theft

or damage if left at the scene.

The following are examples of situations where consideration should be given to leaving a vehicle

at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably

secured and safe condition:

• Traffic-related warrant arrest.

• Situations where the vehicle was not used to further the offense for which the driver

was arrested.

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• Whenever the licensed owner of the vehicle is present, willing and able to take control

of any vehicle not involved in criminal activity.

• Whenever the vehicle otherwise does not need to be stored and the owner requests

that it be left at the scene.

In such cases, the handling employee shall note in the report that the owner was informed that

the Department will not be responsible for theft or damages.

502.5 VEHICLE INVENTORY

All property in a stored or impounded vehicle shall be inventoried and listed on the Vehicle Impound

Report Form. This includes the trunk and any compartments or containers, even if closed and/or

locked. Members conducting inventory searches should be as thorough and accurate as practical

in preparing an itemized inventory. These inventory procedures are for the purpose of protecting

an owner's property while in police custody, to provide for the safety of officers, and to protect the

Department against fraudulent claims of lost, stolen or damaged property.

502.6 SECURITY OF VEHICLES AND PROPERTY

Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage

or create an issue of officer safety, officers should make reasonable accommodations to permit

a driver/owner to retrieve small items of value or personal need (e.g. cash, jewelry, cell phone,

prescriptions) which are not considered evidence or contraband.

If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to

unauthorized entry, theft or damage, search personnel shall take such steps as are reasonably

necessary to secure and/or preserve the vehicle or property from such hazards.

Policy

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Impaired Driving

503.1 PURPOSE AND SCOPE

This policy provides guidance to those department members who play a role in the detection and

investigation of driving under the influence (DUI).

503.2 POLICY

The West Jordan Police Department is committed to the safety of the roadways and the community

and will pursue fair but aggressive enforcement of Utah’s impaired driving laws.

503.3 INVESTIGATIONS

Officers should not enforce DUI laws to the exclusion of their other duties unless specifically

assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence.

The Traffic Sergeant will develop and maintain, in consultation with the prosecuting attorney,

report forms with appropriate checklists to assist investigating officers in documenting relevant

information and maximizing efficiency. Any DUI investigation will be documented using these

forms. Information documented elsewhere on the form does not need to be duplicated in the report

narrative. Information that should be documented includes, at a minimum:

(a) The field sobriety tests (FSTs) administered and the results.

(b) The officer’s observations that indicate impairment on the part of the individual, and the

officer’s health-related inquiries that may help to identify any serious health concerns

(e.g., diabetic shock).

observations.

(d) Information about any audio and/or video recording of the individual’s driving or

subsequent actions.

(e) The location and time frame of the individual’s vehicle operation and how this was

determined.

(f) Any prior related convictions in Utah or another jurisdiction.

503.4 FIELD TESTS

The Traffic Sergeant should identify standardized FSTs and any approved alternate tests for

officers to use when investigating violations of DUI laws.

503.5 CHEMICAL TESTS

A person implies consent under Utah law to a chemical test or tests, and to providing the

associated chemical sample, under any of the following (Utah Code 41-6a-520):

(a)

The officer has reasonable grounds to believe that the person was operating or in

actual physical control of a motor vehicle while:

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Having a prohibited blood or breath alcohol content level as defined by Utah

Code 41-6a-502 (DUI) or Utah Code 41-6a-530 (Alcohol Restricted Drivers).

Under the influence of alcohol, any drug or combination of alcohol and any drug.

Having any measurable controlled substance or metabolite of a controlled

substance in the person’s body.

(b)

The officer has stopped a person under the age of 21 and has reasonable grounds

to believe that the person was operating or in actual physical control of a vehicle

or motorboat with a measurable blood, breath or urine alcohol concentration in the

person’s body (Utah Code 53-3-231).

If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is

unconscious), the officer should consider implied consent revoked and proceed as though the

person has refused to provide a chemical sample.

503.5.1 STATUTORY NOTIFICATIONS

An officer requesting that a person submit to a chemical test shall provide the person with a

mandatory warning pursuant to Utah Code 41-6a-520.

503.5.2 BREATH SAMPLES

The Traffic Sergeant should ensure that all devices used for the collection and analysis of breath

samples are properly serviced and tested, and that a record of such service and testing is properly

maintained.

Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any

anomalies or equipment failures should be noted in the appropriate report and promptly reported

to the Traffic Sergeant.

503.5.3 BLOOD SAMPLES

Only persons authorized by law to draw blood shall collect blood samples (Utah Code 41-6a-523;

Utah Code 77-23-213). The blood draw should be witnessed by the assigned officer.

Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate

sample can be collected for alternate testing. Unless medical personnel object, two samples

should be collected and retained as evidence, so long as only one puncture is required.

The blood sample shall be packaged, marked, handled, stored, and transported as required by

the testing facility.

If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken

medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability

to take a blood test should not be considered a refusal. However, that arrestee may be required

to complete another available and viable test.

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503.5.4 URINE SAMPLES

If a urine test will be performed, the arrestee should be promptly transported to the appropriate

testing site. The officer shall follow any directions accompanying the urine evidence collection kit.

Urine samples shall be collected and witnessed by an officer or jail staff member of the same

sex as the person giving the sample. The arrestee tested should be allowed sufficient privacy to

maintain his/her dignity, to the extent possible, while still ensuring the accuracy of the sample.

The sample shall be packaged, marked, handled, stored and transported as required by the testing

facility.

503.6 REFUSALS

When an arrestee refuses to provide a chemical sample, officers should:

(a)

Advise the arrestee of the requirement to provide a sample (Utah Code 41-6a-520).

(b)

Audio- and/or video-record the admonishment and the response when it is practicable.

(c)

Document the refusal in the appropriate report.

503.6.1 STATUTORY NOTIFICATIONS UPON REFUSAL

Upon refusal to submit to a chemical test as required by law, officers shall personally serve the

notice of the Driver License Division’s (DLD) intention to revoke the person's driving privilege or

license upon the person (Utah Code 41-6a-520).

503.6.2 BLOOD SAMPLE WITHOUT CONSENT

A blood sample may be obtained from a person who refuses a chemical test when any of the

following conditions exist (Utah Code 77-23-213):

(a) A search warrant has been obtained.

(b) The officer can articulate that exigent circumstances exist. Exigency does not exist

solely because of the short time period associated with the natural dissipation of

alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency

can be established by the existence of special facts, such as a lengthy time delay

resulting from an accident investigation or medical treatment of the person.

503.6.3 FORCED BLOOD SAMPLE

If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer

should request a supervisor to respond.

The responding supervisor should:

(a)

Evaluate whether using force to obtain a blood sample is appropriate under the

circumstances.

(b)

Ensure that all attempts to obtain a blood sample through force cease if the person

agrees to, and completes, a viable form of testing in a timely manner.

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(c)

Advise the person of his/her duty to provide a sample (even if this advisement was

previously done by another officer), and attempt to persuade the individual to submit

to such a sample without physical resistance. This dialogue should be recorded on

audio and/or video when practicable.

(d)

Ensure that the blood sample is taken in a medically approved manner.

(e)

Ensure that the forced blood draw is recorded on audio and/or video when practicable.

(f)

Monitor and ensure that the type and level of force applied appears reasonable under

the circumstances.

Unless otherwise provided in a warrant, force should generally be limited to

handcuffing or similar restraint methods.

In misdemeanor cases, if the arrestee becomes violent or more resistant, no

additional force will be used and a refusal should be noted in the report.

In felony cases, force which reasonably appears necessary to overcome the

resistance to the blood draw may be permitted.

(g)

Ensure the use of force and methods used to accomplish the collection of the blood

sample are documented in the related report.

If a supervisor is unavailable, officers are expected to use sound judgment and perform as a

responding supervisor, as set forth above.

503.7 REPORTING

The Traffic Sergeant shall ensure that the Department complies with all reporting requirements

pursuant to Utah Code 53-10-206.

503.8 RECORDS BUREAU RESPONSIBILITIES

The Records Manager will ensure that all case-related records are transmitted according to current

records procedures and as required by the prosecuting attorney’s office.

503.9 ADMINISTRATIVE HEARINGS

The Records Manager will ensure that all appropriate reports and documents related to

administrative license suspensions are reviewed and forwarded to DLD.

An officer called to testify at an administrative hearing should document the hearing date and

DLD file number in a supplemental report. Specific details of the hearing generally should not be

included in the report unless errors, additional evidence or witnesses are identified.

503.10 TRAINING

The Training Sergeant should ensure that officers participating in the enforcement of DUI laws

receive regular training. Training should include, at minimum, current laws on impaired driving,

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investigative techniques and rules of evidence pertaining to DUI investigations. The Training

Sergeant shall also ensure that each officer receives training on the current standard field sobriety

testing guidelines established by National Highway Traffic Safety Administration (Utah Code

41-6a-515.6).

The Training Sergeant should confer with the prosecuting attorney’s office and update training

topics as needed.

Policy

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Traffic Citations

504.1 PURPOSE AND SCOPE

This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction

and voiding of traffic citations.

504.2 RESPONSIBILITIES

The Traffic Sergeant shall be responsible for the development and design of all Department traffic

citations in compliance with state law and the Judicial Council.

The Records Bureau shall be responsible for the supply and accounting of all traffic citations

issued to employees of the Department.

504.3 DISMISSAL OF TRAFFIC CITATIONS

Employees of the Department do not have the authority to dismiss a citation once it has been

issued. Only the court has the authority to dismiss a citation that has been issued (Utah Code

77-7-26). Any request from a recipient to dismiss a citation shall be referred to the appropriate

prosecutor's office.

Should an officer determine that a traffic citation should be dismissed in the interest of justice

or where prosecution is deemed inappropriate, the officer may request the court to dismiss the

citation. Upon dismissal of the traffic citation by the court, the officer shall notify his/her immediate

supervisor of the circumstances surrounding the dismissal and shall complete any paperwork as

directed or required.

504.4 VOIDING TRAFFIC CITATIONS

Voiding a traffic citation may occur when a traffic citation has not been completed or where it is

completed but not issued.

504.5 CORRECTION OF TRAFFIC CITATIONS

When a traffic citation is issued and in need of correction, the officer issuing the citation shall

submit the citation and a letter requesting a specific correction to his/her immediate supervisor.

504.6 DISPOSITION OF TRAFFIC CITATIONS

The court and file copies of all traffic citations issued by members of the Department shall be

forwarded to the employee’s immediate supervisor for review. The citation copies shall then be

filed with the Records Bureau.

Upon separation from employment with the department, all employees issued traffic citations

books shall return any unused citations to the Records Bureau.

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504.7 JUVENILE CITATIONS

Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults.

The juvenile’s age, place of residency and the type of offense should be considered before issuing

the juvenile a citation.

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Disabled Vehicles

505.1 PURPOSE AND SCOPE

All law enforcement agencies having responsibility for traffic enforcement should develop

and adopt a written policy to provide assistance to motorists in disabled vehicles within the

Department's primary jurisdiction.

505.2 OFFICER RESPONSIBILITY

When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a

reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the

dispatcher should be advised of the location of the disabled vehicle and the need for assistance.

The dispatcher should then assign another officer to respond for assistance as soon as practical.

An officer may remove a vehicle that has been involved in a collision (or property from within the

vehicle) without the consent of the owner if it is blocking a roadway or is otherwise endangering

public safety (Utah Code 41-6a-401.9).

505.3 EXTENT OF ASSISTANCE

In most cases, a disabled motorist will require assistance. After arrangements for assistance are

made, continued involvement by Department personnel will be contingent on the time of day, the

location, the availability of Department resources and the vulnerability of the disabled motorist.

505.3.1 MECHANICAL REPAIRS

Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push

bumpers to relocate vehicles to a position of safety is not considered a mechanical repair.

505.3.2 RELOCATION OF DISABLED VEHICLES

The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle

should only occur when the conditions reasonably indicate that immediate movement is necessary

to reduce a hazard presented by the disabled vehicle.

505.3.3 RELOCATION OF MOTORIST

The relocation of a motorist with a disabled vehicle should only occur with the person’s consent and

should be suggested when conditions reasonably indicate that immediate movement is necessary

to mitigate a potential hazard. The department member may stay with the disabled motorist or

transport him/her to a safe area to await pickup.

505.4 PUBLIC ACCESS TO THIS POLICY

This policy is available upon request.

Policy

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Abandoned Vehicles

506.1 PURPOSE AND SCOPE

This policy provides procedures for the removal, recording and storage of abandoned vehicles

that are left unattended on a highway for a period in excess of 48 hours or on public or private

property for a period in excess of seven days under the authority of Utah Code 41-6a-1408.

506.2 REMOVAL OF VEHICLES

Vehicles in violation of Utah Code 41-6a-1408 and by order of an officer of the Department shall

be removed, at the owner’s expense, by a tow truck motor carrier that meets the standards as

described in Utah Code 72-9-601 et seq.

506.2.1 RECORDING OF VEHICLES IMPOUNDED

Immediately after the removal of the vehicle, a Vehicle Impound Report Form shall be completed

and sent to the Motor Vehicle Division. A copy of this form shall also be forwarded to the Records

Bureau. In accordance with Utah Code 41-6a-1406, the form shall include:

•

The operator’s name, if known.

•

A description of the vehicle.

•

The vehicle identification number.

•

The license number, or other identification number issued by a state agency.

•

The date, time, and place of impoundment.

•

The reason for removal or impoundment.

•

The name of the tow truck motor carrier who removed the vehicle.

•

The location where the vehicle is stored.

506.2.2 VEHICLE STORAGE

Any vehicle in violation shall be stored at a state impound yard by the authorized tow truck motor

carrier and a Vehicle Impound Report Form shall be completed by the officer authorizing the

storage of the vehicle and the tow truck motor carrier (Utah Code 41-6a-1406).

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Chapter 6 - Investigation Operations

Policy

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Investigation and Prosecution

600.1 PURPOSE AND SCOPE

The purpose of this policy is to set guidelines and requirements pertaining to the handling and

disposition of criminal investigations.

600.2 POLICY

It is the policy of the West Jordan Police Department to investigate crimes thoroughly and with

due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission

to a prosecutor.

600.3 INITIAL INVESTIGATION

600.3.1 OFFICER RESPONSIBILITIES

An officer responsible for an initial investigation shall complete no less than the following:

(a) Make a preliminary determination of whether a crime has been committed by

completing, at a minimum:

1. An initial statement from any witnesses or complainants.

2. A cursory examination for evidence.

(b) If information indicates a crime has occurred, the officer shall:

1. Preserve the scene and any evidence as required to complete the initial and

follow-up investigation.

2. Determine if additional investigative resources (e.g., investigators or scene

processing) are necessary and request assistance as required.

3. If assistance is warranted, or if the incident is not routine, notify a supervisor or

the Watch Commander.

4. Make reasonable attempts to locate, identify and interview all available victims,

complainants, witnesses and suspects.

5. Collect any evidence.

6. Take any appropriate law enforcement action.

7. Complete and submit the appropriate reports and documentation.

may be necessary, what other resources may be available, and advise the informant

or complainant of this information.

600.3.2 NON-SWORN MEMBER RESPONSIBILITIES

A non-sworn member assigned to any preliminary investigation is responsible for all investigative

steps, except making any attempt to locate, contact or interview a suspect face-to-face or take

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any enforcement action. Should an initial investigation indicate that those steps are required, the

assistance of an officer shall be requested.

600.4 CUSTODIAL INTERROGATION REQUIREMENTS

Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning,

unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with

the Temporary Custody of Juveniles Policy.

600.4.1 AUDIO/VIDEO RECORDINGS

Any custodial interrogation of an individual who is suspected of having committed any violent

felony offense as defined in Utah Code 76-3-203.5(1)(c)(i) should be recorded (audio or video with

audio as available) in its entirety. Regardless of where the interrogation occurs, every reasonable

effort should be made to secure functional recording equipment to accomplish such recordings.

Consideration should also be given to recording a custodial interrogation, or any investigative

interview, for any other offense when it is reasonable to believe it would be appropriate and

beneficial to the investigation and is otherwise allowed by law.

No recording of a custodial interrogation should be destroyed or altered without written

authorization from the prosecuting attorney and the Detective Bureau supervisor. Copies of

recorded interrogations or interviews may be made in the same or a different format as the original

recording, provided the copies are true, accurate and complete and are made only for authorized

and legitimate law enforcement purposes.

Recordings should not take the place of a thorough report and investigative interviews. Written

statements from suspects should continue to be obtained when applicable.

The guidelines for recording a custodial interrogation are not applicable if:

(a) The suspect refuses to speak if the interrogation is electronically recorded. Any such

refusal should be documented either by audio/video recording demonstrating such

refusal, or through a written statement signed by the suspect.

(b) Despite the reasonable good faith efforts of the officer to obtain or provide recording

equipment, recording equipment is not reasonably available during the period of time

that the suspect is lawfully detained.

available.

(d) Despite the reasonable good faith efforts of the officer to record the interrogation, the

recording equipment, without the officer’s knowledge, malfunctions or stops operating.

(e) The officer conducting the custodial interrogation reasonably believes that the crime

of which the person is suspected of committing is not a violent felony offense.

(f) Exigent circumstances render electronic recording impossible or impracticable.

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600.5 DISCONTINUATION OF INVESTIGATIONS

The investigation of a criminal case or efforts to seek prosecution should only be discontinued if

one of the following applies:

(a) All reasonable investigative efforts have been exhausted, no reasonable belief that

the person who committed the crime can be identified, and the incident has been

documented appropriately.

(b) The perpetrator of a misdemeanor has been identified and a warning is the most

appropriate disposition.

1. In these cases, the investigator shall document that the person was warned and

why prosecution was not sought.

2. Warnings shall not be given for felony offenses or other offenses identified in this

policy or by law that require an arrest or submission of a case to a prosecutor.

filed. Further investigation is not reasonable nor has the prosecutor requested further

investigation.

(d) The case has been submitted to the appropriate prosecutor, charges have been filed,

and further investigation is not reasonable, warranted or requested, and there is no

need to take the suspect into custody.

(e) Suspects have been arrested, there are no other suspects, and further investigation

is either not warranted or requested.

(f) Investigation has proven that a crime was not committed (see the Sexual Assault

Investigations Policy for special considerations in these cases).

The Domestic Violence, Child Abuse, Sexual Assault Investigations and Adult Abuse policies may

also require an arrest or submittal of a case to a prosecutor.

600.6 COMPUTERS AND DIGITAL EVIDENCE

The collection, preservation, transportation and storage of computers, cell phones and other

digital devices may require specialized handling to preserve the value of the related evidence. If

it is anticipated that computers or similar equipment will be seized, officers should request that

computer forensic examiners assist with seizing computers and related evidence. If a forensic

examiner is unavailable, officers should take reasonable steps to prepare for such seizure and

use the resources that are available.

600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES

Use of social media and any other Internet source to access information for the purpose of criminal

investigation shall comply with applicable laws and policies regarding privacy, civil rights and

civil liberties. Information gathered via the Internet should only be accessed by members while

on-duty and for purposes related to the mission of this department. If a member encounters

information relevant to a criminal investigation while off-duty or while using his/her own equipment,

the member should note the dates, times and locations of the information and report the discovery

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to his/her supervisor as soon as practicable. The member, or others who have been assigned to

do so, should attempt to replicate the finding when on-duty and using department equipment.

Information obtained via the Internet should not be archived or stored in any manner other than

department-established record keeping systems (see the Records Maintenance and Release and

Criminal Organizations policies).

600.7.1 ACCESS RESTRICTIONS

Information that can be accessed from any department computer, without the need of an account,

password, email address, alias or other identifier (unrestricted websites), may be accessed and

used for legitimate investigative purposes without supervisory approval.

Accessing information from any Internet source that requires the use or creation of an account,

password, email address, alias or other identifier, or the use of nongovernment IP addresses,

requires supervisor approval prior to access. The supervisor will review the justification for

accessing the information and consult with legal counsel as necessary to identify any policy or

legal restrictions. Any such access and the supervisor approval shall be documented in the related

investigative report.

Accessing information that requires the use of a third party’s account or online identifier requires

supervisor approval and the consent of the third party. The consent must be voluntary and shall

be documented in the related investigative report.

Information gathered from any Internet source should be evaluated for its validity, authenticity,

accuracy and reliability. Corroborative evidence should be sought and documented in the related

investigative report.

Any information collected in furtherance of an investigation through an Internet source should be

documented in the related report. Documentation should include the source of information and

the dates and times that the information was gathered.

600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION

Intercepting social media communications in real time may be subject to federal and state wiretap

laws. Officers should seek legal counsel before any such interception.

600.8 MODIFICATION OF CHARGES FILED

Members are not authorized to recommend to the prosecutor or to any other official of the court that

charges on a pending case be amended or dismissed without the authorization of a Division Chief

or the Chief of Police. Any authorized request to modify the charges or to recommend dismissal

of charges shall be made to the prosecutor.

600.9 USE OF FACIAL RECOGNITION TECHNOLOGY

600.9.1 AUTHORIZATION FOR FACIAL RECOGNITION TECHNOLOGY

Members seeking the use of facial recognition technology (FRT) should make a request to the

Division Chief or authorized designee.

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Upon approval, requests should be made to the Department of Public Safety to conduct a

facial recognition comparison of an image obtained by the West Jordan Police Department. The

comparison may only be for the following purposes (Utah Code 77-23e-103):

(a) To investigate a felony, a violent crime, or a threat to human life

(b) To identify an individual who is deceased, incapacitated, or at risk and unable to

provide information regarding his/her identity

600.9.2 REQUESTS

Requests shall be in writing and transmitted through the Utah Criminal Justice Information System

(Utah Code 77-23e-103; Utah Code 77-23e-104). If the request pertains to the investigation of

a crime, officers should include a description of the crime and facts sufficient to show that there

is reasonable suspicion that the individual who is the subject of the request is connected to the

crime (Utah Code 77-23e-103).

600.9.3 COORDINATION WITH PROSECUTING OFFICE

When a case is submitted for prosecution, officers shall disclose to the prosecutor in writing

whether or not FRT was utilized in the investigation. If FRT was used, officers shall also include

a description of how the comparison was used in the investigation, including the fact that the

search returned no results, if applicable (Utah Code 77-23e-103). Officers should ensure that any

report received from DPS is transmitted to the prosecuting attorney, in a supplemental report if

necessary.

600.9.4 RELEASE OF FRT-RELATED RECORDS

Records used in or created as a result of the use of FRT shall only be released to or shared

with law enforcement agencies to facilitate the authorized purposes. Any other requests for these

records should be forwarded to the Records Manager and processed according to the Records

Maintenance and Release Policy.

Policy

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Sexual Assault Investigations

601.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These

guidelines will address some of the unique aspects of such cases and the effects that these crimes

have on the victims.

Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies.

601.1.1 DEFINITIONS

Definitions related to this policy include:

Restricted sexual assault kit - A sexual assault kit collected from a victim who is at least 18 years

old and at the time of collection declines to have the kit processed or to have the examination form

shared with any entity outside of the collection facility (Utah Code 76-5-602).

Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to

offenses defined in Utah Code, Title 76, Chapter 5, Part 4 (Sexual Offenses).

Sexual assault kit - A package of items that is used by medical personnel to gather and preserve

biological and physical evidence following an allegation of sexual assault (Utah Code 76-5-602).

Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of

advocates; law enforcement officers; forensic medical examiners, including sexual assault

forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic

laboratory personnel and prosecutors. The team is designed to coordinate a broad response to

sexual assault victims.

601.2 POLICY

It is the policy of the West Jordan Police Department that its members, when responding to

reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and

will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of

perpetrators, and protect the safety of the victims and the community.

601.3 QUALIFIED INVESTIGATORS

Qualified investigators should be available for assignment of sexual assault investigations. These

investigators should:

(a) Have specialized training in, and be familiar with, interview techniques and the medical

and legal issues that are specific to sexual assault investigations.

(b) Conduct follow-up interviews and investigation.

(d) Coordinate with other enforcement agencies, social service agencies and medical

personnel as needed.

(e) Provide referrals to therapy services, victim advocates and support for the victim.

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(f) Participate in or coordinate with the SART or other multidisciplinary investigative teams

as applicable.

601.4 REPORTING

In all reported or suspected cases of sexual assault, a report should be written and assigned

for follow-up investigation. This includes incidents in which the allegations appear unfounded or

unsubstantiated.

601.5 VICTIM INTERVIEWS

The primary considerations in sexual assault investigations, which begin with the initial call

to Dispatch, should be the health and safety of the victim, the preservation of evidence, and

preliminary interviews to determine if a crime has been committed and to attempt to identify the

suspect.

Whenever possible, a member of the SART should be included in the initial victim interviews.

An in-depth follow-up interview should not be conducted until after the medical and forensic

examinations are completed and the personal needs of the victim have been met (e.g., change

of clothes, bathing). The follow-up interview may be delayed to the following day based upon the

circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified

investigator.

No opinion of whether the case is unfounded should be included in a report.

Victims should not be asked or required to take a polygraph examination (34 USC § 10451).

Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and

Witness Assistance Policy.

601.5.1 MEMBER RESPONSIBILITIES

Upon written request from the victim, or his/her designee, members investigating or receiving a

report of an alleged sexual assault shall inform the victim or his/her designee of the following (Utah

Code 77-37-3):

(a) That the victim has the right to request a test for the HIV infection.

(b) Whether a DNA profile was obtained from the rape kit or other evidence in his/her case.

(CODIS).

(d) Whether there is a match between that DNA profile or other crime scene evidence and

a DNA profile in the Utah CODIS, unless such notice would impede or compromise

an ongoing investigation.

(e) That the victim has a right to designate a person to act as a recipient of the above

information.

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601.5.2 NOTIFICATION UPON ARREST OR ISSUANCE OF A CITATION

When an officer arrests or issues a citation to a person 18 years of age or older for a qualifying

sexual offense, the officer shall provide the individual with the written notice required by Utah Code

78B-7-802. Victims shall be provided notice in accordance with the Victim and Witness Assistance

Policy.

601.6 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE

Whenever possible, a SART member should be involved in the collection of forensic evidence

from the victim.

When the facts of the case indicate that collection of biological evidence is warranted, it should

be collected regardless of how much time has elapsed since the reported assault.

If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from

the victim as soon as practicable.

Subject to the requirements set forth in this policy, biological evidence from all sexual assault

cases, including cases where the suspect is known by the victim, should be submitted for testing.

Victims who choose not to assist with an investigation, do not desire that the matter be investigated

or wish to remain anonymous may still consent to the collection of evidence under their control.

In these circumstances, the evidence should be collected and stored appropriately.

601.6.1 COLLECTION AND TESTING REQUIREMENTS

Members investigating sexual assaults or handling related evidence are required to:

(a) Notify the victim, or his/her designee, if evidence will not be analyzed in a case

involving an unknown perpetrator (Utah Code 77-37-3).

(b) Take possession of sexual assault kits within one business day after receiving notice

from a collecting facility (Utah Code 76-5-604; Utah Code 76-5-607).

1. The member taking possession of the kit should ensure that the required

information is entered into the statewide sexual assault kit tracking system within

five days of receiving the kit from a collection facility.

where the incident occurred in another jurisdiction (Utah Code 76-5-604).

(d) Submit the kit to the Utah Bureau of Forensic Services within 30 days of obtaining

possession of the kit except for cases involving restricted kits (Utah Code 76-5-604).

1. If available, a suspect standard or a consensual partner elimination standard

shall be submitted with the sexual assault kit.

2. If not obtained until later, the standards shall be submitted as soon as possible

but no later than 30 days after the department obtained possession of the kit.

3. If the victim informs the West Jordan Police Department that he/she wants to

have the kit processed and agrees to release of the sexual assault examination

form with the kit, the kit may no longer be classified as restricted and shall be

submitted to the Utah Bureau of Forensic Services as soon as possible, but

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no later than 30 days after the victim chooses to unrestrict the kit (Utah Code

76-5-604).

Additional guidance regarding evidence retention and destruction is found in the Property and

Evidence Policy.

601.6.2 DNA TEST RESULTS

Members investigating sexual assault cases should ensure that a victim, or their designee, is

notified of any DNA test results as soon as reasonably practicable (Utah Code 77-37-3).

A SART member should be consulted regarding the best way to deliver biological testing results

to a victim so as to minimize victim trauma, especially in cases where there has been a significant

delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA

databank hits). Members should make reasonable efforts to assist the victim by providing available

information on local assistance programs and organizations as provided in the Victim and Witness

Assistance Policy.

Members investigating sexual assaults cases should ensure that DNA results are entered into

databases when appropriate and as soon as practicable.

601.7 DISPOSITION OF CASES

If the assigned investigator has reason to believe the case is without merit, the case may be

classified as unfounded only upon review and approval of the Detective Bureau supervisor.

Classification of a sexual assault case as unfounded requires the Detective Bureau supervisor

to determine that the facts have significant irregularities with reported information and that the

incident could not have happened as it was reported. When a victim has recanted his/her original

statement, there must be corroborating evidence that the allegations were false or baseless (i.e.,

no crime occurred) before the case should be determined as unfounded.

601.8 CASE REVIEW

The Detective Bureau supervisor should ensure cases are reviewed on a periodic basis, at least

annually, using an identified group that is independent of the investigation process. The reviews

should include an analysis of:

•

Case dispositions.

•

Decisions to collect biological evidence.

•

Submissions of biological evidence for lab testing.

The SART and/or victim advocates should be considered for involvement in this audit. Summary

reports on these reviews should be forwarded through the chain of command to the Chief of Police.

601.9 RELEASING INFORMATION TO THE PUBLIC

In cases where the perpetrator is not known to the victim, and especially if there are multiple

crimes where more than one appear to be related, consideration should be given to releasing

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information to the public whenever there is a reasonable likelihood that doing so may result in

developing helpful investigative leads. The Detective Bureau supervisor should weigh the risk of

alerting the suspect to the investigation with the need to protect the victim and the public, and to

prevent more crimes.

601.10 TRAINING

Subject to available resources, periodic training should be provided to:

(a) Members who are first responders. Training should include:

1. Initial response to sexual assaults.

2. Legal issues.

3. Victim advocacy.

4. Victim’s response to trauma.

(b) Qualified investigators, who should receive advanced training on additional topics.

Advanced training should include:

1. Interviewing sexual assault victims.

2. SART.

3. Medical and legal aspects of sexual assault investigations.

4. Serial crimes investigations.

5. Use of community and other federal and state investigative resources, such as

the Violent Criminal Apprehension Program (ViCAP).

6. Techniques for communicating with victims to minimize trauma.

Policy

602

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Asset Forfeiture

602.1 PURPOSE AND SCOPE

This policy describes the authority and procedure for the seizure, forfeiture and liquidation of

property associated with specified designated offenses.

602.1.1 DEFINITIONS

Definitions related to this policy include:

Contraband - Any item that is unlawful to produce or possess under state or federal law, including

controlled substances possessed, transferred, or distributed in violation of the Utah Controlled

Substances Act and computers used to commit crimes involving child pornography or identity theft

(Utah Code 24-1-102).

Fiscal agent - The person designated by the Chief of Police to be responsible for securing and

maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings.

This includes any time the West Jordan Police Department seizes property for forfeiture or when

the West Jordan Police Department is acting as the fiscal agent pursuant to a multi-agency

agreement.

Forfeiture - The process by which legal ownership of an asset is transferred to a government

or other authority.

Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible

for reviewing all forfeiture cases and for acting as the liaison between the Department and the

assigned attorney.

Property subject to forfeiture - Seized property that has been used to facilitate the commission

of a federal or state offense and seized proceeds when authorized under Utah Code 24-4-102

(Utah Code 24-1-102).

Seizure -The act of law enforcement officials taking property, cash, or assets that have been used

in connection with or acquired by specified illegal activities.

602.2 POLICY

The West Jordan Police Department recognizes that appropriately applied forfeiture laws are

helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the

potential for revenue should never compromise the effective investigation of criminal offenses,

officer safety or any person’s due process rights.

It is the policy of the West Jordan Police Department that all members, including those assigned to

internal or external law enforcement task force operations, shall comply with all state and federal

laws pertaining to forfeiture.

602.3 ASSET SEIZURE

Property and contraband may be seized for forfeiture as provided in this policy.

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602.3.1 PROPERTY AND CONTRABAND SUBJECT TO SEIZURE

(a) Property and contraband that may be seized upon review and approval of a supervisor

and in coordination with the forfeiture reviewer includes (Utah Code 24-2-102):

1. Property subject to forfeiture that has been identified in a court order or is the

subject of a prior judgment.

2. Property and contraband subject to forfeiture that is seized upon the authority

of a search or administrative warrant.

(b) Property and contraband subject to forfeiture can be lawfully seized without a court

order when the seizure is incident to arrest or when there is probable cause to believe:

1. It is directly or indirectly dangerous to health or safety.

2. It is evidence of an offense.

3. It has been used or was intended to be used to commit an offense.

4. It constitutes the proceeds of an offense.

Whenever practicable, obtaining a court order for seizure prior to making a seizure is the preferred

method.

A large amount of money standing alone is insufficient to establish the probable cause required

to make a seizure.

602.3.2 PROPERTY NOT SUBJECT TO SEIZURE

Property that should not be seized for forfeiture includes:

(a) Cash and property that does not meet the forfeiture counsel’s current minimum

forfeiture guidelines.

(b) A motor vehicle used in a violation of driving under the influence of alcohol and/or drugs

(Utah Code 41-6a-502); driving with any measurable controlled substance in the body

(Utah Code 41-6a-517); driving while having a controlled substance in the body and

causing serious injury (Utah Code 58-37-8(2)(g)); automobile homicide (Utah Code

76-5-207); or a local DUI ordinance, may not be forfeited unless any of the following

apply:

1. The operator of the vehicle has previously been convicted of an

offense committed after May 12, 2009 and specified in Utah Code 24-4-102.

2. The operator of the vehicle was driving on a denied, suspended, revoked, or

disqualified license and the denial, suspension, revocation, or disqualification

was imposed based upon violations specified in Utah Code 24-4-102.

to children (Utah Code 76-10-1204; Utah Code 76-10-1205; Utah Code 76-10-1206;

Utah Code 76-10-1222) if the seizure would constitute a prior restraint or interference

with a person’s rights under the First Amendment to the U.S. Constitution or the Utah

Constitution (Utah Code 24-4-102).

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(d) Property seized incident to an arrest solely for possession of a controlled substance

or controlled substance analog under Utah Code 58-37-8(2)(a)(i).

602.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE

When property or cash subject to this policy is seized, the officer making the seizure should ensure

compliance with the following (Utah Code 24-2-103):

(a) Complete applicable seizure forms and present the appropriate copy to the person

from whom the property is seized. If cash or property is seized from more than one

person, a separate copy must be provided to each person, specifying the items seized.

When property is seized and no one claims an interest in the property, the officer must

leave the copy in the place where the property was found, if it is reasonable to do so.

(b) Complete and submit a report and original seizure forms within 24 hours of the seizure,

if practicable.

two days of seizure.

The officer will book seized property as evidence with the notation in the comment section of

the property form, “Seized Subject to Forfeiture.” Property seized subject to forfeiture should be

booked on a separate property form. No other evidence from the case should be booked on this

form.

Photographs should be taken of items seized, particularly cash, jewelry and other valuable items.

Officers who suspect property may be subject to seizure but are not able to seize the property

(e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real

estate, bank accounts, non-tangible assets) should document and forward the information in the

appropriate report to the forfeiture reviewer.

602.5 MAINTAINING SEIZED PROPERTY

The Evidence Room supervisor is responsible for ensuring compliance with the following:

(a) All property received for forfeiture is reasonably secured and properly stored to prevent

waste and preserve its condition.

(b) All property received for forfeiture is checked to determine if the property has been

stolen.

account designated solely for property subject to forfeiture within 30 days of seizure

(Utah Code 24-2-104).

(d) All property received for forfeiture is retained until forfeiture is finalized or the property

is returned to the claimant or the person with an ownership interest.

(e) Property received for forfeiture is not used by the Department unless the forfeiture

action has been completed.

(f) Associated documentation complies with Utah Code 24-2-103.

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602.6 FORFEITURE REVIEWER

The Chief of Police will appoint a forfeiture reviewer. Prior to assuming duties, or as soon as

practicable thereafter, the forfeiture reviewer should attend a course approved by the Department

on asset forfeiture (Utah Code 24-4-119).

The responsibilities of the forfeiture reviewer include:

(a) Remaining familiar with forfeiture laws, particularly the Forfeiture and Disposition of

Property Act (Utah Code 24-1-101 et seq.) and the forfeiture policies of the forfeiture

counsel.

(b) Serving as the liaison between the Department and the forfeiture counsel and ensuring

prompt legal review of all seizures.

pursuing, seizing, and tracking forfeitures.

(d) Reviewing each seizure-related case and deciding whether the seizure is more

appropriately made under state or federal seizure laws (Utah Code 24-2-105). The

forfeiture reviewer should contact federal authorities when appropriate.

(e) Ensuring that responsibilities, including the designation of a fiscal agent, are clearly

established whenever multiple agencies are cooperating in a forfeiture case.

(f) Ensuring that seizure forms are available and appropriate for department use. These

should include notice forms, a receipt form, and a checklist that provides relevant

guidance to officers. The forms should be available in languages appropriate for the

region and should contain spaces for:

1. Names and contact information for all relevant persons and law enforcement

officers involved.

2. Information as to how ownership or other property interests may have been

determined (e.g., verbal claims of ownership, titles, public records).

3. A space for the signature of the person from whom cash or property is being

seized.

4. A tear-off portion or copy, which should be given to the person from whom

cash or property is being seized, that includes the legal authority for the

seizure, information regarding the process to contest the seizure, and a detailed

description of the items seized.

5. Any other information that may be needed to comply with Utah Code 24-2-103.

(g) Ensuring that those who may be involved in asset forfeiture receive training in the

proper use of the seizure forms and the forfeiture process. The training should be

developed in consultation with the appropriate legal counsel and may be accomplished

through traditional classroom education, electronic media, Daily Training Bulletins

(DTBs), or Departmental Directives. The training should cover this policy and address

any relevant statutory changes and court decisions.

(h) Reviewing each asset forfeiture case to ensure that:

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1. Written documentation of the seizure and the items seized is in the case file.

2. Independent legal review of the circumstances and propriety of the seizure is

made in a timely manner (Utah Code 24-4-103).

3. Notice of seizure has been given in a timely manner to those who hold an interest

in the seized property (Utah Code 24-4-103; Utah Code 24-4-104).

4. Property is promptly released to those entitled to its return (Utah Code 24-2-107;

Utah Code 24-2-108; Utah Code 24-4-103.5).

5. All changes to forfeiture status are forwarded to any supervisor who initiates a

forfeiture case.

6. Any cash received is deposited with the fiscal agent.

7. Assistance with the resolution of ownership claims and the release of property

to those entitled is provided.

8. Current minimum forfeiture thresholds are communicated appropriately to

officers.

9. This policy and any related policies are periodically reviewed and updated to

reflect current federal and state statutes and case law.

10. A written plan should be available that enables the Chief of Police to address

any extended absence of the forfeiture reviewer, thereby ensuring that contact

information for other law enforcement officers and attorneys who may assist in

these matters is available.

11. A copy of the property receipt is kept in the case file and, if the property is

transferred to another agency, a copy of the receipt is provided along with the

property (Utah Code 24-2-104).

12. Any records of a related interview of a child are retained pursuant to Utah Code

53-13-110.5.

13. The request for a forfeiture action be commenced by the forfeiture attorney as

provided in Utah Code 24-4-103.

(i) Ensuring that the Department disposes of property as provided by law following any

forfeiture (Utah Code 24-4-115).

Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate

accounting control, with regular reviews or audits of all deposits and expenditures.

Forfeiture reporting and expenditures should be completed in the manner prescribed by the law

and City financial directives. Utah Code 24-4-118 should be referenced for reporting federal

seizures to the Utah Commission on Criminal and Juvenile Justice.

602.7 DISPOSITION OF FORFEITED PROPERTY

No property seized shall be transferred, sold, or auctioned to an employee of this department

(Utah Code 24-2-104).

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No member of this department may use property that has been seized for forfeiture until the

forfeiture action has been completed and the Chief of Police has given written authorization

to retain the property for official use. No department member involved in the decision to seize

property should be involved in any decision regarding the disposition of the property.

Any property, money, or other items of value received by this department pursuant to a federal

forfeiture shall be used in compliance with federal laws and regulations relating to equitable

sharing (Utah Code 24-2-105). Such property may be used to fund crime prevention and law

enforcement activities described in Utah Code 24-4-117(10). State law prohibits the use of

property or money received to be used for such things as salaries, benefits, any expenses not

related to law enforcement, and other purposes specified in Utah Code 24-4-117(11).

Money received as a result of a federal forfeiture may only be used as approved by the City council

(Utah Code 24-2-105).

602.8 LIMITATION ON FEES FOR HOLDING SEIZED PROPERTY

The Department will not charge a person contesting a forfeiture any fee or cost for holding seized

property as the result of any civil or criminal forfeiture in which a judgment is entered in favor of

the person, or where a forfeiture proceeding is voluntarily dismissed by the prosecuting attorney

(Utah Code 24-4-112).

Policy

603

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Informants

603.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the use of informants.

603.1.1 DEFINITIONS

Definitions related to this policy include:

Informant - A person who covertly interacts with other individuals or suspects at the direction

of, request of, or by agreement with the West Jordan Police Department for law enforcement

purposes. This also includes a person agreeing to supply information to the West Jordan Police

Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money).

603.1 POLICY

The West Jordan Police Department recognizes the value of informants to law enforcement efforts

and will strive to protect the integrity of the informant process. It is the policy of this department that

all funds related to informant payments will be routinely audited and that payments to informants

will be made according to the criteria outlined in this policy.

603.4 USE OF INFORMANTS

603.4.1 INITIAL APPROVAL

Before using an individual as an informant, an officer must receive approval from his/her

supervisor. The officer shall compile sufficient information through a background investigation and

experience with the informant in order to determine the suitability of the individual, including age,

maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility.

Members of this department should not guarantee absolute safety or confidentiality to an

informant.

603.4.3 INFORMANT AGREEMENTS

All informants are required to sign and abide by the provisions of the designated department

informant agreement. The officer using the informant shall discuss each of the provisions of the

agreement with the informant.

Details of the agreement are to be approved in writing by a supervisor before being finalized with

the informant.

603.4.4 JUVENILE INFORMANTS

The use of juvenile informants under the age of 13-years is prohibited.

