Submission

of a Revised Use of Force Policy to the Denver Police Department

A Report by the DPDs Use of Force Policy Advisory Committee

Statement by the Committee

On April 4, 2017, after the community urged the Denver Police Department (DPD) to provide
community members an opportunity to supply additional feedback on the DPDs draft use of force
policy (Original Draft Policy), the Use of Force Policy Advisory Committee (Committee) was created
by Chief Robert White.i The Committee met weekly for nearly six months at various locations within the
community. The Committee also held a community forum at the Denver Park Hill Seventh-day Adventist
Church on August 10, 2017 to garner additional community feedback. The Committee would like to
thank the numerous officials who provided advice, support and technical assistance to the Committee
during its work. This includes but is not limited to Facilitators Dr. Nita Mosby-Tyler and Lamar Sims,
Deputy Chief Matt Murray, Lt. John Coppedge, Sgt. Jaime Lucero, Sgt. Andrew Richmond, the City
Attorneys Office, Independent Monitor Nick Mitchell, and Deputy Monitor Suzanne Iantorno. ii The
Committee would also like to thank Anthony Landrum, a DPD volunteer, who provided invaluable
support and assistance during the process.

The Committee first commends Chief White on the Original Draft Policy, which included many essential
elements of a modern police use of force policy. It admirably emphasized important concepts like de-
escalation and force avoidance. Yet while the Original Draft Policy included many important concepts,
the Committee believed that its lack of specificity was problematic. While it is understandable that the
Department wants a concise policy, the policy must also be sufficiently detailed to give both officers and
the community fair notice of the kinds of force that are permitted or prohibited in particular kinds of
situations. With that in mind, the revised policy included with this document (Revised Policy) makes
several types of changes to the Original Draft Policy:iii

First, the Revised Policy attempts to take the preexisting broad philosophical statements about
de-escalation and force avoidance and turn them into actionable policy principles. The Revised
Policy includes definitions of de-escalation and tactical options, and includes guidance about
when such techniques should be attempted prior to using force.

Second, the Revised Policy provides clearer guidelines on the overall reasonable and necessary
under the totality of the circumstances use of force standard. The Revised Policy recognizes
that there are situations in which officers must use force to achieve legitimate law enforcement
objectives, including in self-defense or defense of others, and the Revised Policy requires that
officers use only the amount of force necessary to achieve those objectives.

Third, the Revised Policy defines attempted force as attempts to use force that do not make
contact with their intended subject. Attempted force must now be reported, and inappropriate
attempted force - i.e., the attempted use of force that would not be reasonable and necessary
under the totality of the circumstances had the force made contact - is now prohibited.

Fourth, the Revised Policy includes specific guidance about when each less lethal force option
may be used or is prohibited. While the Original Draft Policy included guidance related to some
of the less lethal options available to DPD officers, several of the most significant less lethal
options were not discussed in detail in that document.

Fifth, the Revised Policy includes particularized guidance on when officers must report uses of
force, and requires all officers who are either involved in or witness uses of force to report
detailed information about the use of force, the conditions precipitating the use of force, and
any de-escalation techniques attempted in order to avoid the use of force.

Sixth, the Revised Policy makes explicit that all uses of force, including uses of force by officers
working off-duty, must comply with the Revised Policy.

Seventh, the Revised Policy creates new force categories that depend upon severity under the
totality of the circumstances (De Minimus Force being the lowest and Tier II the highest). The
force categories are also designed to be flexible such that some types of force that would
normally fall into a lower force category may fall within a higher force category when the force
is reasonably likely to cause serious bodily injury or death. Under the Revised Policy, the
resources devoted to investigating and administratively reviewing use of force incidents will
depend upon the type of force used, with field supervisors conducting investigations of Tier I
incidents, which is consistent with the DPDs current practices. But the Internal Affairs Bureau,
with oversight by the Office of the Independent Monitor, shall conduct administrative
investigations into the most serious uses of force (other than firearms discharges, which are
investigated by the District Attorney and DPDs Major Crimes Bureau), Tier II incidents. This is a
new practice that is intended to enhance the integrity and objectivity of investigations into the
most serious uses of force.

Eighth, the Revised Policy requires that the Department begin to annually report aggregate
statistics for uses of force with the goal of increasing transparency regarding trends and patterns
in the use of force by Denver police officers.

The Committee recognizes that the departments Use of Force policy will not exist in a vacuum, and its
effectiveness will rely upon proper training for officers regarding both the content of the policy and
techniques for compliance. Therefore, consistent with national standards, the Committee recommends
that officers receive comprehensive, on-going, situation-based training regarding De-escalation
techniques, Tactical Options, and using force consistent with the standards articulated in the Revised
Policy. The Committee also recommends that officers receive training in how and when to intervene if
they observe another officer engaging in Inappropriate Force, safely dealing with those suffering from
mental health issues, and implicit bias.iv
It was an honor and a privilege to together participate in this process. The policy that we are presenting
today reflects best practices drawn from sources throughout the country, coupled with the expectations
of the Denver Community. We believe that its adoption by the Denver Police Department will help
ensure greater safety for officers and community members in the future.

Denver, Colorado
October 30, 2017

Committee Members: v,vi

Sean Bradley, Denver Urban League

Lisa Calderon, Colorado Latino Forum
Daniel Culhane, Attorney
Pastor Robert Davis, Greater Metro-Denver Ministerial Alliance
Linda Drake, Save the Republic
Elisabeth Epps, Denver Justice Project
Councilmember Kevin Flynn, Denver City Council
Rev. Tammy Garrett-Williams, Greater Metro-Denver Ministerial Alliance
Wes Geary, Together Colorado
Councilwoman Robin Kniech, Denver City Council
Alex Landau, Denver Justice Project
Councilmember Paul Lopez, Denver City Council
Denise Maes, Colorado ACLU
Jane Prancan, Denver Police Foundation
Rodolfo Rodriguez, Denver City Council
Natasha Shafer, National Association of Blacks in Criminal Justice
Jim Waters, Citizens Appreciate Police
Councilmember Christopher Herndon, Denver City Council

i
On February 25, 2017, at Mayor Michael B. Hancocks Cabinet in the Community event, Chief White announced
his intention to create an advisory panel to help finalize the departments use of force policy. Invitations for the
Advisory Group were sent on April 4, 2017.
ii
Several of the DPD representatives participated in only some of the Committee meetings while a designee from
the Denver Police Protective Association withdrew from the Committee during the process. Each of the officers
provided useful feedback and insight during their time assisting the Committee.
iii
This is not an exhaustive list, and the Revised Policy makes many other changes that are not included in this
summary.
iv
The committee recommends a program similar to the Ethical Policing is Courageous (EPIC) program recently
used by the New Orleans Police Department, https://www.policeone.com/chiefs-sheriffs/articles/428270006-A-
look-at-NOPDs-innovative-and-career-saving-EPIC-peer-intervention-program/.

v
Being listed as a member of the Committee or thanked as a technical advisor does not denote that each person
agrees with all elements of the Revised Policy. To the contrary, the process of drafting the Revised Policy involved
strong discussionand sometimes spirited disagreement. But all members and technical advisors provided
valuable insight and input into the final product.
vi
The committee acknowledges other community members and officers who contributed at the inception of the
Advisory Committee process including Pastor Jerry Demmer - Greater Metro Denver Ministerial Alliance, Sgt. Rob
Gilmore PPA, Albert Koger NAACP, Sgt. Devin McGinty DPD, Brittanie Pearson National Behavioral
Innovation Center.