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TASER Risk Avoidance Program RAP

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... between a 'sworn peace officer' and a 'corrections officer' ... Each department to have a use of force protocol. Each officer to be trained in use of TASER ECDs ... – PowerPoint PPT presentation

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Title: TASER Risk Avoidance Program RAP


1
MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY
  • TASER Risk Avoidance Program (RAP)

2
MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY
MMRMA is a public entity self-insurance pool
which provides liability and property
coverage. We provide local governments the
opportunity to protect their organizations, their
employees, their offices and their citizens from
unexpected liability and property losses. In
addition to our broad and high limits of
liability and property coverage's, MMRMA provides
risk management, claims administration, legal
defense and reinsurance services to its members.
3
OUR MEMBERS ARE
  • Villages, Townships, Cities and Counties
  • Health-related facilities
  • Municipal authorities
  • Boards and commissions
  • Library and library systems
  • Courts
  • Transportation authorities
  • 911 Public Safety Communication systems
  • Cable Communication systems

4
LAW ENFORCEMENT DEMOGRAPHICS
  • MMRMA represents 149 law enforcement agencies in
    Michigan
  • Approximately 6,000 officers are employed by
    those agencies

5
TASER ELECTRONIC CONTROL DEVICES (ECDS)IN
MICHIGAN
6
LEGISLATIVE HISTORY FOR TASER ECDS IN MICHIGAN
  • January 2003 TASER ECD use approved in Michigan
    for
  • Police officers
  • State correction officers
  • Licensed Private Investigators
  • Aircraft pilot or crew member
  • Probation officer
  • Court officer
  • Bail agent

7
LEGISLATIVE HISTORY (cont.)
  • September 2004 statute amended
  • Local correction officers added
  • Michigan has a distinction between a sworn peace
    officer and a corrections officer

8
RISK AVOIDANCE PROGRAM (RAP)
  • Projects which involve the potential for
    reduction in risk and liability exposure
  • May of 2003 the TASER RAP reimbursement project
    approved
  • Policy Procedure for TASER developed for Public
    Safety Officers

9
RISK AVOIDANCE PROGRAM (RAP)
  • MMRMAs program began in 2003
  • By 2006 123 law enforcement agencies were taking
    part in program

10
3 TASER RAP PROGRAMS
  • Law enforcement reimbursement program
  • Jail and lock-up program
  • Court program

11

REQUIREMENTS OF TASER RAP PROGRAM
  • Each department to have a use of force protocol
  • Each officer to be trained in use of TASER ECDs
  • Protocol must include supervisory review of each
    TASER ECD use (we believe key to success in low
    claims)
  • Copy of police report forwarded to MMRMA
  • Medical clearance on subjects (first 18 months)
  • Adopt our model policy/procedure

12
TASER RAP PROGRAM
  • Train-the-trainer program around state
  • Included presentation at Ingham Regional Medical
    Center
  • July 2003, began partial reimbursement for TASER
    ECDs
  • 2005 recognized as a standardized RAP grant
  • As of December 2008 distributed over 289,550

13
TASER REPORTING DATA
  • 123 police/sheriff agencies taking part in
    program
  • Represents 5000 officers
  • 75 Departments have complied with our incident
    reporting requirement (60)

14
TASER USE DEFINITIONS
  • Deployment probes are discharged
  • Drive stun contact pain compliance
  • Presentation TASER ECD presented with laser
    and/or spark demonstration
  • Failure (defined by agency)

15
TASER DATA
  • 1,768 TASER incidents consisting of
  • 1,002 TASER ECD deployments
  • 560 Drive stuns
  • 132 Presentations
  • 74 Failures

16
1,768 TASER INCIDENTS REPORTED BY PARTICIPATING
DEPARTMENTS
74
132
560
1,002
TASER DATA 2003-2008
17
TASER INJURIES
  • Of the 1,768 incidents, there have been 83
    reported secondary injuries or 4.6
  • Significant injuries
  • 1 injury reported -- probe contact to the eye
  • 1 injury reported -- infection developed while at
    hospital (second party involvement)
  • 1 injury reported -- probe contact to the head

18
TASER ECD USE DATA (cont.)
  • Of the 1,768 TASER ECD incidents
  • 899 reported instances of substance abuse
    (50.8). Of this
  • 748 involved the use of alcohol (42.3)
  • 151 instances of drugs/narcotics use (8.5)
  • 152 or 8.5 incidents were reported involving
    individuals needing psychiatric intervention

19
EXCESSIVE FORCE CLAIMS REPORTED BY MEMBERS
  • Year Claims
  • 2000 66
  • 2001 46
  • 2002 61
  • 2003 84
  • 2004 125
  • 2005 68
  • 2006 57
  • 2007 49
  • 2008 17

20
EXCESSIVE USE OF FORCE REPORTED BY MEMBERS
125
84
68
66
61
57
49
46
17
21
REPORTED LOSSES FOR EXCESSIVE FORCE CLAIMS
  • Year Claim Amounts
  • 2000 2,712,979
  • 2001 922,147
  • 2002 2,081,971
  • 2003 7,068,232
  • 2004 6,448,316
  • 2005 6,085,516
  • 2006 831,943
  • 2007 508,340
  • 2008 366,600

22
LOSSES FOR EXCESSIVE FORCE
7,068,232
6,448,316
6,130,516
Dollars
2,712,979
2,081,971
922,147
891,943
550,840
366,600
Year
23
LITIGATION INVOLVING TASER
  • MMRMA did not receive any claims, notice of
    claims or lawsuits for excessive force involving
    our members utilizing the TASER ECD for the
    calendar year 2008.
  • Of the 1,768 TASER ECD incidents occurring over
    the last 6 years
  • 27 incidents (1.5) have been reported
  • 7 closed with 0 distribution
  • 9 closed with 255,500 total distribution
  • Average of 28,389 per incident
  • Of the remaining 11 incidents which remain as
    open and active in litigation, none appear to
    offer significant opposition to their defense

24
FUTURE TRAINING CONSIDERATIONS
  • Drive stun as pain compliance technique very
    limited success on subjects under influence
  • Social perceptions and concerns creating need
    for elevated justification factors
  • Seniors, subjects age, children, restrained
    subjects, passive subjects being seized, use on
    animals male officers/female subject activation
  • Drive stun to neck
  • Securing subject during TASER activation

25
FUTURE TRAINING CONSIDERATIONS (cont.)
  • TASER ECD activation on elevated platform
  • Instructor selection
  • Probes missing intended target, not a TASER ECD
    failure
  • Two or more TASER applications on single subject
    documentation
  • TASER ECD application for controlling diabetic
    reaction

26
PROGRAM ACCOMPLISHMENTS
  • Negligible number of claims in reserve
  • Decreasing excessive force complaints
  • Low reported cases involving litigation

27
MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY
  • Mike Bertha
  • MMRMA
  • 14001 Merriman Road
  • Livonia, MI 48154
  • Office 734-245-7764 Cell 734-216-9789
  • Email mbertha_at_mmrma.org
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