In all cases, a juvenile 13 years of age or older may only be used as an informant with the written

consent of each of the following:

(a) The juvenile’s parents or legal guardians

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(b) The juvenile’s attorney, if any

(d) The Chief of Police or the authorized designee

603.5 INFORMANT INTEGRITY

To maintain the integrity of the informant process, the following must be adhered to:

(a) The identity of an informant acting in a confidential capacity shall not be withheld

from the Chief of Police, Division Chief, Street Crimes supervisor or their authorized

designees.

1. Identities of informants acting in a confidential capacity shall otherwise be kept

confidential.

(b) Criminal activity by informants shall not be condoned.

of the West Jordan Police Department, and that they shall not represent themselves

as such.

(d) The relationship between department members and informants shall always be ethical

and professional.

1. Members shall not become intimately involved with an informant.

2. Social contact shall be avoided unless it is necessary to conduct an official

investigation, and only with prior approval of the Street Crimes supervisor.

3. Members shall neither solicit nor accept gratuities or engage in any private

business transaction with an informant.

(e) Officers shall not meet with informants in a private place unless accompanied by at

least one additional officer or with prior approval of the Street Crimes supervisor.

1. Officers may meet informants alone in an occupied public place, such as a

restaurant.

(f) When contacting informants for the purpose of making payments, officers shall

arrange for the presence of another officer.

(g) In all instances when department funds are paid to informants, a voucher shall be

completed in advance, itemizing the expenses.

(h) Since the decision rests with the appropriate prosecutor, officers shall not promise that

the informant will receive any form of leniency or immunity from criminal prosecution.

603.5.1 UNSUITABLE INFORMANTS

The suitability of any informant should be considered before engaging him/her in any way in a

covert or other investigative process. Members who become aware that an informant may be

unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a

determination has been made by a supervisor, the informant should not be used by any member.

The supervisor shall determine whether the informant should be used by the Department and,

if so, what conditions will be placed on his/her participation or any information the informant

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provides. The supervisor shall document the decision and conditions in file notes and mark the

file “unsuitable” when appropriate.

Considerations for determining whether an informant is unsuitable include, but are not limited to,

the following:

(a) The informant has provided untruthful or unreliable information in the past.

(b) The informant behaves in a way that may endanger the safety of an officer.

investigation.

(d) The informant appears to be using his/her affiliation with this department to further

criminal objectives.

(e) The informant creates officer-safety issues by providing information to multiple law

enforcement agencies simultaneously, without prior notification and approval of each

agency.

(f) The informant engages in any other behavior that could jeopardize the safety

of officers or the integrity of a criminal investigation.

(g) The informant commits criminal acts subsequent to entering into an informant

agreement.

603.7 INFORMANT FILES

Informant files shall be utilized as a source of background information about the informant, to

enable review and evaluation of information provided by the informant, and to minimize incidents

that could be used to question the integrity of department members or the reliability of the

informant.

Informant files shall be maintained in a secure area within the Street Crimes. The Street Crimes

supervisor or the authorized designee shall be responsible for maintaining informant files. Access

to the informant files shall be restricted to the Chief of Police, Division Chief, Street Crimes

supervisor or their authorized designees.

The Investigation Division Chief should arrange for an audit using a representative sample of

randomly selected informant files on a periodic basis, but no less than one time per year. If

the Street Crimes supervisor is replaced, the files will be audited before the new supervisor takes

over management of the files. The purpose of the audit is to ensure compliance with file content

and updating provisions of this policy. The audit should be conducted by a supervisor who does

not have normal access to the informant files.

603.7.1 FILE SYSTEM PROCEDURE

A separate file shall be maintained on each informant and shall be coded with an assigned

informant control number. An informant history shall be prepared to correspond to each informant

file and include the following information:

(a)

Name and aliases

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(b)

Date of birth

(c)

Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or

other distinguishing features

(d) Photograph

(e)

Current home address and telephone numbers

(f)

Current employers, positions, addresses and telephone numbers

(g)

Vehicles owned and registration information

(h)

Places frequented

(i)

Briefs of information provided by the informant and his/her subsequent reliability

If an informant is determined to be unsuitable, the informant's file is to be

marked "unsuitable" and notations included detailing the issues that caused this

classification

(j)

Name of officer initiating use of the informant

(k)

Signed informant agreement

(l)

Update on active or inactive status of informant

603.8 INFORMANT PAYMENTS

No informant will be told in advance or given an exact amount or percentage for his/her service.

The amount of funds to be paid to any informant will be evaluated against the following criteria:

•

The extent of the informant's personal involvement in the case

•

The significance, value or effect on crime

•

The value of assets seized

•

The quantity of the drugs or other contraband seized

•

The informant’s previous criminal activity

•

The level of risk taken by the informant

The Street Crimes supervisor will discuss the above factors with the Patrol Division Chief and

recommend the type and level of payment subject to approval by the Chief of Police.

603.8.1 PAYMENT PROCESS

Approved payments to an informant should be in cash using the following process:

(a) Payments of $500 and under may be paid in cash from a Street Crimes buy/expense

fund.

1. The Street Crimes supervisor shall sign the voucher for cash payouts from the

buy/expense fund.

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(b) Payments exceeding $500 shall be made by issuance of a check, payable to the officer

who will be delivering the payment.

1. The check shall list the case numbers related to and supporting the payment.

2. A written statement of the informant's involvement in the case shall be placed

in the informant's file.

3. The statement shall be signed by the informant verifying the statement as a true

summary of his/her actions in the case.

4. Authorization signatures from the Chief of Police and the City Administrator are

required for disbursement of the funds.

shall complete a cash transfer form.

1. The cash transfer form shall include the following:

(a) Date

(b) Payment amount

(d) A statement that the informant is receiving funds in payment for information

voluntarily rendered.

2. The cash transfer form shall be signed by the informant.

3. The cash transfer form will be kept in the informant's file.

603.8.2 AUDIT OF PAYMENTS

The Street Crimes supervisor or the authorized designee shall be responsible for compliance with

any audit requirements associated with grant provisions and applicable state and federal law.

At least once every six months, the Chief of Police or the authorized designee should conduct an

audit of all informant funds for the purpose of accountability and security of the funds. The funds

and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts

and logs) will assist with the audit process.

603.8.3 REPORTING OF PAYMENTS

Each informant receiving a cash payment shall be advised of his/her responsibility to report the

cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any

reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such

documentation or reporting may reveal the identity of the informant and by doing so jeopardize

any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS

Form 1099 should not be issued.

In such cases, the informant shall be provided a letter identifying the amount he/she must report

on a tax return as “other income” and shall be required to provide a signed acknowledgement

of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be

retained in the informant’s file.

Policy

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Eyewitness Identification

604.1 PURPOSE AND SCOPE

This policy sets forth guidelines to be used when members of this department employ eyewitness

identification techniques.

604.1.1 DEFINITIONS

Definitions related to the policy include:

Eyewitness identification process - Any field identification, live lineup or photographic

identification.

Field identification - A live presentation of a single individual to a witness following the

commission of a criminal offense for the purpose of identifying or eliminating the person as the

suspect.

Live lineup - A live presentation of individuals to a witness for the purpose of identifying or

eliminating an individual as the suspect.

Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or

eliminating an individual as the suspect.

604.2 POLICY

The West Jordan Police Department will strive to use eyewitness identification techniques,

when appropriate, to enhance the investigative process and will emphasize identifying persons

responsible for crime and exonerating the innocent.

604.3 INTERPRETIVE SERVICES

Members should make a reasonable effort to arrange for an interpreter before proceeding with

eyewitness identification if communication with a witness is impeded due to language or hearing

barriers.

Before the interpreter is permitted to discuss any matter with the witness, the investigating member

should explain the identification process to the interpreter. Once it is determined that the interpreter

comprehends the process and can explain it to the witness, the eyewitness identification may

proceed as provided for within this policy.

604.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM

The Detective Bureau supervisor shall be responsible for the development and maintenance of

an eyewitness identification process for use by members when they are conducting eyewitness

identifications.

The process should include appropriate forms or reports that provide:

(a)

The date, time and location of the eyewitness identification procedure.

(b)

The name and identifying information of the witness.

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(c)

The name of the person administering the identification procedure.

(d)

If applicable, the names of all of the individuals present during the identification

procedure.

(e) An instruction to the witness that it is as important to exclude innocent persons as it

is to identify a perpetrator.

(f)

An instruction to the witness that the perpetrator may or may not be among those

presented and that the witness is not obligated to make an identification.

(g) If the identification process is a photographic or live lineup, an instruction to the witness

that the perpetrator may not appear exactly as he/she did on the date of the incident.

(h)

An instruction to the witness that the investigation will continue regardless of whether

identification is made by the witness.

(i) A signature line where the witness acknowledges that he/she understands the

identification procedures and instructions.

(j) A statement from the witness in the witness's own words describing how certain he/

she is of the identification or non-identification. This statement should be taken at the

time of the identification procedure.

The process and related forms should be reviewed at least annually and modified when necessary.

604.5 EYEWITNESS IDENTIFICATION

Members are cautioned not to, in any way, influence a witness as to whether any subject or photo

presented in a lineup is in any way connected to the case. Members should avoid mentioning that:

•

The individual was apprehended near the crime scene.

•

The evidence points to the individual as the suspect.

•

Other witnesses have identified, or failed to identify, the individual as the suspect.

In order to avoid undue influence, witnesses should view suspects or a lineup individually and

outside the presence of other witnesses. Witnesses should be instructed to avoid discussing

details of the incident or of the identification process with other witnesses.

Whenever feasible, the eyewitness identification procedure should be audio and/or video recorded

and the recording should be retained according to current evidence procedures.

604.5.1 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS

.PHOTOGRAPHSPhoto lineup when member presenting the lineup should not be involved in

the investigation of the case or know the identity of the suspect. In no case should the member

presenting a lineup to a witness know which photograph or person in the lineup is being viewed

by the witness. Techniques to achieve this include randomly numbering photographs, shuffling

folders or using a computer program to order the persons in the lineup.

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Individuals in the lineup should reasonably match the description of the perpetrator provided by

the witness and should bear similar characteristics to avoid causing any person to unreasonably

stand out. In cases involving multiple suspects, a separate lineup should be conducted for each

suspect. The suspects should be placed in a different order within each lineup. The witness should

view all persons in the lineup.

A live lineup should only be used before criminal proceedings have been initiated against the

suspect. If there is any question as to whether any criminal proceedings have begun, the

investigating member should contact the appropriate prosecuting attorney before proceeding.

604.5.2 FIELD IDENTIFICATION CONSIDERATIONS

Field identifications, also known as field elimination show-ups or one-on-one identifications, may

be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo

or live lineup identifications. A field elimination show-up or one-on-one identification should not be

used when independent probable cause exists to arrest a suspect. In such cases a live or photo

lineup is the preferred course of action if eyewitness identification is contemplated.

When initiating a field identification, the officer should observe the following guidelines:

(a)

Obtain a complete description of the suspect from the witness.

(b)

Assess whether a witness should be included in a field identification process by

considering:

The length of time the witness observed the suspect.

The distance between the witness and the suspect.

Whether the witness could view the suspect’s face.

The quality of the lighting when the suspect was observed by the witness.

Whether there were distracting noises or activity during the observation.

Any other circumstances affecting the witness’s opportunity to observe the

suspect.

The length of time that has elapsed since the witness observed the suspect.

(c)

If safe and practicable, the person who is the subject of the show-up should not be

handcuffed or in a patrol vehicle.

(d)

When feasible, members should bring the witness to the location of the subject of the

show-up, rather than bring the subject of the show-up to the witness.

(e)

The person who is the subject of the show-up should not be shown to the same witness

more than once.

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(f)

In cases involving multiple suspects, witnesses should only be permitted to view the

subjects of the show-up one at a time.

(g)

The person who is the subject of the show-up should not be required to put on clothing

worn by the suspect, to speak words uttered by the suspect or to perform other actions

mimicking those of the suspect.

(h)

If a witness positively identifies a subject of a show-up as the suspect, members should

not conduct any further field identifications with other witnesses for that suspect. In

such instances members should document the contact information for any additional

witnesses for follow up, if necessary.

604.6 DOCUMENTATION

A thorough description of the eyewitness process and the results of any eyewitness identification

should be documented in the case report.

If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness

should be included in the case report. In addition, the order in which the photographs were

presented to the witness should be documented in the case report.

Policy

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Brady Material Disclosure

605.1 PURPOSE AND SCOPE

This policy establishes guidelines for identifying and releasing potentially exculpatory or

impeachment information (so-called “Brady information”) to a prosecuting attorney.

605.1.1 DEFINITIONS

Definitions related to this policy include:

Brady information - Information known or possessed by the West Jordan Police Department

that is both favorable and material to the current prosecution or defense of a criminal defendant.

605.2 POLICY

The West Jordan Police Department will conduct fair and impartial criminal investigations and will

provide the prosecution with both incriminating and exculpatory evidence, as well as information

that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt,

the West Jordan Police Department will assist the prosecution by complying with its obligation to

disclose information that is both favorable and material to the defense. The Department will identify

and disclose to the prosecution potentially exculpatory information, as provided in this policy.

605.3 DISCLOSURE OF INVESTIGATIVE INFORMATION

Officers must include in their investigative reports adequate investigative information and

reference to all material evidence and facts that are reasonably believed to be either incriminating

or exculpatory to any individual in the case. If an officer learns of potentially incriminating or

exculpatory information any time after submission of a case, the officer or the handling investigator

must prepare and submit a supplemental report documenting such information as soon as

practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor’s

office.

If information is believed to be privileged or confidential (e.g., confidential informant or attorney-

client information, attorney work product), the officer should discuss the matter with a supervisor

and/or prosecutor to determine the appropriate manner in which to proceed.

Evidence or facts are considered material if there is a reasonable probability that they would affect

the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material

often requires legal or even judicial review. If an officer is unsure whether evidence or facts are

material, the officer should address the issue with a supervisor.

Supervisors who are uncertain about whether evidence or facts are material should address the

issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in

the Department case file.

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605.4 DISCLOSURE OF PERSONNEL INFORMATION

If a member of this department is a material witness in a criminal case, a person or persons

designated by the Chief of Police shall examine the personnel file and/or internal affairs file of the

officer to determine whether they contain Brady information. If Brady information is located, the

following procedure shall apply:

(a) In the event that a motion has not already been filed by the criminal defendant or

other party, the prosecuting attorney and department member shall be notified of the

potential presence of Brady material in the member’s personnel file.

(b) The prosecuting attorney or department counsel should be requested to file a motion

in order to initiate an in-camera review by the court (Utah Code 63G-2-202(7)).

1. If no motion is filed, the supervisor should work with counsel to determine

whether the records should be disclosed to the prosecutor.

camera inspection to address any issues or questions raised by the court.

(d) If the court determines that there is relevant Brady material contained in the files, only

that material ordered released will be copied and released to the parties filing the

motion.

1. Prior to the release of any materials pursuant to this process, the Custodian

of Records should request a protective order from the court limiting the use of

such materials to the involved case and requiring the return of all copies upon

completion of the case.

(e) If a court has determined that relevant Brady information is contained in the member’s

file in any case, the prosecutor should be notified of that fact in all future cases involving

that member.

The person or persons designated by the Chief of Police should periodically examine the

personnel files and/or internal affairs files of all officers who may be material witnesses in criminal

cases to determine whether they contain Brady information. The obligation to provide Brady

information is ongoing. If any new Brady information is identified, the prosecuting attorney should

be notified.

605.5 INVESTIGATING BRADY ISSUES

If the Department receives information from any source that a member may have issues of

credibility, dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the

information shall be investigated and processed in accordance with the Personnel Complaints

Policy.

605.6 SUBPOENA PROCESSING

The individual processing subpoenas (or the supervisor of the subpoenaed member) shall check

the subpoenaed member’s name against the current list of those who are known to have Brady

information in their files or background, and shall alert the coordinator if a person on the list is

subpoenaed.

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605.7 TRAINING

Department personnel should receive periodic training on the requirements of this policy.

Policy

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Pawn Shop Holds

606.1 PURPOSE AND SCOPE

Property with evidentiary value is often found at pawn shops and secondhand businesses. Utah

law allows the West Jordan Police Department to seize or place a hold on such property. This

policy provides guidance on placing such holds.

606.2 POLICY

The West Jordan Police Department will place a hold on an item that has evidentiary value and

is in the possession of a pawn or secondhand business only as allowed by Utah law and when

the item is necessary to an open investigation.

606.3 PROCEDURE

A member of the Department may require a pawnbroker or secondhand business to place a 90-

day hold on an item in the possession of the pawnbroker or secondhand business if the item

is necessary to an open investigation. The hold may be extended for an additional 90 days if

warranted. Subsequent extensions must be approved by a court order (Utah Code 13-32a-109).

An officer may seize the held item when exigent circumstances exist or when necessary during

the course of a criminal investigation. Items may also be seized (Utah Code 13-32a-109.5; Utah

Code 13-32a-115(2)):

(a) When seizure is necessary to permit the fingerprinting or chemical testing of the item.

(b) If the item contains unique or sensitive personal identifying information.

A written hold or seizure notice shall be provided and shall include (Utah Code 13-32a-109.5):

•

An active case number.

•

The date of the hold or seizure request and the property to be held or seized.

•

Notice to the pawnbroker or secondhand business of contact information to allow

tracking of the property when the prosecuting agency takes over the case.

•

If the property is seized, the reason the property is necessary during the course of a

criminal investigation.

If the pawnbroker or secondhand business is located outside of the jurisdiction of this department,

a copy of the hold notice shall be sent to the local law enforcement agency having jurisdiction (Utah

Code 13-32a-109). An extension of the hold must be communicated in writing to the pawnbroker

or secondhand business prior to the expiration of the initial 90-day hold (Utah Code 13-32a-109).

Whenever the officer has reason to believe that property subject to a hold is in the possession

of a pawnbroker or secondhand business, the officer should notify the person who reported the

property as lost or stolen, as well as any agency taking a report, of all of the following:

•

The name, address, and telephone number of the pawnbroker or secondhand

business that reported the acquisition of the property or where the property is located.

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•

The length of any holding period.

606.4 TERMINATION OF HOLD

The evidence supervisor should maintain a file copy of all hold notices and should review the file

at least every 30 days for pending expirations. When the need for the hold or seizure of an item

is terminated and no original victim was located, the Department shall, within 15 business days

after the termination (Utah Code 13-32a-109(7)):

(a) Notify the pawnbroker or secondhand business in writing that the hold or seizure has

been terminated.

(b) Return the item to the pawnbroker or secondhand business, or advise the pawnbroker

or secondhand business, either in writing or electronically, of the specific alternative

disposition of the item.

If an original victim was located, the release of the property shall only be made with the consent

of the appropriate prosecutor and with notices made according to Utah Code 13-32a-109(8).

If this Department receives a registered or certified letter from the pawnbroker or secondhand

business informing the Department that the holding period has expired, the Department shall

respond within 30 days in the manner prescribed by law (Utah Code 13-32a-109(9)).

606.5 TRAINING

The Training Sergeant should ensure that members with access to the Utah Division of Consumer

Protection's central database for pawnbrokers and secondhand business (Utah Code 13-32a-105)

receive annual training related to property held by pawn shops and secondhand businesses (Utah

Code 13-32a-112.1).

Policy

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Warrant Service

607.1 PURPOSE AND SCOPE

This policy establishes guidelines for the planning and serving of arrest and search warrants by

members of this Department. It is understood that this policy cannot address every variable or

circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve

rapidly evolving and unique circumstances.

This policy is intended to be used in conjunction with the Operations Planning and Deconfliction

Policy, which has additional guidance on planning and serving high-risk warrants.

This policy is not intended to address the service of search warrants on locations or property

already secured or routine field warrant arrests by patrol officers.

607.1.1 DEFINITIONS

Definitions related to this policy include:

Reportable incident - An incident where forcible entry is used or a special unit specifically trained

and equipped to respond to critical, high-risk situations is deployed in the service of a search

warrant (Utah Code 77-7-8.5).

607.2 POLICY

It is the policy of the West Jordan Police Department to balance the safety needs of the public, the

safety of department members, privacy interests and other relevant factors when making decisions

related to the service of search and arrest warrants.

607.3 OPERATIONS DIRECTOR

The operations director (see the Operations Planning and Deconfliction Policy) shall review all risk

assessment forms with the involved supervisor to determine the risk level of the warrant service.

The director will also have the responsibility to coordinate service of those warrants that are

categorized as high risk. Deconfliction, risk assessment, operational planning, briefing and

debriefing should follow guidelines in the Operations Planning and Deconfliction Policy.

607.3.1 REPORTING REQUIREMENTS

The operations director shall prepare a report on all reportable incidents in the format developed

by the Commission on Criminal and Juvenile Justice (CCJJ), as required by Utah Code 77-7-8.5.

The director shall ensure that reports on all reportable incidents in the prior year are submitted

to the Chief of Police by February 1 of each year (see the Operations Planning and Deconfliction

Policy for additional reporting requirements).

The Chief of Police shall review and approve the report and ensure that it is forwarded to the CCJJ

and the designated recipient for the City no later than April 30.

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607.3.2 MODEL GUIDELINES OF THE UTAH PEACE OFFICER STANDARDS AND

TRAINING COUNCIL

The operations director shall be familiar with any model guidelines and procedures recommended

by the Utah Peace Officer Standards and Training Council regarding warrants and ensure

members follow the guidelines and procedures (Utah Code 77-23-210).

607.4 SEARCH WARRANTS

Officers should receive authorization from a supervisor before preparing a search warrant

application. Once authorization is received, the officer will prepare the affidavit and search warrant,

consulting with the applicable prosecuting attorney as needed. He/she will also complete the risk

assessment form and submit it, along with the warrant affidavit, to the appropriate supervisor

and the operations director for review and classification of risk (see the Operations Planning and

Deconfliction Policy).

607.5 ARREST WARRANTS

If an officer reasonably believes that serving an arrest warrant may pose a higher risk than

commonly faced on a daily basis, the officer should complete the risk assessment form and submit

it to the appropriate supervisor and the operations director for review and classification of risk (see

the Operations Planning and Deconfliction Policy).

If the warrant is classified as high risk, service will be coordinated by the operations director. If the

warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence

to make an arrest against other alternatives, such as arresting the person outside the residence

where circumstances may pose a lower risk.

607.6 WARRANT PREPARATION

An officer who prepares a warrant shall ensure the documentation in support of the warrant

contains as applicable:

(a) Probable cause to support the search or arrest, including relevant dates and times

to demonstrate timeliness and facts to support any request for nighttime or no-knock

warrant execution.

(b) A clear explanation of the affiant’s training, experience and relevant education.

conclusions.

(d) A nexus between the place to be searched and the persons or items central to

the investigation. The facts supporting this nexus should be clear and current. For

example, the affidavit shall explain why there is probable cause to believe that a

particular person is currently residing at a particular location or that the items sought

are present at a particular location.

(e) Full disclosure of known or suspected residents at the target location and any

indication of separate living spaces at the target location. For example, it should be

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disclosed that several people may be renting bedrooms at a single location, even if

the exact location of the rooms is not known.

(f) A specific description of the location to be searched, including photographs of the

location, if reasonably available.

(g) A sufficient description of the items to be seized.

(h) Full disclosure of any exculpatory information relevant to the warrant application (refer

to the Brady Material Disclosure Policy).

607.7 HIGH-RISK WARRANT SERVICE

The operations director or the authorized designee shall coordinate the service of warrants that

are categorized as high risk and shall have sole authority in determining the manner in which the

warrant will be served, including the number of officers deployed.

The member responsible for directing the service should ensure the following as applicable:

(a) When practicable and when doing so does not cause unreasonable risk, video or

photographic documentation is made of the condition of the location prior to execution

of a search warrant. The images should include the surrounding area and persons

present.

(b) The warrant service is audio- and video-recorded when practicable and reasonable

to do so.

1. Members executing a warrant shall wear a body-worn camera unless exigent

circumstances make the use of such camera impracticable (Utah Code

77-23-210).

so. All other members involved in the service of the warrant should alert one of the

designated members to the presence of potential evidence and not touch or disturb

the items.

(d) Reasonable efforts are made during the search to maintain or restore the condition

of the location.

(e) Persons who are detained as part of the search warrant service are handled

appropriately under the circumstances.

(f) Reasonable care provisions are made for children and dependent adults (see the Child

and Dependent Adult Safety Policy).

(g) A list is made of all items seized and a copy of the list is left with the person in charge

of the premises if present or otherwise left in a conspicuous place.

(h) A copy of the search warrant is left at the location.

(i) The condition of the property is documented with video recording or photographs after

the search.

(j) If the use of an imaging surveillance device is requested, the application must include

a description of the capabilities of the device and the measures that the officers will

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take to avoid the device being used in a manner beyond the scope of the warrant

(Utah Code 77-23d-103).

(k) Absent exigent circumstances, officers serving a search warrant shall wear a uniform

or other clothing that clearly identifies them as law enforcement, including a badge

and law enforcement label (Utah Code 77-23-210).

607.7.1 NO-KNOCK ENTRIES

Officers may execute a warrant without notice of the authority and purpose only if (Utah Code

77-23-210; Utah Code 77-7-6; Utah Code 77-7-8):

(a) A no-knock warrant has been issued.

(b) There is reasonable suspicion to believe that the notice will endanger the life or safety

of the officer or another person.

(d) There is reason to believe that the notice will enable the escape of a person to be

arrested.

(e) The person to be arrested is engaged in the commission or attempted commission

of an offense or has been pursued immediately after the commission of an offense

or an escape.

607.8 DETENTIONS DURING WARRANT SERVICE

Officers must be sensitive to the safety risks of all persons involved with the service of a warrant.

Depending on circumstances and facts present, it may be appropriate to control the movements

of any or all persons present at a warrant service, who may not be the subject of a warrant or

suspected in the case. However, officers must be mindful that only reasonable force may be used

and weapons should be displayed no longer than the officer reasonably believes is necessary

(see the Use of Force Policy).

As soon as it can be determined that an individual is not subject to the scope of a warrant and that

no further reasonable suspicion or safety concerns exist to justify further detention, the person

should be promptly released.

Officers should, when and to the extent reasonable, accommodate the privacy and personal needs

of the people who have been detained.

607.9 ACTIONS AFTER WARRANT SERVICE

The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any

associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible,

but in any event no later than any date specified on the warrant.

607.9.1 NOTIFICATIONS REGARDING USE OF IMAGING SURVEILLANCE DEVICE

When an imaging surveillance device is used during the service of a warrant, notification shall be

made to the person who owns or otherwise resides at the location specified in the warrant within

14 days unless a court-ordered extension has been granted (Utah Code 77-23d-104).

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607.10 OUTSIDE AGENCIES AND CROSS-JURISDICTIONAL WARRANTS

The operations director will ensure that cooperative efforts with other agencies in the service of

warrants conform to existing mutual aid agreements or other memorandums of understanding and

will work cooperatively to mitigate risks including, but not limited to, the following:

•

Identity of team members

•

Roles and responsibilities

•

Familiarity with equipment

•

Rules of engagement

•

Asset forfeiture procedures

Any outside agency requesting assistance in the service of a warrant within this jurisdiction should

be referred to the operations director. The director should review and confirm the warrant, including

the warrant location, and should discuss the service with the appropriate supervisor from the

other agency. The director should ensure that members of the West Jordan Police Department

are utilized appropriately. Any concerns regarding the requested use of West Jordan Police

Department members should be brought to the attention of the Chief of Police or the authorized

designee. The actual service of the warrant will remain the responsibility of the agency requesting

assistance.

If the operations director is unavailable, the Watch Commander should assume this role.

If officers intend to serve a warrant outside West Jordan Police Department jurisdiction, the

operations director should provide reasonable advance notice to the applicable agency, request

assistance as needed, and work cooperatively on operational planning and the mitigation of risks

detailed in this policy.

Officers will remain subject to the policies of the West Jordan Police Department when assisting

outside agencies or serving a warrant outside the West Jordan Police Department jurisdiction.

607.11 MEDIA ACCESS

No advance information regarding warrant service operations shall be released without the

approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled

in accordance with the Media Relations Policy.

607.12 TRAINING

Officers should receive periodic training on this policy and associated topics, such as legal issues,

warrant preparation, warrant service and reporting requirements.

Policy

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Operations Planning and Deconfliction

608.1 PURPOSE AND SCOPE

This policy provides guidelines for planning, deconfliction and execution of high-risk operations,

such as search warrants, sting operations and arrest warrant service. The policy also covers the

risk mitigation process that should be a part of these activities.

608.1.1 DEFINITIONS

Definitions related to this policy include:

Deconfliction - A centralized process that allows for the collection of operations and case

information and that provides alerts to enhance safety and avoid duplication or confliction of

operations.

Reportable incident - When law enforcement officers use forcible entry to serve a search warrant,

or when a special unit that is specifically trained and equipped to respond to critical, high-

risk situations within either the Department or an assisting department is deployed (Utah Code

77-7-8.5).

608.2 POLICY

It is the policy of the West Jordan Police Department to properly plan and execute large scale

and high-risk operations. Proper planning and execution enable effective coordination of such

operations. The WJPD will participate in a regional deconfliction system that is designed to

enhance the safety of officers and the public, to decrease the risk of compromising investigations

and prevent the duplication of efforts.

608.3 OPERATIONS DIRECTOR

The Chief of Police will designate a member of this department to be the operations director.

The operations director will develop and maintain a risk assessment form for use in assessing,

planning and coordinating high-risk operations. The form also should provide a process for

supervisors to identify operations that have a lower level of risk.

The director will review risk assessment forms with operations supervisors to determine whether

a particular incident qualifies as high risk, and will also have the responsibility of directing high-

risk operations.

608.3.1 REPORTING REQUIREMENTS

A report shall be prepared for all reportable incidents in the format developed by the Commission

on Criminal and Juvenile Justice (CCJJ), as required by Utah Code 77-7-8.5. This report including

all reportable incidents which occurred in the prior year shall be submitted to the Chief of Police

by February 1st of each year (see the Warrant Service Policy).

Reportable incidents include SWAT deployments for situations other than warrant service, such as

hostage or barricaded subjects. This information should be obtained from the SWAT Commander.

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The Chief of Police shall review and approve the report and ensure that it is forwarded to the CCJJ

and the designated recipient for the City no later than April 30th.

608.4 DECONFLICTION

The officer who is the operation lead shall ensure the investigative target and location have

been entered in the regional target deconfliction system to determine if there is conflicting activity

by other agencies involving the same individual, group or location. This should occur as early

in the process as practical, but no later than two hours prior to the commencement of the

operation. The officer should also enter updated information when it is received. If any conflict is

discovered, the supervisor will contact the involved jurisdiction and resolve the potential conflict

before proceeding with the operation.

608.5 OPERATION PLAN

The operations director or the authorized designee shall supervise operations that are categorized

as high-risk. The director should ensure that a written plan is developed. The plan should address

such issues as:

(a) Operation goals, objectives and strategies.

(b) Information from the risk assessment form, by attaching a completed copy in the

operation plan.

1. The volume or complexity of the information may indicate that the plan includes

a synopsis of the information contained on the risk assessment form to ensure

clarity and highlighting of critical information.

1. An adequate number of uniformed officers are included in the operation team to

ensure the operation is recognized as a legitimate law enforcement operation.

2. How all participants will be identified as law enforcement.

(d) Whether deconfliction submissions are current and that all target individuals, groups

and locations have been deconflicted to the extent reasonably practicable.

(e) Identification of communications channels and call-signs.

(f) Use of force issues.

(g) Contingencies for handling medical emergencies (e.g., services available at the

location, closest hospital, closest trauma center).

(h) Plans for detaining people who are not under arrest.

(i) Contingencies for handling children, dependent adults, animals and other people

who might be at the location. This should be done in accordance with the Child and

Dependent Adult Safety and the Animal Control policies.

(j) Documentation of actions and responsibilities for collection, review and approval of

reports.

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608.5.1 OPERATION PLAN RETENTION

Since the operation plan contains intelligence information and descriptions of police tactics, it shall

not be filed with the police report package. It shall be stored separately and retained in accordance

with the established records retention schedule.

608.6 OPERATION BRIEFING

A briefing should be held prior to the commencement of the operation to allow all participants to

understand the operation, see and identify each other, identify roles and responsibilities, and to

ask questions or seek clarification as needed. Anyone who is not present at the briefing should

not be present at the location of the operation without specific supervisory approval.

(a) The briefing should include a verbal review of the plan’s elements, using visual aids,

to enhance the participants’ understanding of the plan.

(b) All participants should be provided a copy of the plan and search warrant, if applicable.

If a search warrant is being served, participating personnel should be directed to read

the search warrant and initial a copy that is retained with the operation plan. Any items

to be seized should be identified at the briefing.

are visually identifiable as law enforcement officers.

1. Exceptions may be specifically identified because of a specialized function, such

as officers who are conducting surveillance or working undercover. However,

those members exempted from visual identification should be able to transition

to a visible law enforcement indicator at the time of enforcement actions, such

as entries or arrests.

(d) The briefing should include details of the communications plan.

(a) It is the responsibility of the operation supervisor to ensure that Dispatch is

notified of the time and location of the operation prior to officers arriving at the

location.

(b) The briefing should include a communications check to ensure that all

participants are able to communicate with the available equipment on the

designated radio channel.

608.7 SWAT PARTICIPATION

If the operations director determines that SWAT participation is appropriate, the director and

the SWAT supervisor shall work together to develop a written plan. The SWAT supervisor shall

assume operational control until the individuals at the scene are appropriately detained and it is

safe to begin a search. When this occurs, the SWAT supervisor shall transfer control of the scene

to the handling supervisor. This transfer should be communicated to the officers present.

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608.8 MEDIA ACCESS

No advance information regarding the operation shall be released without the approval of the Chief

of Police. Any media inquiries or press release after the fact shall be handled in accordance with

the Media Relations Policy.

608.9 DEBRIEFING

As soon as reasonably practicable, the operation should be debriefed. The debriefing should

include as many participants as possible. This debrief may be separate from any SWAT debriefing.

608.10 TRAINING

Officers and SWAT team members who participate in these types of operations should receive

periodic training on this policy, including, but not limited to, the following:

•

Legal issues

•

Deconfliction practices

•

Warrant preparation

•

Warrant service

•

Operations plan preparation

•

Reporting requirements

Policy

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Unmanned Aircraft System (UAS) Operations

609.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the use of an unmanned aircraft system

(UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.

609.1.1 DEFINITIONS

Definitions related to this policy include (Utah Code 72-14-102):

Unmanned aircraft system (UAS) – An unmanned aircraft of any type that is capable of

sustaining flight whether preprogrammed or remotely controlled (commonly referred to as an

unmanned aircraft) and all of the supporting or attached systems designed for gathering

information through imaging, recording or any other means.

609.2 POLICY

A UAS may be utilized to enhance the department's mission of protecting lives and property when

other means and resources are not available or are less effective. Any use of a UAS will be in

strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA)

regulations.

609.3 PRIVACY

The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent

circumstances, operators and observers shall adhere to FAA altitude regulations and shall not

intentionally record or transmit images of any location where a person would have a reasonable

expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take

reasonable precautions to avoid inadvertently recording or transmitting images of areas where

there is a reasonable expectation of privacy. Reasonable precautions can include, for example,

deactivating or turning imaging devices away from such areas or persons during UAS operations.

609.4 PROGRAM COORDINATOR

The Chief of Police will appoint a program coordinator who will be responsible for the management

of the UAS program. The program coordinator will ensure that policies and procedures conform to

current laws, regulations and best practices and will have the following additional responsibilities:

•

Coordinating the FAA Certificate of Waiver or Authorization (COA) application process

and ensuring that the COA is current.

•

Ensuring that all authorized operators and required observers have completed all

required FAA and department-approved training in the operation, applicable laws,

policies and procedures regarding use of the UAS.

•

Developing uniform protocol for submission and evaluation of requests to deploy

a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require written authorization of the Chief of Police or the

authorized designee, depending on the type of mission.

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•

Developing protocol for conducting criminal investigations involving a UAS, including

documentation of time spent monitoring a subject.

•

Implementing a system for public notification of UAS deployment.

•

Developing operational protocol governing the deployment and operation of a UAS

including, but not limited to, safety oversight, use of visual observers, establishment

of lost link procedures and secure communication with air traffic control facilities.

•

Developing a protocol for fully documenting all missions (Utah Code 72-14-205).

•

Developing UAS inspection, maintenance and record-keeping protocol to ensure

continuing airworthiness of a UAS, up to and including its overhaul or life limits.

•

Developing protocols to ensure that all data intended to be used as evidence are

accessed, maintained, stored and retrieved in a manner that ensures its integrity as

evidence, including strict adherence to chain of custody requirements. Electronic trails,

including encryption, authenticity certificates and date and time stamping, shall be

used as appropriate to preserve individual rights and to ensure the authenticity and

maintenance of a secure evidentiary chain of custody.

•

Facilitating law enforcement access to images and data captured by its UAS.

•

Developing protocols that ensure retention and purge periods are maintained in

accordance with established records retention schedules.

•

Recommending program enhancements, particularly regarding safety and information

security.

•

Ensuring that established protocols are followed by monitoring and providing periodic

reports on the program to the Chief of Police.

•

Ensuring that data collected on a person, object, structure, or area that is not a

target, as defined by Utah Code 72-14-202, is not used, copied or disclosed (Utah

Code 72-14-204).

609.5 USE OF UAS

Only authorized operators who have completed the required training shall be permitted to operate

the UAS.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally

available to the public) is permissible in viewing areas where there is no protectable privacy interest

or where a warrant has been obtained. In all other instances, legal counsel should be consulted.

UAS operations shall only be conducted during daylight hours and a UAS shall not be flown over

populated areas without FAA approval.

Members shall not obtain, receive or use data acquired through an UAS unless the data was

obtained pursuant to a search warrant, obtained under a valid warrant exception, or used to locate

a lost or missing person in an area where no person would have a reasonable expectation of

privacy (Utah Code 72-14-203).

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609.5.1 DATA COLLECTED BY PRIVATE CITIZEN

The West Jordan Police Department may not accept or review data captured by a privately owned

UAS unless one of the following conditions exists (Utah Code 72-14-203):

(a) The person delivering the UAS data informs the Department that the data appear to

pertain to the commission of a crime.

(b) The receiving member, in good faith, that the data pertain to an imminent or ongoing

emergency that involves the danger of death or serious bodily injury to another person

and that the disclosure of the data will permit the Department to assist in responding

to the emergency.

609.5.2 DOCUMENTATION

The following information must be documented in any related report or other record of the law

enforcement encounter when the UAS is operated by a member of the West Jordan Police

Department, or when the Department obtains or receives data pursuant to Utah Code 72-14-203

(Utah Code 72-14-205):

(a) The presence and use of the UAS

(b) Any data acquired

609.5.3 TEMPORARY FLIGHT RESTRICTION DUE TO WILDLAND FIRES

A department UAS shall not be used in an area under a temporary flight restriction as a result of

a wildland fire without the permission of, and in accordance with the restrictions established by,

the official in command of the fire response (Utah Code 65A-3-2.5).

609.6 PROHIBITED USE

The UAS video surveillance equipment shall not be used:

•

To conduct random surveillance activities.

•

To target a person based solely on actual or perceived characteristics such as

race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or

expression, economic status, age, cultural group, or disability.

•

To harass, intimidate, or discriminate against any individual or group.

•

To conduct personal business of any type.

The UAS shall not be weaponized except under the provisions in Utah State Code (Utah Code

72-14-303).

609.7 RETENTION OF UAS DATA

The Records Bureau supervisor shall ensure that data collected by the UAS is deleted as soon

as reasonably possible subject to applicable retention schedules under the Utah Government

Records Access and Management Act (GRAMA) or a federal, state or local law (Utah Code

72-14-203; Utah Code 72-14-204).

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Chapter 7 - Equipment

Policy

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Department-Owned and Personal Property

700.1 PURPOSE AND SCOPE

Department employees are expected to properly care for Department property assigned or

entrusted to them. Employees may also suffer occasional loss or damage to personal or

Department property while performing their assigned duty. Certain procedures are required

depending on the loss and ownership of the item.

700.2 CARE OF DEPARTMENTAL PROPERTY

Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and

replacement of Department property assigned or entrusted to them. An employee’s intentional or

negligent abuse or misuse of Department property may lead to discipline including, but not limited

to the cost of repair or replacement.

(a) Employees shall promptly report through their chain of command any loss, damage to

or unserviceable condition of any Department-issued property or equipment assigned

for their use.

(b) The use of damaged or unserviceable Department property should be discontinued

as soon as practical and replaced with comparable Department property as soon as

available and following notice to a supervisor.

circumstances, Department property shall only be used by those to whom it was

assigned.

(d) Department property shall not be thrown away, sold, traded, donated, destroyed or

otherwise disposed of without proper authority.

(e) In the event that any Department property becomes damaged or unserviceable, no

employee shall attempt to repair the property without prior approval of a supervisor.

700.3 FILING CLAIMS FOR PERSONAL PROPERTY

Claims for reimbursement for damage or loss of personal property must be made on the proper

form. This form is submitted to the employee's immediate supervisor. The supervisor may require

a separate written report of the loss or damage.

The supervisor shall direct a memo to the appropriate Division Chief, which shall include the results

of his/her investigation and whether the employee followed proper procedures. The supervisor’s

report shall address whether reasonable care was taken to prevent the loss or damage.

Upon review by Staff and a finding that no misconduct or negligence was involved, repair or

replacement may be recommended by the Chief of Police who will then forward the claim to the

Finance Department.

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The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic

equipment) that are not reasonably required as a part of work.

700.3.1 REPORTING REQUIREMENT

A verbal report shall be made to the employee's immediate supervisor as soon as circumstances

permit.

A written report shall be submitted before the employee goes off-duty or within the time frame

directed by the supervisor to whom the verbal report is made.

700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER

Officers and other employees intentionally or unintentionally may cause damage to the real or

personal property of another while performing their duties. Any employee who damages or causes

to be damaged any real or personal property of another while performing any law enforcement

functions, regardless of jurisdiction, shall report it as provided below.

(a) A verbal report shall be made to the employee's immediate supervisor as soon as

circumstances permit.

(b) A written report shall be submitted before the employee goes off-duty or within the

time frame directed by the supervisor to whom the verbal report is made.

700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY

If employees of another jurisdiction cause damage to real or personal property belonging to the

City, it shall be the responsibility of the employee present or the employee responsible for the

property to make a verbal report to his/her immediate supervisor as soon as circumstances permit.

The employee shall submit a written report before going off-duty or as otherwise directed by the

supervisor.

These written reports, accompanied by the supervisor's written report, shall promptly be forwarded

to the appropriate Division Chief.

Policy

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Personal Communication Devices

701.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the use of mobile telephones and

communication devices, whether issued or funded by the Department or personally owned, while

on-duty or when used for authorized work-related purposes.

This policy generically refers to all such devices as Personal Communication Devices (PCD) but

is intended to include all mobile telephones, personal digital assistants (PDA) and similar wireless

two-way communications and/or portable Internet access devices. PCD use includes, but is not

limited to, placing and receiving calls, text messaging, blogging and microblogging, e-mailing,

using video or camera features, playing games and accessing sites or services on the Internet.

701.2 POLICY

The West Jordan Police Department allows employees to utilize department-issued or funded

PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any

PCD used while on-duty, or used off-duty in any manner reasonably related to the business of the

Department, will be subject to monitoring and inspection consistent with the standards set forth

in this policy.

The inappropriate use of a PCD while on-duty may impair officer safety. Additionally, employees

are advised and cautioned that the use of a personally owned PCD either on-duty or after duty

hours for business-related purposes may subject the employee and the employee’s PCD records

to civil or criminal discovery or disclosure under applicable public records laws.

Employees who have questions regarding the application of this policy or the guidelines contained

herein are encouraged to seek clarification from supervisory personnel.

701.3 PRIVACY POLICY

Employees shall have no expectation of privacy with regard to any communication made with or

stored in or through PCDs issued by the Department and shall have no expectation of privacy

in their location should the device be equipped with location detection capabilities. The use

of any department-provided or -funded PCD, computer, Internet service, telephone service or

other wireless service while on-duty is without any expectation of privacy that the employee

might otherwise have in any communication, including the content of any such communication.

Communications or data reception on personal, password-protected, web-based e-mail accounts

and any other services are subject to monitoring if department equipment is used.

In accordance with this policy, supervisors are authorized to conduct a limited administrative

search of electronic files without prior notice, consent or a search warrant, on department-

issued or personally owned PCDs that have been used to conduct department-related business.

Administrative searches can take place for work-related purposes that may be unrelated to

investigations of employee misconduct and, as practicable, will be done in the presence of the

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affected employee. Prior to conducting any search of personally owned devices, supervisors shall

consult with the Chief of Police. All such searches shall be fully documented in a written report.

701.4 DEPARTMENT-ISSUED PCD

Depending on an employee’s assignment and the needs of the position, the Department may,

at its discretion, issue or fund a PCD. Department-issued or funded PCDs are provided as a

convenience to facilitate on-duty performance only. Such devices and the associated telephone

number shall remain the sole property of the Department and shall be subject to inspection or

monitoring (including all related records and content) at any time without notice and without cause.

701.5 PERSONALLY OWNED PCD

Employees may carry a personally owned PCD while on-duty, subject to the following conditions

and limitations:

(a) Permission to carry a personally owned PCD may be revoked if it is used contrary to

provisions of this policy.

(b) The Department accepts no responsibility for loss of or damage to a personally owned

PCD.

at the employee’s expense.

(d) The device should not be used for work-related purposes except in exigent

circumstances (e.g., unavailability of radio communications). Employees will have a

reduced expectation of privacy when using a personally owned PCD in the workplace

and have no expectation of privacy with regard to any department business-related

communication.

(a) Members may use personally owned PCDs on-duty for routine administrative

work as authorized by the Chief of Police.

(e) The device shall not be utilized to record or disclose any business-related information,

including photographs, video or the recording or transmittal of any information or

material obtained or made accessible as a result of employment with the Department,

without the express authorization of the Chief of Police or the authorized designee.

(f) Use of a personally owned PCD constitutes consent for the Department to access the

PCD to inspect and copy data to meet the needs of the Department, which may include

litigation, public records retention and release obligations and internal investigations. If

the PCD is carried on-duty, employees will provide the Department with all telephone

access numbers of the device.

(g) All work-related documents, emails, photographs, recordings or other public records

created or received on a member’s personally owned PCD should be transferred to

the West Jordan Police Department and deleted from the member’s PCD as soon as

reasonably practicable but no later than the end of the member’s shift.

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Except with prior express authorization from their supervisor, employees are not obligated or

required to carry, access, monitor or respond to electronic communications using a personally

owned PCD while off-duty.

701.6 USE OF PERSONAL COMMUNICATION DEVICES

The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct

department business:

(a) A PCD shall not be carried in a manner that allows it to be visible while in uniform,

unless it is in an approved carrier.

(b) A PCD may not be used to conduct personal business while on-duty, except for brief

personal communications (e.g., informing family of extended hours). Employees shall

endeavor to limit their use of PCDs to authorized break times, unless an emergency

exists.

the use of the radio is either impracticable or not feasible. PCDs should not be used

as a substitute for, as a way to avoid or in lieu of regular radio communications.

(d) Officers are prohibited from taking pictures, video or making audio recording or making

copies of any such picture or recording media unless it is directly related to official

department business. Disclosure of any such information to any third party through

any means, without the express authorization of the Chief of Police or the authorized

designee, may result in discipline.

(e) Employees will not access social networking sites for any purpose that is not official

department business.

(f) Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct

with any third party is prohibited. Any employee having knowledge of such conduct

shall promptly notify a supervisor.

701.7 SUPERVISORY RESPONSIBILITIES

Supervisors should ensure that members under their command are provided appropriate training

on the use of PCDs consistent with this policy. Supervisors should monitor, to the extent

practicable, PCD use in the workplace and take prompt corrective action if an employee is

observed or reported to be improperly using a PCD. An investigation into improper conduct should

be promptly initiated when circumstances warrant.

If, when carrying out any provision of this policy, the need to contact an employee who is off-duty

arises, supervisors should consider delaying the contact, if practicable until the employee is on-

duty as such contact may be compensable.

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701.8 USE WHILE DRIVING

The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and

present a negative image to the public. Officers operating emergency vehicles should restrict the

use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle

at an appropriate location to use the PCD.

Except in an emergency, employees who are operating non-emergency vehicles shall not use a

PCD while driving unless the device is specifically designed and configured to allow hands-free

use (Utah Code 41-6a-1716). Hands-free use should be restricted to business-related calls or

calls of an urgent nature.

701.9 OFFICIAL USE

Employees are reminded that PCDs are not secure devices and conversations may be intercepted

or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information

is not inadvertently transmitted. As soon as reasonably possible, employees shall conduct

sensitive or private communications on a land-based or other department communications

network.

The following situations are examples of when the use of a PCD may be appropriate:

(a) Barricaded suspects

(b) Hostage situations

(d) Catastrophic disasters, such as plane crashes, earthquakes, floods, etc.

(e) Major political or community events

(f) Investigative stakeouts

(g) Emergency contact with an allied agency or allied agency field unit

(h) When immediate communication is needed and the use of the radio is not available

or appropriate and other means are not readily available

Policy

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Vehicle Maintenance

702.1 PURPOSE AND SCOPE

Employees are responsible for assisting in maintaining Department vehicles so that they are

properly equipped, properly maintained, properly refueled and present a clean appearance.

702.2 DEFECTIVE VEHICLES

When a Department vehicle becomes inoperative or in need of repair that affects the safety

of the vehicle, that vehicle shall be removed from service for repair. Proper documentation

shall be promptly completed by the employee who first becomes aware of the defective

condition, describing the correction needed. The paperwork shall be promptly forwarded to vehicle

maintenance for repair.

702.2.1 DAMAGE OR POOR PERFORMANCE

Vehicles that may have been damaged, or perform poorly shall be removed from service for

inspections and repairs as soon as practicable.

702.2.2 SEVERE USE

Vehicles operated under severe-use conditions, which include operations for which the vehicle

is not designed or that exceed the manufacturer’s parameters, should be removed from service

and subjected to a safety inspection as soon as practicable. Such conditions may include rough

roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation.

702.2.3 REMOVAL OF WEAPONS

All firearms, weapons and control devices shall be removed from a vehicle and properly secured

prior to the vehicle being released for maintenance, service or repair.

Policy

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Vehicle Use

703.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a system of accountability to ensure department vehicles

are used appropriately. This policy provides guidelines for on and off-duty use of department

vehicles and shall not be construed to create or imply any contractual obligation by the City of

West Jordan to provide assigned take-home vehicles.

703.2 POLICY

The West Jordan Police Department provides vehicles for department-related business use

and may assign patrol and unmarked vehicles based on a determination of operational

efficiency, economic impact to the Department, requirements for tactical deployments and other

considerations.

703.3 USE OF VEHICLES

Whether on or off duty, members operating department owned vehicles shall present themselves

in a professional manor and follow applicable traffic laws. Department vehicles should be used for

purposes that promote department objectives or improve inefficiencies.

703.3.1 SHIFT ASSIGNED VEHICLES

The Watch Commander shall ensure employees have access to vehicles needed for any assigned

shifts. Employees should report any problems related to vehicles as soon as pratical.

703.3.2 OTHER USE OF VEHICLES

Members utilizing a vehicle for any purpose other than their normally assigned duties shall first

notify and receive permission from their division commander.

703.3.3 INSPECTIONS

Members shall be responsible for inspecting the interior and exterior of any assigned vehicle

before taking the vehicle into service and at the conclusion of their shifts. Any previously

unreported damage, mechanical problems, unauthorized contents or other problems with the

vehicle shall be promptly reported to a supervisor and documented as appropriate.

The interior of any vehicle that has been used to transport any person other than a member of

this department should be inspected prior to placing another person in the vehicle and again after

the person is removed. This is to ensure that unauthorized or personal items have not been left

in the vehicle.

When transporting any suspect, prisoner or arrestee, the transporting member shall search all

areas of the vehicle that are accessible by the person before and after that person is transported.

All department vehicles are subject to inspection and/or search at any time by a supervisor without

notice and without cause. No member assigned to or operating such vehicle shall be entitled to

any expectation of privacy with respect to the vehicle or its contents.

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703.3.4 SECURITY AND UNATTENDED VEHICLES

Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle

except when it is necessary that the vehicle be left running (e.g., continued activation of emergency

lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency

situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly

with the need to secure the vehicle.

Members shall ensure all weapons are secured while the vehicle is unattended.

703.3.5 MOBILE DIGITAL TERMINAL

Members assigned to vehicles equipped with a Mobile Digital Terminal (MDT) shall log onto

the MDT with the required information when going on-duty. If the vehicle is not equipped with a

working MDT, the member shall notify Dispatch. Use of the MDT is governed by the Mobile Digital

Terminal Use Policy.

703.3.6 VEHICLE LOCATION SYSTEM

Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system

designed to track the vehicle’s location. While the system may provide vehicle location and

other information, members are not relieved of their responsibility to use required communication

practices to report their location and status.

Members shall not make any unauthorized modifications to the system. At the start of each shift,

members shall verify that the system is on and report any malfunctions to their supervisor. If the

member finds that the system is not functioning properly at any time during the shift, he/she should

exchange the vehicle for one with a working system, if available.

System data may be accessed by supervisors at any time. However, access to historical data by

personnel other than supervisors will require Division Chief approval.

All data captured by the system shall be retained in accordance with the established records

retention schedule.

703.3.7 KEYS

Members approved to operate marked patrol vehicles should be issued a copy of the key as part of

their initial equipment distribution. Members who are assigned a specific vehicle should be issued

keys for that vehicle.

Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through

the member’s chain of command.

703.3.8 AUTHORIZED PASSENGERS

Members operating department vehicles shall not permit persons other than City personnel or

persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride

as passengers in the vehicle, except as stated in the Ride-Along Program Policy.

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703.3.9 ALCOHOL

Members who have consumed alcohol are prohibited from operating any department vehicle

unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of

assignment, members may not violate state law regarding vehicle operation while intoxicated.

703.3.10 PARKING

Except when responding to an emergency or when urgent department-related business requires

otherwise, members driving department vehicles should obey all parking regulations at all times.

Department vehicles should be parked in assigned stalls. Members shall not park privately owned

vehicles in stalls assigned to department vehicles or in other areas of the parking lot that are not

so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked

in designated areas.

703.3.11 ACCESSORIES AND/OR MODIFICATIONS

There shall be no modifications, additions or removal of any equipment or accessories without

written permission from the assigned vehicle program manager.

703.3.12 NON-SWORN MEMBER USE

Non-sworn members using marked emergency vehicles shall ensure that all weapons have been

removed before going into service. Non-sworn members shall prominently display the "out of

service" placards or light bar covers at all times. Non-sworn members shall not operate the

emergency lights or siren of any vehicle unless expressly authorized by a supervisor.

703.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES

Department vehicles may be assigned to individual members at the discretion of the Chief of

Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be

changed at any time. Permission to take home a vehicle may be withdrawn at any time.

The assignment of vehicles may be suspended when the member is unable to perform his/her

regular assignment.

703.4.1 ON-DUTY USE

Vehicle assignments shall be based on the nature of the member’s duties, job description and

essential functions, and employment or appointment status. Vehicles may be reassigned or

utilized by other department members at the discretion of the Chief of Police or the authorized

designee.

703.4.2 UNSCHEDULED TAKE-HOME USE

Circumstances may arise where department vehicles must be used by members to commute

to and from a work assignment. Members may take home department vehicles only with prior

approval of a supervisor and shall meet the following criteria:

(a) The circumstances are unplanned and were created by the needs of the Department.

(b) Other reasonable transportation options are not available.

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of the West Jordan City limits.

(d) Off-street parking will be available at the member’s residence.

(e) Vehicles will be locked when not attended.

703.4.3 ASSIGNED VEHICLES

Assignment of take-home vehicles shall be based on the location of the member’s residence;

the nature of the member’s duties, job description and essential functions; and the member’s

employment or appointment status. Residence in the City of West Jordan is a prime consideration

for assignment of a take-home vehicle. Members who reside outside the City of West Jordan may

be required to secure the vehicle at a designated location or the Department at the discretion of

the Chief of Police.

Members are cautioned that under federal and local tax rules, personal use of a City vehicle may

create an income tax liability for the member. Questions regarding tax rules should be directed

to the member’s tax adviser.

Criteria for use of take-home vehicles include the following:

(a) Vehicles shall only be used for work-related purposes and shall not be used for

personal errands or transports, unless special circumstances exist and the Chief of

Police or a Division Chief gives authorization.

(b) Vehicles may be used to transport the member to and from the member’s residence

for work-related purposes.

1. In circumstances when a member has been placed on call by the Chief of Police

or Division Chiefs and there is a high probability that the member will be called

back to duty.

2. When the member is performing a work-related function during what normally

would be an off-duty period, including vehicle maintenance or traveling to or from

a work-related activity or function.

3. When the member has received permission from the Chief of Police or Division

Chiefs.

4. When the vehicle is being used by the Chief of Police, Division Chiefs or

members who are in on-call administrative positions.

5. When the vehicle is being used by on-call investigators.

(d) While operating the vehicle, authorized members will carry and have accessible their

duty firearms and be prepared to perform any function they would be expected to

perform while on-duty.

(e) The two-way communications radio,MDT and global positioning satellite device, if

equipped, must be on and set to an audible volume when the vehicle is in operation.

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(f) Unattended vehicles are to be locked and secured at all times.

1. No key should be left in the vehicle except when it is necessary that the vehicle

be left running (e.g., continued activation of emergency lights, canine safety,

equipment charging).

2. All weapons shall be secured while the vehicle is unattended.

3. All department identification, portable radios and equipment should be secured.

(g) Vehicles are to be parked off-street at the member’s residence unless prior

arrangements have been made with the Chief of Police or the authorized designee.).

(h) Vehicles are to be secured at the member’s residence or the appropriate department

facility, at the discretion of the Department when a member will be away (e.g., on

vacation) for periods exceeding one week.

1. If the vehicle remains at the residence of the member, the Department shall have

access to the vehicle.

2. If the member is unable to provide access to the vehicle, it shall be parked at

the Department.

(i) The member is responsible for the care and maintenance of the vehicle.

703.4.4 ENFORCEMENT ACTIONS

When driving a take-home vehicle to and from work outside of the jurisdiction of the West Jordan

Police Department or while off-duty, an officer shall not initiate enforcement actions except in

those circumstances where a potential threat to life or serious property damage exists (see the

Off-Duty Law Enforcement Actions and Law Enforcement Authority policies).

Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist).

Officers driving take-home vehicles shall be armed, appropriately attired and carry

their department-issued identification. Officers should also ensure that department radio

communication capabilities are maintained to the extent feasible.

703.4.5 MAINTENANCE

Members are responsible for the cleanliness (exterior and interior) and overall maintenance of

their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department.

Failure to adhere to these requirements may result in discipline and loss of vehicle assignment.

The following should be performed as outlined below:

(a) Members shall make daily inspections of their assigned vehicles for service/

maintenance requirements and damage.

(b) It is the member’s responsibility to ensure that his/her assigned vehicle is maintained

according to the established service and maintenance schedule.

at a facility approved by the department supervisor in charge of vehicle maintenance.

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(d) The Department shall be notified of problems with the vehicle and approve any major

repairs before they are performed.

(e) All weapons shall be removed from any vehicle left for maintenance.

(f) Supervisors shall make, at a minimum, quarterly inspections of vehicles assigned

to members under their command to ensure the vehicles are being maintained in

accordance with this policy.

703.5 UNMARKED VEHICLES

Unmarked vehicles are assigned to various divisions and their use is restricted to the respective

division and the assigned member, unless otherwise approved by a supervisor..

703.6 DAMAGE, ABUSE AND MISUSE

When any department vehicle is involved in a traffic collision or otherwise incurs damage, the

involved member shall promptly notify a supervisor. Any collision report shall be filed with the

agency having jurisdiction (see the Traffic Collision Reporting Policy).

Damage to any department vehicle that was not caused by a traffic collision shall be immediately

reported during the shift in which the damage was discovered, documented in a property damage

report and forwarded to the Watch Commander. An administrative investigation should be initiated

to determine if there has been any vehicle abuse or misuse.

703.7 ATTIRE AND APPEARANCE

When operating any department vehicle while off-duty, members may dress in a manner

appropriate for their intended activity. Whenever in view of or in contact with the public, attire and

appearance, regardless of the activity, should be suitable to reflect positively upon the Department.

Policy

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Cash Handling, Security and Management

704.1 PURPOSE AND SCOPE

This policy provides guidelines to ensure department members handle cash appropriately in the

performance of their duties.

This policy does not address cash-handling issues specific to the Property and Evidence and

Informants policies.

704.2 POLICY

It is the policy of the West Jordan Police Department to properly handle and document cash

transactions and to maintain accurate records of cash transactions in order to protect the integrity

of department operations and ensure the public trust.

704.3 PETTY CASH FUNDS

The Chief of Police shall designate a person as the fund manager responsible for maintaining and

managing the petty cash fund.

Each petty cash fund requires the creation and maintenance of an accurate and current transaction

ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund

manager.

704.4 PETTY CASH TRANSACTIONS

The fund manager shall document all transactions on the ledger and any other appropriate forms.

Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to

the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice

or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer

form require an expense report.

704.5 PETTY CASH AUDITS

The fund manager shall perform an audit no less than once every six months. This audit requires

that the fund manager and at least one command staff member, selected by the Chief of Police,

review the transaction ledger and verify the accuracy of the accounting. The fund manager and

the participating member shall sign or otherwise validate the ledger attesting to the accuracy of all

documentation and fund accounting. A discrepancy in the audit requires documentation by those

performing the audit and an immediate reporting of the discrepancy to the Chief of Police.

Transference of fund management to another member shall require a separate petty cash audit

and involve a command staff member.

A separate audit of each petty cash fund should be completed on a random date, approximately

once each year by the Chief of Police or the City.

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704.6 ROUTINE CASH HANDLING

Those who handle cash as part of their property or Street Crimes supervisor duties shall discharge

those duties in accordance with the Property and Evidence and Informants policies.

Members who routinely accept payment for department services shall discharge those duties in

accordance with the procedures established for those tasks.

704.7 OTHER CASH HANDLING

Members of the Department who, within the course of their duties, are in possession of cash that

is not their property or that is outside their defined cash-handling responsibilities shall, as soon as

practicable, verify the amount, summon another member to verify their accounting, and process

the cash for safekeeping or as evidence or found property, in accordance with the Property and

Evidence Policy.

Cash in excess of $1,000 requires immediate notification of a supervisor, special handling,

verification and accounting by the supervisor. Each member involved in this process shall

complete an appropriate report or record entry.

Policy

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Personal Protective Equipment

705.1 PURPOSE AND SCOPE

This policy identifies the different types of personal protective equipment (PPE) provided by the

Department as well the requirements and guidelines for the use of PPE.

This policy does not address ballistic vests or protection from communicable disease, as those

issues are addressed in the Body Armor and Communicable Diseases policies.

705.1.1 DEFINITIONS

Definitions related to this policy include:

Personal protective equipment (PPE) - Equipment that protects a person from serious

workplace injuries or illnesses resulting from contact with chemical, radiological, physical,

electrical, mechanical or other workplace hazards.

Respiratory PPE - Any device that is worn by the user to protect from exposure to atmospheres

where there is smoke, low levels of oxygen, high levels of carbon monoxide, or the presence of

toxic gases or other respiratory hazards. For purposes of this policy, respiratory PPE does not

include particulate-filtering masks such as N95 or N100 masks.

705.2 POLICY

The West Jordan Police Department endeavors to protect members by supplying certain PPE to

members as provided in this policy.

705.3 OFFICER RESPONSIBILITIES

Members are required to use PPE as provided in this policy and pursuant to their training.

Members are responsible for proper maintenance and storage of issued PPE. PPE should be

stored in an appropriate location so that it is available when needed.

Any member who identifies hazards in the workplace is encouraged to utilize the procedures in

the Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs

for PPE.

705.4 HEARING PROTECTION

Approved hearing protection shall be used by members during firearms training.

Hearing protection shall meet or exceed industry standards for use at firing ranges (29 CFR

1910.95; UAC R614-1-4).

705.5 EYE PROTECTION

Approved eye protection, including side protection, shall be used by members during firearms

training. Eye protection for members who wear prescription lenses shall incorporate the

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prescription (e.g., eye protection that can be worn over prescription lenses). Members shall ensure

their eye protection does not interfere with the fit of their hearing protection.

The Armorer shall ensure eye protection meets or exceeds consensus standards set by the

American National Standards Institute (29 CFR 1910.133; UAC R614-1-4).

705.6 RESPIRATORY PROTECTION

The Administration Division Chief is responsible for ensuring a respiratory protection plan is

developed and maintained by a trained and qualified member. The plan shall include procedures

for (29 CFR 1910.134; UAC R614-1-4):

(a) Selecting appropriate respiratory PPE based on hazards and risks associated with

functions or positions.

(b) Fit testing, including identification of members or contractors qualified to conduct fit

testing.

(d) PPE inventory control.

(e) PPE issuance and replacement.

(f) Cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise

maintaining respiratory PPE, including schedules for these activities.

(g) Regularly reviewing the PPE plan.

(h) Remaining current with applicable National Institute for Occupational Safety and

Health (NIOSH), American National Standards Institute (ANSI), Occupational Safety

and Health Administration (OSHA), Environmental Protective Agency (EPA) and state

PPE standards and guidelines.

705.6.1 RESPIRATORY PROTECTION USE

Designated members may be issued respiratory PPE based on the member’s assignment (e.g.,

a narcotics investigator who is involved in clandestine lab investigations).

Respiratory PPE may be worn when authorized by a scene commander who will determine the

type and level of protection appropriate at a scene based upon an evaluation of the hazards

present.

Scene commanders are responsible for monitoring members using respiratory PPE and their

degree of exposure or stress. When there is a change in work area conditions or when a member’s

degree of exposure or stress may affect respirator effectiveness, the scene commander shall

reevaluate the continued effectiveness of the respirator and direct the member to leave the

respirator use area when the scene commander reasonably believes (29 CFR 1910.134; UAC

R614-1-4):

(a) It is necessary for the member to wash his/her face and the respirator facepiece to

prevent eye or skin irritation associated with respirator use.

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(b) The member detects vapor or gas breakthrough, or there is a change in breathing

resistance or leakage of the facepiece.

705.6.2 MEMBER RESPONSIBILITIES FOR RESPIRATORY PROTECTION

Members shall not use self-contained breathing apparatus (SCBA), full-face respirators or

cartridge respirators unless they have completed training requirements for the equipment.

Members exposed to environments that are reasonably known to be harmful due to gases, smoke

or vapors shall use respiratory PPE.

Members using respiratory PPE shall (29 CFR 1910.134; UAC R614-1-4):

(a) Ensure that they have no facial hair between the sealing surface of the facepiece and

the face that could interfere with the seal or the valve function. Members also shall

ensure that they have no other condition that will interfere with the face-to-facepiece

seal or the valve function.

(b) Not wear corrective glasses, goggles or other PPE that interferes with the seal of

the facepiece to the face, or that has not been previously tested for use with that

respiratory equipment.

the respirator manufacturer each time they put on a tight-fitting respirator.

(d) Leave a respiratory use area whenever they detect vapor or gas breakthrough,

changes in breathing resistance or leakage of their facepiece and ensure that the

respirator is replaced or repaired before returning to the affected area.

705.6.3 GAS MASK

Full-face air-purifying respirators, commonly referred to as gas masks, may be fitted with

mechanical pre-filters or combination cartridge/filter assemblies for use in areas where gases,

vapors, dusts, fumes or mists are present. Members must identify and use the correct cartridge

based on the circumstances (29 CFR 1910.134; UAC R614-1-4).

A scene commander may order the use of gas masks in situations where the use of a SCBA is

not necessary. These incidents may include areas where tear gas has or will be used or where

a vegetation fire is burning. Gas masks shall not be used if there is a potential for an oxygen-

deficient atmosphere.

Members shall ensure their gas mask filters are replaced whenever:

(a) They smell, taste or are irritated by a contaminant.

(b) They experience difficulty breathing due to filter loading.

(d) The expiration date on the cartridges or canisters has been reached.

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705.6.4 SELF-CONTAINED BREATHING APPARATUS

Scene commanders may direct members to use SCBA when entering an atmosphere that may

pose an immediate threat to life, would cause irreversible adverse health effects or would impair

an individual's ability to escape from a dangerous atmosphere. These situations may include, but

are not limited to:

(a) Entering the hot zone of a hazardous materials incident.

(b) Entering any area where contaminant levels may become unsafe without warning, or

any situation where exposures cannot be identified or reasonably estimated.

The use of SCBA should not cease until approved by a scene commander.

705.6.5 RESPIRATOR FIT TESTING

No member shall be issued respiratory PPE until a proper fit testing has been completed by a

designated member or contractor (29 CFR 1910.134; UAC R614-1-4).

After initial testing, fit testing for respiratory PPE shall be repeated (29 CFR 1910.134; UAC

R614-1-4):

(a) At least once every 12 months.

(b) Whenever there are changes in the type of SCBA or facepiece used.

body weight, scarring of the face seal area, dental changes, cosmetic surgery or any

other condition that may affect the fit of the facepiece seal).

All respirator fit testing shall be conducted in negative-pressure mode.

705.6.6 RESPIRATORY MEDICAL EVALUATION QUESTIONNAIRE

No member shall be issued respiratory protection that forms a complete seal around the face until

(29 CFR 1910.134; UAC R614-1-4):

(a) The member has completed a medical evaluation that includes a medical evaluation

questionnaire.

(b) A physician or other licensed health care professional has reviewed the questionnaire.

physician or health care professional.

705.7 RECORDS

The Training Sergeant is responsible for maintaining records of all:

(a) PPE training.

(b) Initial fit testing for respiratory protection equipment.

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(d) Respirator medical evaluation questionnaires and any subsequent physical

examination results.

1. These records shall be maintained in a separate confidential medical file.

The records shall be maintained in accordance with the department records retention schedule,

29 CFR 1910.1020 and UAC R614-1-4.

705.8 TRAINING

Members should be trained in the respiratory and other hazards to which they may be potentially

exposed during routine and emergency situations.

All members shall be trained in the proper use and maintenance of PPE issued to them, including

when the use is appropriate; how to put on, remove and adjust PPE; how to care for the PPE; and

the limitations (29 CFR 1910.132; UAC R614-1-4).

Members issued respiratory PPE shall attend annual training on the proper use of respiratory

protection devices (29 CFR 1910.134; UAC R614-1-4).

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Chapter 8 - Support Services

Policy

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Crime Analysis

800.1 PURPOSE AND SCOPE

Crime analysis should provide currently useful information to aid operational personnel in meeting

their tactical crime control and prevention objectives by identifying and analyzing methods of

operation of individual criminals, providing crime pattern recognition and providing analysis of data

from field interrogations and arrests. Crime analysis can be useful to the Department's long-range

planning efforts by providing estimates of future crime trends and assisting in the identification of

enforcement priorities.

800.2 DATA SOURCES

Crime analysis data is extracted from many sources including, but not limited to:

• Crime reports

• Field Interview cards

• Parole and Probation records

• Computer Aided Dispatch data

• Department of Public Safety, Bureau of Criminal Identification

800.3 CRIME ANALYSIS FACTORS

The following minimum criteria should be used in collecting data for crime analysis:

• Frequency by type of crime

• Geographic factors

• Temporal factors

• Victim and target descriptors

• Suspect descriptors

• Suspect vehicle descriptors

• Modus operandi factors

• Physical evidence information

800.4 CRIME ANALYSIS DISSEMINATION

For a crime analysis system to function effectively, information should be disseminated to the

appropriate units or persons on a timely basis. Information that is relevant to the operational and

tactical plans of specific line units should be sent directly to them. Information relevant to the

development of the Department's strategic plans should be provided to the appropriate staff units.

When information pertains to tactical and strategic plans, it should be provided to all affected units.

Policy

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Property and Evidence

801.1 PURPOSE AND SCOPE

This policy provides for the proper collection, storage and security of evidence and other property.

Additionally, this policy provides for the protection of the chain of evidence and those persons

authorized to remove and/or destroy property.

801.2 DEFINITIONS

Definitions related to this policy include:

Cohabitant - A person who is 18 years old or older, who resides in the same residence as the

owner cohabitant, and is any of the following (Utah Code 53-5c-201):

•

Living as if a spouse of the owner cohabitant.

•

Related by blood or marriage to the owner cohabitant.

•

Has one or more children in common with the owner cohabitant.

•

Has an interest in the safety and well-being of the owner cohabitant.

Evidence - Includes items taken or recovered in the course of an investigation that may be used

in the prosecution of a case. This includes photographs and latent fingerprints.

Found Property - Includes property found by an employee or citizen that has no apparent

evidentiary value, and where the owner cannot be readily identified or contacted.

Owner cohabitant - A person who owns, in whole or in part, a firearm and is related to a cohabitant

as described in Utah Code 53-5c-102.

Property - Includes all items of evidence, items taken for safekeeping, and found property.

Safekeeping - Includes the following types of property:

•

Property obtained by the Department for safekeeping such as a firearm.

•

Personal property of an arrestee not taken as evidence.

•

Property taken for safekeeping under authority of a law.

801.3 PROPERTY HANDLING

Any employee who first comes into possession of any property, shall retain such property in his/her

possession until it is properly tagged and placed in the designated property locker or storage room

along with a Property Form. Care shall be taken to maintain the chain of custody for all evidence.

Where ownership can be established as to found property with no apparent evidentiary value,

such property may be released to the owner without the need for booking. The Property Form

must be completed to document the release of property not booked and the owner shall sign the

form acknowledging receipt of the item(s).

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801.3.1 PROPERTY BOOKING PROCEDURE

All property must be booked prior to the employee going off-duty unless otherwise approved by a

supervisor. Employees booking property should observe the following guidelines:

(a) Complete the Property Form describing each item of property separately, listing all

serial numbers, owner’s name, finder's name and other identifying information or

markings.

(b) Mark each item of evidence with the booking employee’s initials and the date booked

using the appropriate method so as not to deface or damage the value of the property.

the property is stored.

(d) Place the case number on the bag.

(e) The original Property Form shall be placed in the evidence locker with the evidence.

A copy shall be scanned and attached to the police report.

(f) When the property is too large to be placed in a locker, the item may be stored in

another appropriate location. The location and reason the evidence is stored there

shall be documented in the police report.. Submit the completed property record into

a numbered locker indicating the location of the property.

801.3.2 NARCOTICS AND DANGEROUS DRUGS

All narcotics and dangerous drugs shall be booked separately. Paraphernalia as defined by Utah

Code 58-37a-3 shall also be booked separately from the drugs.

801.3.3 EXPLOSIVES

Officers who encounter a suspected explosive device shall promptly notify their immediate

supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related

incidents and will be responsible for the handling, storage, sampling and disposal of all suspected

explosives.

Explosives will not be retained in the police facility. Only fireworks that are considered stable and

safe and road flares or similar signaling devices may be booked into property. All such items shall

be stored in proper containers and in an area designated for the storage of flammable materials.

The property and evidence technician is responsible for transporting to the fire department, on a

regular basis, any fireworks or signaling devices that are not retained as evidence.

801.3.4 EXCEPTIONAL HANDLING

Certain property items require a separate process. The following items shall be processed in the

described manner:

(a) Bodily fluids such as blood or semen stains shall be air dried prior to booking.

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(b) License plates found not to be stolen or connected with a known crime should be

booked as found property.

attached to each bicycle or bicycle frame. The property may be released directly to the

property and evidence technician or placed in the bicycle storage area until a property

and evidence technician can log it in.

(d) All cash shall be counted in the presence of a supervisor and the envelope initialed

by the booking officer and the supervisor. An Officer In Charge (OIC) may fill the

supervisor role if assigned or if no supervisor is available. The Watch Commander shall

be contacted when booking cash in excess of $1,000 for special handling procedures.

801.3.5 FIREARMS SAFE HARBOR ACT

Officers shall accept a firearm for safekeeping from any cohabitant or owner cohabitant who

requests it, and who believes that the owner cohabitant or another cohabitant with access to the

firearm is an immediate threat to him/herself, to the owner cohabitant, or any other person (Utah

Code 53-5c-201).

The officer receiving the firearm shall:

(a) Record the owner cohabitant’s name, address, and telephone number.

(b) Record the firearm’s serial number and the make and model of each firearm received.

(d) If the firearm was received from a cohabitant, require that the cohabitant sign a

document attesting that he/she resides in a home with the owner cohabitant.

The person committing the firearm shall not be asked or required to provide the name of, or any

other information about, the cohabitant who poses the threat.

The property and evidence technician shall hold a firearm accepted pursuant to this policy for

an initial period of 60 days, renewable for an additional 60 days upon request of the cohabitant

or owner cohabitant. At the expiration of this time or upon request by the owner cohabitant, the

firearm shall be returned to the owner cohabitant or other owner (Utah Code 53-5c-201). If the

person who committed the firearm for safekeeping cannot be located, the Department shall, after

one year, dispose of the firearm in accordance with Utah Code 24-3-103.5 (Utah Code 53-5c-202).

If a firearm received under the Act is determined to be illegal to possess or to own, the property

and evidence technician shall confiscate and book the firearm according to current procedures,

notify the person who requested that the firearm be taken for safekeeping of its confiscation, and

dispose of the firearm in accordance with Utah Code 24-3-103.5 (Utah Code 53-5c-202).

The property and evidence technician shall destroy any record created exclusively to document

the safekeeping of the firearm as soon as practicable but no later than five days after releasing

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the firearm to the owner cohabitant or other authorized person, or of otherwise disposing of the

firearm under the Utah Firearms Safe Harbor Act (Utah Code 53-5c-201).

The property and evidence technician should promptly contact City counsel for assistance with a

proper disposition when a non-owner cohabitant surrendered a firearm and an owner cohabitant

at any time requests its return.

801.4 PACKAGING OF PROPERTY

Certain items require special consideration and shall be booked separately as follows:

(a)

Narcotics and dangerous drugs.

(b)

Firearms (ensure they are unloaded and booked separately from ammunition).

(c)

Property with more than one known owner.

(d)

Paraphernalia as described in Utah Code 58-37a-3.

(e)

Fireworks.

(f)

Contraband.

801.4.1 PACKAGING CONTAINER

Employees shall package all property, except narcotics and dangerous drugs, in a suitable

container available for its size. Knife boxes should be used to package knives, and syringe tubes

should be used to package syringes and needles.

A property tag shall be securely attached to the outside of all items or group of items packaged

together.

801.4.2 PACKAGING NARCOTICS

The officer seizing narcotics and dangerous drugs shall retain such property in their possession

until it is properly weighed, packaged, tagged and placed in the designated narcotics locker,

accompanied by the property report. Prior to packaging, and if the quantity allows, a presumptive

test should be made on all suspected narcotics. The results of this test shall be included in the

officer's report.

Narcotics and dangerous drugs shall be packaged in an envelope of appropriate size available in

the report room. The booking officer shall initial the sealed envelope and the initials covered with

cellophane tape. Narcotics and dangerous drugs shall not be packaged with other property.

A completed property tag shall be attached to the outside of the container. The chain of evidence

shall be recorded on the back of this tag.

801.5 RECORDING OF PROPERTY

The property and evidence technician receiving custody of evidence or property shall record his/

her signature, the date and time the property was received and where the property will be stored

on the property control card.

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A property number shall be obtained for each item or group of items. This number shall be recorded

on the property tag and the property control card.

Any changes in the location of property held by the West Jordan Police Department shall be noted

in the Property Logbook.

801.6 PROPERTY CONTROL

Each time the property and evidence technician receives property or releases property to another

person, he/she shall enter this information on the property control card. Officers desiring property

for court shall contact the property and evidence technician at least one day prior to the court date.

801.6.1 RESPONSIBILITY OF OTHER PERSONNEL

Every time property is released or received, an appropriate entry into the evidence management

system shall be completed to maintain the chain of possession. No property or evidence is to be

released without first receiving written authorization from a supervisor or detective.

Request for analysis of items other than narcotics or drugs shall be completed on the appropriate

forms and submitted to the property and evidence technician. This request may be filled out any

time after booking of the property or evidence.

801.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY

The transporting employee will check the evidence out of property, indicating the date and time

on the property control card and the request for laboratory analysis.

The property and evidence technician releasing the evidence must complete the required

information on the property control card and the evidence. The lab forms will be transported with

the property to the examining laboratory. Upon delivering the item involved, the officer will record

the delivery time on both copies, and indicate the locker in which the item was placed or the

employee to whom it was delivered. The original copy of the lab form will remain with the evidence

and the copy will be returned to the Records Bureau for filing with the case.

801.6.3 STATUS OF PROPERTY

Each person receiving property will make the appropriate entry to document the chain of evidence.

Temporary release of property to officers for investigative purposes, or for court, shall be noted

on the property control card, stating the date, time and to whom released.

The property and evidence technician shall obtain the signature of the person to whom property

is released, and the reason for release. Any employee receiving property shall be responsible for

such property until it is properly returned to property or properly released to another authorized

person or entity.

The return of the property should be recorded on the property control card, indicating date, time

and the person who returned the property.

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801.6.4 AUTHORITY TO RELEASE PROPERTY

The Detective Bureau shall authorize the disposition or release of all evidence and property

coming into the care and custody of the Department.

801.6.5 RELEASE OF PROPERTY

All reasonable attempts shall be made to identify the rightful owner of found property or evidence

not needed for an investigation.

Release of property shall be made upon receipt of an authorized release form, listing the name

and address of the person to whom the property is to be released. The release authorization shall

be signed by the authorizing supervisor or detective and must conform to the items listed on the

Property Form or must specify the specific item(s) to be released. Release of all property shall

be documented on the Property Form.

With the exception of property specifically regulated by statute, found property and property held

for safekeeping shall be held for a minimum of 90 days. During such period, property personnel

shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying

information is available. If the owner of any unclaimed property cannot be determined or notified,

or if the owner has been notified and fails to appear and claim the property, the agency shall (Utah

Code 77-24a-5):

(a) Publish at least one notice (giving a general description of the property and the date of

intended disposition) of the intent to dispose of the unclaimed property in a newspaper

of general circulation within the county.

(b) Post a similar notice in a public place designated for notice within the law enforcement

agency.

The final disposition of all such property shall be fully documented in related reports.

A property and evidence technician shall release the property upon proper identification being

presented by the owner for which an authorized release form has been received. A signature of

the person receiving the property shall be recorded on the original Property Form. After release

of all property entered on the property control card, the card shall be forwarded to the Records

Bureau for filing with the case. If some items of property have not been released, the property

card will remain with the Evidence Room. Upon release, the proper entry shall be documented

in the Property Log Form.

801.6.6 DISPUTED CLAIMS TO PROPERTY

Occasionally more than one party may claim an interest in property being held by the Department,

and the legal rights of the parties cannot be clearly established. Such property shall not be released

until one party has obtained a valid court order or other undisputed right to the involved property.

All parties should be advised that their claims are civil and in extreme situations, legal counsel for

the Department may wish to file an interpleader to resolve the disputed claim.

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801.6.7 CONTROL OF NARCOTICS AND DANGEROUS DRUGS

The Evidence Custodian will be responsible for the storage, control and destruction of all narcotics

and dangerous drugs coming into the custody of the Department, including paraphernalia as

described in Utah Code 58-37a-3.

801.7 DISPOSITION OF PROPERTY

All property not held for evidence in a pending criminal investigation or proceeding, and held for

six months or longer where the owner has not been located or fails to claim the property, may

be disposed of in compliance with existing laws upon receipt of an authorized release form for

disposal. The property and evidence technician shall request a disposition or status on all property

which has been held in excess of 120 days and for which no disposition has been received from

a supervisor or detective.

801.7.1 EXCEPTIONAL DISPOSITIONS

The following types of property shall be destroyed or disposed of in the manner, and at the time

prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction:

•

Weapons declared by law to be nuisances

•

Animals, birds, and related equipment that have been ordered forfeited by the court

•

Counterfeiting equipment

•

Gaming devices

•

Obscene matter ordered to be destroyed by the court

•

Altered vehicles or component parts

•

Narcotics (Utah Code 58-37-2 et seq.)

•

Unclaimed, stolen or embezzled property

•

Destructive devices

801.7.2 UNCLAIMED MONEY

If found or seized money is no longer required as evidence and remains unclaimed after nine

days of being posted, as described in Release of Property, the Department shall notify the person

who turned the money over to the local law enforcement agency. Any person employed by a law

enforcement agency who finds or seizes money may not claim or receive the money (Utah Code

77-24a-5(2)(a)).

801.7.3 PRESERVATION OF BIOLOGICAL EVIDENCE

The Evidence Room Supervisor shall ensure that no biological evidence held by the Department

is destroyed without adequate notification to the following persons, when applicable:

(a)

The defendant

(b)

The defendant's attorney

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(c)

The appropriate prosecutor

(d)

Any sexual assault victim

(e)

The Detective Bureau Supervisor

Biological evidence shall be retained for a minimum of 12 months. Following the retention period,

notifications should be made by certified mail and should inform the recipient that the evidence

will be destroyed within 12 months unless a motion seeking an order to retain the sample is

filed and served on the Department within 90 days of the date of the notification. A record of all

certified mail receipts shall be retained in the appropriate file. Any objection to, or motion regarding,

the destruction of the biological evidence should be retained in the appropriate file and a copy

forwarded to the Detective Bureau Supervisor.

Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed

with the written approval of the Chief of Police and the head of the applicable prosecutor’s office.

Biological evidence related to sexual assaults must be retained in accordance with Utah Code

76-5-604 and Utah Code 76-5-605. If the evidence relates to an unsolved sexual offense, the

victim shall be notified at least 60 days prior to destruction and provided with information on how

to appeal the decision (Utah Code 77-37-3(3)).

801.7.4 PROPERTY NO LONGER NEEDED AS EVIDENCE

When a prosecuting attorney notifies the Department that evidence may be returned to the rightful

owner, the property and evidence technician shall attempt to notify the rightful owner that the

property is available for return (Utah Code 24-3-103). Prior to the release of the property, the

owner shall provide:

(a)

Documentation establishing ownership of the property.

(b)

Documentation that the owner may lawfully possess the property.

When the property is returned, a receipt listing the detail of the property shall be signed by the

owner and retained by the Department. A copy of the receipt shall be provided to the owner.

If the Department is unable to locate the rightful owner or the rightful owner is unable to lawfully

possess the property, the Department may dispose of the property as provided by Utah Code

24-3-103.

If a court orders extraction and return of personal digital data from a computer determined to be

contraband, the Department shall determine reasonable cost to provide the data, which shall be

paid by the owner at the time the request is made (Utah Code 24-3-103).

The Department shall dispose of confiscated or unclaimed firearms as provided by Utah Code

24-3-103.5.

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801.8 INSPECTIONS OF THE EVIDENCE ROOM

(a)

On a monthly basis, the supervisor of the evidence custodian shall make an inspection

of the evidence storage facilities and practices to ensure adherence to appropriate

policies and procedures.

(b)

Unannounced inspections of evidence storage areas shall be conducted annually as

directed by the Chief of Police.

(c)

An annual audit of evidence held by the Department shall be conducted by a Division

Chief (as appointed by the Chief of Police) not routinely or directly connected with

evidence control.

(d)

Whenever a change is made in personnel who have access to the Evidence Room, an

inventory of all evidence/property shall be made by an individual(s) not associated with

the property room or its functions to ensure that records are correct and all evidence

and property is accounted for.

801.9 ADMITTANCE TO EVIDENCE ROOM

Admittance to the Evidence Room should be restricted to the evidence custodian(s), the evidence

supervisor, and others specifically designated by the Chief of Police. All other individuals entering

the Evidence Room require escort and an Evidence Room access log entry shall be made

indicating:

(a) Date and time of entry and exit.

(b) Name of individual(s) entering the Evidence Room.

(d) Name of the escort.

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Records Bureau

802.1 PURPOSE AND SCOPE

This policy establishes the guidelines for the operational functions of the West Jordan Police

Department Records Bureau. The policy addresses department file access and internal requests

for case reports.

802.2 POLICY

It is the policy of the West Jordan Police Department to maintain department records securely,

professionally, and efficiently.

802.3 RESPONSIBILITIES

The Records Bureau is responsibility for the following;

(a) The storage and retention of police incident records.

(b) The release of records requested by outside agencies, organizations or individuals,

when appropriate.

(BCI) and Federal Bureau of Investigations (FBI.

802.3.1 RECORDSHEAD

The Chief of Police shall appoint and delegate certain responsibilities to a Records Manager.

The Records Manager shall be directly responsible to the Administration Division Chief or the

authorized designee.

The responsibilities of the Records Manager include but are not limited to:

(a) Overseeing the efficient and effective operation of the Records Bureau.

(b) Scheduling and maintaining Records Bureau time records.

(d) Maintaining and updating a Records Bureau procedure manual.

(e) Ensuring compliance with established policies and procedures.

(f) Supervising the access, use, and release of protected information (see the Protected

Information Policy).

(g) Establishing security and access protocols for case reports designated as sensitive,

where additional restrictions to access have been implemented. Sensitive reports may

include but are not limited to:

1. Homicides

2. Cases involving department members or public officials

3. Any case where restricted access is prudent

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802.3.2 RECORDSBUREAU

The responsibilities of the Records Bureau include but are not limited to:

(a) Maintaining a records management system for case reports.

1. The records management system should include a process for numbering,

identifying, tracking, and retrieving case reports.

(b) Entering case report information into the records management system.

1. Modification of case reports shall only be made when authorized by a supervisor.

investigation or court proceedings.

(d) Maintaining compliance with federal, state, and local regulations regarding reporting

requirements of crime statistics. This includes but is not limited to reporting:

1. Crime reporting and use of force data to the Bureau of Criminal Identification

(BCI) (Utah Code 53-10-205).

2. Cold case reporting to the Criminal Investigations and Technical Services

Division (Utah Code 53-10-115).

(e) Maintaining compliance with federal, state, and local regulations regarding criminal

history reports and auditing.

(f) Identifying missing case reports and notifying the responsible member’s supervisor.

(g) Providing an annual report to BCI regarding firearm-related information as required

by Utah Code 76-10-526.

(h) Receive, maintain, and remove voluntary restrictions on firearm purchase and

possession in accordance with Utah Code 53-5c-301. This includes required

notifications to the Bureau of Criminal Identification (Utah Code 53-5c-301).

802.4 FILE ACCESS AND SECURITY

The security of files in the Records Bureau must be a high priority and shall be maintained as

mandated by state or federal law.

802.4.1 ORIGINAL CASE REPORTS

Full case reports are stored in electronic format with supporting documents, statements and

photographs attached.

802.5 CONFIDENTIALITY

Records Bureau staff has access to information that may be confidential or sensitive in nature.

Records Bureau staff shall not access, view, or distribute, or allow anyone else to access, view,

or distribute any record, file, or report, whether in hard copy or electronic file format, or any other

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confidential, protected, or sensitive information except in accordance with Records Maintenance

and Release and Protected Information policies and the Records Bureau procedure manual.

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Records Maintenance and Release

803.1 PURPOSE AND SCOPE

This policy provides guidance on the maintenance and release of department records. Protected

information is separately covered in the Protected Information Policy.

803.2 POLICY

The West Jordan Police Department is committed to providing public access to records in a

manner that is consistent with the Utah Government Records Access and Management Act

(GRAMA) (Utah Code 63G-2-101 et seq.).

803.3 RECORDS OFFICER RESPONSIBILITIES

The Chief of Police shall designate a Records Officer. The responsibilities of the Records Officer

include, but are not limited to:

(a) Managing the records management system for the Department, including the

retention, archiving, release and destruction of department public records.

1. This includes performing the duties specified for governmental entities under the

Public Records Management Act (Utah Code 63G-2-307).

2. This includes the maintenance and destruction of imaging surveillance data as

required by Utah Code 77-23d-105.

(b) Maintaining and updating the department records retention schedule including:

1. Identifying the minimum length of time the Department must keep records.

2. Identifying the division responsible for the original record.

as reasonably necessary for the protection of such records.

(d) Identifying records or portions of records that are confidential under state or federal

law and not open for inspection or copying.

1. The Records Officer shall be responsible for filing a statement with the state

archivist explaining the reasons a record series that is designated as private or

controlled under GRAMA is being collected or used by the Department (Utah

Code 63G-2-601).

(e) Establishing rules regarding the processing of subpoenas for the production of

records.

(f) Ensuring a current schedule of fees for public records as allowed by law is available

(Utah Code 63G-2-203).

(g) Forwarding requests to the appropriate agency when a requester seeks records that

are not in the possession of the Department (Utah Code 63G-2-204).

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803.4 PROCESSING REQUESTS FOR PUBLIC RECORDS

Any department member who receives a request for any record shall route the request to the

Records Officer or the authorized designee.

803.4.1 REQUESTS FOR RECORDS

The processing of requests for any record is subject to the following:

(a) The Department is not required to create records that do not exist.

(b) When a record contains material with release restrictions and material that is not

subject to release restrictions, the restricted material shall be redacted and the

unrestricted material released.

1. A copy of the redacted release should be maintained in the case file for proof

of what was actually released and as a place to document the reasons for

the redactions. If the record is audio/video, a copy of the redacted audio/

video release should be maintained in the department-approved media storage

system and a notation should be made in the case file to document the release

and the reasons for the redacted portions.

information and a description of the record requested (Utah Code 63G-2-204).

(d) The Records Officer shall review each request for records within 10 business days

unless the person has requested an expedited response. Expedited requests must be

reviewed within five business days (Utah Code 63G-2-204).

(e) Unless the Records Officer is prohibited by law from releasing the requested record;

extraordinary circumstances exist, as defined in Utah Code 63G-2-204; or the request

is submitted by or on behalf of a person confined in a jail or other correctional

facility, the record shall be released.

1. If the existence of extraordinary circumstances precludes approval or denial of

the request within the time permitted under law, additional time may be granted.

2. Requests made by or on behalf of a person in jail or another correctional facility

for a record that contains a specific reference to the individual so confined may

be released up to five times per calendar year. This restriction does not apply to

requests submitted by an attorney of the individual (Utah Code 63G-2-201).

(f) If the Records Officer denies a request, a notice of denial shall be sent to the requester.

The notice shall contain a description of the record denied, the legal basis upon which

the Records Officer relied in denying the request and information related to the appeal

process available to the requester (Utah Code 63G-2-205).

803.4.2 APPEALS

The denial of a request for records by the Records Officer may be appealed to the Chief

Administrative Officer (CAO) of West Jordan City. Upon receipt of a notice to appeal, the CAO must

review and make a determination within 10 business days (or five business days if the requester

or interested party demonstrates that an expedited decision benefits the public). If a determination

is not made within the specified time frame, the appeal shall be considered denied. If the CAO

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affirms the denial, notice shall be sent to the requester informing him/her of the right to appeal

the denial to the records committee, district court (or local appeals board, if established), the time

limits for filing such appeal, and the contact information of the executive secretary of the records

committee (or local appeals board, if established) (Utah Code 63G-2-401).

803.5 RELEASE RESTRICTIONS

Examples of release restrictions include, but are not limited to:

(a) Personal identifying information, including an individual’s photograph; Social Security

and driver identification numbers; name, address and telephone number; and medical

or disability information that is contained in any driver license record, motor vehicle

record or any department record, including traffic accident reports, are restricted

except as authorized by the Department, and only when such use or disclosure is

permitted or required by law to carry out a legitimate law enforcement purpose (18

USC § 2721; 18 USC § 2722; Utah Code 53-3-109; Utah Code 41-6a-404).

(b) Victim information that may be protected by statutes (Utah Code 77-37-4).

1. Specific personnel information related to undercover officers or investigative

personnel is exempt from disclosure if release could reasonably impair the

effectiveness of investigations or endanger any individual’s safety (Utah Code

63G-2-301).

(d) Properly classified records that contain medical, psychiatric or psychological data

about a person if release would be detrimental to the person’s mental health or

safety, or would violate normal professional practice and medical ethics (Utah Code

63G-2-304).

(e) Records created exclusively in anticipation of potential litigation involving this

department (Utah Code 63G-2-305).

(f) Automated license plate reader (ALPR) data (Utah Code 41-6a-2004).

(g) Imaging surveillance data (Utah Code 77-23d-105).

(h) Certain types of reports involving, but not limited to, child abuse and neglect (Utah

Code 62A-4a-412).

(i) Certain audio and video recordings created by a body-worn camera that recorded

sound or images:

1. Inside a home or residence (Utah Code 63G-2-302; Utah Code 77-7a-107).

2. Inside a hospital or health care facility, inside a clinic of a health care provider,

or inside a human service program (Utah Code 63G-2-305).

(j) Certain data collected by an unmanned aircraft system (Utah Code 72-14-204).

(k) Any other information that may be appropriately denied by:

1. Utah Code 63G-2-302 (private records).

2. Utah Code 63G-2-303 (private information of government employees).

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3. Utah Code 63G-2-304 (controlled records).

4. Utah Code 63G-2-305 (protected records).

803.6 SUBPOENAS AND DISCOVERY REQUESTS

Any member who receives a subpoena duces tecum or discovery request for records should

promptly contact a supervisor and the Records Officer for review and processing. While a

subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court

that will automatically require the release of the requested information.

Generally, discovery requests and subpoenas from criminal defendants and their authorized

representatives (including attorneys) should be referred to the Prosecuting Attorney, City Attorney

or the courts.

All questions regarding compliance with any subpoena duces tecum or discovery request should

be promptly referred to legal counsel for the Department so that a timely response can be

prepared.

803.7 RELEASED RECORDS TO BE MARKED

Each page of any written record released pursuant to this policy should be stamped in a colored

ink or otherwise marked to indicate the department name and to whom the record was released.

Each audio/video recording released should include the department name and to whom the record

was released.

803.8 EXPUNGEMENT

Expungement orders received by the Department shall be reviewed for appropriate action by the

Records Officer. The Records Officer shall expunge such records as ordered by the court. Records

may include, but are not limited to, a record of arrest, investigation, detention or conviction. Once

expunged, members shall respond to any inquiry as though the record did not exist.

Upon receiving an order for vacatur, the Records Officer shall comply with the provisions of Utah

Code 77-40-108.5.

803.9 TRAINING

The Records Manager shall, on an annual basis, successfully complete an online records

management training course provided by the Utah Department of Administrative Services’ Division

of Archives and Records Service (Utah Code 63G-2-108).

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Protected Information

804.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the access, transmission, release and

security of protected information by members of the West Jordan Police Department. This policy

addresses the protected information that is used in the day-to-day operation of the Department

and not the public records information covered in the Records Maintenance and Release Policy.

804.1.1 DEFINITIONS

Definitions related to this policy include:

Protected information - Any information or data that is collected, stored or accessed by members

of the West Jordan Police Department and is subject to any access or release restrictions imposed

by law, regulation, order or use agreement. This includes all information contained in federal, state

or local law enforcement databases that is not accessible to the public.

804.2 POLICY

Members of the West Jordan Police Department will adhere to all applicable laws, orders,

regulations, use agreements and training related to the access, use, dissemination and release

of protected information.

804.3 RESPONSIBILITIES

The Chief of Police shall select a member of the Department to coordinate the use of protected

information.

The responsibilities of this position include, but are not limited to:

(a) Ensuring member compliance with this policy and with requirements applicable to

protected information, including requirements for the National Crime Information

Center (NCIC) system, National Law Enforcement Telecommunications System

(NLETS), Department of Motor Vehicle (DMV) records and the Utah Criminal Justice

Information System (UCJIS).

(b) Developing, disseminating and maintaining procedures that adopt or comply with the

U.S. Department of Justice’s current Criminal Justice Information Services (CJIS)

Security Policy.

with any other requirements for the access, use, dissemination, release and security

of protected information.

(d) Developing procedures to ensure training and certification requirements are met.

(e) Resolving specific questions that arise regarding authorized recipients of protected

information.

(f) Ensuring security practices and procedures are in place to comply with requirements

applicable to protected information.

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804.4 ACCESS TO PROTECTED INFORMATION

Protected information shall not be accessed in violation of any law, order, regulation, user

agreement, West Jordan Police Department policy or training. Only those members who have

completed applicable training and met any applicable requirements, such as a background check,

may access protected information, and only when the member has a legitimate work-related

reason for such access.

Unauthorized access, including access for other than a legitimate work-related purpose, is

prohibited and may subject a member to administrative action pursuant to the Personnel

Complaints Policy and/or criminal prosecution.

804.4.1 PENALTIES FOR MISUSE OF RECORDS

Misuse of access to criminal history record information is a class B misdemeanor (Utah Code

53-10-108).

Divulging the content of any criminal record to anyone other than authorized personnel is a

violation of the Standards of Conduct Policy.

Employees who obtain, or attempt to obtain, information from the department files other than that

to which they are entitled in accordance with their official duties is a violation of the Standards

of Conduct Policy.

804.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION

Protected information may be released only to authorized recipients who have both a right to know

and a need to know (Utah Code 53-10-108).

A member who is asked to release protected information that should not be released should refer

the requesting person to a supervisor or to the Records Manager for information regarding a formal

request.

Unless otherwise ordered or when an investigation would be jeopardized, protected information

maintained by the Department may generally be shared with authorized persons from other

law enforcement agencies who are assisting in the investigation or conducting a related

investigation. Any such information should be released through the Records Bureau to ensure

proper documentation of the release (see the Records Maintenance and Release).

Protected information, such as Criminal Justice Information (CJI), which includes Criminal History

Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any

other type of wireless transmission to members in the field or in vehicles through any computer or

electronic device, except in cases where there is an immediate need for the information to further

an investigation or where circumstances reasonably indicate that the immediate safety of officers,

other department members or the public is at risk.

Nothing in this policy is intended to prohibit broadcasting warrant information.

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804.6 SECURITY OF PROTECTED INFORMATION

The Chief of Police will select a member of the Department to oversee the security of protected

information.

The responsibilities of this position include, but are not limited to:

(a) Developing and maintaining security practices, procedures and training.

(b) Ensuring federal and state compliance with the CJIS Security Policy and the

requirements of any state or local criminal history records systems.

and containment of security incidents including computer attacks.

(d) Tracking, documenting and reporting all breach of security incidents to the Chief of

Police and appropriate authorities.

804.6.1 MEMBER RESPONSIBILITIES

Members accessing or receiving protected information shall ensure the information is not

accessed or received by persons who are not authorized to access or receive it. This includes

leaving protected information, such as documents or computer databases, accessible to others

when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended

table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an

unattended computer terminal).

804.7 TRAINING

All members authorized to access or release protected information shall complete a training

program that complies with any protected information system requirements and identifies

authorized access and use of protected information, as well as its proper handling and

dissemination.

Policy

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Animal Control

805.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for interacting with animals and responding

to calls for service that involve animals.

805.2 POLICY

It is the policy of the West Jordan Police Department to be responsive to the needs of the

community regarding animal-related issues. This includes enforcing local, state and federal laws

relating to animals and appropriately resolving or referring animal-related problems, as outlined

in this policy.

805.3 ANIMAL SERVICES RESPONSIBILITIES

Animal control services are generally the primary responsibility of Animal Services and include

the following:

(a) Animal-related matters during periods when Animal Services is available.

(b) Ongoing or persistent animal nuisance complaints. Such complaints may be

scheduled, if reasonable, for handling during periods that Animal Services is available

for investigation and resolution.

805.4 MEMBER RESPONSIBILITY

Members who respond to or assist with animal-related calls for service should evaluate the

situation to determine appropriate actions to control the situation.

Due to the hazards of handling animals without proper training and equipment, responding

members generally should not attempt to capture and pick up any animal, but should keep the

animal under observation until the arrival of appropriate assistance.

Members may consider acting before the arrival of such assistance when:

(a)

There is a threat to the public safety.

(b)

An animal has bitten someone. Members should take measures to confine the animal

and prevent further injury.

(c)

An animal is creating a traffic hazard.

(d) An animal is seriously injured.

(e)

The owner/handler of an animal has been arrested or is incapacitated. In such

circumstances, the member should find appropriate placement for the animal.

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This is only necessary when the arrestee is expected to be in custody for a

time period longer than would reasonably allow him/her to properly care for the

animal.

2. With the owner’s consent, locating appropriate placement may require

contacting relatives or neighbors to care for the animal.

3. If no person can be found or the owner does not or cannot give consent, the

animal should be taken to a designated animal care facility.

805.5 ANIMAL CRUELTY COMPLAINTS

Laws relating to the cruelty to animals should be enforced, including but not limited to Utah Code

76-9-301 et seq.

(a) An investigation should be conducted on all reports of animal cruelty.

(b) Legal steps should be taken to protect an animal that is in need of immediate care or

protection from acts of cruelty.

805.6 ANIMAL BITE REPORTS

Members investigating an animal bite should obtain as much information as possible for follow-up

with the appropriate health or animal authorities. Efforts should be made to capture or otherwise

have the animal placed under control. A dog or cat that bites a person must be kept on a 10-

day quarantine to ensure the victim was not exposed to the rabies virus. The quarantine can be

done at the animal shelter, veterinary hospital/clinic, or the animal owner’s residence under certain

circumstances. The decision for the quarantine location is determined by Animal Services based

upon the severity of the injury, the vaccination status of the biting animals, the bite's circumstance,

and the owner's ability to contain their animal properly.Members should attempt to identify and

notify the owner of the final disposition of the animal.

805.7 STRAY DOGS

If the dog has a license or can otherwise be identified, the owner should be contacted, if possible.

If the owner is contacted, the dog should be released to the owner and a citation may be issued,

if appropriate. If a dog is taken into custody, it shall be transported to the appropriate shelter/

holding pen.

Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter).

805.8 DANGEROUS ANIMALS

In the event responding members cannot fulfill a request for service because an animal is difficult or

dangerous to handle, the Watch Commander will be contacted to determine available resources,

including requesting the assistance of animal control services from an allied agency.

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805.9 PUBLIC NUISANCE CALLS RELATING TO ANIMALS

Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such

calls may involve significant quality of life issues.

805.10 DECEASED ANIMALS

When a member becomes aware of a deceased animal, all reasonable attempts should be made

to preliminarily determine if the death of the animal is related to criminal activity.

Deceased animals on public property should be removed, sealed in a plastic bag, and properly

disposed of by the responding member.

Members should not climb onto or under any privately owned structure for the purpose of removing

a deceased animal.

805.11 INJURED ANIMALS

When a member becomes aware of an injured domesticated animal, all reasonable attempts shall

be made to contact the owner or responsible handler. If an owner or responsible handler cannot

be located, the animal should be taken to a designated animal care facility.

805.11.1 INJURED WILDLIFE

Members encountering injured wildlife should contact the Utah Division of Wildlife Resources or

one of the Division’s authorized wildlife rehabilitators.

805.11 DESTRUCTION OF ANIMALS

When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that

poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured

animal shall only be euthanized with the approval of a supervisor.

When a domesticated animal needs to be euthanized, Animal Services staff should be contacted

to oversee the humane euthanasia of the animal.

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Chapter 9 - Custody

Policy

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Temporary Custody of Adults

900.1 PURPOSE AND SCOPE

This policy provides guidelines to address the health and safety of adults taken into temporary

custody by members of the West Jordan Police Department for processing prior to being released

or transferred to a housing or other type of facility.

Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy.

Juveniles will not be permitted where adults are in custody are being held.

Custodial searches are addressed in the Custodial Searches Policy.

900.1.1 DEFINITIONS

Definitions related to this policy include:

Holding cell/cell - Any locked enclosure for the custody of an adult or any other enclosure that

prevents the occupants from being directly visually monitored at all times by a member of the

Department.

Safety checks - Direct, visual observation by a member of this department performed at random

intervals, within time frames prescribed in this policy, to provide for the health and welfare of adults

in temporary custody.

Temporary custody - The time period an adult is in custody at the West Jordan Police Department

prior to being released or transported to a housing or other type of facility.

900.2 POLICY

The West Jordan Police Department is committed to releasing adults from temporary custody

as soon as reasonably practicable, and to keeping adults safe while in temporary custody at the

Department. Adults should be in temporary custody only for as long as reasonably necessary for

investigation, processing, transfer or release.

900.3 GENERAL CRITERIA AND SUPERVISION

No adult should be in temporary custody for longer than six hours.

900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY

Individuals who exhibit certain behaviors or conditions should not be in temporary custody at

the West Jordan Police Department, but should be transported to a jail facility, a medical facility

or other type of facility as appropriate. These include:

(a) Any individual who is unconscious or has been unconscious while being taken into

custody or while being transported.

(b) Any individual who has a medical condition, including pregnancy, or who may require

medical attention, supervision or medication while in temporary custody.

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(d) Individuals who are a suspected suicide risk (see the Civil Commitments Policy).

1. If the officer taking custody of an individual believes that he/she may be a suicide

risk, the officer shall ensure continuous direct supervision until evaluation,

release or a transfer to an appropriate facility is completed.

(e) Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents

Policy.

(f) Individuals who are under the influence of alcohol, a controlled substance or any

substance to the degree that may require medical attention, or who have ingested

any substance that poses a significant risk to their health, whether or not they appear

intoxicated.

(g) Any individual who has exhibited extremely violent or continuously violent behavior.

(h) Any individual who has claimed, is known to be afflicted with, or displays symptoms

of any communicable disease that poses an unreasonable exposure risk.

(i) Any individual with a prosthetic or orthopedic device where removal of the device

would be injurious to his/her health or safety.

Officers taking custody of a person who exhibits any of the above conditions should notify a

supervisor of the situation. These individuals should not be in temporary custody at the Department

unless they have been evaluated by a qualified medical or mental health professional, as

appropriate for the circumstances.

900.3.2 SUPERVISION IN TEMPORARY CUSTODY

An authorized department member capable of supervising shall be present at all times when an

individual is held in temporary custody. The member responsible for supervising should not have

other duties that could unreasonably conflict with his/her supervision. Any individual in custody

must be able to summon the supervising member if needed. If the person in custody is deaf or

hard of hearing or cannot speak, accommodations shall be made to provide this ability.

At least one female department member should be present when a female adult is in temporary

custody. In the event that none is readily available, the female in custody should be transported

to another facility or released pursuant to another lawful process.

Absent exigent circumstances, such as a medical emergency or a violent subject, members should

not enter the cell of a person of the opposite sex unless a member of the same sex as the person

in custody is present.

No individual in custody shall be permitted to supervise, control or exert any authority over other

individuals in custody.

900.3.3 ENTRY RESTRICTIONS

Entry into any location where a person is held in custody should be restricted to:

(a) Authorized members entering for official business purposes.

(b) Emergency medical personnel when necessary.

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When practicable, more than one authorized member should be present for entry into a location

where a person is held in custody for security purposes and to witness interactions.

900.4 INITIATING TEMPORARY CUSTODY

The officer responsible for an individual in temporary custody should evaluate the person for

any apparent chronic illness, disability, vermin infestation, possible communicable disease or any

other potential risk to the health or safety of the individual or others. The officer should specifically

ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications

of suicidal intent.

The receiving officer should ask the arresting officer if there is any statement, indication or

evidence surrounding the individual's arrest and transportation that would reasonably indicate the

individual is at risk for suicide or critical medical care. If there is any suspicion that the individual

may be suicidal, he/she shall be transported to the City jail or the appropriate mental health facility.

The officer should promptly notify the Watch Commander of any conditions that may warrant

immediate medical attention or other appropriate action. The Watch Commander shall determine

whether the individual will be placed in a cell, immediately released or transported to jail or other

facility.

900.4.1 SCREENING AND PLACEMENT

The officer responsible for an individual in custody shall:

(a) Advise the Watch Commander of any significant risks presented by the individual (e.g.,

suicide risk, health risk, violence).

(b) Evaluate the following issues against the stated risks in (a) to determine the need for

placing the individual in a single cell:

1. Consider whether the individual may be at a high risk of being sexually abused

based on all available known information (28 CFR 115.141), or whether the

person is facing any other identified risk.

2. Provide any individual identified as being at a high risk for sexual or other

victimization with heightened protection. This may include (28 CFR 115.113; 28

CFR 115.141):

(a) Continuous, direct sight and sound supervision.

(b) Single-cell placement in a cell that is actively monitored on video by a

member who is available to immediately intervene.

3. Ensure individuals are separated according to severity of the crime (e.g., felony

or misdemeanor).

4. Ensure males and females are separated by sight and sound when in cells.

5. Ensure restrained individuals are not placed in cells with unrestrained

individuals.

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from those who are in temporary custody pending criminal charges.

(d) Ensure separation, as appropriate, based on other factors, such as age, criminal

sophistication, assaultive/non-assaultive behavior, mental state, disabilities and

sexual orientation.

900.4.2 CONSULAR NOTIFICATION

Consular notification may be mandatory when certain foreign nationals are arrested.

The Patrol Division Chief will ensure that the U.S. Department of State’s list of countries and

jurisdictions that require mandatory notification is readily available to department members.

There should also be a published list of foreign embassy and consulate telephone and fax

numbers, as well as standardized notification forms that can be transmitted and then retained for

documentation. Prominently displayed signs informing foreign nationals of their rights related to

consular notification should also be posted in areas used for the temporary custody of adults.

Department members assigned to process a foreign national shall:

(a) Inform the individual, without delay, that he/she may have his/her consular officers

notified of the arrest or detention and may communicate with them.

1. This notification should be documented.

(b) Determine whether the foreign national’s country is on the U.S. Department of State’s

mandatory notification list.

1. If the country is on the mandatory notification list, then:

(a) Notify the country’s nearest embassy or consulate of the arrest or

detention by fax or telephone.

(b) Tell the individual that this notification has been made and inform him/her

without delay that he/she may communicate with consular officers.

without delay.

(d) Document all notifications to the embassy or consulate and retain the

faxed notification and any fax confirmation for the individual’s file.

2. If the country is not on the mandatory notification list and the individual requests

that his/her consular officers be notified, then:

(a) Notify the country’s nearest embassy or consulate of the arrest or

detention by fax or telephone.

(b) Forward any communication from the individual to his/her consular officers

without delay.

900.5 SAFETY, HEALTH AND OTHER PROVISIONS

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900.5.1 TEMPORARY CUSTODY LOGS

Any time an individual is in temporary custody at the West Jordan Police Department, the custody

shall be promptly and properly documented in a custody log, including:

(a) Identifying information about the individual, including his/her name.

(b) Date and time of arrival at the Department.

(d) Time of all safety checks.

(e) Any medical and other screening requested and completed.

(f) Any emergency situations or unusual incidents.

(g) Any other information that may be required by other authorities, such as compliance

inspectors.

(h) Date and time of release from the West Jordan Police Department.

The Watch Commander should initial the log to approve the temporary custody and should also

initial the log when the individual is released from custody or transferred to another facility.

The Watch Commander should make periodic checks to ensure all log entries and safety and

security checks are made on time.

900.5.2 TEMPORARY CUSTODY REQUIREMENTS

Members monitoring or processing anyone in temporary custody shall ensure:

(a) Safety checks and significant incidents/activities are noted on the log.

(b) Individuals in custody are informed that they will be monitored at all times, except

when using the toilet.

1. There shall be no viewing devices, such as peep holes or mirrors, of which the

individual is not aware.

2. This does not apply to surreptitious and legally obtained recorded interrogations.

(d) There is reasonable access to a drinking fountain or water.

(e) There are reasonable opportunities to stand and stretch, particularly if handcuffed or

otherwise restrained.

(f) There is privacy during attorney visits.

(g) Those in temporary custody are generally permitted to remain in their personal clothing

unless it is taken as evidence or is otherwise unsuitable or inadequate for continued

wear while in custody.

(h) Clean blankets are provided as reasonably necessary to ensure the comfort of an

individual.

1. The supervisor should ensure that there is an adequate supply of clean blankets.

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(i) Adequate shelter, heat, light and ventilation are provided without compromising

security or enabling escape.

(j) Adequate furnishings are available, including suitable chairs or benches.

900.5.3 MEDICAL CARE

First-aid equipment and basic medical supplies should be available to department members. At

least one member who has current certification in basic first aid and CPR should be on-duty at

all times.

Should a person in custody be injured or become ill, appropriate medical assistance should be

sought. A supervisor should meet with those providing medical aid at the facility to allow access

to the person. Members shall comply with the opinion of medical personnel as to whether an

individual in temporary custody should be transported to the hospital. If the person is transported

while still in custody, he/she will be accompanied by an officer.

Those who require medication while in temporary custody should not be at the West Jordan Police

Department. They should be released or transferred to another facility as appropriate.

900.5.4 ORTHOPEDIC OR PROSTHETIC APPLIANCE

Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or

prosthetic appliance. However, if the appliance presents a risk of bodily harm to any person or is

a risk to the security of the facility, the appliance may be removed from the individual unless its

removal would be injurious to his/her health or safety.

Whenever a prosthetic or orthopedic appliance is removed, the Watch Commander shall be

promptly apprised of the reason. It shall be promptly returned when it reasonably appears that

any risk no longer exists.

900.5.5 TELEPHONE CALLS

Every individual in temporary custody should be allowed to make a reasonable number of

completed telephone calls as soon as possible after arrival.

(a) Telephone calls may be limited to local calls, except that long-distance calls may be

made by the individual at his/her own expense.

1. The Department should pay the cost of any long-distance calls related to

arranging for the care of a child or dependent adult (see the Child and Dependent

Adult Safety Policy).

(b) The individual should be given sufficient time to contact whomever he/she desires

and to make any necessary arrangements, including child or dependent adult care,

or transportation upon release.

1. Telephone calls are not intended to be lengthy conversations. The member

assigned to monitor or process the individual may use his/her judgment in

determining the duration of the calls.

confidential and shall not be monitored, eavesdropped upon or recorded.

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900.5.6 RELIGIOUS ACCOMMODATION

Subject to available resources, safety and security, the religious beliefs and needs of all individuals

in custody should be reasonably accommodated. Requests for religious accommodation should

generally be granted unless there is a compelling security or safety reason and denying the request

is the least restrictive means available to ensure security or safety. The responsible supervisor

should be advised any time a request for religious accommodation is denied.

Those who request to wear headscarves or simple head coverings for religious reasons should

generally be accommodated absent unusual circumstances. Head coverings shall be searched

before being worn.

Individuals wearing headscarves or other approved coverings shall not be required to remove them

while in the presence of or while visible to the opposite sex if they so desire. Religious garments

that substantially cover the individual’s head and face may be temporarily removed during the

taking of any photographs.

900.5.7 FIREARMS AND OTHER SECURITY MEASURES

Firearms and other weapons and control devices shall not be permitted in secure areas where

individuals are in custody or are processed. They should be properly secured outside of the secure

area. An exception may occur only during emergencies, upon approval of a supervisor.

All perimeter doors to secure areas shall be kept locked at all times, except during routine cleaning,

when no individuals in custody are present or in the event of an emergency, such as an evacuation.

900.6 USE OF RESTRAINT DEVICES

Individuals in custody may be handcuffed in accordance with the Handcuffing and Restraints

Policy. Unless an individual presents a heightened risk, handcuffs should generally be removed

when the person is in a cell.

The use of restraints, other than handcuffs or leg irons, generally should not be used for individuals

in temporary custody at the West Jordan Police Department unless the person presents a

heightened risk, and only in compliance with the Handcuffing and Restraints Policy.

Individuals in restraints shall be kept away from other unrestrained individuals in custody and

monitored to protect them from abuse.

900.6.1 PREGNANT ADULTS

Women who are known to be pregnant should be restrained in accordance with the Handcuffing

and Restraints Policy.

900.7 PERSONAL PROPERTY

The personal property of an individual in temporary custody should be removed, inventoried

and processed as provided in the Custodial Searches Policy, unless the individual requests a

different disposition. For example, an individual may request property (i.e., cash, car or house

keys, medications) be released to another person. A request for the release of property to another

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person must be made in writing. Release of the property requires the recipient’s signature on the

appropriate form.

Upon release of an individual from temporary custody, his/her items of personal property shall

be compared with the inventory, and he/she shall sign a receipt for the property's return. If the

individual is transferred to another facility or court, the member transporting the individual is

required to obtain the receiving person’s signature as notice of receipt. The Department shall

maintain a copy of the property receipt.

The Watch Commander shall be notified whenever an individual alleges that there is a shortage or

discrepancy regarding his/her property. The Watch Commander shall attempt to prove or disprove

the claim.

900.8 HOLDING CELLS

A thorough inspection of a cell shall be conducted before placing an individual into the cell to

ensure there are no weapons or contraband and that the cell is clean and sanitary. An inspection

also should be conducted when he/she is released. Any damage noted to the cell should be

photographed and documented.

The following requirements shall apply:

(a) The individual shall be searched (see the Custodial Searches Policy), and anything

that could create a security or suicide risk, such as contraband, hazardous items, belts,

shoes or shoelaces and jackets, shall be removed.

(b) The individual shall constantly be monitored by an audio/video system during the entire

custody.

(d) The individual’s initial placement into and removal from a locked enclosure shall be

logged.

(e) Safety checks by department members shall occur no less than every 15 minutes.

1. Safety checks should be at varying times.

2. All safety checks shall be logged.

3. The safety check should involve questioning the individual as to his/her well-

being.

4. Individuals who are sleeping or apparently sleeping should be awakened.

5. Requests or concerns of the individual should be logged.

900.9 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY

The Patrol Division Chief will ensure procedures are in place to address any suicide attempt, death

or serious injury of any individual in temporary custody at the West Jordan Police Department.

The procedures should include the following:

(a) Immediate request for emergency medical assistance if appropriate.

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(b) Immediate notification of the Watch Commander, Chief of Police

and Investigation Division Chief.

(d) Notification of the appropriate prosecutor.

(e) Notification of the City Attorney.

(f) Notification of the Medical Examiner.

(g) Evidence preservation.

900.10 RELEASE AND/OR TRANSFER

When an individual is released or transferred from custody, the member releasing the individual

should ensure the following:

(a) All proper reports, forms and logs have been completed prior to release.

(b) A check has been made to ensure that the individual is not reported as missing and

does not have outstanding warrants.

(d) All property, except evidence, contraband or dangerous weapons, has been returned

to, or sent with, the individual.

(e) All pertinent documentation accompanies the individual being transported to another

facility (e.g., copies of booking forms, medical records, an itemized list of his/her

property, warrant copies).

(f) The individual is not permitted in any nonpublic areas of the West Jordan Police

Department unless escorted by a member of the Department.

(g) Any known threat or danger the individual may pose (e.g., escape risk, suicide

potential, medical condition) is documented, and the documentation transported with

the individual if he/she is being sent to another facility.

1. The department member transporting the individual shall ensure such risks are

communicated to intake personnel at the other facility.

(h) Generally, persons of the opposite sex, or adults and juveniles, should not be

transported in the same vehicle unless they are physically separated by a solid barrier.

If segregating individuals is not practicable, officers should be alert to inappropriate

physical or verbal contact and take appropriate action as necessary.

(i) Transfers between facilities or other entities, such as a hospital, should be

accomplished with a custodial escort of the same sex as the person being transferred

to assist with his/her personal needs as reasonable.

900.11 ASSIGNED ADMINISTRATOR

The Patrol Division Chief will ensure any reasonably necessary supplemental procedures are in

place to address the following issues:

(a) General security

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(b) Key control

(d) Emergency medical treatment

(e) Escapes

(f) Evacuation plans

(g) Fire- and life-safety

(h) Disaster plans

(i) Building and safety code compliance

900.12 TRAINING

Department members should be trained and familiar with this policy and any supplemental

procedures.

Policy

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Custodial Searches

901.1 PURPOSE AND SCOPE

This policy provides guidance regarding searches of individuals in custody. Such searches are

necessary to eliminate the introduction of contraband, intoxicants or weapons into the West Jordan

Police Department facility. Such items can pose a serious risk to the safety and security of

department members, individuals in custody, contractors and the public.

Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an

individual in custody.

901.1.1 DEFINITIONS

Definitions related to this policy include:

Custody search - An in-custody search of an individual and of his/her property, shoes and

clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous

items and contraband.

Physical body cavity search - A search that includes a visual inspection and may include

a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an

individual, and the vagina of a female person.

Strip search - A search that requires an individual to remove or rearrange some or all of

his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or

outer genitalia. This includes monitoring an individual who is changing clothes, where his/her

underclothing, buttocks, genitalia or female breasts are visible.

901.2 POLICY

All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and

hygiene, and in compliance with policy and law to protect the rights of those who are subject to

any search.

Searches shall not be used for intimidation, harassment, punishment or retaliation.

901.3 FIELD AND TRANSPORTATION SEARCHES

An officer should conduct a custody search of an individual immediately after his/her arrest, when

receiving an individual from the custody of another, and before transporting a person who is in

custody in any department vehicle.

Whenever practicable, a custody search should be conducted by an officer of the same sex as

the person being searched. If an officer of the same sex is not reasonably available, a witnessing

officer should be present during the search.

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901.4 SEARCHES AT POLICE FACILITIES

Custody searches shall be conducted on all individuals in custody, upon entry to the West Jordan

Police Department facilities. Except in exigent circumstances, the search should be conducted by

a member of the same sex as the individual being searched. If a member of the same sex is not

available, a witnessing member must be present during the search.

Custody searches should also be conducted any time an individual in custody enters or re-enters

a secure area, or any time it is reasonably believed that a search is necessary to maintain the

safety and security of the facility.

901.4.1 PROPERTY

Members shall take reasonable care in handling the property of an individual in custody to avoid

discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until

the individual is released or transferred.

Some property may not be accepted by a facility or agency that is taking custody of an individual

from this department, such as weapons or large items. These items should be retained for

safekeeping in accordance with the Property and Evidence Policy.

All property shall be inventoried by objective description (this does not include an estimated value).

The individual from whom it was taken shall be required to sign the completed inventory. If the

individual's signature cannot be obtained, the inventory shall be witnessed by another department

member. The inventory should include the case number, date, time, member's West Jordan Police

Department identification number and information regarding how and when the property may be

released.

901.4.2 VERIFICATION OF MONEY

All money shall be counted in front of the individual from whom it was received. When possible,

the individual shall initial the dollar amount on the inventory. Additionally, all money should be

placed in a separate envelope and sealed. Negotiable checks or other instruments and foreign

currency should also be sealed in an envelope with the amount indicated but not added to the

cash total. All envelopes should clearly indicate the contents on the front. The department member

sealing it should place his/her initials across the sealed flap. Should any money be withdrawn or

added, the member making such change shall enter the amount below the original entry and initial

it. The amount of money in the envelope should always be totaled and written on the outside of

the envelope.

901.5 STRIP SEARCHES

No individual in temporary custody at any West Jordan Police Department facility shall be

subjected to a strip search unless there is reasonable suspicion based upon specific and

articulable facts to believe the individual has a health condition requiring immediate medical

attention or is concealing a weapon or contraband. Factors to be considered in determining

reasonable suspicion include but are not limited to:

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(a) The detection of an object during a custody search that may be a weapon or

contraband and cannot be safely retrieved without a strip search.

(b) Circumstances of a current arrest that specifically indicate the individual may be

concealing a weapon or contraband.

1. A felony arrest charge or being under the influence of a controlled substance

should not suffice as reasonable suspicion absent other facts.

department members, escape attempts).

(d) The individual’s actions or demeanor.

(e) Criminal history (i.e., level of experience in a custody setting).

No transgender or intersex individual shall be searched or examined for the sole purpose of

determining the individual’s genital status. If the individual’s genital status is unknown, it may be

determined during conversations with the person, by reviewing medical records, or as a result of

a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115).

901.5.1 STRIP SEARCH PROCEDURES

Strip searches at West Jordan Police Department facilities shall be conducted as follows (28 CFR

115.115):

(a) Written authorization from the Watch Commander shall be obtained prior to the strip

search.

(b) All members involved with the strip search shall be of the same sex as the individual

being searched, unless the search is conducted by a medical practitioner.

conditions and in a secure area of privacy so that it cannot be observed by those not

participating in the search. The search shall not be reproduced through a visual or

sound recording.

(d) Whenever possible, a second member of the same sex should also be present during

the search, for security and as a witness to the finding of evidence.

(e) Members conducting a strip search shall not touch the breasts, buttocks or genitalia

of the individual being searched.

(f) The primary member conducting the search shall prepare a written report to include:

1. The facts that led to the decision to perform a strip search.

2. The reasons less intrusive methods of searching were not used or were

insufficient.

3. The written authorization for the search, obtained from the Watch Commander.

4. The name of the individual who was searched.

5. The name and sex of the members who conducted the search.

6. The name, sex and role of any person present during the search.

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7. The time and date of the search.

8. The place at which the search was conducted.

9. A list of the items, if any, that were recovered.

10. The facts upon which the member based his/her belief that the individual was

concealing a weapon or contraband.

(g) No member should view an individual's private underclothing, buttocks, genitalia

or female breasts while that individual is showering, performing bodily functions or

changing clothes, unless he/she otherwise qualifies for a strip search. However, if

serious hygiene or health issues make it reasonably necessary to assist the individual

with a shower or a change of clothes, a supervisor should be contacted to ensure

reasonable steps are taken to obtain the individual's consent and/or otherwise protect

his/her privacy and dignity.

901.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES

A strip search may be conducted in the field only with Watch Commander authorization and only

in exceptional circumstances, such as when:

(a) There is probable cause to believe that the individual is concealing a weapon or other

dangerous item that cannot be recovered by a more limited search.

(b) There is probable cause to believe that the individual is concealing controlled

substances or evidence that cannot be recovered by a more limited search, and there

is no reasonable alternative to ensure the individual cannot destroy or ingest the

substance during transportation.

These special-circumstance field strip searches shall only be authorized and conducted under the

same restrictions as the strip search procedures in this policy, except that the Watch Commander

authorization does not need to be in writing.

901.6 PHYSICAL BODY CAVITY SEARCH

Physical body cavity searches shall be subject to the following (Utah Code 77-7-17.5):

(a) No individual shall be subjected to a physical body cavity search without written

approval of the Watch Commander and only upon a search warrant or approval of

legal counsel. A copy of any search warrant and the results of the physical body cavity

search shall be included with the related reports and made available, upon request,

to the individual or authorized representative (except for those portions of the warrant

ordered sealed by a court).

(b) Only a physician may conduct a physical body cavity search.

same sex as the individual being searched. Only the necessary department members

needed to maintain the safety and security of the medical personnel shall be present.

(d) Privacy requirements, including restricted touching of body parts and sanitary

condition requirements, are the same as required for a strip search.

(e) All such searches shall be documented, including (Utah Code 77-7-17.5):

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1. The facts that led to the decision to perform a physical body cavity search of

the individual.

2. The reasons less intrusive methods of searching were not used or were

insufficient.

3. The Watch Commander’s approval.

4. A copy of the search warrant.

5. The time, date, and location of the search.

6. The medical personnel present.

7. The names, sex, and roles of any department members present.

8. Any contraband or weapons discovered by the search.

9. The procedures followed in performing the search and a description of the body

areas searched.

(f) A copy of the written authorization shall be retained and made available to the

individual who was searched or other authorized representative upon request.

901.7 TRAINING

The Training Sergeant shall ensure members have training that includes (28 CFR 115.115):

(a) Conducting searches of cross-gender individuals.

(b) Conducting searches of transgender and intersex individuals.

intrusive manner possible, consistent with security needs.

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Chapter 10 - Personnel

Policy

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Recruitment and Selection

1000.1 PURPOSE AND SCOPE

This policy provides a framework for employee recruiting efforts and identifying job-related

standards for the selection process. This policy supplements the rules that govern employment

practices for the West Jordan Police Department and that are promulgated and maintained by the

Department of Human Resources.

1000.2 POLICY

In accordance with applicable federal, state, and local law, the West Jordan Police Department

provides equal opportunities for applicants and employees regardless of actual or perceived

race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression,

age, disability, pregnancy, genetic information, veteran status, marital status, and any other

classification or status protected by law. The Department does not show partiality or grant any

special status to any applicant, employee, or group of employees unless otherwise required by

law.

The Department will recruit and hire only those individuals who demonstrate a commitment to

service and who possess the traits and characteristics that reflect personal integrity and high

ethical standards.

1000.3 RECRUITMENT

The Administration Division Chief should employ a comprehensive recruitment and selection

strategy to recruit and select employees from a qualified and diverse pool of candidates.

The strategy should include:

(a) Identification of racially and culturally diverse target markets.

(b) Use of marketing strategies to target diverse applicant pools.

include an interactive department website and the use of department-managed social

networking sites, if resources permit.

(d) Expanded outreach through partnerships with media, community groups, citizen

academies, local colleges, universities and the military.

(e) Employee referral and recruitment incentive programs.

(f) Consideration of shared or collaborative regional testing processes.

The Administration Division Chief shall avoid advertising, recruiting and screening practices that

tend to stereotype, focus on homogeneous applicant pools or screen applicants in a discriminatory

manner.

The Department should strive to facilitate and expedite the screening and testing process, and

should periodically inform each candidate of his/her status in the recruiting process.

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1000.4 SELECTION PROCESS

The Department shall actively strive to identify a diverse group of candidates that have in some

manner distinguished themselves as being outstanding prospects. Minimally, the Department

should employ a comprehensive screening, background investigation, and selection process that

assesses cognitive and physical abilities and includes review and verification of the following:

(a) A comprehensive application for employment (including previous employment,

references, current and prior addresses, education, military record)

(b) Driving record

(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS)

Employment Eligibility Verification Form I-9 and acceptable identity and employment

authorization documents. This required documentation should not be requested until

a candidate is hired. This does not prohibit obtaining documents required for other

purposes.

(e) Information obtained from public internet sites

(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681

et seq.)

(g) Local, state, and federal criminal history record checks

(h) Polygraph or voice stress analyzer (VSA) examination (when legally permissible)

(i) Medical and psychological examination (may only be given after a conditional offer

of employment)

(j) Review board or selection committee assessment

1000.4.1 VETERAN PREFERENCE

The Department will provide veteran preference as required by Utah Code 71-10-2.

1000.5 BACKGROUND INVESTIGATION

Every candidate shall undergo a thorough background investigation to verify his/her personal

integrity and high ethical standards, and to identify any past behavior that may be indicative of

the candidate’s unsuitability to perform duties relevant to the operation of the West Jordan Police

Department (Utah Code 53-6-203; Utah Code 53-6-302).

1000.5.1 NOTICES

Background investigators shall ensure that investigations are conducted and notices provided in

accordance with the requirements of the FCRA (15 USC § 1681d).

1000.5.2 REVIEW OF SOCIAL MEDIA SITES

Due to the potential for accessing unsubstantiated, private or protected information,

the Administration Division Chief shall not require candidates to provide passwords, account

information or access to password-protected social media accounts (Utah Code 34-48-201).

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The Administration Division Chief should consider utilizing the services of an appropriately trained

and experienced third party to conduct open source, internet-based searches and/or review

information from social media sites to ensure that:

(a) The legal rights of candidates are protected.

(b) Material and information to be considered are verified, accurate and validated.

federal law.

Regardless of whether a third party is used, the Administration Division Chief should ensure

that potentially impermissible information is not available to any person involved in the candidate

selection process.

1000.5.3 DOCUMENTING AND REPORTING

The background investigator shall summarize the results of the background investigation in a

report that includes sufficient information to allow the reviewing authority to decide whether to

extend a conditional offer of employment. The report shall not include any information that is

prohibited from use, including that from social media sites, in making employment decisions.

The report and all supporting documentation shall be included in the candidate’s background

investigation file.

1000.5.4 RECORDS RETENTION

The background report and all supporting documentation shall be maintained in accordance with

the established records retention schedule.

1000.6 DISQUALIFICATION GUIDELINES

As a general rule, performance indicators and candidate information and records shall be

evaluated by considering the candidate as a whole, and taking into consideration the following:

•

Age at the time the behavior occurred

•

Passage of time

•

Patterns of past behavior

•

Severity of behavior

•

Probable consequences if past behavior is repeated or made public

•

Likelihood of recurrence

•

Relevance of past behavior to public safety employment

•

Aggravating and mitigating factors

•

Other relevant considerations

A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the-

circumstances framework.

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1000.7 EMPLOYMENT STANDARDS

All candidates shall meet the minimum standards required by state law (Utah Code 53-6-203;

Utah Code 53-6-302). Candidates will be evaluated based on merit, ability, competence and

experience, in accordance with the high standards of integrity and ethics valued by the Department

and the community.

Validated, job-related and nondiscriminatory employment standards shall be established for each

job classification and shall minimally identify the training, abilities, knowledge and skills required

to perform the position’s essential duties in a satisfactory manner. Each standard should include

performance indicators for candidate evaluation. The Department of Human Resources should

maintain validated standards for all positions.

1000.7.1 STANDARDS FOR OFFICERS

Candidates shall meet the minimum standards established by the Utah Peace Officer Standards

and Training (POST) Council (Utah Code 53-6-203):

(a) Citizen of the United States or lawful permanent resident who has legal authorization

to work in the United States and has been in the United States legally for at least five

years immediately preceding the day on which the application is made

(b) At least 21 years old

(d) Not have been convicted of a crime for which the candidate could be punished by

imprisonment

(e) Demonstrate good moral character as determined through a background investigation.

A candidate shall be considered to be of good moral character if he/she has not

engaged in conduct that would violate Utah Code 53-6-211(1)

(f) Be free of any physical, emotional, or mental condition that might adversely affect the

performance of the candidate’s duties as a peace officer

(g) Criminal background check of local, state, and national criminal history files

(h) Not prohibited from possessing a firearm under state or federal law

(i) Meet all other standards required by POST

In addition to the standards established by POST, the department may establish additional

standards concerning peace officer candidates (Utah Code 53-6-207).

1000.8 PROBATIONARY PERIODS

The Administration Division Chief should coordinate with the West Jordan Department of Human

Resources to identify positions subject to probationary periods and procedures for:

(a) Appraising performance during probation.

(b) Assessing the level of performance required to complete probation.

(d) Documenting successful or unsuccessful completion of probation.

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Policy

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Promotion and Transfer

1001.1 PURPOSE AND SCOPE

The purpose of this policy is to establish required and desirable qualifications for promotion within

the ranks of the West Jordan Police Department.

1001.1.1 GENERAL REQUIREMENTS

The following considerations will be used in evaluating employees for promotion or transfer to a

specialty assignment:

(a) Present a professional, neat appearance.

(b) Maintain a good physical condition which aids in their performance of the essential

job functions.

1. Emotional stability and maturity.

2. Stress tolerance

3. Sound judgment and decision-making.

4. Personal integrity and ethical conduct.

5. Leadership

6. Initiative

7. Adaptability and flexibility.

8. Ability to conform to organizational goals and objectives in a positive manner.

1001.2 SWORN NON-SUPERVISORY SELECTION PROCESS

The following positions are considered transfers and are not considered promotions:

(a) Crisis Response Unit

(b) Detective.

(d) Traffic Officer.

(e) Field Training Officer.

(f) Training Officer.

(g) D.A.R.E. Officer.

(h) School Resource Officer

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1001.2.1 DESIRABLE QUALIFICATIONS

The following qualifications apply to consideration for transfer:

(a) Experience.

(b) Off probation.

(d) Education, training and demonstrated abilities in related areas; such as, enforcement

activities, investigative techniques, report writing, public relations.

(e) Completed any training required by POST or law.

1001.3 SELECTION PROCESS

The following criteria apply to transfers:

(a) Administrative evaluation as determined by the Chief of Police. This shall include

a review of supervisor recommendations. Each supervisor who has supervised or

otherwise been involved with the candidate will submit these recommendations.

(b) The supervisor recommendations will be submitted to the Division Chief for whom the

candidate will work. The Division Chiefmay schedule interviews with each candidate.

Chief will submit a recommendation(s) to the Chief of Police.

(d) Appointment by the Chief of Police.

This policy for all positions may be waived for temporary assignments, emergency situations or

for training.

1001.4 PROMOTIONAL SPECIFICATIONS

Specifications for promotional opportunities are on file with the West Jordan Department of Human

Resources.

Policy

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Anti-Retaliation

1002.1 PURPOSE AND SCOPE

This policy prohibits retaliation against members who identify workplace issues, such as fraud,

waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices,

including violations that may pose a threat to the health, safety or well-being of members.

This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such

as discipline for cause.

These guidelines are intended to supplement and not limit members’ access to other applicable

remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any

applicable federal law, provision of the U.S. Constitution, law, ordinance or collective bargaining

agreement.

1002.2 POLICY

The West Jordan Police Department has a zero tolerance for retaliation and is committed to taking

reasonable steps to protect from retaliation members who, in good faith, engage in permitted

behavior or who report or participate in the reporting or investigation of workplace issues. All

complaints of retaliation will be taken seriously and will be promptly and appropriately investigated.

1002.3 RETALIATION PROHIBITED

No member may retaliate against any person for engaging in lawful or otherwise permitted

behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory;

for reporting or making a complaint under this policy; or for participating in any investigation related

to a complaint under this or any other policy.

Retaliation includes any adverse action or conduct, including but not limited to:

•

Refusing to hire or denying a promotion.

•

Extending the probationary period.

•

Unjustified reassignment of duties or change of work schedule.

•

Real or implied threats or other forms of intimidation to dissuade the reporting of

wrongdoing or filing of a complaint, or as a consequence of having reported or

participated in protected activity.

•

Taking unwarranted disciplinary action.

•

Spreading rumors about the person filing the complaint or about the alleged

wrongdoing.

•

Shunning or unreasonably avoiding a person because he/she has engaged in

protected activity.

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1002.4 COMPLAINTS OF RETALIATION

Any member who feels he/she has been retaliated against in violation of this policy should promptly

report the matter to any supervisor, command staff member, Chief of Police or the City Director

of Human Services.

Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations

or transgressions, and make reasonable efforts to verify facts before making any complaint in order

to avoid baseless allegations. Members shall not report or state an intention to report information

or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of

the information or otherwise act in bad faith.

Investigations are generally more effective when the identity of the reporting member is known,

thereby allowing investigators to obtain additional information from the reporting member.

However, complaints may be made anonymously. All reasonable efforts shall be made to protect

the reporting member’s identity. However, confidential information may be disclosed to the extent

required by law or to the degree necessary to conduct an adequate investigation and make a

determination regarding a complaint. In some situations, the investigative process may not be

complete unless the source of the information and a statement by the member is part of the

investigative process.

1002.5 SUPERVISOR RESPONSIBILITIES

Supervisors are expected to remain familiar with this policy and ensure that members under their

command are aware of its provisions.

The responsibilities of supervisors include but are not limited to:

(a) Ensuring complaints of retaliation are investigated as provided in the Personnel

Complaints Policy.

(b) Receiving all complaints in a fair and impartial manner.

(d) Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of

command and explaining to the member how the complaint will be handled.

(e) Taking appropriate and reasonable steps to mitigate any further violations of this

policy.

(f) Monitoring the work environment to ensure that any member making a complaint is

not subjected to further retaliation.

(g) Periodic follow-up with the complainant to ensure that retaliation is not continuing.

(h) Not interfering with or denying the right of a member to make any complaint.

(i) Taking reasonable steps to accommodate requests for assignment or schedule

changes made by a member who may be the target of retaliation if it would likely

mitigate the potential for further violations of this policy.

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1002.6 COMMAND STAFF RESPONSIBILITIES

The Chief of Police should communicate to all supervisors the prohibition against retaliation.

Command staff shall treat all complaints as serious matters and shall ensure that prompt actions

take place, including but not limited to:

(a) Communicating to all members the prohibition against retaliation.

(b) The timely review of complaint investigations.

eliminate or minimize the likelihood of recurrence.

(d) The timely communication of the outcome to the complainant.

1002.7 WHISTLE-BLOWING

The Utah Protection of Public Employees Act protects an employee who (Utah Code 67-21-1 et

seq.):

(a) Communicates in good faith the waste or misuse of public funds, property, or

manpower.

(b) Communicates in good faith a suspected violation of a state or federal law, rule, or

regulation.

violates state or federal law.

Members who believe they have been the subject of retaliation for engaging in such protected

behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the

Internal Affairs Unit for investigation pursuant to the Personnel Complaints Policy.

1002.7.1 NOTICE OF EMPLOYEE PROTECTIONS AND OBLIGATIONS

The Department shall post a notice and use appropriate means to keep employees informed

of their protections and obligations under the Utah Protection of Public Employees Act. The

Department shall provide the employee with a copy of the Act (Utah Code 67-21-9):

(a) When the employee is hired.

(b) Upon a request by the employee.

Act.

1002.8 RECORDS RETENTION AND RELEASE

The Records Manager shall ensure that documentation of investigations is maintained in

accordance with the established records retention schedules.

1002.9 TRAINING

The policy should be reviewed with each new member.

All members should receive periodic refresher training on the requirements of this policy.

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Policy

1003

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Reporting of Employee Convictions

1003.1 PURPOSE AND SCOPE

Convictions of certain offenses may restrict or prohibit an employee’s ability to properly perform

official duties. Therefore, all employees shall be required to promptly notify the Department

Director of any past and current criminal convictions.

1003.2 DOMESTIC VIOLENCE CONVICTIONS AND RESTRAINING ORDERS

Federal law prohibits individuals convicted of certain offenses and individuals subject to certain

court orders from lawfully possessing a firearm. Such convictions and court orders often involve

allegations of the use or attempted use of force or threatened use of a weapon on any individual

in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922; Utah Code

76-10-503).

All members are responsible for ensuring that they have not been disqualified from possessing

a firearm by any such conviction or court order and shall promptly report any such conviction or

court order to a supervisor, as provided in this policy.

Any person applying for or holding a concealed firearm permit and who is convicted of any offense

involving domestic violence may have the permit refused, revoked or suspended (Utah Code

53-5-704(2)(a)(vi)).

1003.3 OTHER CRIMINAL CONVICTIONS

Utah Code 53-6-203(1)(d) prohibits any person convicted of a felony from being a peace officer

in the State of Utah. This prohibition applies regardless of whether the guilt was established by

way of a verdict, guilty or nolo contendere plea.

Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon

conviction of any criminal offense, criminal conduct by members of the Department may be

inherently in conflict with law enforcement duties and the public trust.

1003.4 REPORTING PROCEDURE

All members of this department and all retired officers with an identification card issued by the

Department shall promptly notify their immediate supervisor (or the Chief of Police in the case of

retired officers) in writing of any past or current criminal arrest or conviction, regardless of whether

the matter is currently on appeal and regardless of the penalty or sentence, if any.

All members and all retired officers with an identification card issued by the Department shall

further promptly notify their immediate supervisor (or the Chief of Police in the case of retired

officers) in writing if the member or retiree becomes the subject of a domestic violence restraining

order or similar court order.

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Any member whose criminal conviction unduly restricts or prohibits that member from fully and

properly performing his/her duties may be disciplined including, but not limited to, being placed

on administrative leave, reassignment and/or termination.

Any member failing to provide prompt written notice pursuant to this policy shall be subject to

discipline.

Policy

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Drug- and Alcohol-Free Workplace

1004.1 PURPOSE AND SCOPE

The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol

in the workplace (41 USC § 8103).

1004.1 EMPLOYEE ASSISTANCE PROGRAM

There may be available a voluntary employee assistance program to assist those who wish to seek

help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment

for drug and alcohol abuse also may be available. Employees should contact the Department of

Human Resources, their insurance providers or the employee assistance program for additional

information. It is the responsibility of each employee to seek assistance before alcohol or drug

problems lead to performance problems.

1004.2 POLICY

It is the policy of this department to provide a drug- and alcohol-free workplace for all members.

1004.2 WORK RESTRICTIONS

If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that

could interfere with a safe and efficient job performance, the member may be required to obtain

clearance from his/her physician before continuing to work.

If the supervisor reasonably believes, based on objective facts, that a member is impaired by the

consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing

work and shall ensure that he/she is safely transported away from the Department.

1004.3 GENERAL GUIDELINES

Alcohol and drug use in the workplace or on department time can endanger the health and safety

of department members and the public.

Members who have consumed an amount of an alcoholic beverage or taken any medication, or

combination thereof, that would tend to adversely affect their mental or physical abilities shall not

report for duty. Affected members shall notify the Watch Commander or appropriate supervisor

as soon as the member is aware that he/she will not be able to report to work. If the member is

unable to make the notification, every effort should be made to have a representative contact the

supervisor in a timely manner. If the member is adversely affected while on-duty, he/she shall be

immediately removed and released from work (see Work Restrictions in this policy).

1004.3.1 USE OF MEDICATIONS

Members should not use any medications that will impair their ability to safely and completely

perform their duties. Any member who is medically required or has a need to take any such

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medication shall report that need to his/her immediate supervisor prior to commencing any on-

duty status.

1004.3.2 MEDICAL CANNABIS

Possession, use, or being under the influence of medical cannabis is prohibited and may lead to

disciplinary action.

1004.4 MEMBER RESPONSIBILITIES

Members shall report for work in an appropriate mental and physical condition. Members

are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using

controlled substances or alcohol on department premises or on department time (41 USC § 8103).

The lawful possession or use of prescribed medications or over-the-counter remedies is excluded

from this prohibition.

Members who are authorized to consume alcohol as part of a special assignment shall not do so

to the extent of impairing on-duty performance.

Members shall notify a supervisor immediately if they observe behavior or other evidence that they

believe demonstrates that a fellow member poses a risk to the health and safety of the member

or others due to drug or alcohol use.

Members are required to notify their immediate supervisors of any criminal drug statute conviction

for a violation occurring in the workplace no later than five days after such conviction (41 USC

§ 8103).

1004.8 REQUESTING SCREENING TESTS

A supervisor may require an employee to submit to a screening test under any of the following

circumstances:

(a) The supervisor reasonably believes, based upon objective facts, that the employee

is under the influence of alcohol or drugs that are impairing his/her ability to perform

duties safely and efficiently.

(b) The employee discharges a firearm, other than by accident, in the performance of his/

her duties (excluding training or authorized euthanizing of an animal).

in injury, death, or substantial property damage.

(d) The employee drives a motor vehicle in the performance of his/her duties and becomes

involved in an incident that results in bodily injury, death, or substantial damage to

property.

1004.8.1 SUPERVISOR RESPONSIBILITY

The supervisor shall prepare a written record documenting the specific facts that led to the decision

to require the test, and shall inform the employee in writing of the following:

(a) The test will be given to detect either alcohol or drugs, or both.

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(b) The result of the test is not admissible in any criminal proceeding against the

employee.

disciplinary action.

1004.8.2 DISCIPLINE

An employee may be subject to disciplinary action if he/she:

(a) Fails or refuses to submit to a screening test.

(b) After taking a screening test that indicates the presence of a controlled substance, fails

to provide proof, within 72 hours after being requested, that he/she took the controlled

substance as directed, pursuant to a current and lawful prescription issued in his/her

name.

1004.9 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT

No later than 30 days following notice of any drug statute conviction for a violation occurring in

the workplace involving a member, the Department will take appropriate disciplinary action, up to

and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse

assistance or rehabilitation program (41 USC § 8104).

1004.9 CONFIDENTIALITY

The Department recognizes the confidentiality and privacy due to its members. Disclosure of any

information relating to substance abuse treatment, except on a need-to-know basis, shall only be

with the express written consent of the member involved or pursuant to lawful process.

The written results of any screening tests and all documents generated by the employee

assistance program are considered confidential medical records and shall be maintained

separately from the employee’s other personnel files.

Policy

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Sick Leave

1005.1 PURPOSE AND SCOPE

This policy provides general guidance regarding the use and processing of sick leave. The accrual

and terms of use of sick leave for eligible employees are detailed in the City personnel manual.

This policy is not intended to cover all types of sick or other leaves. For example, employees may

be entitled to additional paid or unpaid leave for certain family and medical reasons as provided

for in the Family and Medical Leave Act (FMLA) (29 USC § 2601 et seq.).

1005.2 POLICY

It is the policy of the West Jordan Police Department to provide eligible employees with a sick

leave benefit.

1005.3 USE OF SICK LEAVE

Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.

Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.

Employees on sick leave shall not engage in other employment or self-employment or participate

in any sport, hobby, recreational activity or other activity that may impede recovery from the injury

or illness (see the Outside Employment Policy).

Qualified appointments should be scheduled during a member’s non-working hours when it is

reasonable to do so.

1005.3.1 NOTIFICATION

All members should notify the Watch Commander or appropriate supervisor as soon as they are

aware that they will not be able to report to work and no less than one hour before the start of their

scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every

effort should be made to have a representative for the member contact the supervisor.

When the necessity to be absent from work is foreseeable, such as planned medical appointments

or treatments, the member shall, whenever possible and practicable, provide the Department with

no less than 30 days' notice of the impending absence.

Upon return to work, members are responsible for ensuring their time off was appropriately

accounted for, and for completing and submitting the required documentation describing the type

of time off used and the specific amount of time taken.

1005.4 EXTENDED ABSENCE

Members absent from duty for more than three consecutive days may be required to furnish a

statement from a health care provider supporting the need to be absent and/or the ability to return

to work. Members on an extended absence shall, if possible, contact their supervisor at specified

intervals to provide an update on their absence and expected date of return.

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Nothing in this section precludes a supervisor from requiring, with cause, a health care provider’s

statement for an absence of three or fewer days.

1005.5 SUPERVISOR RESPONSIBILITIES

The responsibilities of supervisors include, but are not limited to:

(a) Monitoring and regularly reviewing the attendance of those under their command to

ensure that the use of sick leave and absences is consistent with this policy.

(b) Attempting to determine whether an absence of four or more days may qualify as

family medical leave and consulting with legal counsel or the Department of Human

Resources as appropriate.

when excessive or unusual use has:

1. Negatively affected the member’s performance or ability to complete assigned

duties.

2. Negatively affected department operations.

(d) When appropriate, counseling members regarding excessive absences and/or

inappropriate use of sick leave.

(e) Referring eligible members to an available employee assistance program when

appropriate.

Policy

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Communicable Diseases

1006.1 PURPOSE AND SCOPE

This policy provides general guidelines to assist in minimizing the risk of department members

contracting and/or spreading communicable diseases.

1006.1.1 DEFINITIONS

Definitions related to this policy include:

Communicable disease - A human disease caused by microorganisms that are present in

and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These

diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis.

Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with

blood or other potentially infectious materials, or when these substances are injected or infused

under the skin; when an individual is exposed to a person who has a disease that can be passed

through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area

that was occupied by such a person. Exposure only includes those instances that occur due to

a member’s position at the West Jordan Police Department. (See the exposure control plan for

further details to assist in identifying whether an exposure has occurred.)

1006.2 POLICY

The West Jordan Police Department is committed to providing a safe work environment for its

members. Members should be aware that they are ultimately responsible for their own health and

safety.

1006.3 EXPOSURE CONTROL OFFICER

The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall

develop an exposure control plan that includes:

(a) Exposure-prevention and decontamination procedures.

(b) Procedures for when and how to obtain medical attention in the event of an exposure

or suspected exposure.

personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket

masks) for each member’s position and risk of exposure.

(d) Evaluation of persons in custody for any exposure risk and measures to separate

them.

(e) Compliance with all relevant laws or regulations related to communicable diseases,

including:

(a) The mandates of the Utah Occupational Safety and Health Act (Utah Code

34A-6-102 et seq.; UAC R614-1-1 et seq.).

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(b) Reporting known or suspected cases of communicable diseases to the local

health department (Utah Code 26-6-6; UAC R386-702-4).

the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136).

(d) Exposure control mandates in 29 CFR 1910.1030 (UAC R614-1-4).

The ECO should also act as the liaison with the Utah Occupational Safety and Health Division

(UOSH) and may request voluntary compliance inspections. The ECO should annually review and

update the exposure control plan and review implementation of the plan.

1006.4 EXPOSURE PREVENTION AND MITIGATION

1006.4.1 GENERAL PRECAUTIONS

All members are expected to use good judgment and follow training and procedures related to

mitigating the risks associated with communicable disease. This includes, but is not limited to (29

CFR 1910.1030; UAC R614-1-4):

(a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized

equipment in the work area or department vehicles, as applicable.

(b) Wearing department-approved disposable gloves when contact with blood, other

potentially infectious materials, mucous membranes and non-intact skin can be

reasonably anticipated.

PPE.

(d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for

a communicable disease.

(e) Using an appropriate barrier device when providing CPR.

(f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne

transmissible disease.

(g) Decontaminating non-disposable equipment (e.g., flashlight, control devices, clothing

and portable radio) as soon as possible if the equipment is a potential source of

exposure.

1. Clothing that has been contaminated by blood or other potentially infectious

materials shall be removed immediately or as soon as feasible and stored/

decontaminated appropriately.

(h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors,

knives) cautiously and using puncture-resistant containers for their storage and/or

transportation.

(i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact

lenses where there is a reasonable likelihood of exposure.

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(j) Disposing of biohazardous waste appropriately or labeling biohazardous material

properly when it is stored.

1006.4.2 IMMUNIZATIONS

Members who could be exposed to HBV due to their positions may receive the HBV vaccine and

any routine booster at no cost (29 CFR 1910.1030; UAC R614-1-4).

Members shall also be screened for tuberculosis pursuant to the guidelines established by UOSH

(UAC R388-804).

1006.5 POST EXPOSURE

1006.5.1 INITIAL POST-EXPOSURE STEPS

Members who experience an exposure or suspected exposure shall (29 CFR 1910.1030; UAC

R614-1-4):

(a) Begin decontamination procedures immediately (e.g., wash hands and any other skin

with soap and water, flush mucous membranes with water).

(b) Obtain medical attention as appropriate.

1006.5.2 REPORTING REQUIREMENTS

The supervisor on-duty shall investigate every exposure or suspected exposure that occurs as

soon as possible following the incident. The supervisor shall ensure the following information is

documented (29 CFR 1910.1030; UAC R614-1-4):

(a) Name of the member exposed

(b) Date and time of the incident

(d) Potentially infectious materials involved and the source of exposure (e.g., identification

of the person who may have been the source)

(e) Work being done during exposure

(f) How the incident occurred or was caused

(g) PPE in use at the time of the incident

(h) Actions taken post-event (e.g., clean-up, notifications)

The supervisor shall advise the member that disclosing the identity and/or infectious status of

a source to the public or to anyone who is not involved in the follow-up process is prohibited.

The supervisor should complete the incident documentation in conjunction with other reporting

requirements that may apply (see the Occupational Disease and Work-Related Injury and Death

Reporting Policy).

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1006.5.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT

Department members shall have the opportunity to have a confidential medical evaluation

immediately after an exposure and follow-up evaluations as necessary (29 CFR 1910.1030; UAC

R614-1-4).

The ECO should request a written opinion/evaluation from the treating medical professional that

contains only the following information:

(a) Whether the member has been informed of the results of the evaluation.

(b) Whether the member has been notified of any medical conditions resulting from

exposure to blood or other potentially infectious materials which require further

evaluation or treatment.

No other information should be requested or accepted by the ECO.

1006.5.4 COUNSELING

The Department shall provide the member, and his/her family if necessary, the opportunity for

counseling and consultation regarding the exposure (29 CFR 1910.1030; UAC R614-1-4).

1006.5.5 SOURCE TESTING

Testing a person for communicable diseases when that person was the source of an exposure

should be done when it is desired by the exposed member or when it is otherwise appropriate.

Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of

the source, it is the responsibility of the exposed member’s supervisor to ensure testing is sought.

Source testing may be achieved by:

(a) Obtaining consent from the individual.

(b) Requesting testing through the local health department (Utah Code 26-6-4).

Since there is the potential for overlap between the different manners in which source testing may

occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate

testing.

The ECO should seek the consent of the individual for testing and consult the City Attorney to

discuss other options when no statute exists for compelling the source of an exposure to undergo

testing if he/she refuses.

1006.6 CONFIDENTIALITY OF REPORTS

Medical information shall remain in confidential files and shall not be disclosed to anyone without

the member’s written consent (except as required by law) (29 CFR 1910.1030; UAC R614-1-4;

Utah Code 26-6-27). Test results from persons who may have been the source of an exposure

are to be kept confidential as well.

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1006.7 TRAINING

All members shall participate in training regarding communicable diseases commensurate with

the requirements of their position. The training (29 CFR 1910.1030; UAC R614-1-4):

(a) Shall be provided at the time of initial assignment to tasks where an occupational

exposure may take place and at least annually after the initial training.

(b) Shall be provided whenever the member is assigned new tasks or procedures affecting

his/her potential exposure to communicable disease.

to avoid an exposure and what steps should be taken if a suspected exposure occurs.

Policy

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Smoking and Tobacco Use

1007.1 PURPOSE AND SCOPE

This policy establishes limitations on smoking and the use of tobacco products by members and

others while on-duty or while in West Jordan Police Department facilities or vehicles.

For the purposes of this policy, smoking and tobacco use includes, but is not limited to, any tobacco

product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco,

as well as any device intended to simulate smoking, such as an electronic cigarette or personal

vaporizer.

1007.2 POLICY

The West Jordan Police Department recognizes that tobacco use is a health risk and can be

offensive to others. Smoking and tobacco use also presents an unprofessional image for the

Department and its members. Therefore smoking and tobacco use is prohibited by members

and visitors in all department facilities, building and vehicles, and as is further outlined in this

policy (Utah Code 26-38-3).

1007.3 SMOKING AND TOBACCO USE

Smoking and tobacco use by members is prohibited anytime members are in public view

representing the West Jordan Police Department.

It shall be the responsibility of each member to ensure that no person under his/her supervision

smokes or uses any tobacco product inside City facilities, buildings and vehicles.

1007.4 ADDITIONAL PROHIBITIONS

No person shall smoke tobacco products within 25 feet of any entrance way, exit or operable

window of any public building (including any department facility), all enclosed indoor places of

public access, or in any buildings where restrictions on use of tobacco products are posted or

provided by other means, whether the person is present for training, enforcement or any other

purpose (UAC R392-510-9).

Policy

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Personnel Complaints

1008.1 PURPOSE AND SCOPE

This policy provides guidelines for the reporting, investigation and disposition of complaints

regarding the conduct of members of the West Jordan Police Department. This policy shall not

apply to any questioning, counseling, instruction, informal verbal admonishment or other routine

or unplanned contact of a member in the normal course of duty, by a supervisor or any other

member, nor shall this policy apply to a criminal investigation.

1008.2 POLICY

The West Jordan Police Department takes seriously all complaints regarding the service provided

by the Department and the conduct of its members.

The Department will accept and address all complaints of misconduct in accordance with this

policy and applicable federal, state and local law, municipal and county rules and the requirements

of any memorandum of understanding or collective bargaining agreement.

It is also the policy of this department to ensure that the community can report misconduct without

concern for reprisal or retaliation.

1008.3 PERSONNEL COMPLAINTS

Personnel complaints include any allegation of misconduct or improper job performance that, if

true, would constitute a violation of department policy or of federal, state or local law, policy or

rule. Personnel complaints may be generated internally or by the public.

Inquiries about conduct or performance that, if true, would not violate department policy or federal,

state or local law, policy or rule may be handled informally by a supervisor and shall not be

considered a personnel complaint. Such inquiries generally include clarification regarding policy,

procedures or the response to specific incidents by the Department.

1008.3.1 COMPLAINT CLASSIFICATIONS

Personnel complaints shall be classified in one of the following categories:

Informal - A matter in which the Watch Commander is satisfied that appropriate action has been

taken by a supervisor of rank greater than the accused member.

Formal - A matter in which a supervisor determines that further action is warranted. Such

complaints may be investigated by a supervisor of rank greater than the accused member

or referred to the Internal Affairs Unit, depending on the seriousness and complexity of the

investigation.

Incomplete - A matter in which the complaining party either refuses to cooperate or becomes

unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or

the Internal Affairs Unit, such matters may be further investigated depending on the seriousness

of the complaint and the availability of sufficient information.

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1008.3.2 SOURCES OF COMPLAINTS

The following applies to the source of complaints:

(a) Individuals from the public may make complaints in any form, including in writing, by

email, in person or by telephone.

(b) Any department member becoming aware of alleged misconduct shall immediately

notify a supervisor.

any source alleging misconduct that, if true, could result in disciplinary action.

(d) Anonymous and third-party complaints should be accepted and investigated to the

extent that sufficient information is provided.

(e) Tort claims and lawsuits may generate a personnel complaint.

1008.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS

1008.4.1 COMPLAINT FORMS

Personnel complaint forms will be maintained in a clearly visible location in the public area of the

police facility and be accessible through the department website. Forms may also be available

at other City facilities.

Personnel complaint forms in languages other than English may also be provided, as determined

necessary or practicable.

1008.4.2 ACCEPTANCE

All complaints will be courteously accepted by any department member and promptly given to

the appropriate supervisor. Although written complaints are preferred, a complaint may also be

filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If

a supervisor is not immediately available to take an oral complaint, the receiving member shall

obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,

upon contact with the complainant, shall complete and submit a complaint form as appropriate.

Although not required, complainants should be encouraged to file complaints in person so that

proper identification, signatures, photographs or physical evidence may be obtained as necessary.

1008.5 DOCUMENTATION

Supervisors shall ensure that all formal and informal complaints are documented on a complaint

form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.

All complaints and inquiries should also be documented in a log that records and tracks complaints.

The log shall include the nature of the complaint and the actions taken to address the complaint.

On an annual basis, the Department should audit the log and send an audit report to the Chief

of Police or the authorized designee.

1008.6 ADMINISTRATIVE INVESTIGATIONS

Allegations of misconduct will be administratively investigated as follows.

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1008.6.1 SUPERVISOR RESPONSIBILITIES

In general, the primary responsibility for the investigation of a personnel complaint shall rest with

the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor

is the ultimate decision-maker regarding disciplinary action or has any personal involvement

regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that

another supervisor investigate any complaint.

A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent

aggravation of the situation.

The Chief of Police or any other supervisor who is made aware of an allegation against a certified

peace officer or dispatcher employed by the West Jordan Police Department shall conduct an

administrative or internal investigation and report substantiated allegations to the Division of Peace

Officer Standards and Training (POST) within 90 days (Utah Code 53-6-211; Utah Code 53-6-309;

UAC R728-409-18).

If an officer or dispatcher who is the subject of the investigation resigns, retires, or otherwise

separates from the agency before the conclusion of the investigation, the Chief of Police shall

report the allegations and any investigation results to POST (Utah Code 53-6-211; Utah Code

53-6-309).

The Chief of Police shall notify POST within 30 days of the termination of an officer occurring

during an open internal investigation for an alleged violation of Utah Code 53-6-211(1).

If the West Jordan Police Department receives credible allegations and opens an internal

investigation within two years of the termination of an officer, the Chief of Police shall provide

notice of the investigation to POST and an estimated date of completion within 30 days. If the

allegations involve violations of Utah Code 53-6-211(1), whether or not they result in an internal

investigation, the Chief of Police shall notify POST (Utah Code 53-6-209).

The responsibilities of supervisors include but are not limited to:

(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is

completed.

1. The original complaint form will be directed to the Watch Commander of the

accused member, via the chain of command, who will take appropriate action

and/or determine who will have responsibility for the investigation.

2. In circumstances where the integrity of the investigation could be jeopardized by

reducing the complaint to writing or where the confidentiality of a complainant

is at issue, a supervisor shall orally report the matter to the member's Division

Chief or the Chief of Police, who will initiate appropriate action.

(b) Responding to all complainants in a courteous and professional manner.

1. Follow-up contact with the complainant should be made within 24 hours of the

Department receiving the complaint.

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2. If the matter is resolved and no further action is required, the supervisor will

note the resolution on a complaint form and forward the form to the Watch

Commander.

(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious

nature, the Watch Commander and Chief of Police are notified via the chain of

command as soon as practicable.

(e) Promptly contacting the Department of Human Resources and the Watch Commander

for direction regarding the supervisor's role in addressing a complaint that relates to

sexual, racial, ethnic, or other forms of prohibited harassment or discrimination.

(f) Forwarding unresolved personnel complaints to the Watch Commander, who will

determine whether to contact the complainant or assign the complaint for investigation.

(g) Informing the complainant of the investigator’s name and the complaint number within

three days after assignment.

(h) Investigating a complaint as follows:

1. Making reasonable efforts to obtain names, addresses, and telephone numbers

of witnesses.

2. When appropriate, ensuring immediate medical attention is provided and

photographs of alleged injuries and accessible uninjured areas are taken.

(i) Ensuring that the procedural rights of the accused member are followed.

(j) Ensuring interviews of the complainant are generally conducted during reasonable

hours.

1008.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES

Whether conducted by a supervisor or a member of the Internal Affairs Unit, the following applies

to employees:

(a) Interviews of an accused employee shall be conducted during reasonable hours and

preferably when the employee is on-duty. If the employee is off-duty, he/she shall be

compensated.

(b) Unless waived by the employee, interviews of an accused employee shall be at the

West Jordan Police Department or other reasonable and appropriate place.

(d) Prior to any interview, an employee should be informed of the nature of the

investigation.

(e) All interviews should be for a reasonable period and the employee's personal needs

should be accommodated.

(f) No employee should be subjected to offensive or threatening language, nor shall any

promises, rewards or other inducements be used to obtain answers.

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(g) Any employee refusing to answer questions directly related to the investigation may

be ordered to answer questions administratively and may be subject to discipline for

failing to do so.

1. An employee should be given an order to answer questions in an administrative

investigation that might incriminate the member in a criminal matter only after

the employee has been given a Garrity advisement and after the investigator

has consulted with the prosecuting agency. Administrative investigators should

consider the impact that compelling a statement from the employee may have

on any related criminal investigation and should take reasonable steps to avoid

creating any foreseeable conflicts between the two related investigations. This

may include conferring with the person in charge of the criminal investigation

(e.g., discussion of processes, timing, implications).

2. No information or evidence administratively coerced from an employee may be

provided to anyone involved in conducting the criminal investigation or to any

prosecutor.

(h) The interviewer should record all interviews of employees and witnesses. The

employee may also record the interview. If the employee has been previously

interviewed, a copy of that recorded interview shall be provided to the employee prior

to any subsequent interview.

(i) All employees subjected to interviews that could result in discipline have the right to

have an uninvolved representative present during the interview. However, in order

to maintain the integrity of each individual’s statement, involved employees shall not

consult or meet with a representative or attorney collectively or in groups prior to being

interviewed.

(j) All employees shall provide complete and truthful responses to questions posed during

interviews.

(k) No employee may be compelled to submit to a polygraph examination, nor shall any

refusal to submit to such examination be mentioned in any investigation.

1008.6.3 ADMINISTRATIVE INVESTIGATION FORMAT

Formal investigations of personnel complaints shall be thorough, complete and essentially follow

this format:

Introduction - Include the identity of the members, the identity of the assigned investigators, the

initial date and source of the complaint.

Synopsis - Provide a brief summary of the facts giving rise to the investigation.

Summary - List the allegations separately, including applicable policy sections, with a brief

summary of the evidence relevant to each allegation. A separate recommended finding should

be provided for each allegation.

Evidence - Each allegation should be set forth with the details of the evidence applicable to each

allegation provided, including comprehensive summaries of member and witness statements.

Other evidence related to each allegation should also be detailed in this section.

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Conclusion - A recommendation regarding further action or disposition should be provided.

Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached

to the report.

1008.6.4 DISPOSITIONS

Each personnel complaint shall be classified with one of the following dispositions:

Unfounded - When the investigation discloses that the alleged acts did not occur or did not

involve department members. Complaints that are determined to be frivolous will fall within the

classification of unfounded.

Exonerated - When the investigation discloses that the alleged act occurred but that the act was

justified, lawful and/or proper.

Not sustained - When the investigation discloses that there is insufficient evidence to sustain the

complaint or fully exonerate the member.

Sustained - When the investigation discloses sufficient evidence to establish that the act occurred

and that it constituted misconduct.

If an investigation discloses misconduct or improper job performance that was not alleged in

the original complaint, the investigator shall take appropriate action with regard to any additional

allegations.

1008.6.5 COMPLETION OF INVESTIGATIONS

Every investigator or supervisor assigned to investigate a personnel complaint or other alleged

misconduct shall proceed with due diligence in an effort to complete the investigation within one

year from the date of discovery by an individual authorized to initiate an investigation.

1008.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS

The member conducting the investigation should provide the complainant with periodic updates

on the status of the investigation, as appropriate.

1008.7 ADMINISTRATIVE SEARCHES

Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be

searched as part of an administrative investigation upon a reasonable suspicion of misconduct.

Such areas may also be searched any time by a supervisor for non-investigative purposes, such

as obtaining a needed report, radio or other document or equipment.

1008.8 ADMINISTRATIVE LEAVE

When a complaint of misconduct is of a serious nature, or when circumstances indicate that

allowing the accused to continue to work would adversely affect the mission of the Department,

the Chief of Police or the authorized designee may temporarily assign an accused employee to

administrative leave. Any employee placed on administrative leave:

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(a) May be required to relinquish any department badge, identification, assigned weapons

and any other department equipment.

(b) Shall be required to continue to comply with all policies and lawful orders of a

supervisor.

shift, during the investigation. The employee may be required to remain available for

contact at all times during such shift, and will report as ordered.

1008.9 CRIMINAL INVESTIGATION

Where a member is accused of potential criminal conduct, a separate supervisor or investigator

shall be assigned to investigate the criminal allegations apart from any administrative investigation.

Any separate administrative investigation may parallel a criminal investigation.

The Chief of Police shall be notified as soon as practicable when a member is accused of criminal

conduct. The Chief of Police may request a criminal investigation by an outside law enforcement

agency.

A member accused of criminal conduct shall be provided with all rights afforded to a civilian.

The member should not be administratively ordered to provide any information in the criminal

investigation.

The West Jordan Police Department may release information concerning the arrest or detention

of any member, including an officer, that has not led to a conviction. No disciplinary action should

be taken until an independent administrative investigation is conducted.

1008.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES

Upon completion of a formal investigation, an investigation report should be forwarded to the Chief

of Police through the chain of command. Each level of command should review the report and

include their comments in writing before forwarding the report. The Chief of Police may accept or

modify any classification or recommendation for disciplinary action.

1008.10.1 DIVISION CHIEF RESPONSIBILITIES

Upon receipt of any completed personnel investigation, the Division Chief of the involved member

shall review the entire investigative file, the member's personnel file and any other relevant

materials.

The Division Chief may make recommendations regarding the disposition of any allegations and

the amount of discipline, if any, to be imposed.

Prior to forwarding recommendations to the Chief of Police, the Division Chief may return the

entire investigation to the assigned investigator or supervisor for further investigation or action.

When forwarding any written recommendation to the Chief of Police, the Division Chief shall

include all relevant materials supporting the recommendation. Actual copies of a member's

existing personnel file need not be provided and may be incorporated by reference.

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1008.10.2 CHIEF OF POLICE RESPONSIBILITIES

Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall

review the recommendation and all accompanying materials. The Chief of Police may modify any

recommendation and/or may return the file to the Division Chief for further investigation or action.

Once the Chief of Police is satisfied that no further investigation or action is required by staff, the

Chief of Police shall determine the amount of discipline, if any that should be imposed. In the

event disciplinary action is proposed, the Chief of Police shall provide the member with a written

notice and the following:

(a) Access to all of the materials considered by the Chief of Police in recommending the

proposed discipline.

(b) An opportunity to respond orally or in writing to the Chief of Police within five days of

receiving the notice.

1. Upon a showing of good cause by the member, the Chief of Police may grant a

reasonable extension of time for the member to respond.

2. If the member elects to respond orally, the presentation shall be recorded by

the Department. Upon request, the member shall be provided with a copy of the

recording.

Once the member has completed his/her response or if the member has elected to waive any such

response, the Chief of Police shall consider all information received in regard to the recommended

discipline. The Chief of Police shall render a timely written decision to the member and specify

the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of

Police has issued a written decision, the discipline shall become effective.

1008.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT

The Chief of Police or the authorized designee should ensure that the complainant is notified of

the disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint.

1008.11 PRE-DISCIPLINE EMPLOYEE RESPONSE

The pre-discipline process is intended to provide the accused employee with an opportunity to

present a written or oral response to the Chief of Police after having had an opportunity to review

the supporting materials and prior to imposition of any recommended discipline. The employee

shall consider the following:

(a) The response is not intended to be an adversarial or formal hearing.

(b) Although the employee may be represented by an uninvolved representative or legal

counsel, the response is not designed to accommodate the presentation of testimony

or witnesses.

employee may offer any additional information or mitigating factors for the Chief of

Police to consider.

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(d) In the event that the Chief of Police elects to conduct further investigation, the

employee shall be provided with the results prior to the imposition of any discipline.

(e) The employee may thereafter have the opportunity to further respond orally or in

writing to the Chief of Police on the limited issues of information raised in any

subsequent materials.

1008.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE

In the event that a member tenders a written resignation or notice of retirement prior to the

imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by

itself shall not serve as grounds for the termination of any pending investigation or discipline.

1008.13 POST-DISCIPLINE APPEAL RIGHTS

An employee discharged or suspended without pay for more than three days or 24 working hours

may, within five days from the issuance by the Chief of Police of the order of suspension or

discharge, appeal to the Civil Service Commission (Utah Code 10-3-1012; Utah Code 10-3-912).

The employee may appear in person and may have counsel and a public hearing. The findings

and decision of the Civil Service Commission shall be final and immediately enforced by the Chief

of Police.

Any final action or order of the Civil Service Commission may be appealed to the Court of Appeals

within 30 days of the issuance of the final action or order of the Civil Service Commission (Utah

Code 10-3-1012.5).

1008.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS

At-will and probationary employees and members other than non-probationary employees may

be disciplined and/or released from employment without adherence to any of the procedures set

out in this policy, and without notice or cause at any time. These individuals are not entitled to

any rights under this policy. However, any of these individuals released for misconduct should be

afforded an opportunity solely to clear their names through a liberty interest hearing, which shall

be limited to a single appearance before the Chief of Police or the authorized designee.

Any probationary period may be extended at the discretion of the Chief of Police in cases where the

individual has been absent for more than a week or when additional time to review the individual

is considered to be appropriate.

1008.15 RETENTION OF PERSONNEL INVESTIGATION FILES

All personnel complaints shall be maintained in accordance with the established records retention

schedule and as described in the Personnel Records Policy.

Policy

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Seat Belts

1009.1 PURPOSE AND SCOPE

This policy establishes guidelines for the use of seat belts and child restraints. This policy will

apply to all members operating or riding in department vehicles.

1009.1.1 DEFINITIONS

Definitions related to this policy include:

Child restraint system - An infant or child passenger restraint system that meets Federal Motor

Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213 (Utah Code

41-6a-1601).

1009.2 POLICY

It is the policy of the West Jordan Police Department that members use safety and child restraint

systems to reduce the possibility of death or injury in a motor vehicle collision.

1009.3 WEARING OF SAFETY RESTRAINTS

All members shall wear properly adjusted safety restraints when operating or riding in a seat

equipped with restraints, in any vehicle owned, leased or rented by this department, while on-

or off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle

shall ensure that all other occupants, including non-members of the Department, are properly

restrained (Utah Code 41-6a-1803).

Exceptions to the requirement to wear safety restraints may be made only in exceptional situations

where, due to unusual circumstances, wearing a seat belt would endanger the department

member or the public. Members must be prepared to justify any deviation from this requirement.

1009.4 TRANSPORTING CHILDREN

A child younger than 8 years of age shall be secured using a child restraint system in the manner

prescribed by the manufacturer of the system unless an exemption exists due to the child’s height

(Utah Code 41-6a-1803).

Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires

careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by

law, children and any child restraint system may be secured in the front seat of such vehicles

provided this positioning meets federal safety standards and the vehicle and child restraint system

manufacturer’s design and use recommendations. In the event that a child is transported in the

front seat of a vehicle, the seat should be pushed back as far as possible and the passenger-

side airbag should be deactivated. If this is not possible, members should arrange alternate

transportation when feasible.

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1009.5 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES

Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of

any department vehicle with a prisoner restraint system or, when a prisoner restraint system is

not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system

is not intended to be a substitute for handcuffs or other appendage restraints.

Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints

Policy.

1009.6 INOPERABLE SEAT BELTS

Department vehicles shall not be operated when the seat belt in the driver's position is inoperable.

Persons shall not be transported in a seat in which the seat belt is inoperable.

Department vehicle seat belts shall not be modified, removed, deactivated or altered in any

way, except by the vehicle maintenance and repair staff, who shall do so only with the express

authorization of the Chief of Police.

Members who discover an inoperable restraint system shall report the defect to the appropriate

supervisor. Prompt action will be taken to replace or repair the system.

1009.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS

Vehicles manufactured and certified for use without seat belts or other restraint systems are

subject to the manufacturer’s operator requirements for safe use.

1009.8 VEHICLE AIRBAGS

In all vehicles equipped with airbag restraint systems, the system will not be tampered with or

deactivated, except when transporting children as written elsewhere in this policy. All equipment

installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer

specifications to avoid the danger of interfering with the effective deployment of the airbag device.

Policy

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Body Armor

1010.1 PURPOSE AND SCOPE

The purpose of this policy is to provide law enforcement officers with guidelines for the proper

use of body armor.

1010.2 POLICY

It is the policy of the West Jordan Police Department to maximize officer safety through the use

of body armor in combination with prescribed safety procedures. While body armor provides a

significant level of protection, it is not a substitute for the observance of officer safety procedures.

1010.3 ISSUANCE OF BODY ARMOR

The Administration supervisor shall ensure that body armor is issued to all officers when the officer

begins service at the West Jordan Police Department and that, when issued, the body armor

meets or exceeds the standards of the National Institute of Justice.

The Administration supervisor shall establish a body armor replacement schedule and ensure that

replacement body armor is issued pursuant to the schedule or whenever the body armor becomes

worn or damaged to the point that its effectiveness or functionality has been compromised.

1010.3.1 USE OF SOFT BODY ARMOR

Generally, the use of body armor is required subject to the following:

(a) Officers shall only wear agency-approved body armor.

(b) Officers shall wear body armor anytime they are in a situation where they could

reasonably be expected to take enforcement action.

in an administrative or support capacity and could not reasonably be expected to take

enforcement action.

(d) An officer may be excused from wearing body armor when he/she is involved

in undercover or plainclothes work that his/her supervisor determines could be

compromised by wearing body armor, or when a supervisor determines that other

circumstances make it inappropriate to mandate wearing body armor.

1010.3.2 CARE AND MAINTENANCE OF SOFT BODY ARMOR

Soft body armor should be cared for and cleaned pursuant to the manufacturer’s care instructions

provided with the soft body armor. The instructions can be found on labels located on the external

surface of each ballistic panel. The carrier should also have a label that contains care instructions.

Failure to follow these instructions may damage the ballistic performance capabilities of the armor.

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If care instructions for the soft body armor cannot be located, contact the manufacturer to request

care instructions.

Soft body armor should not be exposed to any cleaning agents or methods not specifically

recommended by the manufacturer, as noted on the armor panel label.

1010.3.3 INSPECTIONS OF BODY ARMOR

Supervisors should ensure that body armor is worn and maintained in accordance with this policy

through routine observation and periodic documented inspections. Annual inspections of body

armor should be conducted by an authorized designee for fit, cleanliness and signs of damage,

abuse and wear.

Policy

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Personnel Records

1011.1 PURPOSE AND SCOPE

This policy governs maintenance and access to personnel records. Personnel records include any

file maintained under an individual member's name.

1011.2 POLICY

It is the policy of this department to maintain personnel records and preserve the confidentiality

of personnel records pursuant to the Constitution and the laws of Utah (Utah Code 63G-2-302

et seq.).

1011.3 DEPARTMENT FILE

The department file shall be maintained as a record of a person's employment/appointment with

this department. The department file should contain, at a minimum:

(a)

Personal data, including photographs, marital status, names of family members,

educational and employment history or similar information. A photograph of the

member should be permanently retained.

(b)

Election of employee benefits.

(c)

Personnel action reports reflecting assignments, promotions and other changes in

employment/appointment status. These should be permanently retained.

(d) Original performance evaluations. These should be permanently maintained.

(e)

Discipline records, including copies of sustained personnel complaints.

(f) Adverse comments such as supervisor notes or memos may be retained in the

department file after the member has had the opportunity to read and initial the

comment.

1. Once a member has had an opportunity to read and initial any adverse

comment, the member shall be given the opportunity to respond in writing to the

adverse comment.

2. Any member response shall be attached to and retained with the original adverse

comment.

3. If a member refuses to initial or sign an adverse comment, at least one supervisor

should note the date and time of such refusal on the original comment. Such a

refusal, however, shall not be deemed insubordination, nor shall it prohibit the

entry of the adverse comment into the member's file.

(g) Commendations and awards.

(h)

Any other information, the disclosure of which would constitute an unwarranted

invasion of personal privacy.

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1011.4 DIVISION FILE

Division files may be separately maintained internally by a member's supervisor for the purpose of

completing timely performance evaluations. The Division file may contain supervisor comments,

notes, notices to correct and other materials that are intended to serve as a foundation for the

completion of timely performance evaluations.

1011.5 TRAINING FILE

An individual training file shall be maintained by the Training Sergeant for each member. Training

files will contain records of all training; original or photocopies of available certificates, transcripts,

diplomas and other documentation; and education and firearms qualifications. Training records

may also be created and stored remotely, either manually or automatically (e.g., Daily Training

Bulletin (DTB) records).

(a) The involved member is responsible for providing the Training Sergeant or immediate

supervisor with evidence of completed training/education in a timely manner.

(b) The Training Sergeant or supervisor shall ensure that copies of such training records

are placed in the member’s training file.

1011.6 INTERNAL AFFAIRS FILE

Internal affairs files shall be maintained under the exclusive control of the Internal Affairs Unit in

conjunction with the office of the Chief of Police. Access to these files may only be approved by

the Chief of Police or the Internal Affairs Unit supervisor.

These files shall contain the complete investigation of all formal complaints of member misconduct,

regardless of disposition. Investigations of complaints that result in the following findings shall not

be placed in the member's department file but will be maintained in the internal affairs file:

(a) Not sustained

(b) Unfounded

1011.7 MEDICAL FILE

A medical file shall be maintained separately from all other personnel records and shall contain

all documents relating to the member’s medical condition and history, including but not limited to:

(a) Materials relating to a medical leave of absence, including leave under the Family and

Medical Leave Act (FMLA).

(b) Documents relating to workers’ compensation claims or the receipt of short- or long-

term disability benefits.

inquiries and related documents.

(d) Medical release forms, doctor’s slips and attendance records that reveal a member’s

medical condition.

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(e) Any other documents or materials that reveal the member’s medical history or

medical condition, including past, present or future anticipated mental, psychological

or physical limitations.

1011.8 SECURITY

Personnel records should be maintained in a secured location and locked either in a cabinet

or access-controlled room. Personnel records maintained in an electronic format should have

adequate password protection.

Personnel records are subject to disclosure only as provided in this policy, the Records

Maintenance and Release Policy or according to applicable discovery procedures.

Nothing in this policy is intended to preclude review of personnel records by the City

Administrator, City Attorney or other attorneys or representatives of the City in connection with

official business.

1011.8.1 REQUESTS FOR DISCLOSURE

Any member receiving a request for a personnel record shall promptly notify the Records Officer

or other person charged with the maintenance of such records.

Upon receipt of any such request, the responsible person shall notify the affected member as

soon as practicable that such a request has been made.

The responsible person shall further ensure that an appropriate response to the request is made

in a timely manner, consistent with applicable law. In many cases, this may require assistance

of available legal counsel.

All requests for disclosure that result in access to a member’s personnel records shall be logged

in the corresponding file.

1011.8.2 RELEASE OF PERSONNEL INFORMATION

Information such as the member’s medical information, or the home address, telephone number

and Social Security number of the member or of the member’s family, that is contained in a

personnel record is confidential and may not be released (Utah Code 63G-2-302; Utah Code

63G-2-303; Utah Code 63G-2-304).

The Department may release any factual information concerning a disciplinary investigation if the

member who is the subject of the investigation (or the member's representative) publicly makes

a statement that is published in the media and that the member (or representative) knows to be

false. The disclosure of such information, if any, shall be limited to facts that refute any such false

statement.

1011.9 MEMBER ACCESS TO HIS/HER OWN PERSONNEL RECORDS

Any member may request access to his/her own personnel records during the normal business

hours of those responsible for maintaining such files. Any member seeking the removal of any

item from his/her personnel records shall file a written request to the Chief of Police through the

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chain of command. The Department shall remove any such item if appropriate, or within 30 days

provide the member with a written explanation of why the contested item will not be removed. If

the contested item is not removed from the file, the member’s request and the written response

from the Department shall be retained with the contested item in the member’s corresponding

personnel record.

Members may be restricted from accessing files containing any of the following information:

(a) An ongoing internal affairs investigation to the extent that it could jeopardize or

compromise the investigation pending final disposition or notice to the member of the

intent to discipline.

(b) Confidential portions of internal affairs files that have not been sustained against the

member.

(d) Letters of reference concerning employment/appointment, licensing or issuance of

permits regarding the member.

(e) Any portion of a test document, except the cumulative total test score for either a

section of the test document or for the entire test document.

(f) Materials used by the Department for staff management planning, including judgments

or recommendations concerning future salary increases and other wage treatments,

management bonus plans, promotions and job assignments or other comments or

ratings used for department planning purposes.

(g) Information of a personal nature about a person other than the member if disclosure of

the information would constitute a clearly unwarranted invasion of the other person's

privacy.

(h) Records relevant to any other pending claim between the Department and the member

that may be discovered in a judicial proceeding.

1011.9 RETENTION AND PURGING

Unless provided otherwise in this policy, personnel records shall be maintained in accordance

with the established records retention schedule.

(a) During the preparation of each member’s performance evaluation, all personnel

complaints and disciplinary actions should be reviewed to determine the relevancy,

if any, to progressive discipline, training and career development. Each supervisor

responsible for completing the member's performance evaluation should determine

whether any prior sustained disciplinary file should be retained beyond the required

period for reasons other than pending litigation or other ongoing legal proceedings.

(b) If a supervisor determines that records of prior discipline should be retained beyond

the required period, approval for such retention should be obtained through the chain

of command from the Chief of Police.

maintained beyond the required retention period is no longer relevant, all records of

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such matter may be destroyed in accordance with the established records retention

schedule.

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Request for Change of Assignment

1012.1 PURPOSE AND SCOPE

It is the policy of the Department that all requests for change of assignment are considered

equally. To facilitate the selection process, the following procedure is established whereby all such

requests will be reviewed on an equal basis as assignments are made.

1012.2 REQUEST FOR CHANGE OF ASSIGNMENT

Personnel wishing a change of assignment are to complete a Request for Change of Assignment

Memorandum. The memorandum should then be forwarded through the chain of command to the

Administration Deputy Chief or their designee.

1012.2.1 PURPOSE OF FORM

The memorandum is designed to aid employees in listing their qualifications for specific

assignments. All relevant experience, education and training should be included.All assignments

an employee is interested in should be listed.

The Request for Change of Assignment Memorandumwill remain in effect until the end of the

calendar year in which it was submitted. Effective January 1 of each year, employees who are

still interested in new positions will need to complete and submit a new Request for Change of

Assignment Form.

1012.3 SUPERVISOR'S COMMENTARY

The Administration Deputy Chief will maintain a list of officers interested in specialty positions.

Command staff will review this list and make recommendations to the Chief of Police.

Policy

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Commendations and Awards

1013.1 PURPOSE AND SCOPE

This policy provides general guidelines for recognizing commendable or meritorious acts of

members of the West Jordan Police Department and individuals from the community.

1013.2 POLICY

It is the policy of the West Jordan Police Department to recognize and acknowledge exceptional

individual or group achievements, performance, proficiency, heroism and service of its members

and individuals from the community through commendations and awards.

1013.3 COMMENDATIONS

Commendations for members of the Department or for individuals from the community may be

initiated by any department member or by any person from the community.

1013.4 CRITERIA

A meritorious or commendable act may include, but is not limited to:

•

Superior handling of a difficult situation.

•

Conspicuous bravery or outstanding performance.

•

Any action or performance that is above and beyond typical duties.

1013.4.1 DEPARTMENT MEMBER DOCUMENTATION

Members of the Department should document meritorious or commendable acts. The

documentation should contain:

(a) Identifying information:

1. For members of the Department - name, division and assignment at the date

and time of the meritorious or commendable act

2. For individuals from the community - name, address, telephone number

(b) A brief account of the meritorious or commendable act with report numbers, as

appropriate.

1013.4.2 COMMUNITY MEMBER DOCUMENTATION

Documentation of a meritorious or commendable act submitted by a person from the community

should be accepted in any form. However, written documentation is preferred. Department

members accepting the documentation should attempt to obtain detailed information regarding

the matter, including:

(a) Identifying information:

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1. For members of the Department - name, division and assignment at the date

and time of the meritorious or commendable act

2. For individuals from the community - name, address, telephone number

(b) A brief account of the meritorious or commendable act with report numbers, as

appropriate.

1013.4.3 PROCESSING DOCUMENTATION

Documentation regarding the meritorious or commendable act of a member of the Department

should be forwarded to the appropriate Division Chief for his/her review. The Division Chief should

sign and forward the documentation to the Chief of Police for his/her review.

The Chief of Police or the authorized designee will present the commendation to the department

member for his/her signature. The documentation will then be returned to the Administration

secretary for entry into the member’s personnel file.

Documentation regarding the meritorious or commendable act of an individual from the community

should be forwarded to the Administration Division Chief. The documentation will be signed by

the Division Chief and forwarded to the Chief of Police for his/her review. An appropriate venue

or ceremony to acknowledge the individual’s actions should be arranged. Documentation of the

commendation shall be maintained in a file designated for such records.

1013.5 AWARDS

Awards may be bestowed upon members of the Department and individuals from the community.

These awards include:

•

Award of Merit.

•

Award of Valor.

•

Lifesaving Award.

•

Meritorious Conduct.

Criteria for each award and the selection, presentation and display of any award are determined

by the Chief of Police.

Policy

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Fitness for Duty

1014.1 PURPOSE AND SCOPE

All officers are required to be free from any physical, emotional, or mental condition which might

adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that

all officers of the Department remain fit for duty and able to perform the job functions.

1014.2 EMPLOYEE RESPONSIBILITIES

(a) It shall be the responsibility of each employee of the Department to maintain good

physical condition sufficient to safely and properly perform essential duties of their

position.

(b) Each employee of the Department shall perform his/her respective duties without

physical, emotional and/or mental constraints.

performing assigned responsibilities.

(d) Any employee who feels unable to perform his/her duties shall promptly notify a

supervisor. In the event that an employee believes that another employee is unable

to perform his/her duties, such observations and/or belief shall be promptly reported

to a supervisor.

1014.3 SUPERVISOR RESPONSIBILITIES

(a)

A supervisor observing an employee or receiving a report of an employee who is

perceived to be unable to safely perform his/her duties due to a physical or mental

condition shall take prompt and appropriate action in an effort to resolve the situation.

(b)

Whenever feasible, the supervisor should attempt to ascertain the reason or source

of the problem, and in all cases a preliminary evaluation should be made in an effort

to determine the level of inability of the employee to perform his/her duties.

(c)

In the event the employee appears to be in need of immediate medical or psychiatric

treatment, all reasonable efforts should be made to provide such care.

(d)

In conjunction with the Watch Commander or employee’s available Division Chief, a

determination should be made whether the employee should be temporarily relieved

from his/her duties.

(e)

The Chief of Police and any other supervisor who is made aware that an officer may

have a physical or mental disability affecting the officer's ability to perform his/her

duties shall investigate the allegation (Utah Code 53-6-211).

(f)

The Chief of Police or a designee shall ensure that any allegation that an officer has

a physical or mental disability affecting the officer's ability to perform his/her duties is

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reported to Utah Peace Officer Standards and Training (POST) within 90 days if the

allegation is found to be true (UAC R728-409-18). This applies even in those instances

where an employee resigns or is terminated (Utah Code 53-6-211).

(g)

The Chief of Police shall be promptly notified in the event that any employee is relieved

from duty.

1014.4 NON-WORK-RELATED CONDITIONS

Any employee suffering from a non-work-related condition which warrants a temporary relief from

duty may be required to use sick leave or other paid time off (PTO) in order to obtain medical

treatment or other care.

1014.5 WORK-RELATED CONDITIONS

Any employee suffering from a work-related condition which warrants a temporary relief from duty

shall be required to comply with personnel rules and guidelines for processing such claims.

Upon the recommendation of the Watch Commander or unit supervisor and concurrence of a

Division Chief, any employee whose actions or use of force in an official capacity result in death

or serious injury to another may be temporarily removed from regularly assigned duties and/or

placed on paid administrative leave for the well being of the employee and until such time as the

following may be completed:

(a) A preliminary determination that the employee's conduct appears to be in compliance

with related policies.

(b) The employee has had the opportunity to receive necessary counseling and/or

psychological clearance to return to full duty.

1014.6 FITNESS FOR DUTY EVALUATIONS

Fitness for duty medical evaluations may be performed under any of the following circumstances:

(a) Return to work from injury or illness.

(b) When a supervisor determines there is a direct threat to the health or safety of the

employee or others.

(d) When it is a bona fide occupational qualification for selection, retention or promotion.

1014.7 LIMITATION ON HOURS WORKED

Absent emergency operations, members should not work more than:

•

16 hours in one day (24-hour) period or

•

30 hours in any 2 day (48-hour) period or

•

84 hours in any 7 day (168-hour) period

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Except in very limited circumstances members should have a minimum of 8 hours off between

shifts. Supervisors should give consideration to reasonable rest periods and are authorized to

deny overtime or relieve to off-duty status any employee who has exceeded the above guidelines.

Limitations on the number of hours worked apply to shift changes, shift trades, rotation,

holdover, training, general overtime, combination of on-duty and off-duty work and any other work

assignments.

1014.8 APPEALS

An employee who is separated from paid employment or receives a reduction in salary resulting

from a fitness for duty exam shall be entitled to an administrative appeal as outlined in the

Personnel Complaints Policy.

Policy

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Meal Periods and Breaks

1015.1 PURPOSE AND SCOPE

This policy regarding meals and breaks, insofar as possible, shall conform to the policy governing

all City employees that has been established by the City Administrator.

1015.1.1 MEAL PERIODS

Sworn employees and dispatchers shall remain on-duty subject to call during meal breaks. All

other employees are not on-call during meal breaks unless directed otherwise by a supervisor.

Uniformed patrol and traffic officers shall request clearance from Dispatch prior to taking a meal

period. Uniformed officers shall take their breaks within the City limits unless on assignment

outside of the City or with the approval of a supervisor.

The time spent for the meal period shall not exceed the authorized time allowed.

1015.1.2 BREAKS

Each employee is entitled to a 15-minute break, near the mid-point, for each four-hour work period

(UAC R477-8-3). Only one 15-minute break shall be taken during each 4-hours of duty. No breaks

shall be taken during the first or last hour of an employee’s shift unless approved by a supervisor.

Employees normally assigned to the police facility shall remain in the police facility for their breaks.

This would not prohibit them from taking a break outside the facility if on official business.

Field officers will take their breaks in their assigned areas, subject to call, and shall monitor their

radios. When field officers take their breaks away from their vehicles, they shall do so only with

the knowledge and clearance of Dispatch.

Policy

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Lactation Breaks

1016.1 PURPOSE AND SCOPE

The purpose of this policy is to provide reasonable accommodations to employees desiring to

express breast milk for the employee’s infant child.

1016.2 POLICY

It is the policy of this department to provide, in compliance with the Fair Labor Standards Act,

reasonable break time and appropriate facilities to accommodate any employee desiring to

express breast milk for her infant nursing child for up to one year after the child’s birth (29 USC

§ 207).

1016.3 LACTATION BREAK TIME

A rest period should be permitted each time the employee has the need to express breast milk (29

USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any four-

hour work period or major portion of a four-hour work period would be considered reasonable.

However, individual circumstances may require more or less time.

Lactation breaks, if feasible, should be taken at the same time as the employee’s regularly

scheduled rest or meal periods.

While a reasonable effort will be made to provide additional time beyond authorized breaks, any

such time exceeding the regularly scheduled break time will be unpaid.

Employees desiring to take a lactation break shall notify Dispatch or a supervisor prior to taking

such a break. Such breaks may be reasonably delayed if it would seriously disrupt Department

operations.

Once a lactation break has been approved, the break should not be interrupted except for

emergency or exigent circumstances.

1016.3.1 PRESENCE OF CHILDREN

The Department is not required to allow the child of the employee to be present at the Department

for purposes of accommodating breastfeeding (Utah Code 34A-5-106).

1016.4 PRIVATE LOCATION

The Department will make reasonable efforts to accommodate employees with the use of an

appropriate room or other location to express milk in private. Such room or place should be in

close proximity to the employee’s work area and shall be other than a bathroom or toilet stall.

The location must be shielded from view and free from intrusion from co-workers and the public

(29 USC § 207).

Employees occupying such private areas shall either secure the door or otherwise make it clear

to others that the area is occupied, and that the employee has a need for privacy. All other

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employees should avoid interrupting an employee during an authorized break, except to announce

an emergency or other urgent circumstance.

Authorized lactation breaks for employees assigned to the field may be taken at the nearest

appropriate private area.

1016.5 STORAGE OF EXPRESSED MILK

Any employee storing expressed milk in any authorized refrigerated area within the Department

shall clearly label it as such and shall remove it when the employee ends her shift.

Policy

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Payroll Records

1017.1 PURPOSE AND SCOPE

This policy provides the guidelines for completing and submitting payroll records of department

members who are eligible for the payment of wages.

1017.2 RESPONSIBILITIES

Members are responsible for the accurate completion and timely submission of their payroll

records for the payment of wages.

Supervisors are responsible for approving the payroll records for those under their commands.

1017.3 TIME REQUIREMENTS

Members who are eligible for the payment of wages are paid on a scheduled, periodic basis,

generally on the same day or date each period, with certain exceptions, such as holidays. Payroll

records shall be completed and submitted to Administration as established by the City payroll

procedures.

1017.4 RECORDS

The Administration Division Chief shall ensure that accurate and timely payroll records are

maintained as required by 29 CFR 516.2 for a minimum of three years (29 CFR 516.5).

1017.5 POLICY

The West Jordan Police Department maintains timely and accurate payroll records.

Policy

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Outside Employment

1018.1 PURPOSE AND SCOPE

In order to avoid actual or perceived conflicts of interest for Department employees engaging in

outside employment, all employees shall obtain written approval from the Chief of Police prior to

engaging in any outside employment. Approval of outside employment shall be at the discretion

of the Chief of Police in accordance with the provisions of this policy and Utah Code 53-13-114.

1018.1.1 DEFINITIONS

Outside Employment - Any employee of the Department who receives wages, compensation or

other consideration of value from another employer, organization or individual not affiliated directly

with this department for services, product(s) or benefits rendered. For purposes of this section,

the definition of outside employment includes those employees who are self-employed and not

affiliated directly with this department for services, product(s) or benefits rendered.

Outside Overtime - Any employee of the Department who performs duties or services on behalf

of an outside organization, company or individual within this jurisdiction. Such outside overtime

shall be requested and scheduled directly through this department so that the Department may

be reimbursed for the cost of wages and benefits.

1018.2 OBTAINING APPROVAL

No employee of the Department may engage in any outside employment without first obtaining

prior written approval of the Chief of Police. Failure to obtain prior written approval for outside

employment or engaging in outside employment prohibited by this policy may lead to disciplinary

action.

In order to obtain approval for outside employment, the employee must complete an Outside

Employment Application, which shall be submitted to the employee’s immediate supervisor. The

application will then be forwarded through channels to the Chief of Police for consideration.

If approved, the employee will be provided with a copy of the approved permit. Unless otherwise

indicated in writing on the approved permit, a permit will be valid through the end of the calendar

year. Any employee seeking to renew a permit shall submit a new Outside Employment Application

in a timely manner.

Any employee seeking approval of outside employment, whose request has been denied, shall

be provided with a written reason for the denial of the application at the time of the denial.

1018.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT

If an employee’s Outside Employment Application is denied or withdrawn by the Department, the

employee may file a written notice of appeal to the Chief of Police within 10 days of the date of

denial.

If the employee’s appeal is denied, the employee may file a grievance.

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1018.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS

Any outside employment permit may be revoked or suspended under the following circumstances:

(a) Should an employee's performance at this department decline to a point where

it is evaluated by a supervisor as needing improvement to reach an overall

level of competency, the Chief of Police may, at his/her discretion, revoke any

previously approved outside employment permit(s). That revocation will stand until the

employee's performance has been reestablished at a satisfactory level and his/her

supervisor recommends reinstatement of the outside employment permit.

(b) Suspension or revocation of a previously approved outside employment permit may

be included as a term or condition of sustained discipline.

conduct or outside employment conflicts with the provisions of Department policy, the

permit may be suspended or revoked.

(d) When an employee is unable to perform at a full-duty capacity due to an injury or other

condition, any previously approved outside employment permit may be subjected to

similar restrictions as those applicable to the employee's full time duties until the

employee has returned to a full duty status.

1018.3 PROHIBITED OUTSIDE EMPLOYMENT

Consistent with the provisions of UAC R477-9-2, the Department expressly reserves the right to

deny any Outside Employment Application submitted by an employee seeking to engage in any

activity which:

(a)

Interferes with an employee’s efficiency performance.

(b)

Conflicts with the interests of the Department or the State of Utah.

(c)

Gives reason for criticism or suspicion of conflicting interests or duties.

1018.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT

Due to the potential conflict of interest no member of this department will generally be permitted to

engage in any outside or secondary employment as a private security guard, private investigator

or other similar private security position.

Any private organization, entity or individual seeking special services for security or traffic control

from members of this department must submit a written request to the Chief of Police in advance

of the desired service. Such outside overtime will be assigned, monitored and paid through the

Department.

(a) The applicant will be required to enter into an indemnification agreement prior to

approval.

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(b) The applicant will further be required to provide for the compensation and full benefits

of all employees requested for such outside security services.

subject to the following conditions:

1. The officer shall wear the Department uniform/identification.

2. The officer shall be subject to the rules and regulations of the Department.

3. No officer may engage in such outside employment during or at the site of a

strike, lockout, picket or other physical demonstration of a labor dispute.

4. Compensation for such approved outside security services shall be pursuant to

normal overtime procedures.

5. No officer may engage in outside employment as a peace officer for any other

public agency without prior written authorization of the Chief of Police.

1018.3.2 OUTSIDE OVERTIME ARREST AND REPORTING PROCEDURE

Any employee making an arrest or taking other official police action while working in an approved

outside overtime assignment shall be required to complete all related reports in a timely manner

pursuant to Department policy. Time spent on the completion of such reports shall be considered

incidental to the outside overtime assignment.

1018.3.3 SPECIAL RESTRICTIONS

Except for emergency situations or with prior authorization from the Division Chief, officers

assigned to undercover or covert operations shall not be eligible to work overtime or other

assignments in a uniformed or other capacity which might reasonably disclose the officer's law

enforcement status.

1018.4 DEPARTMENT RESOURCES

Employees are prohibited from using any Department equipment or resources in the course of or

for the benefit of any outside employment. This shall include the prohibition of access to official

records or databases of the Department or other agencies through the use of the employee’s

position with this department.

1018.4.1 REVIEW OF FINANCIAL RECORDS

Employees approved for outside employment expressly agree that their personal financial records

may be requested and reviewed/audited for potential conflict of interest. Prior to providing written

approval for an outside employment position, the Department may request that an officer provide

his/her personal financial records for review/audit in order to determine whether a conflict of

interest exists. Failure of the employee to provide the requested personal financial records could

result in denial of the off-duty work permit. If, after approving a request for an outside employment

position, the Department becomes concerned that a conflict of interest exists based on a financial

reason, the Department may request that the employee provide his/her personal financial records

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for review/audit. If the employee elects not to provide the requested records, his/her off-duty work

permit may be revoked pursuant to the Revocation/Suspension of Outside Employment Status

subsection of this policy.

1018.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS

If an employee terminates his/her outside employment during the period of a valid permit, the

employee shall promptly submit written notification of such termination to the Chief of Police

through channels. Any subsequent request for renewal or continued outside employment must

thereafter be processed and approved through normal procedures set forth in this policy.

Employees shall also promptly submit in writing to the Chief of Police any material changes in

outside employment including any change in the number of hours, type of duties or demands of

any approved outside employment. Employees who are uncertain whether a change in outside

employment is material are advised to report the change.

1018.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY

Department members engaged in outside employment who are placed on disability leave or

modified/light-duty shall inform their immediate supervisor in writing within five days regarding

whether they intend to continue to engage in such outside employment while on such leave or

light-duty status. The immediate supervisor shall review the duties of the outside employment

along with any related doctor’s orders, and make a recommendation to the Chief of Police whether

such outside employment should continue.

In the event the Chief of Police determines that the outside employment should be discontinued or

if the employee fails to promptly notify his/her supervisor of his/her intentions regarding the work

permit, a notice of revocation of the employee's permit will be forwarded to the involved employee,

and a copy attached to the original work permit.

Criteria for revoking the outside employment permit include, but are not limited to, the following:

(a) The outside employment is medically detrimental to the total recovery of the disabled

employee, as indicated by the City's professional medical advisors.

(b) The outside employment performed requires the same or similar physical ability as

would be required of an on-duty employee.

When the disabled employee returns to full duty with the West Jordan Police Department, a

request (in writing) may be made to the Chief of Police to restore the permit.

Policy

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Illness and Injury Prevention

1019.1 PURPOSE AND SCOPE

The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence

of illness and injury for members of the West Jordan Police Department, in accordance with

the requirements of the Utah Occupational Safety and Health Act (Utah OSHA) (Utah Code

34A-6-201).

This policy specifically applies to illness and injury that results in lost time or that requires medical

treatment beyond first aid. Although this policy provides the essential guidelines for a plan that

reduces illness and injury, it may be supplemented by procedures outside the Policy Manual.

This policy does not supersede, but supplements any related Citywide safety efforts.

1019.2 POLICY

The West Jordan Police Department is committed to providing a safe environment for its members

and visitors and to minimizing the incidence of work-related illness and injuries. The Department

will establish and maintain an Illness and Injury Prevention program and will provide tools, training

and safeguards designed to reduce the potential for accidents, illness and injuries. It is the intent

of the Department to comply with all laws and regulations related to occupational safety.

1019.3 ILLNESS AND INJURY PREVENTION PLAN

The Administration Division Chief is responsible for developing an illness and injury prevention

plan that shall include:

(a) Workplace safety and health training programs.

(b) Regularly scheduled safety meetings.

(d) A system for members to anonymously inform management about workplace hazards.

(e) Establishment of a safety and health committee that will:

1. Meet regularly.

2. Prepare a written record of safety and health committee meetings.

3. Review the results of periodic scheduled inspections.

4. Review investigations of accidents and exposures.

5. Make suggestions to command staff for the prevention of future incidents.

6. Review investigations of alleged hazardous conditions.

7. Submit recommendations to assist in the evaluation of member safety

suggestions.

8. Assess the effectiveness of efforts made by the Department to meet relevant

standards.

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(f) Establishment of a process to ensure illnesses and injuries are reported as required

under UAC R614-1-5.

1019.4 ADMINISTRATION DIVISION CHIEF RESPONSIBILITIES

The responsibilities of the Administration Division Chief include but are not limited to:

(a) Managing and implementing a plan to reduce the incidence of member illness and

injury.

(b) Ensuring that a system of communication is in place that facilitates a continuous flow

of safety and health information between supervisors and members. This system shall

include:

1. New member orientation that includes a discussion of safety and health policies

and procedures.

2. Regular member review of the illness and injury prevention plan.

and understood by all members.

(d) Taking reasonable steps to ensure that all members comply with safety rules in order

to maintain a safe work environment. This includes but is not limited to:

1. Informing members of the illness and injury prevention guidelines.

2. Recognizing members who perform safe work practices.

3. Ensuring that the member evaluation process includes member safety

performance.

4. Ensuring department compliance to meet standards regarding the following:

(a) Communicable diseases (Utah Code 34A-6-102; UAC R614-1-4)

(b) Personal Protective Equipment (PPE) (see the Personal Protective

Equipment Policy) (29 CFR 1910.132; Utah Code 34A-6-102; UAC

R614-1-2; UAC R614-1-4)

(d) Investigations of work-related injuries and occupational diseases and any

sudden or unusual occurrence or change of conditions that pose a risk to

members (UAC R614-1-5)

(e) Emergency Action Plan (29 CFR 1910.38; UAC R614-1-4)

(f) Walking-Working Surfaces (29 CFR 1910.21 et seq.; UAC R614-1-4)

(g) Personal Fall Protection Systems (29 CFR 1910.140; UAC R614-1-4)

(e) Making available a form to document inspections, unsafe conditions or work practices,

and actions taken to correct unsafe conditions and work practices.

(f) Making available a form to document individual incidents or accidents.

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(g) Making available a form to document the safety and health training of each member.

This form will include the member’s name or other identifier, training dates, type of

training and training providers.

(h) Conducting and documenting a regular review of the illness and injury plan.

1019.5 SUPERVISOR RESPONSIBILITIES

Supervisor responsibilities include but are not limited to:

(a) Ensuring member compliance with illness and injury prevention guidelines and

answering questions from members about this policy.

(b) Training, counseling, instructing, or making informal verbal admonishments any time

safety performance is deficient. Supervisors may also initiate discipline when it is

reasonable and appropriate under the Standards of Conduct Policy.

issues. This is essential for an injury-free, productive workplace.

(d) Notifying the Administration Division Chief when:

(a) New substances, processes, procedures, or equipment that present potential

new hazards are introduced into the work environment.

(b) New, previously unidentified hazards are recognized.

(d) New and/or permanent or intermittent members are hired or reassigned to

processes, operations, or tasks for which a hazard evaluation has not been

previously conducted.

(e) Workplace conditions warrant an inspection.

1019.6 HAZARDS

All members should report and/or take reasonable steps to correct unsafe or unhealthy work

conditions, practices or procedures in a timely manner. Members should make their reports to a

supervisor (as a general rule, their own supervisors).

Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a

timely manner, based on the severity of the hazard. These hazards should be corrected when

observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be

immediately abated without endangering members or property, supervisors should protect or

remove all exposed members from the area or item, except those necessary to correct the existing

condition.

Members who are necessary to correct the hazardous condition shall be provided with the

necessary protection.

All significant actions taken and dates they are completed shall be documented on the appropriate

form. This form should be forwarded to the Administration Division Chief via the chain of

command.

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The Administration Division Chief will take appropriate action to ensure the illness and injury

prevention plan addresses potential hazards upon such notification.

1019.7 INSPECTIONS

Safety inspections are crucial to a safe work environment. These inspections identify and evaluate

workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should

be used for documentation and to ensure a thorough assessment of the work environment (UAC

R614-1-5).

The Administration Division Chief shall ensure that the appropriate documentation is completed

for each inspection.

1019.7.1 EQUIPMENT

Members are charged with regular vehicle inspections of their assigned vehicles and of their PPE

prior to working in the field. Members shall notify their supervisor if an unsafe condition cannot

be immediately corrected.

1019.8 INVESTIGATIONS

Any member sustaining any work-related illness or injury, as well as any member who is involved

in any accident or hazardous substance exposure while on-duty shall report such event as soon

as practicable to a supervisor. Members observing or learning of a potentially hazardous condition

are to promptly report the condition to their immediate supervisors.

A supervisor receiving such a report should personally investigate the incident or ensure that

an investigation is conducted. Investigative procedures for workplace accidents and hazardous

substance exposures should include:

(a) A visit to the accident scene as soon as possible.

(b) An interview of the injured member and witnesses.

(d) Determination of the cause of the accident/exposure.

(e) Corrective action to prevent the accident/exposure from reoccurring.

(f) Documentation of the findings and corrective actions taken.

Additionally, the supervisor should proceed with the steps to report an on-duty injury, as

required under the Occupational Disease and Work-Related Injury and Death Reporting Policy,

in conjunction with this investigation to avoid duplication and ensure timely reporting.

1019.9 TRAINING

The Administration Division Chief should work with the Training Sergeant to provide all members,

including supervisors, with training on general and job-specific workplace safety and health

practices. Training shall be provided:

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(a) To supervisors to familiarize them with the safety and health hazards to which

members under their immediate direction and control may be exposed.

(b) To all members with respect to hazards specific to each member’s job assignment.

provided.

(d) Whenever new substances, processes, procedures or equipment are introduced to

the workplace and represent a new hazard.

(e) Whenever the Department is made aware of a new or previously unrecognized hazard.

1019.9.1 TRAINING TOPICS

The Training Sergeant shall ensure that training includes:

(a) Reporting unsafe conditions, work practices and injuries, and informing a supervisor

when additional instruction is needed.

(b) Use of appropriate clothing, including gloves and footwear.

(d) Availability of toilet, hand-washing and drinking-water facilities.

(e) Provisions for medical services and first aid.

(f) Handling of bloodborne pathogens and other biological hazards.

(g) Prevention of heat and cold stress.

(h) Identification and handling of hazardous materials, including chemical hazards to

which members could be exposed, and review of resources for identifying and

mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)).

(i) Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and

non-ionizing radiation.

(j) Identification and mitigation of ergonomic hazards, including working on ladders or in

a stooped posture for prolonged periods.

(k) Back exercises/stretches and proper lifting techniques.

(l) Avoidance of slips and falls.

(m) Good housekeeping and fire prevention.

(n) Other job-specific safety concerns.

1019.10 RECORDS

Records and training documentation relating to illness and injury prevention will be maintained in

accordance with the established records retention schedule.

Policy

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Occupational Disease and Work-Related Injury

and Death Reporting

1020.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance regarding the timely reporting of occupational

diseases and work-related injuries and deaths.

1020.1.1 DEFINITIONS

Definitions related to this policy include:

Work-related injury or occupational disease - An accidental injury or occupational disease that

arises out of and in the course of employment with the West Jordan Police Department. The

disease must be medically caused or aggravated by that employment. An occupational disease

may include a physical, mental or emotional disease related to mental stress that arises out of and

in the course of employment (Utah Code 34A-3-103; Utah Code 34A-3-106; UAC R612-100-2).

1020.2 POLICY

The West Jordan Police Department will address occupational diseases and work-related

injuries and deaths appropriately, and will comply with applicable state workers’ compensation

requirements (Utah Code 34A-2-407; UAC R612-200-1).

1020.3 RESPONSIBILITIES

1020.3.1 MEMBER RESPONSIBILITIES

Any member sustaining any occupational disease or work-related injury shall report such event

as soon as practicable, but within 24 hours, to a supervisor, and shall seek medical care when

appropriate.

1020.3.2 SUPERVISOR RESPONSIBILITIES

A supervisor learning of any occupational disease or work-related injury should ensure the

member receives medical care as appropriate.

Supervisors shall ensure that required documents regarding workers’ compensation are

completed and forwarded promptly. Any related Citywide disease- or injury-reporting protocol shall

also be followed.

Supervisors shall determine whether the Major Incident Notification and Illness and Injury

Prevention policies apply and take additional action as required.

1020.3.3 DIVISION CHIEF RESPONSIBILITIES

The Division Chief who receives a report of an occupational disease or a work-related injury or

death should review the report for accuracy and determine what additional action should be taken.

The report shall then be forwarded to the Chief of Police, the City’s risk management entity, and

the Administration Division Chief to ensure any required Utah Occupational Safety and Health

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Administration (OSHA) reporting is made as required in the injury and illness prevention plan

identified in the Illness and Injury Prevention Policy.

1020.3.4 CHIEF OF POLICE RESPONSIBILITIES

The Chief of Police shall review and forward copies of the report to the Department of Human

Resources. Copies of the report and related documents retained by the Department shall be filed

in the member’s confidential medical file.

1020.4 OTHER DISEASE OR INJURY

Diseases, injuries or deaths caused or occurring on-duty that do not qualify for workers’

compensation reporting shall be documented on the designated report of injury form,

which shall be signed by a supervisor. A copy of the completed form shall be forwarded

to the appropriate Division Chief through the chain of command and a copy sent to

the Administration Division Chief.

Unless the injury is extremely minor, this report shall be signed by the affected member, indicating

that he/she desired no medical attention at the time of the report. By signing, the member does

not preclude his/her ability to later seek medical attention.

1020.5 SETTLEMENT OFFERS

When a member sustains an occupational disease or work-related injury that is caused by another

person and is subsequently contacted by that person, his/her agent, insurance company or

attorney and offered a settlement, the member shall take no action other than to submit a written

report of this contact to his/her supervisor as soon as possible.

1020.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL

No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising

out of or related to an occupational disease or work-related injury, the member shall provide

the Chief of Police with written notice of the proposed terms of such settlement. In no case shall

the member accept a settlement without first providing written notice to the Chief of Police. The

purpose of such notice is to permit the City to determine whether the offered settlement will affect

any claim the City may have regarding payment for damage to equipment or reimbursement for

wages against the person who caused the disease or injury, and to protect the City's right of

subrogation, while ensuring that the member's right to receive compensation is not affected.

Policy

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Personal Appearance Standards

1021.1 PURPOSE AND SCOPE

In order to project uniformity and neutrality toward the public and other members of the

Department, it is the policy of the Department that employees shall maintain their personal hygiene

and appearance to project a professional image appropriate for this department and for their

assignment.

1021.2 GROOMING STANDARDS

Unless otherwise stated and because deviations from these standards could present officer safety

issues, the following appearance standards shall apply to all employees, except those whose

current assignment would deem them not appropriate, and where the Chief of Police has granted

exception.

1021.2.1 HAIR

Hairstyles of all members shall be neat in appearance. For male sworn members, hair must not

extend below the top edge of the uniform collar while assuming a normal stance.

For female sworn members, hair must be no longer than the horizontal level of the bottom of the

uniform patch when the employee is standing erect. It can be worn up or in a tightly wrapped

braid or ponytail.

1021.2.2 FACIAL HAIR

Beards may not be more than ¼ inch in length and must not interfere with the natural seal of

issued gas masks. Beards, mustaches, and goatees must follow the natural arch of the mouth.

Mustaches shall be conservative and not extend over the upper lip or more than ½ inch beyond

the edge of the mouth or more than 1/4 inch below the mouth's edge. Goatees may not extend

more than ¼ inch below the bottom of the chin. Beards should follow the jawline and should not

extend onto the neck. Goatees and beards shall be conservative and are not allowed without

mustaches. Designs shaved or trimmed into facial or head hair are not permitted. Soul patches

and non-natural dyes are not allowed.

Some officers have a difficult time growing facial hair that fills in properly and may distract from

a professional look. If the Chief or Command Staff deems the facial hair to be unsightly, the

employee will shave when requested.

1021.2.3 SIDEBURNS

Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes)

and shall be trimmed and neat.

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1021.2.4 FINGERNAILS

Fingernails extending beyond the tip of the finger can pose a safety hazard to officers or others.

For this reason, fingernails shall be trimmed so that no point of the nail extends beyond the tip

of the finger.

1021.2.5 JEWELRY

For the purpose of this policy, jewelry refers to rings, earrings, necklaces, bracelets, wristwatches,

and tie tacks or tie bars. Jewelry shall present a professional image and may not create a safety

concern for the department member or others. Jewelry that depicts racial, sexual, discriminatory,

gang-related, or obscene language is not allowed.

(a) Necklaces shall not be visible above the shirt collar.

(b) Earrings shall be small and worn only in or on the earlobe.

should be of the type that would cut or pose an unreasonable safety risk to the member

or others during a physical altercation, if the member is assigned to a position where

that may occur.

(d) One small bracelet, including a bracelet identifying a medical condition, may be worn

on one arm.

(e) Wristwatches shall be conservative and present a professional image.

(f) Tie tacks or tie bars worn with civilian attire shall be conservative and present a

professional image.

1021.3 TATTOOS

While on-duty or representing the West Jordan Police Department in any official capacity,

members should make every reasonable effort to conceal tattoos or other body art. At no time

while the member is on-duty or representing the Department in any official capacity shall any

offensive tattoo or body art be visible. Examples of offensive tattoos include but are not limited to

those that exhibit or advocate discrimination; those that exhibit gang, supremacist, or extremist

group affiliation; and those that depict or promote drug use, sexually explicit acts, or other obscene

material.

1021.4 BODY PIERCING OR ALTERATION

Body piercing or alteration to any area of the body visible in any authorized uniform or attire that

is a deviation from normal anatomical features and which is not medically required is prohibited.

Such body alteration includes, but is not limited to:

(a) Tongue splitting or piercing.

(b) The complete or transdermal implantation of any material other than hair replacement.

(d) Branding or scarification.

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Uniform Regulations

1022.1 PURPOSE AND SCOPE

The uniform policy of the West Jordan Police Department is established to ensure that uniformed

officers will be readily identifiable to the public through the proper use and wearing of Department

uniforms. Employees should also refer to the following associated policies:

•

Department-Owned and Personal Property

•

Body Armor

•

Grooming Standards

The Uniform and Equipment Specifications manual is maintained and periodically updated by the

Chief of Police or designee. That manual should be consulted regarding authorized equipment

and uniform specifications.

The West Jordan Police Department will provide uniforms for all employees required to wear them

in the manner, quantity and frequency approved by the Chief of Police.

1022.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT

Police employees wear the uniform to be identified as the law enforcement authority in society.

The uniform also serves an equally important purpose which is to identify the wearer as a source

of assistance in an emergency, crisis or other time of need.

(a) Uniform and equipment shall be maintained in a serviceable condition and shall

be ready at all times for immediate use. Uniforms shall be neat, clean and appear

professionally pressed.

(b) All peace officers of the Department shall possess and maintain at all times a

serviceable uniform and the necessary equipment to perform uniformed field duty.

(d) The uniform is to be worn in compliance with the specifications set forth in the

Department’s uniform specifications which are maintained separately from this policy.

(e) All supervisors will perform periodic inspections of their personnel to ensure

conformance to these regulations.

(f) Civilian attire shall not be worn in combination with any distinguishable part of the

uniform.

(g) Uniforms are only to be worn while on-duty, while in transit to or from work, for court

or at other official Department functions or events

(h) Employees are not to purchase or drink alcoholic beverages while wearing any part

of the Department uniform including the uniform pants.

(i) Mirrored sunglasses will not be worn with any Department uniform.

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(j) Visible jewelry, other than those items listed below, shall not be worn with the uniform

unless specifically authorized by the Chief of Police or designee.

1. Wrist watch.

2. Wedding ring(s), class ring or other ring of tasteful design. A maximum of one

ring/set may be worn on each hand.

3. Medical alert bracelet.

1022.2.1 DEPARTMENT-ISSUED IDENTIFICATION

The Department issues each employee an official Department identification card bearing the

employee’s name, identifying information and photo likeness. All employees shall be in possession

of their Department-issued identification card at all times while on-duty or when carrying a

concealed weapon.

(a)

Whenever on-duty or acting in an official capacity representing the Department,

employees shall display their Department-issued identification in a courteous manner

to any person upon request and as soon as practical.

(b)

Officers working specialized assignments may be excused from the possession and

display requirements when directed by their Division Chief.

1022.3 UNIFORM CLASSES

1022.3.1 CLASS A UNIFORM

The Class A uniform is to be worn on special occasions, such as funerals, graduations, ceremonies

or as directed. The Class A uniform is required for all sworn personnel. The Class A uniform

includes the standard issue uniform with:

(a) Long-sleeve shirt with tie.

(b) Polished shoes.

Boots with pointed toes are not permitted.

1022.3.2 CLASS B UNIFORM

All officers will possess and maintain a serviceable Class B uniform at all times.

The Class B uniform will consist of the same garments and equipment as the Class A uniform

with the following exceptions:

(a) The long- or short-sleeve shirt may be worn with the collar open. No tie is required.

(b) A black crew-neck tee-shirt must be worn with the uniform.

(d) Shoes for the Class B uniform may be as described in the Class A uniform.

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(e) Approved all black unpolished shoes may be worn.

(f) Boots with pointed toes are not permitted.

1022.3.3 CLASS C UNIFORM

The Class C uniform may be established to allow field personnel cooler clothing during the summer

months or special duty. The Chief of Police will establish the regulations and conditions for wearing

the Class C Uniform and the specifications for the Class C Uniform.

1022.3.4 SPECIALIZED UNIT UNIFORMS

The Chief of Police may authorize special uniforms to be worn by officers in specialized units,

such as Canine Team, SWAT, Bicycle Patrol, Motor Officers and other specialized assignments.

1022.3.5 FOUL WEATHER GEAR

The Uniform and Equipment Specifications lists the authorized uniform jacket and rain gear.

1022.4 INSIGNIA AND PATCHES

(a) Shoulder Patches - The authorized shoulder patch supplied by the Department shall

be machine stitched to the sleeves of all uniform shirts and jackets, 3/4-inch below the

shoulder seam of the shirt, and should be bisected by the crease in the sleeve.

(b) The regulation nameplate, or an authorized sewn-on cloth nameplate, shall be worn

at all times while in uniform. The nameplate shall display the employee's first and

last name. If an employee's first and last names are too long to fit on the nameplate,

then the initial of the first name will accompany the last name. If the employee desires

other than the legal first name, the employee must receive approval from the Chief of

Police. The nameplate shall be worn and placed above the right pocket located in the

middle, bisected by the pressed shirt seam, with equal distance from both sides of the

nameplate to the outer edge of the pocket.

designated by the Chief of Police.

(d) Flag Pin - A flag pin may be worn, centered above the nameplate.

(e) Badge - The Department-issued badge or an authorized sewn-on cloth replica must

be worn and visible at all times while in uniform.

(f) Rank Insignia - The designated insignia indicating the employee’s rank must be worn

at all times while in uniform. The Chief of Police may authorize exceptions.

1022.4.1 MOURNING BADGE

Uniformed employees shall wear a black mourning band across the uniform badge whenever a law

enforcement officer is killed in the line of duty. The following mourning periods will be observed:

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(a) An officer of the Department - From the time of death until midnight on the 14th day

after the death.

(b) An officer from this or an adjacent county - From the time of death until midnight on

the day of the funeral.

(d) National Peace Officers Memorial Day (May 15) - From 0001 hours until 2359 hours.

(e) As directed by the Chief of Police.

1022.5 CIVILIAN ATTIRE

There are assignments within the Department that do not require the wearing of a uniform because

recognition and authority are not essential to their function. There are also assignments in which

the wearing of civilian attire is necessary.

(a) All employees shall wear clothing that fits properly, is clean and free of stains, and not

damaged or excessively worn.

(b) All male administrative, investigative and support personnel who elect to wear civilian

clothing to work shall wear button-style shirts with a collar, and slacks or suits that are

moderate in style.

civilian clothes to work shall wear dresses, slacks, shirts, blouses or suits that are

moderate in style.

(d) The following items shall not be worn on-duty:

1. Tee-shirt alone.

2. Open-toed sandals or thongs.

3. Swimsuit, tube tops or halter-tops.

4. Spandex-type pants or see-through clothing.

5. Distasteful printed slogans, buttons or pins.

(e) Variations from this order are allowed at the discretion of the Chief of Police or

designee when the employee's assignment or current task is not conducive to the

wearing of such clothing.

(f) No item of civilian attire may be worn on-duty that would adversely affect the reputation

of the West Jordan Police Department or the morale of the employees.

1022.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS

Unless specifically authorized by the Chief of Police, West Jordan Police Department employees

may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a

Department badge, patch or other official insignia, or cause to be posted, published or displayed,

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the image of another employee, or identify himself/herself as an employee of the West Jordan

Police Department to do any of the following:

(a) Endorse, support, oppose or contradict any political campaign or initiative.

(b) Endorse, support, oppose or contradict any social issue, cause or religion.

(d) Appear in any commercial, social or non-profit publication, or any motion picture, film,

video, public broadcast or any Web site.

1022.7 OPTIONAL EQUIPMENT - MAINTENANCE AND REPLACEMENT

(a)

Any of the items listed in the Uniform and Equipment Specifications as optional shall

be purchased totally at the expense of the employee. No part of the purchase cost

shall be offset by the Department for the cost of providing the Department-issued item.

(b)

Maintenance of optional items shall be the financial responsibility of the purchasing

employee. For example, repairs due to normal wear and tear.

(c)

Replacement of items listed in this order as optional shall be done as follows:

When the item is no longer functional because of normal wear and tear, the

employee bears the full cost of replacement.

When the item is no longer functional because of damage in the course of

the employee's duties, it shall be replaced following the procedures for the

replacement of damaged personal property outlined in the Department-Owned

and Personal Property Policy.

1022.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES

West Jordan Police Department employees may not wear any uniform item, accessory or

attachment unless specifically authorized in the Uniform and Equipment Specifications or by the

Chief of Police or designee.

West Jordan Police Department employees may not use or carry any safety item, tool or other

piece of equipment unless specifically authorized in the Uniform and Equipment Specifications or

by the Chief of Police or designee.

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Nepotism and Conflicting Relationships

1023.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure equal opportunity and effective employment practices

by avoiding actual or perceived favoritism, discrimination or other actual or potential conflicts

of interest by or between members of the Department. These employment practices include:

recruiting, testing, hiring, compensation, assignment, use of facilities, access to training

opportunities, supervision, performance appraisal, discipline and workplace safety and security.

1023.1.1 DEFINITIONS

Definitions related to this policy include:

Appointee - An employee whose salary, wages, pay, or compensation is paid from public funds

(Utah Code 52-3-1).

Business relationship - Serving as an employee, independent contractor, compensated

consultant, owner, board member, shareholder, or investor in an outside business, company,

partnership, corporation, venture, or other transaction where the Department employee’s annual

interest, compensation, investment, or obligation is greater than $250.

Conflict of interest - Any actual, perceived, or potential conflict of interest in which it reasonably

appears that a Department employee’s action, inaction, or decisions are or may be influenced by

the employee’s personal or business relationship.

Household member - A person who resides in the same residence as the public officer (Utah

Code 52-3-1).

Nepotism - The practice of showing favoritism to relatives in appointment, employment,

promotion, or advancement by any public official in a position to influence these personnel

decisions.

Personal relationship - Includes marriage, cohabitation, dating, or any other intimate relationship

beyond mere friendship.

Public official - A supervisor, officer, or employee who is vested with authority by law, rule, or

regulation, or to whom authority has been delegated. The term also includes an employee’s uncle,

aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-

in-law, or daughter-in-law (Utah Code 52-3-1).

Relative - An employee’s parent, stepparent, spouse, domestic partner, significant other, child

(natural, adopted, or step), sibling, grandchild, or grandparent. The term also includes an

employee’s uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,

sister-in-law, son-in-law, or daughter-in-law (Utah Code 52-3-1).

Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority

of a supervisor.

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Supervisor - An employee who has temporary or ongoing direct or indirect authority over the

actions, decisions, evaluation, and/or performance of a subordinate employee.

1023.2 RESTRICTED DUTIES AND ASSIGNMENTS

The Department will not prohibit all personal or business relationships between employees.

However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable

restrictions shall apply.

(a) A public officer may not employ, appoint, vote for, or recommend the appointment of an

appointee when the appointee will be directly supervised by a relative or a household

member, unless the appointment occurs in compliance with the requirements of Utah

Code 52-3-1.

(b) Employees are prohibited from directly supervising, occupying a position in the line

of supervision, or being directly supervised by any other employee who is a relative,

household member, or with whom they are involved in a personal or business

relationship unless the supervision occurs in compliance with the requirements of Utah

Code 52-3-1.

1. If circumstances require that such a supervisor/subordinate relationship exists

temporarily, the supervisor shall make every reasonable effort to defer matters

pertaining to the involved employee to an uninvolved supervisor.

2. When personnel and circumstances permit, the Department will attempt to

make every reasonable effort to avoid placing employees in such supervisor/

subordinate situations. The Department, however, reserves the right to transfer

or reassign any employee to another position within the same classification in

order to avoid conflicts with any provision of this policy.

promotions, assignments, performance evaluations, transfers, or other personnel

decisions affecting an employee who is a relative, household member, or with whom

they are involved in a personal or business relationship.

(d) Whenever possible, FTOs and other trainers will not be assigned to train relatives

or household members. FTOs and other trainers are prohibited from entering into or

maintaining personal or business relationships with any employee they are assigned to

train until such time as the training has been successfully completed and the employee

is off probation.

(e) To avoid actual or perceived conflicts of interest, members of the Department shall

refrain from developing or maintaining personal or financial relationships with victims,

witnesses or other individuals during the course of, or as a direct result of, any official

contact.

(f) Except as required in the performance of official duties or in the case of immediate

relatives, employees shall not develop or maintain personal or financial relationships

with any individuals they know or reasonably should know are under criminal

investigation, are convicted felons, parolees, fugitives, or registered sex offenders, or

anyone who engages in serious violations of state or federal laws.

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1023.2.1 EMPLOYEE RESPONSIBILITY

Prior to entering into any personal or business relationship or other circumstance which the

employee knows or reasonably should know could create a conflict of interest or other violation of

this policy, the employee shall promptly notify his/her uninvolved, next highest level of supervisor.

Whenever any employee is placed in circumstances that would require the employee to take

enforcement action or provide official information or services to any relative or individual with whom

the employee is involved in a personal or business relationship, the employee shall promptly notify

his/her uninvolved, immediate supervisor.

In the event that no uninvolved supervisor is immediately available, the employee shall promptly

notify dispatch to have another uninvolved employee either relieve the involved employee or

minimally remain present to witness the action.

1023.2.2 SUPERVISOR'S RESPONSIBILITY

Upon being notified of, or otherwise becoming aware of any circumstance that could result in or

constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps

to promptly mitigate or avoid such violations whenever possible. Supervisors shall also promptly

notify the Chief of Police of such actual or potential violations, through the chain of command.

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Department Badges

1024.1 PURPOSE AND SCOPE

The West Jordan Police Department badge and uniform patch as well as the likeness of these

items and the name of the West Jordan Police Department are property of the Department and

their use shall be restricted as set forth in this policy.

1024.2 STANDARD

The uniform badge shall be issued to Department members as a symbol of authority. The use

and display of Department badges shall be in strict compliance with this policy. Only authorized

badges issued by this department shall be displayed, carried or worn by members while on-duty

or otherwise acting in an official or authorized capacity.

1024.2.1 FLAT BADGE

Sworn officers, with the written approval of the Chief of Police may purchase, at his/her own

expense, a flat badge capable of being carried in a wallet. The use of the flat badge is subject to

the same policies as the uniform badge.

(a)

An officer may sell, exchange or transfer the flat badge to another officer within the

West Jordan Police Department with the written approval of the Chief of Police.

(b)

Should the flat badge become lost, damaged or otherwise removed from the officer’s

control, he/she shall make the proper notifications as outlined in the Department-

Owned and Personal Property Policy.

(c)

An honorably retired officer may keep his/her flat badge upon retirement.

(d)

The purchase, carrying or display of a flat badge is not authorized for non-sworn

personnel.

1024.2.2 NON-SWORN PERSONNEL

Badges and Department identification cards issued to non-sworn personnel shall be clearly

marked to reflect the position of the employee (e.g. Parking Control, Dispatcher).

(a)

Non-sworn personnel shall not display any Department badge except as a part of his/

her uniform and while on-duty or otherwise acting in an official and authorized capacity.

(b)

Non-sworn personnel shall not display any Department badge or represent him/

herself, on- or off-duty, in such a manner which would cause a reasonable person to

believe that he/she is a sworn peace officer.

1024.2.3 RETIREE UNIFORM BADGE

Upon honorable retirement employees may purchase his/her assigned duty badge for display

purposes. It is intended that the duty badge be used only as private memorabilia, as other uses

of the badge may be unlawful or in violation of this policy.

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1024.3 UNAUTHORIZED USE

Except as required for on-duty use by current employees, no badge designed for carry or display in

a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably

retired peace officer.

Department badges are issued to all sworn employees and non-sworn uniformed employees for

official use only. The Department badge, shoulder patch or the likeness thereof, or the Department

name shall not be used for personal or private reasons including, but not limited to, letters,

memoranda and electronic communications such as electronic mail, or Web sites and Web pages.

The use of the badge, uniform patch and Department name for all material (printed matter,

products or other items) developed for Department use shall be subject to approval by the Chief

of Police.

Employees shall not loan his/her Department badge or identification card to others and shall not

permit the badge or identification card to be reproduced or duplicated.

1024.4 PERMITTED USE BY EMPLOYEE GROUPS

The likeness of the Department badge shall not be used without the expressed authorization of

the Chief of Police and shall be subject to the following:

(a) The employee associations may use the likeness of the Department badge for

merchandise and official association business provided they are used in a clear

representation of the association and not the West Jordan Police Department. The

following modifications shall be included:

1. The text on the upper and lower ribbons is replaced with the name of the

employee association.

2. The badge number portion displays the acronym of the employee association.

(b) The likeness of the Department badge for endorsement of political candidates shall

not be used without the expressed approval of the Chief of Police.

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Temporary Modified-Duty Assignments

1025.1 PURPOSE AND SCOPE

This policy establishes procedures for providing temporary modified-duty assignments. This policy

is not intended to affect the rights or benefits of employees under federal or state law, City

rules, or current collective bargaining agreements. For example, nothing in this policy affects the

obligation of the Department to engage in a good faith, interactive process to consider reasonable

accommodations for any employee with a temporary or permanent disability that is protected

under federal or state law.

1025.1 PROBATIONARY EMPLOYEES

Probationary employees who are assigned to a temporary modified-duty assignment shall have

their probation extended by a period of time equal to their assignment to temporary modified duty.

1025.2 POLICY

Subject to operational considerations, the West Jordan Police Department may identify temporary

modified-duty assignments for employees who have an injury or medical condition resulting in

temporary work limitations or restrictions. A temporary assignment allows the employee to work,

while providing the Department with a productive employee during the temporary period.

1025.3 GENERAL CONSIDERATIONS

Priority consideration for temporary modified-duty assignments will be given to employees with

work-related injuries or illnesses that are temporary in nature. Employees having disabilities

covered under the Americans with Disabilities Act (ADA) or the Utah Antidiscrimination Act (Utah

Code 34A-5-101 et seq.) shall be treated equally, without regard to any preference for a work-

related injury.

No position in the West Jordan Police Department shall be created or maintained as a temporary

modified-duty assignment.

Temporary modified-duty assignments are a management prerogative and not an employee

right. The availability of temporary modified-duty assignments will be determined on a case-by-

case basis, consistent with the operational needs of the Department. Temporary modified-duty

assignments are subject to continuous reassessment, with consideration given to operational

needs and the employee’s ability to perform in a modified-duty assignment.

The Chief of Police or the authorized designee may restrict employees working in temporary

modified-duty assignments from wearing a uniform, displaying a badge, carrying a firearm,

operating an emergency vehicle, engaging in outside employment, or being otherwise limited in

employing their peace officer powers.

Temporary modified-duty assignments shall generally not exceed a cumulative total of 1,040 hours

in any one-year period.

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1025.4 PROCEDURE

Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.

Employees seeking a temporary modified-duty assignment should submit a written request to

their Division Chiefs or the authorized designees. The request should, as applicable, include a

certification from the treating medical professional containing:

(a)

An assessment of the nature and probable duration of the illness or injury.

(b)

The prognosis for recovery.

(c)

The nature and scope of limitations and/or work restrictions.

(d)

A statement regarding any required workplace accommodations, mobility aids or

medical devices.

(e)

A statement that the employee can safely perform the duties of the temporary

modified-duty assignment.

The Division Chief will make a recommendation through the chain of command to the Chief

of Police regarding temporary modified-duty assignments that may be available based on the

needs of the Department and the limitations of the employee. The Chief of Police or the

authorized designee shall confer with the Department of Human Resources or the City Attorney

as appropriate.

Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved

and facilitated by the Watch Commander or Division Chief, with notice to the Chief of Police.

1025.5 ACCOUNTABILITY

Written notification of assignments, work schedules and any restrictions should be provided

to employees assigned to temporary modified-duty assignments and their supervisors. Those

assignments and schedules may be adjusted to accommodate department operations and the

employee’s medical appointments, as mutually agreed upon with the Division Chief.

1025.5.1 EMPLOYEE RESPONSIBILITIES

The responsibilities of employees assigned to temporary modified duty shall include, but not be

limited to:

(a)

Communicating and coordinating any required medical and physical therapy

appointments in advance with their supervisors.

(b)

Promptly notifying their supervisors of any change in restrictions or limitations after

each appointment with their treating medical professionals.

(c)

Communicating a status update to their supervisors no less than once every 30 days

while assigned to temporary modified duty.

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(d)

Submitting a written status report to the Division Chief that contains a status update

and anticipated date of return to full-duty when a temporary modified-duty assignment

extends beyond 60 days.

1025.5.2 SUPERVISOR RESPONSIBILITIES

The employee’s immediate supervisor shall monitor and manage the work schedule of those

assigned to temporary modified duty.

The responsibilities of supervisors shall include, but not be limited to:

(a)

Periodically apprising the Division Chief of the status and performance of employees

assigned to temporary modified duty.

(b)

Notifying the Division Chief and ensuring that the required documentation facilitating

a return to full duty is received from the employee.

(c)

Ensuring that employees returning to full duty have completed any required training

and certification.

1025.6 MEDICAL EXAMINATIONS

Prior to returning to full-duty status, employees shall be required to provide certification from their

treating medical professionals stating that they are medically cleared to perform the essential

functions of their jobs without restrictions or limitations.

The Department may require a fitness-for-duty examination prior to returning an employee to full-

duty status, in accordance with the Fitness for Duty Policy.

1025.7 PREGNANCY

If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth or a

related medical condition, the employee will be treated the same as any other temporarily disabled

employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a

temporary modified-duty assignment.

1025.7.1 NOTIFICATION

Pregnant employees should notify their immediate supervisors as soon as practicable and provide

a statement from their medical providers identifying any pregnancy-related job restrictions or

limitations. If at any point during the pregnancy it becomes necessary for the employee to take a

leave of absence, such leave shall be granted in accordance with the City’s personnel rules and

regulations regarding family and medical care leave.

1025.9 MAINTENANCE OF CERTIFICATION AND TRAINING

Employees assigned to temporary modified duty shall maintain all certification, training and

qualifications appropriate to both their regular and temporary duties, provided that the certification,

training or qualifications are not in conflict with any medical limitations or restrictions. Employees

who are assigned to temporary modified duty shall inform their supervisors of any inability to

maintain any certification, training or qualifications.

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Policy

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Employee Speech, Expression and Social

Networking

1026.1 PURPOSE AND SCOPE

This policy is intended to address issues associated with employee use of social networking sites

and to provide guidelines for the regulation and balancing of employee speech and expression

with the needs of the Department.

Nothing in this policy is intended to prohibit or infringe upon any communication, speech or

expression that is protected or privileged under law. This includes speech and expression

protected under state or federal constitutions as well as labor or other applicable laws. For

example, this policy does not limit an employee from speaking as a private citizen, including acting

as an authorized member of a recognized bargaining unit or officer associations, about matters

of public concern, such as misconduct or corruption.

Employees are encouraged to consult with their supervisor regarding any questions arising from

the application or potential application of this policy.

1026.1.1 APPLICABILITY

This policy applies to all forms of communication including but not limited to film, video, print

media, public or private speech, use of all Internet services, including the World Wide Web, e-

mail, file transfer, remote computer access, news services, social networking, social media, instant

messaging, blogs, forums, video and other file-sharing sites.

1026.2 POLICY

Public employees occupy a trusted position in the community, and thus, their statements have

the potential to contravene the policies and performance of this department. Due to the nature

of the work and influence associated with the law enforcement profession, it is necessary that

employees of this department be subject to certain reasonable limitations on their speech and

expression. To achieve its mission and efficiently provide service to the public, the West Jordan

Police Department will carefully balance the individual employee’s rights against the Department’s

needs and interests when exercising a reasonable degree of control over its employees’ speech

and expression.

1026.3 SAFETY

Employees should consider carefully the implications of their speech or any other form of

expression when using the Internet. Speech and expression that may negatively affect the safety

of the West Jordan Police Department employees, such as posting personal information in a public

forum, can result in compromising an employee’s home address or family ties. Employees should

therefore not disseminate or post any information on any forum or medium that could reasonably

be anticipated to compromise the safety of any employee, an employee's family or associates.

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Examples of the type of information that could reasonably be expected to compromise safety

include:

• Disclosing a photograph and name or address of an officer who is working undercover.

• Disclosing the address of a fellow officer.

• Otherwise disclosing where another officer can be located off-duty.

1026.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT

To meet the department’s safety, performance and public-trust needs, the following are prohibited

unless the speech is otherwise protected (for example, an employee speaking as a private citizen,

including acting as an authorized member of a recognized bargaining unit or officer associations,

on a matter of public concern):

(a)

Speech or expression made pursuant to an official duty that tends to compromise or

damage the mission, function, reputation or professionalism of the West Jordan Police

Department or its employees.

(b)

Speech or expression that, while not made pursuant to an official duty, is significantly

linked to, or related to, the West Jordan Police Department and tends to compromise

or damage the mission, function, reputation or professionalism of the West Jordan

Police Department or its employees. Examples may include:

Statements that indicate disregard for the law or the state or U.S. Constitutions.

Expression that demonstrates support for criminal activity.

Participating in sexually explicit photographs or videos for compensation or

distribution.

(c)

Speech or expression that could reasonably be foreseen as having a negative impact

on the credibility of the employee as a witness. For example, posting statements or

expressions to a website that glorify or endorse dishonesty, unlawful discrimination

or illegal behavior.

(d)

Speech or expression of any form that could reasonably be foreseen as having a

negative impact on the safety of the employees of the Department. For example,

a statement on a blog that provides specific details as to how and when prisoner

transportations are made could reasonably be foreseen as potentially jeopardizing

employees by informing criminals of details that could facilitate an escape or attempted

escape.

(e)

Speech or expression that is contrary to the canons of the Law Enforcement Code of

Ethics as adopted by the West Jordan Police Department.

(f)

Use or disclosure, through whatever means, of any information, photograph, video or

other recording obtained or accessible as a result of employment with the Department

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for financial or personal gain, or any disclosure of such materials without the express

authorization of the Chief of Police or the authorized designee (Utah Code 67-16-4).

(g)

Posting, transmitting or disseminating any photographs, video or audio recordings,

likenesses or images of department logos, emblems, uniforms, badges, patches,

marked vehicles, equipment or other material that specifically identifies the West

Jordan Police Department on any personal or social networking or other website or

web page, without the express authorization of the Chief of Police.

(h)

Accessing websites for non-authorized purposes, or use of any personal

communication device, game device or media device, whether personally or

department-owned, for personal purposes while on-duty, except in the following

circumstances:

When brief personal communication may be warranted by the circumstances

(e.g., inform family of extended hours).

During authorized breaks, such usage should be limited as much as practicable

to areas out of sight and sound of the public and shall not be disruptive to the

work environment.

Employees must take reasonable and prompt action to remove any content, including content

posted by others, that is in violation of this policy from any web page or website maintained by

the employee (e.g., social or personal website).

1026.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS

While employees are not restricted from engaging in the following activities as private citizens or

as authorized members of a recognized bargaining unit or officer associations, employees may

not represent the West Jordan Police Department or identify themselves in any way that could be

reasonably perceived as representing the West Jordan Police Department in order to do any of

the following, unless specifically authorized by the Chief of Police (Utah Code 20A-11-1206):

(a)

Endorse, support, oppose or contradict any political campaign or initiative.

(b)

Endorse, support, oppose or contradict any social issue, cause or religion.

(c)

Endorse, support or oppose any product, service, company or other commercial entity.

(d)

Appear in any commercial, social or nonprofit publication or any motion picture, film,

video, public broadcast or any website.

(e) Use the email of West Jordan Police Department for any political purpose (Utah Code

20A-11-1205).

Additionally, when it can reasonably be construed that an employee, acting in his/her individual

capacity or through an outside group or organization (e.g. bargaining group), is affiliated with this

department, the employee shall give a specific disclaiming statement that any such speech or

expression is not representative of the West Jordan Police Department.

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Employees retain their right to vote as they choose, to support candidates of their choice and

to express their opinions as private citizens, including as authorized members of a recognized

bargaining unit or officer associations, on political subjects and candidates at all times while off-

duty. However, employees may not use their official authority or influence to interfere with or affect

the result of an election or a nomination for office. Employees are also prohibited from directly or

indirectly using their official authority to coerce, command or advise another employee to pay, lend

or contribute anything of value to a party, committee, organization, agency or person for political

purposes (5 USC § 1502).

1026.5 PRIVACY EXPECTATION

Employees forfeit any expectation of privacy with regard to e-mails, texts or anything published

or maintained through file-sharing software or any Internet site (e.g., Facebook, MySpace) that is

accessed, transmitted, received or reviewed on any department technology system.

The Department reserves the right to access, audit and disclose for whatever reason any

message, including attachments, and any information accessed, transmitted, received or reviewed

over any technology that is issued or maintained by the Department, including the department e-

mail system, computer network or any information placed into storage on any department system

or device. This includes records of all key strokes or web-browsing history made at any department

computer or over any department network. The fact that access to a database, service or website

requires a user name or password will not create an expectation of privacy if it is accessed through

department computers or networks.

1026.6 CONSIDERATIONS

In determining whether to grant authorization of any speech or conduct that is prohibited under

this policy, the factors that the Chief of Police or authorized designee should consider include:

(a) Whether the speech or conduct would negatively affect the efficiency of delivering

public services.

(b) Whether the speech or conduct would be contrary to the good order of the Department

or the efficiency or morale of its members.

(d) Whether the speech or conduct would negatively affect the member’s appearance of

impartiality in the performance of his/her duties.

(e) Whether similar speech or conduct has been previously authorized.

(f) Whether the speech or conduct may be protected and outweighs any interest of the

Department.

1026.7 TRAINING

Subject to available resources, the Department should provide training regarding employee

speech and the use of social networking to all members of the Department.

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Policy

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Line-of-Duty Deaths

1027.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance to members of the West Jordan Police

Department in the event of the death of a member occurring in the line of duty and to direct the

Department in providing proper support for the member’s survivors.

The Chief of Police may also apply some or all of this policy in situations where members are

injured in the line of duty and the injuries are life-threatening.

1027.1.1 DEFINITIONS

Definitions related to this policy include:

Line-of-duty death - The death of a sworn member during the course of performing law

enforcement-related functions while on- or off-duty, or a non-sworn member during the course of

performing their assigned duties.

Survivors - Immediate family members of the deceased member, which can include spouse,

children, parents, other next of kin or significant others. The determination of who should be

considered a survivor for purposes of this policy should be made on a case-by-case basis given

the individual’s relationship with the member and whether the individual was previously designated

by the deceased member.

1027.2 POLICY

It is the policy of the West Jordan Police Department to make appropriate notifications and to

provide assistance and support to survivors and coworkers of a member who dies in the line of

duty.

It is also the policy of this department to respect the requests of the survivors when they conflict

with these guidelines, as appropriate.

1027.3 INITIAL ACTIONS BY COMMAND STAFF

(a) Upon learning of a line-of-duty death, the deceased member’s supervisor should

provide all reasonably available information to the Watch Commander and Dispatch.

1. Communication of information concerning the member and the incident should

be restricted to secure networks to avoid interception by the media or others

(see the Public Information Officer section of this policy).

(b) The Watch Commander should ensure that notifications are made in accordance with

the Officer-Involved Shootings and Deaths and Major Incident Notification policies as

applicable.

designee should respond to the hospital to assume temporary responsibilities as the

Hospital Liaison.

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(d) The Chief of Police or the authorized designee should assign members to handle

survivor notifications and assign members to the roles of Hospital Liaison (to relieve

the temporary Hospital Liaison) and the Department Liaison as soon as practicable

(see the Notifying Survivors section and the Department Liaison and Hospital Liaison

subsections in this policy).

1027.4 NOTIFYING SURVIVORS

Survivors should be notified as soon as possible in order to avoid the survivors hearing about the

incident in other ways.

The Chief of Police or the authorized designee should review the deceased member’s emergency

contact information and make accommodations to respect the member’s wishes and instructions

specific to notifying survivors. However, notification should not be excessively delayed because

of attempts to assemble a notification team in accordance with the member’s wishes.

The Chief of Police, Watch Commander or the authorized designee should select at least two

members to conduct notification of survivors.

Notifying members should:

(a) Make notifications in a direct and compassionate manner, communicating as many

facts of the incident as possible, including the current location of the member.

Information that is not verified should not be provided until an investigation has been

completed.

(b) Determine the method of notifying surviving children by consulting with other survivors

and taking into account factors such as the child’s age, maturity and current location

(e.g., small children at home, children in school).

(d) Offer to transport survivors to the hospital, if appropriate. Survivors should be

transported in department vehicles. Notifying members shall inform the Hospital

Liaison over a secure network that the survivors are on their way to the hospital and

should remain at the hospital while the survivors are present.

(e) When survivors are not at their residences or known places of employment, actively

seek information and follow leads from neighbors, other law enforcement, postal

authorities and other sources of information in order to accomplish notification in as

timely a fashion as possible. Notifying members shall not disclose the reason for their

contact other than a family emergency.

(f) If making notification at a survivor’s workplace, ask a workplace supervisor for the

use of a quiet, private room to meet with the survivor. Members shall not inform the

workplace supervisor of the purpose of their visit other than to indicate that it is a family

emergency.

(g) Offer to call other survivors, friends or clergy to support the survivors and to avoid

leaving survivors alone after notification.

(h) Assist the survivors with meeting childcare or other immediate needs.

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(i) Provide other assistance to survivors and take reasonable measures to accommodate

their needs, wishes and desires. Care should be taken not to make promises or

commitments to survivors that cannot be met.

(j) Inform the survivors of the name and phone number of the Survivor Support Liaison

(see the Survivor Support Liaison section of this policy), if known, and the Department

Liaison.

(k) Provide their contact information to the survivors before departing.

(l) Document the survivor’s names and contact information, as well as the time and

location of notification. This information should be forwarded to the Department

Liaison.

(m) Inform the Chief of Police or the authorized designee once survivor notifications have

been made so that other West Jordan Police Department members may be apprised

that survivor notifications are complete.

1027.4.1 OUT-OF-AREA NOTIFICATIONS

The Department Liaison should request assistance from law enforcement agencies in appropriate

jurisdictions for in-person notification to survivors who are out of the area.

(a) The Department Liaison should contact the appropriate jurisdiction using a secure

network and provide the assisting agency with the name and telephone number of

the department member that the survivors can call for more information following the

notification by the assisting agency.

(b) The Department Liaison may assist in making transportation arrangements for the

member’s survivors, but will not obligate the Department to pay travel expenses

without the authorization of the Chief of Police.

1027.5 NOTIFYING DEPARTMENT MEMBERS

Supervisors or members designated by the Chief of Police are responsible for notifying department

members of the line-of-duty death as soon as possible after the survivor notification is made.

Notifications and related information should be communicated in person or using secure networks

and should not be transmitted over the radio.

Notifications should be made in person and as promptly as possible to all members on-duty at the

time of the incident. Members reporting for subsequent shifts within a short amount of time should

be notified in person at the beginning of their shift. Members reporting for duty from their residence

should be instructed to contact their supervisor as soon as practicable. Those members who are

working later shifts or are on days off should be notified by phone as soon as practicable.

Members having a close bond with the deceased member should be notified of the incident

in person. Supervisors should consider assistance (e.g., peer support group, modifying work

schedules, approving sick leave) for members who are especially affected by the incident.

Supervisors should direct members not to disclose any information outside the Department

regarding the deceased member or the incident.

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1027.6 LIAISONS AND COORDINATORS

The Chief of Police or the authorized designee should select members to serve as liaisons and

coordinators to handle responsibilities related to a line-of-duty death, including, but not limited to:

(a) Department Liaison.

(b) Hospital Liaison.

(d) Critical Incident Stress Management (CISM) coordinator.

(e) Funeral Liaison.

(f) Mutual aid coordinator.

(g) Benefits Liaison.

(h) Finance coordinator.

Liaisons and coordinators will be directed by the Department Liaison and should be given sufficient

duty time to complete their assignments.

Members may be assigned responsibilities of more than one liaison or coordinator position

depending on available department resources. The Department Liaison may assign separate

liaisons and coordinators to accommodate multiple family units, if needed.

1027.6.1 DEPARTMENT LIAISON

The Department Liaison should be a Division Chief or of sufficient rank to effectively coordinate

department resources, and should serve as a facilitator between the deceased member’s

survivors and the Department. The Department Liaison reports directly to the Chief of Police. The

Department Liaison’s responsibilities include, but are not limited to:

(a) Directing the other liaisons and coordinators in fulfilling survivors’ needs and requests.

Consideration should be given to organizing the effort using the National Incident

Management System (NIMS).

(b) Establishing contact with survivors within 24 hours of the incident and providing them

contact information.

responsibilities.

(d) Identifying locations that will accommodate a law enforcement funeral and presenting

the options to the appropriate survivors, who will select the location.

(e) Coordinating all official law enforcement notifications and arrangements.

(f) Making necessary contacts for authorization to display flags at half-mast.

(g) Ensuring that department members are reminded of appropriate information–sharing

restrictions regarding the release of information that could undermine future legal

proceedings.

(h) Coordinating security checks of the member’s residence as necessary and

reasonable.

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(i) Serving as a liaison with visiting law enforcement agencies during memorial and

funeral services.

1027.6.2 HOSPITAL LIAISON

The Hospital Liaison should work with hospital personnel to:

(a) Arrange for appropriate and separate waiting areas for:

1. The survivors and others whose presence is requested by the survivors.

2. Department members and friends of the deceased member.

3. Media personnel.

(b) Ensure, as much as practicable, that any suspects who are in the hospital and their

families or friends are not in close proximity to the member’s survivors or West Jordan

Police Department members (except for members who may be guarding the suspect).

is released to others.

(d) Arrange for survivors to have private time with the member, if requested.

1. The Hospital Liaison or hospital personnel may need to explain the condition of

the member to the survivors to prepare them accordingly.

2. The Hospital Liaison should accompany the survivors into the room, if requested.

(e) Stay with survivors and ensure that they are provided with other assistance as needed

at the hospital.

(f) If applicable, explain to the survivors why an autopsy may be needed.

(g) Ensure hospital bills are directed to the Department, that the survivors are not asked

to sign as guarantor of payment for any hospital treatment and that the member’s

residence address, insurance information and next of kin are not included on hospital

paperwork.

Other responsibilities of the Hospital Liaison include, but are not limited to:

•

Arranging transportation for the survivors back to their residence.

•

Working with investigators to gather and preserve the deceased member’s equipment

and other items that may be of evidentiary value.

•

Documenting his/her actions at the conclusion of his/her duties.

1027.6.3 SURVIVOR SUPPORT LIAISON

The Survivor Support Liaison should work with the Department Liaison to fulfill the immediate

needs and requests of the survivors of any member who has died in the line of duty, and serve

as the long-term department contact for survivors.

The Survivor Support Liaison should be selected by the deceased member’s Division Chief. The

following should be considered when selecting the Survivor Support Liaison:

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•

The liaison should be an individual the survivors know and with whom they are

comfortable working.

•

If the survivors have no preference, the selection may be made from names

recommended by the deceased member’s supervisor and/or coworkers. The

deceased member’s partner or close friends may not be the best selections for this

assignment because the emotional connection to the member or survivors may impair

their ability to conduct adequate liaison duties.

•

The liaison must be willing to assume the assignment with an understanding of the

emotional and time demands involved.

The responsibilities of the Survivor Support Liaison include, but are not limited to:

(a) Arranging for transportation of survivors to hospitals, places of worship, funeral homes

and other locations, as appropriate.

(b) Communicating with the Department Liaison regarding appropriate security measures

for the family residence, as needed.

screening telephone calls made to their residence after the incident.

(d) Providing assistance with travel and lodging arrangements for out-of-town survivors.

(e) Returning the deceased member’s personal effects from the Department and the

hospital to the survivors. The following should be considered when returning the

personal effects:

1. Items should not be delivered to the survivors until they are ready to receive

the items.

2. Items not retained as evidence should be delivered in a clean, unmarked box.

3. All clothing not retained as evidence should be cleaned and made presentable

(e.g., items should be free of blood or other signs of the incident).

4. The return of some personal effects may be delayed due to ongoing

investigations.

(f) Assisting with the return of department-issued equipment that may be at the deceased

member’s residence.

1. Unless there are safety concerns, the return of the equipment should take place

after the funeral at a time and in a manner considerate of the survivors’ wishes.

(g) Working with the CISM coordinator to ensure that survivors have access to available

counseling services.

(h) Coordinating with the department’s Public Information Officer (PIO) to brief the

survivors on pending press releases related to the incident and to assist the survivors

with media relations in accordance with their wishes (see the Public Information

Officer section of this policy).

(i) Briefing survivors on investigative processes related to the line-of-duty death, such as

criminal, internal and administrative investigations.

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(j) Informing survivors of any related criminal proceedings and accompanying them to

such proceedings.

(k) Introducing survivors to prosecutors, victim’s assistance personnel and other involved

personnel as appropriate.

(l) Maintaining long-term contact with survivors and taking measures to sustain a

supportive relationship (e.g., follow-up visits, phone calls, cards on special occasions,

special support during holidays).

(m) Inviting survivors to department activities, memorial services or other functions as

appropriate.

Survivor Support Liaisons providing services after an incident resulting in multiple members being

killed should coordinate with and support each other through conference calls or meetings as

necessary.

The Department recognizes that the duties of a Survivor Support Liaison will often affect regular

assignments over many years, and is committed to supporting members in the assignment.

If needed, the Survivor Support Liaison should be issued a personal communication device

(PCD) owned by the Department to facilitate communications necessary to the assignment. The

department-issued PCD shall be used in accordance with the Personal Communication Devices

Policy.

1027.6.4 CRITICAL INCIDENT STRESS MANAGEMENT COORDINATOR

The CISM coordinator should work with the Chief of Police or the authorized designee, liaisons,

coordinators, and other resources to make CISM and counseling services available to members

and survivors who are impacted by a line-of-duty death. The responsibilities of the CISM

coordinator include but are not limited to:

(a) Identifying members who are likely to be significantly affected by the incident and may

have an increased need for CISM and counseling services, including:

1. Members involved in the incident.

2. Members who witnessed the incident.

3. Members who worked closely with the deceased member but were not involved

in the incident.

(b) Ensuring that members who were involved in or witnessed the incident are relieved

of department responsibilities until they can receive CISM support as appropriate and

possible.

counselors) are available to members as soon as reasonably practicable following the

line-of-duty death.

(d) Coordinating with the Survivor Support Liaison to ensure survivors are aware of

available CISM and counseling services and assisting with arrangements as needed.

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(e) Following up with members and the Survivor Support Liaison in the months following

the incident to determine if additional CISM or counseling services are needed.

(f) Coordinating with the Training Sergeant to have peer support team members complete

a peer support training program approved by POST (Utah Code 78B-5-903).

1027.6.5 FUNERAL LIAISON

The Funeral Liaison should work with the Department Liaison, Survivor Support Liaison and

survivors to coordinate funeral arrangements to the extent the survivors wish. The Funeral

Liaison’s responsibilities include, but are not limited to:

(a) Assisting survivors in working with the funeral director regarding funeral arrangements

and briefing them on law enforcement funeral procedures.

(b) Completing funeral notification to other law enforcement agencies.

following:

1. Honor Guard

(a) Casket watch

(b) Color guard

(d) Bell/rifle salute

2. Bagpipers/bugler

3. Uniform for burial

4. Flag presentation

5. Last radio call

(d) Briefing the Chief of Police and command staff concerning funeral arrangements.

(e) Assigning an officer to remain at the family home during the viewing and funeral.

(f) Arranging for transportation of the survivors to and from the funeral home and

interment site using department vehicles and drivers.

1027.6.6 MUTUAL AID COORDINATOR

The mutual aid coordinator should work with the Department Liaison and the Funeral Liaison to

request and coordinate any assistance from outside law enforcement agencies needed for, but

not limited to:

(a) Traffic control during the deceased member’s funeral.

(b) Area coverage so that as many West Jordan Police Department members can attend

funeral services as possible.

The mutual aid coordinator should perform his/her duties in accordance with the Outside Agency

Assistance Policy.

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1027.6.7 BENEFITS LIAISON

The Benefits Liaison should provide survivors with information concerning available benefits and

assist them in applying for benefits. Responsibilities of the Benefits Liaison include, but are not

limited to:

(a) Confirming the filing of workers’ compensation claims and related paperwork (see the

Occupational Disease and Work-Related Injury and Death Reporting Policy).

(b) Researching and assisting survivors with application for federal government survivor

benefits, such as those offered through the:

1. Public Safety Officers’ Benefits (PSOB) Programs.

2. Public Safety Officers’ Educational Assistance (PSOEA) Program.

3. Social Security Administration.

4. Department of Veterans Affairs.

survivor benefits.

1. Death benefits available under Title 49, Utah State Retirement and Insurance

Benefit Act

2. Health coverage benefits (Utah Code 53-17-201)

3. Death benefit assistance (Utah Code 53-17-501)

4. Educational benefits (Utah Code 53B-8c-103)

(d) Researching and assisting survivors with application for other survivor benefits such

as:

1. Private foundation survivor benefits programs.

2. Survivor scholarship programs.

(e) Researching and informing survivors of support programs sponsored

by police associations and other organizations.

(f) Documenting and informing survivors of inquiries and interest regarding public

donations to the survivors.

1. If requested, working with the finance coordinator to assist survivors with

establishing a process for the receipt of public donations.

(g) Providing survivors with a summary of the nature and amount of benefits applied

for, including the name of a contact person at each benefit office. Printed copies of

the summary and benefit application documentation should be provided to affected

survivors.

(h) Maintaining contact with the survivors and assisting with subsequent benefit questions

and processes as needed.

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1027.6.8 FINANCE COORDINATOR

The finance coordinator should work with the Chief of Police and the Department Liaison

to manage financial matters related to the line-of-duty death. The finance coordinator’s

responsibilities include, but are not limited to:

(a) Establishing methods for purchasing and monitoring costs related to the incident.

(b) Providing information on finance-related issues, such as:

1. Paying survivors’ travel costs if authorized.

2. Transportation costs for the deceased.

3. Funeral and memorial costs.

4. Related funding or accounting questions and issues.

donations to the deceased member’s survivors.

(d) Providing accounting and cost information as needed.

1027.7 PUBLIC INFORMATION OFFICER

In the event of a line-of-duty death, the department’s PIO should be the department’s contact point

for the media. As such, the PIO should coordinate with the Department Liaison to:

(a) Collect and maintain the most current incident information and determine what

information should be released.

(b) Ensure that department members are instructed to direct any media inquiries to

the PIO.

1. Ensure coordination with other entities having media roles (e.g., outside

agencies involved in the investigation or incident).

2. Ensure that important public information is disseminated, such as information on

how the public can show support for the Department and deceased member’s

survivors.

(d) Arrange for community and media briefings by the Chief of Police or the authorized

designee as appropriate.

(e) Respond, or coordinate the response, to media inquiries.

(f) If requested, assist the member’s survivors with media inquiries.

1. Brief the survivors on handling sensitive issues such as the types of questions

that reasonably could jeopardize future legal proceedings.

(g) Release information regarding memorial services and funeral arrangements to

department members, other agencies and the media as appropriate.

(h) If desired by the survivors, arrange for the recording of memorial and funeral services

via photos and/or video.

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The identity of deceased members should be withheld until the member’s survivors have been

notified. If the media has obtained identifying information for the deceased member prior to

survivor notification, the PIO should request that the media withhold the information from release

until proper notification can be made to survivors. The PIO should ensure that media are notified

when survivor notifications have been made.

1027.8 INVESTIGATION OF THE INCIDENT

The Chief of Police shall ensure that line-of-duty deaths are investigated thoroughly and may

choose to use the investigation process outlined in the Officer-Involved Shootings and Deaths

Policy.

Investigators from other agencies may be assigned to work on any criminal investigation related

to line-of-duty deaths. Partners, close friends or personnel who worked closely with the deceased

member should not have any investigative responsibilities because such relationships may impair

the objectivity required for an impartial investigation of the incident.

Involved department members should be kept informed of the progress of the investigations and

provide investigators with any information that may be pertinent to the investigations.

1027.9 LINE-OF-DUTY DEATH OF A LAW ENFORCEMENT ANIMAL

The Chief of Police may authorize appropriate memorial and funeral services for law enforcement

animals killed in the line of duty.

1027.10 NON-LINE-OF-DUTY DEATH

The Chief of Police may authorize certain support services for the death of a member not occurring

in the line of duty.

West Jordan Police Department Policy Manual

Published with permission by West Jordan Police Department

Index - 564

INDEX / TOPICS

ADMINISTRATIVE INVESTIGATIONS

OIS. . . . . . . . . . . . . . . . 63

Vehicle damage. . . . . . . . . . . 420

ADULT ABUSE . . . . . . . . . . . . 119

Investigations. . . . . . . . . . . . 367

AIRCRAFT

Ambulance. . . . . . . . . . . . . 342

Flying while armed. . . . . . . . . . 73

AIRCRAFT ACCIDENTS . . . . . . . . 281

ALCOHOL

Intoxicants. . . . . . . . . . . . . 156

Vehicle use. . . . . . . . . . . . . 417

ALPR . . . . . . . . . . . . . . . . 320

AMMUNITION . . . . . . . . . . . . 69

ANIMAL CONTROL PROCEDURES . . . 449

ANIMALS

Dangerous. . . . . . . . . . . . . . 72

Euthanize. . . . . . . . . . . . . . 72

Injured. . . . . . . . . . . . . . . 72

Line-of-duty death. . . . . . . . . . 563

APPOINTMENTS

Audio/video coordinator. . . . . . . . 305

Community relations coordinator. . . . 221

Custodian of records. . . . . . . . . 442

Line-of-duty death liaisons and coordinators 556

Operations director . . . . . . . 395, 400

Petty cash fund manager. . . . . . . 421

UAS coordinator. . . . . . . . . . 404

ARRESTS

Authority. . . . . . . . . . . . . . 6

Child and dependent adult safety. . . . 202

Consular Notifications. . . . . . . . 456

Domestic violence. . . . . . . . . . 102

First amendment assemblies. . . . . . 329

Seat belts. . . . . . . . . . . . . 503

Warrant service. . . . . . . . . . . 396

ASSET FORFEITURE . . . . . . . . . 375

AUDIO/VIDEO RECORDING

Body cameras. . . . . . . . . . . . 305

Child abuse. . . . . . . . . . . . . 133

Custodial interrogation. . . . . . . . 366

Holding cells. . . . . . . . . . . . 460

OIS. . . . . . . . . . . . . . . . 64

AUDITS

Informant files. . . . . . . . . . . 383

Petty cash. . . . . . . . . . . . . 421

AUTHORITY . . . . . . . . . . . . . . 6

Canine handler. . . . . . . . . . . . 92

AUTOMATED EXTERNAL DEFIBRILLATORS

(AED) . . . . . . . . . . . . . . . . 343

AUTOMATED LICENSE PLATE READER 320

AUXILIARY RESTRAINTS . . . . . . . 42

AVL . . . . . . . . . . . . . . . . 416

BACKGROUNDS . . . . . . . . . . . 470

BADGE

Mourning Badge. . . . . . . . . . . 536

BARRICADED SUSPECTS . . . . . . . 251

BATON . . . . . . . . . . . . . . . . 46

BIAS-BASED POLICING . . . . . . . . 229

BIOLOGICAL SAMPLES

Hazards . . . . . . . . . . . 282, 529

BODY ARMOR

Suspects. . . . . . . . . . . . . . 67

BODY ARMOR . . . . . . . . . . . . 504

BODY-WORN CAMERAS . . . . . . . 305

BOMBS . . . . . . . . . . . . . . . 256

Aircraft accidents. . . . . . . . . . 282

MDT/MDC. . . . . . . . . . . . . 304

Portable audio/video recorders. . . . . 307

BREATH TESTS . . . . . . . . . . . 356

CANINES

Pursuits. . . . . . . . . . . . . . 316

CASH

Audit. . . . . . . . . . . . . . . 385

Informants. . . . . . . . . . . . . 384

CASH . . . . . . . . . . . . . . . . 421

CHANGE OF ASSIGNMENT . . . . . . 511

CHIEF EXECUTIVE OFFICER . . . . . . . 8

CHILD ABUSE . . . . . . . . . . . . 129

CHILD AND DEPENDENT ADULT SAFETY 202

CHILDREN

Child abuse. . . . . . . . . . . . . 131

Child safety. . . . . . . . . . . . 202

Drug endangered. . . . . . . . . . 133

Firearms. . . . . . . . . . . . . . 71

Safety. . . . . . . . . . . . . . . 458

Transporting. . . . . . . . . . . . 502

CITATIONS . . . . . . . . . . . . . 349

CITE AND RELEASE . . . . . . . . . 264

CIVIL

Liability response. . . . . . . . . . . 64

Subpoenas. . . . . . . . . . . . . 169

CIVIL DISPUTES . . . . . . . . . . . 333

COMMAND STAFF

Line-of-duty deaths. . . . . . . . . 553

Work-related injuries and illnesses. . . . 530

COMMENDATIONS AND AWARDS . . . 512

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Published with permission by West Jordan Police Department

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COMMUNICABLE DISEASE

Health orders. . . . . . . . . . . . 233

COMMUNICABLE DISEASES

Custody. . . . . . . . . . . . . . 453

Illness and injury prevention. . . . . . 525

COMMUNICATIONS CENTER

Mandatory sharing. . . . . . . . . . 172

COMMUNICATIONS WITH PERSONS WITH

DISABILITIES . . . . . . . . . . . . 193

COMMUNITY ADVISORY COMMITTEE . 224

COMMUNITY RELATIONS . . . . . . . 221

COMPUTERS

Digital evidence. . . . . . . . . . . 367

CONCEALED WEAPON LICENSE . . . . 24

CONDUCT

Meritorious. . . . . . . . . . . . . 513

OIS. . . . . . . . . . . . . . . . 57

Standards of conduct. . . . . . . . . 154

CONDUCTED ENERGY DEVICE . . . . . 50

CONFIDENTIALITY

Communicable disease information. . . 490

Custodial telephone calls. . . . . . . 458

Custodian of records. . . . . . . . . 442

Informants. . . . . . . . . . . . . 381

Radio broadcasts. . . . . . . . . . 303

Surreptitious recording. . . . . . . . 307

CONSTITUTIONAL REQUIREMENTS . . . 7

CONTACTS AND TEMPORARY DETENTIONS

Bias-based policing. . . . . . . . . 229

Warrant service. . . . . . . . . . . 398

CONTROL DEVICES

Custody. . . . . . . . . . . . . . 459

Decontamination. . . . . . . . . . . 488

First amendment assemblies. . . . . . 328

Training. . . . . . . . . . . . . . 272

CONTROL DEVICES . . . . . . . . . . 45

CORRESPONDENCE . . . . . . . . . . 22

COURT ORDERS

Adult abuse. . . . . . . . . . . . . 120

Child abuse. . . . . . . . . . . . . 131

Child custody. . . . . . . . . . . . 203

Civil disputes. . . . . . . . . . . . 334

Foreign. . . . . . . . . . . . . . 103

Source testing. . . . . . . . . . . . 490

Subpoenas. . . . . . . . . . . . . 168

Surreptitious recording. . . . . . . . 307

CRIME ANALYSIS . . . . . . . . . . 429

CRIME SCENE AND DISASTER INTEGRITY

. . . . . . . . . . . . . . . . . . . 232

CRIMINAL OFFENDER INFORMATION . 446

CRIMINAL ORGANIZATIONS . . . . . 290

CRISIS INTERVENTION INCIDENTS . . 336

CRISIS NEGOTIATION TEAM . . . . . 234

CRISIS RESPONSE UNIT . . . . . . . . 234

CUSTODIAL INTERROGATIONS . . . . 366

CUSTODIAN OF RECORDS . . . . . . 442

CUSTODY SEARCHES . . . . . . . . . 463

CWL . . . . . . . . . . . . . . . . . 24

DEATH

Custody. . . . . . . . . . . . . . 460

Native American Graves (NAGPRA). . . 219

DEATH INVESTIGATIONS . . . . . . . 178

DEATH NOTIFICATION . . . . . . . . 180

DEBRIEFING

OIS. . . . . . . . . . . . . . . . 65

Operation plans. . . . . . . . . . . 403

DEFECTIVE VEHICLES . . . . . . . . 414

DEFINITIONS

Used in the policy manual. . . . . . . 10

DEPARTMENT PROPERTY

Loss Or Damage. . . . . . . . . . . 409

DEPARTMENT-OWNED PROPERTY . . . 408

DEPARTMENTAL DIRECTIVES . . . . . 15

DEPENDENT ADULTS

Safety . . . . . . . . . . . . 202, 458

DISABLED

Motorist. . . . . . . . . . . . . . 362

DISASTER PLAN . . . . . . . . . . . 16

DISCLAIMER

Policy manual. . . . . . . . . . . . 10

DISPUTED CLAIMS . . . . . . . . . . 435

DOMESTIC VIOLENCE . . . . . . . . 100

DRIVING

MDT/MDC. . . . . . . . . . . . . 302

Safety. . . . . . . . . . . . . . . 155

DRIVING TACTICS . . . . . . . . . . 79

DUI ENFORCEMENT . . . . . . . . . 355

ELECTRICAL LINES . . . . . . . . . 277

ELECTRO-MUSCULAR DISRUPTION

TECHNOLOGY DEVICE . . . . . . . . 50

ELECTRONIC CIGARETTES . . . . . . 492

ELECTRONIC MAIL . . . . . . . . . . 20

EMERGENCY MANAGEMENT PLAN . . . 16

EMERGENCY UTILITY . . . . . . . . 277

EMPLOYEE CONVICTIONS . . . . . . 480

ENFORCEMENT . . . . . . . . . . . 348

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Published with permission by West Jordan Police Department

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EVIDENCE

Bombs. . . . . . . . . . . . . . . 258

Digital. . . . . . . . . . . . . . . 367

NAGPRA. . . . . . . . . . . . . 219

Seizing recordings. . . . . . . . . . 311

EXPLOSIONS . . . . . . . . . . . . 257

EXPOSURE CONTROL . . . . . . . . 487

Reviews. . . . . . . . . . . . . . 525

EXPOSURES . . . . . . . . . . . . . 249

EXPUNGEMENT . . . . . . . . . . . 445

EYEWITNESS IDENTIFICATION . . . . 386

FIELD TRAINING OFFICER . . . . . . 278

FIELS SOBRIETY TESTS . . . . . . . . 355

FIREAMRS

Vehicles. . . . . . . . . . . . . . 418

FIREARMS

Conduct. . . . . . . . . . . . . . 155

Custody. . . . . . . . . . . . . . 459

Retiree carry. . . . . . . . . . . . . 25

Vehicle use. . . . . . . . . . . . . 417

FIRST AMENDMENT ASSEMBLIES . . . 325

FITNESS FOR DUTY . . . . . . . . . 514

FLYING WHILE ARMED . . . . . . . . 73

FORCE . . . . . . . . . . . . . . . . 37

FOREIGN

Court orders. . . . . . . . . . . . 103

Nationals. . . . . . . . . . . . . . 456

FOREIGN DIPLOMATIC AND CONSULAR

REPRESENTIVES . . . . . . . . . . . 266

FORMS

Child abuse and narcotics. . . . . . . 133

Eyewitness identification. . . . . . . 386

GANGS

Employee affiliation. . . . . . . . . 152

GROOMING STANDARDS . . . . . . . 532

HANDCUFFING . . . . . . . . . . . . 41

HANDCUFFING AND RESTRAINTS

Custody. . . . . . . . . . . . . . 459

HAZARDOUS MATERIAL (HAZMAT)

RESPONSE

Aircraft accidents. . . . . . . . . . 282

Precautions. . . . . . . . . . . . . 488

HAZARDOUS MATERIALS RESPONSE . 248

HAZARDS . . . . . . . . . . . . . . 527

HAZMAT . . . . . . . . . . . . . . 248

HEARING IMPAIRED . . . . . . . . . 193

HELICOPTER ASSISTANCE . . . . . . 285

HOSTAGE AND BARRICADE INCIDENTS

Rapid response and deployment. . . . . 270

HOSTAGES . . . . . . . . . . . . . 251

IDENTITY FRAUD . . . . . . . . . . 181

ILLNESS AND INJURY PREVENTION . . 525

INFORMANTS . . . . . . . . . . . . 381

INFORMATION TECHNOLOGY USE . . . 157

INSPECTIONS

Firearms. . . . . . . . . . . . . . 66

Holding cells. . . . . . . . . . . . 460

Illness and injury prevention . . . 525, 528

Personal protective equipment. . . . . 528

Vehicle. . . . . . . . . . . . . . 419

Vehicles . . . . . . . . . . . 415, 528

INTERNAL AFFAIRS

Personnel records. . . . . . . . . . 507

INVESTIGATION AND PROSECUTION . 365

JURISDICTION

Aircraft accidents. . . . . . . . . . 282

Authority. . . . . . . . . . . . . . 6

Consular Notification. . . . . . . . . 456

Foreign court orders. . . . . . . . . 103

OIS. . . . . . . . . . . . . . . . 57

KEYS

Vehicle. . . . . . . . . . . . . . 416

KINETIC PROJECTILES . . . . . . . . . 47

LAW ENFORCEMENT AUTHORITY . . . . 6

LEG IRONS . . . . . . . . . . . . . . 42

LEG RESTRAINTS . . . . . . . . . . . 42

West Jordan Police Department

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Published with permission by West Jordan Police Department

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LICENSE PLATE RECOGNITION . . . . 320

LIMITED ENGLISH PROFICIENCY . . . 185

LINE-OF-DUTY DEATHS . . . . . . . 553

MANDATORY EMPLOYER NOTIFICATION

. . . . . . . . . . . . . . . . . . . 201

MANUALS . . . . . . . . . . . . . . 16

MDT/MDC

Vehicles. . . . . . . . . . . . . . 416

MEAL PERIODS AND BREAKS . . . . . 517

MEDIA

Aircraft accidents. . . . . . . . . . 283

First amendment assemblies. . . . . . 329

Line-of-duty deaths. . . . . . . . . 562

OIS. . . . . . . . . . . . . . . . 65

Operations plans. . . . . . . . . . . 403

Warrant service. . . . . . . . . . . 399

MEDIA RELATIONS . . . . . . . . . 165

MEDICAL

Aircraft accidents. . . . . . . . . . 281

Child involuntary detention. . . . . . 132

Examinations - adult abuse. . . . . . 121

Examinations - Child abuse. . . . . . 132

For canines. . . . . . . . . . . . . 97

Illness and injury prevention. . . . . . 525

Leave Act (FMLA). . . . . . . . . 485

Opioid overdoses. . . . . . . . . . 344

Personnel Records. . . . . . . . . . 507

Release restrictions. . . . . . . . . . 444

Releases. . . . . . . . . . . . . . 342

Screening - custody adults. . . . . . . 458

Treatment for work-related injury or illness 530

MINIMUM STAFFING . . . . . . . . . 23

MOBILE AUDIO VIDEO . . . . . . . . 295

MOBILE AUDIO/VIDEO (MAV)

OIS. . . . . . . . . . . . . . . . 64

MOBILE DIGITAL TERMINAL USE . . . 302

MODIFIED-DUTY ASSIGNMENTS . . . 544

MUTUAL AID

First amendment assemblies. . . . . . 328

Interstate peace officer powers. . . . . . 7

NATIVE AMERICAN GRAVES (NAGPRA) 219

NONSWORN

Crisis intervention incidents. . . . . . 339

Vehicles. . . . . . . . . . . . . . 417

NOTIFICATION

Consular. . . . . . . . . . . . . . 456

NOTIFICATIONS

Aircraft accidents. . . . . . . . . . 282

Cash. . . . . . . . . . . . . . . 422

Custody suicide attempt, death or serious

injury. . . . . . . . . . . . . . . 460

Impaired driving. . . . . . . . . . . 356

Line-0f-duty deaths. . . . . . . . . 554

Mandatory employer. . . . . . . . . 201

NAGPRA. . . . . . . . . . . . . 219

OIS. . . . . . . . . . . . . . . . 59

Sick leave. . . . . . . . . . . . . 485

NOTIFICATIONS,

Department of Corrections. . . . . . . 134

OATH OF OFFICE . . . . . . . . . . . 9

OC SPRAY . . . . . . . . . . . . . . 46

OCCUPATIONAL DISEASE AND WORK-

RELATED INJURY AND DEATH REPORTING

. . . . . . . . . . . . . . . . . . . 530

OFFICER SAFETY

Crime scene and disaster integrity. . . . 232

Domestic violence. . . . . . . . . . 100

Firearm confiscation. . . . . . . . . . 58

Foot pursuits. . . . . . . . . . . . 316

Informants. . . . . . . . . . . . . 382

LEOSA. . . . . . . . . . . . . . . 25

Occupational hazards. . . . . . . . . 527

Seat belts. . . . . . . . . . . . . 502

Warrant service. . . . . . . . . . . 395

OFFICER-INVOLVED SHOOTING

OIS. . . . . . . . . . . . . . . . 57

OPERATIONS PLANNING AND

DECONFLICTION . . . . . . . . . . . 400

OUTSIDE AGENCY ASSISTANCE . . . . 171

OUTSIDE EMPLOYMENT . . . . . . . 521

Change in Status. . . . . . . . . . . 524

Obtaining Approval. . . . . . . . . 521

Prohibited Outside Employment. . . . 522

Security Employment. . . . . . . . . 522

OVERTIME

Court. . . . . . . . . . . . . . . 170

PARKING . . . . . . . . . . . . . . 417

PATROL FUNCTION . . . . . . . . . 227

PAWN SHOP HOLDS . . . . . . . . . 393

PEPPER PROJECTILES . . . . . . . . . 46

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Published with permission by West Jordan Police Department

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PERFORMANCE EVALUATIONS

Sick leave. . . . . . . . . . . . . 486

PERSONAL APPEARANCE . . . . . . . 532

PERSONAL PROPERTY . . . . . . . . 408

Loss Or Damage. . . . . . . . . . . 409

PERSONAL PROTECTIVE EQUIPMENT . 423

PERSONNEL COMPLAINTS

Bias-based policing. . . . . . . . . 230

PERSONNEL ORDERS . . . . . . . . . 22

PERSONNEL RECORDS . . . . . . . . 506

PHOTOGRAPHS

Aircraft accidents. . . . . . . . . . 283

PHYSICAL AND MENTAL EXAMINATIONS

. . . . . . . . . . . . . . . . . . . 515

POLICY MANUAL . . . . . . . . . . . 10

PREGNANCY

Custody . . . . . . . . . . . 453, 459

PRIVACY EXPECTATIONS

Audio/Video recordings. . . . . . . . 305

MDT/MDC. . . . . . . . . . . . . 302

Technology use. . . . . . . . . . . 157

Unmanned aircraft system. . . . . . . 404

Vehicles. . . . . . . . . . . . . . 415

PRIVATE PERSONS ARRESTS . . . . . 183

PROMOTION PROCESS . . . . . . . . 474

PROPERTY AND EVIDENCE . . . . . . 430

PROPERTY PROCEDURES

Disputed Claims. . . . . . . . . . . 435

PROTECTED INFORMATION . . . . . . 446

PROTECTIVE CUSTODY

Dependent adults. . . . . . . . . . 120

PUBLIC RECORD REQUEST . . . . . . 443

PUBLIC RECORDING OF LAW ENFORCEMENT

ACTIVITY . . . . . . . . . . . . . . 310

PURSUIT INTERVENTION . . . . . . . 83

PURSUIT UNITS . . . . . . . . . . . . 78

PURSUITS

Foot. . . . . . . . . . . . . . . . 316

RANGEMASTER

Firearms. . . . . . . . . . . . . . 66

INSPECTIONS. . . . . . . . . . . . 66

RAPID RESPONSE AND DEPLOYMENT . 270

RECORDS

Suspicious activity reports. . . . . . . 332

RECORDS BUREAU

Administrative hearings. . . . . . . . 358

Impaired driving. . . . . . . . . . . 358

RECORDS RELEASE

Adult abuse. . . . . . . . . . . . . 122

Audio/video recordings. . . . . . . . 309

Personnel records. . . . . . . . . . 508

Subpoenas and discovery requests. . . . 445

RECORDS REQUESTS

Personnel records. . . . . . . . . . 508

RECORDS RETENTION

Audio/video recordings . . . . . 308, 309

Illness and injury prevention. . . . . . 529

Oath of office. . . . . . . . . . . . . 9

Personnel records. . . . . . . . . . 509

UAS data. . . . . . . . . . . . . 406

RECRUITMENT AND SELECTION . . . 469

RELIGION

Accommodations in custody. . . . . . 459

NAGPRA. . . . . . . . . . . . . 219

REPORT PREPARATION . . . . . . . . 161

RESPONSE TO CALLS . . . . . . . . . 88

RESTRAINTS . . . . . . . . . . . . . 40

REVIEWS

Exposures. . . . . . . . . . . . . 525

Eyewitness identification process - annual. 386

Illness and injury prevention. . . . . . 525

Mobile audio/video. . . . . . . . . . 230

Public records on social media. . . . . 218

UAS. . . . . . . . . . . . . . . 404

RIDE-ALONG

Eligibility. . . . . . . . . . . . . 245

ROLL CALL TRAINING . . . . . . . . 231

SAFETY

Canine . . . . . . . . . . . . 416, 418

Conduct. . . . . . . . . . . . . . 155

First responder. . . . . . . . . . . 232

Inspections (occupational). . . . . . . 528

Occupational. . . . . . . . . . . . 525

Personal protective equipment. . . . . 423

SAFETY EQUIPMENT

Seat belts. . . . . . . . . . . . . 502

SEARCH WARRANTS . . . . . . . . . 396

SEARCHES

Crime scene. . . . . . . . . . . . 233

Police vehicle inspections. . . . . . . 415

SEARCHES

Custody. . . . . . . . . . . . . . 463

Pat Down. . . . . . . . . . . . . 463

Strip. . . . . . . . . . . . . . . 463

SEAT BELTS . . . . . . . . . . . . . 502

SECURITY

Personnel records. . . . . . . . . . 508

SECURITY EMPLOYMENT . . . . . . . 522

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SICK LEAVE . . . . . . . . . . . . . 485

SMOKING AND TOBACCO USE . . . . 492

SOCIAL MEDIA . . . . . . . . . . . 216

Backgrounds. . . . . . . . . . . . 470

SPIT HOOD . . . . . . . . . . . . . . 41

SPIT MASK . . . . . . . . . . . . . . 41

STAFFING LEVELS . . . . . . . . . . 23

STANDARDS OF CONDUCT . . . . . . 150

SUBPOENAS . . . . . . . . . . . . . 168

Records release and discovery requests. . 445

SUBPOENAS AND COURT APPEARANCES 168

SUPERVISION DEPLOYMENTS . . . . . 23

SURVEILLANCE

Imaging notification. . . . . . . . . 398

SUSPICIOUS ACTIVITY REPORTING . . 331

TAKE HOME VEHICLES . . . . . . . . 418

TASER® . . . . . . . . . . . . . . . 50

TEAR GAS . . . . . . . . . . . . . . 46

TECHNOLOGY USE . . . . . . . . . . 157

TEMPORARY CUSTODY OF ADULTS . . 453

TERMINATE A PURSUIT . . . . . . . . 77

TRAFFIC FUNCTION . . . . . . . . . 348

TRAFFIC OFFICER . . . . . . . . . . 348

TRAFFIC SIGNAL . . . . . . . . . . . 277

TRAINING . . . . . . . . . . . . . . 17

Adult abuse. . . . . . . . . . . . . 123

AED. . . . . . . . . . . . . . . 344

Briefing records. . . . . . . . . . . 231

Child and dependent adult safety. . . . 205

Communicable disease. . . . . . . . 491

Community Development. . . . . . . 225

Crisis intervention incidents. . . . . . 340

Custody. . . . . . . . . . . . . . 462

Fair and objective policing. . . . . . . 230

Firearms. . . . . . . . . . . . . . 71

First amendment assemblies. . . . . . 330

Hazardous materials. . . . . . . . . 529

Occupational safety. . . . . . . . . 528

Operation planning and deconfliction. . . 403

Personal protective equipment. . . . . 427

Personnel records. . . . . . . . . . 507

Rapid response and deployment. . . . . 272

Records maintenance and release. . . . 445

Social media. . . . . . . . . . . . 218

Training plan. . . . . . . . . . . . 17

UAS. . . . . . . . . . . . . . . 405

Warrant service. . . . . . . . . . . 399

TRAINING

SWAT. . . . . . . . . . . . . . . 237

TRANSFER PROCESS . . . . . . . . . 474

TRANSPORT BELTS . . . . . . . . . . 42

UNIFORM REGULATIONS . . . . . . . 534

UNIFORMS

Courtroom attire. . . . . . . . . . . 169

While using department vehicles. . . . 420

UNLAWFUL ASSEMBLY . . . . . . . 328

UNMANNED AIRCRAFT SYSTEM . . . 404

URINE TESTS . . . . . . . . . . . . 357

USE OF FORCE

First amendment assemblies. . . . . . 328

USE OF SOCIAL MEDIA . . . . . . . . 216

UTILITY SERVICE . . . . . . . . . . 277

VEHICLE MAINTENANCE . . . . . . . 414

VEHICLE PURSUITS . . . . . . . . . . 75

VEHICLES . . . . . . . . . . . . . . 415

Maintenance. . . . . . . . . . . . 419

WARNINGS

Canine. . . . . . . . . . . . . . . 93

WARRANT SERVICE . . . . . . . . . 395

WATCH COMMANDERS . . . . . . . . 294

WATER LINES . . . . . . . . . . . . 277