Use of Force
511.1   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 
office 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 Conducted Energy Device, Use of 
Restraints, and Electronic Restraints policies.

511.1.1   DEFINITIONS
Definitions related to this policy include:
Deadly force - Force that is reasonably anticipated and intended to create a substantial likelihood 
of 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 deputy 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.
Force team technique - The force team technique ordinarily involves trained deputies clothed in 
protective gear who enter the inmate's area in tandem, each with a specific task, to achieve 
immediate control of the inmate.
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 deputy at the time, taken 
as a whole, including the conduct of the deputy and the individual leading up to the use of force.

511.2  POLICY
The use of force is a matter of critical concern, both to the public and to the public safety 
community. Deputies are involved on a daily basis in numerous and varied interactions and, when 
warranted, may use reasonable force in carrying out their duties.
Deputies 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 public safety duties.

The Fremont County Sheriff's Office recognizes and respects the value of all human life and dignity
without prejudice to anyone. Vesting deputies with the authority to use reasonable force and to
protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests.

511.3 USE OF FORCE
Deputies shall use only that amount of force that reasonably appears necessary given the
facts and circumstances perceived by the deputy at the time of the event to accomplish a
legitimate government purpose such as gain control of the individual; protect and ensure the
safety of inmates, members, and others; prevent serious property damage; prevent escape; obtain
compliance with facility rules and member orders; ensure the institution's security and good order;
or the execution of a public duty authorized by law or court order.

The reasonableness of force will be judged from the perspective of a reasonable deputy on the
scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
deputies 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 a deputy might encounter,
deputies 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 deputies reasonably believe that it
would be impractical or ineffective to use any of the tools, weapons, or methods provided by this
office. Deputies 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 government purpose.

While the ultimate objective of every encounter is to avoid or minimize injury, nothing in this policy
requires a deputy to retreat or be exposed to possible physical injury before applying reasonable
force.

Force shall never be used as punishment.

511.3.1 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
When determining whether to apply force and evaluating whether a deputy 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 deputies or others.
(b) The conduct of the individual being confronted, as reasonably perceived by the deputy
at the time.(c) Deputy/individual factors (e.g., age, size, relative strength, skill level, injuries
sustained, level of exhaustion or fatigue, the number of deputies available vs.
individuals).
(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 deputy commands.
(g) The 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) The seriousness of the suspected offense or reason for contact with the individual.
(k) The training and experience of the deputy.
(l) The potential for injury to deputies, inmates, and others.
(m) Whether the individual appears to be resisting, attempting to evade arrest by flight,
or is attacking the deputy.
(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 to maintain or restore order.
(p) Whether the conduct of the individual being confronted no longer reasonably appears
to pose an imminent threat to the deputy or others.
(q) Prior contacts with the individual or awareness of any propensity for violence.
(r) Any other exigent circumstances.

511.3.2 DUTY TO INTERCEDE AND REPORT
Any deputy 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 deputy 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.

511.3.3 ALTERNATIVE TACTICS - DE-ESCALATION
When circumstances reasonably permit, deputies 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)

511.3.4  ADDITIONAL INTERVENTION AND REPORTING
A deputy shall also intervene to prevent or stop another peace officer or member from using 
physical force that exceeds the degree of force permitted by CRS § 18-1-707.
An on-duty deputy who witnesses another peace officer or member using force in excess of that 
permitted by CRS § 18-1-707 shall report such use of force in writing to the member’s or deputy’s 
immediate supervisor. Such report shall be within 10 days of the occurrence and include the date, 
time, and place of the occurrence, the identities, if known, descriptions of the participants, and 
a description of the events and the force used, and must be included with all other reports of the 
incident (CRS § 18-8-802).

511.3.5  PERSPECTIVE
When observing or reporting force used by a law enforcement officer, each deputy 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.

511.3.6   PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting 
individual. Deputies may only apply those pain compliance techniques for which they have 
successfully completed office-approved training. Deputies 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.
(b)    Whether the individual can comply with the direction or orders of the deputy.
(c)     Whether the individual has been given sufficient opportunity to comply.
The application of any pain compliance technique shall be discontinued once the deputy determines 
that compliance has been achieved.

511.3.7   PROHIBITION ON CHOKEHOLDS
A deputy is prohibited from using a chokehold upon another person. A chokehold is defined as a 
method by which a person applies sufficient pressure to a person to make breathing difficult or 
impossible. It also includes pressure to stop the flow of blood to the brain via the carotid 
arteries (CRS § 18-1-707).

511.3.8  USE OF FORCE TO SEIZE EVIDENCE
In general, deputies may use reasonable force to lawfully seize evidence and to prevent the 
destruction of evidence. However, deputies are discouraged from using force solely to prevent a 
person from swallowing evidence or contraband. In the instance when force is used, deputies should 
not intentionally use any technique that restricts blood flow to the head, restricts respiration, 
or creates a reasonable likelihood that blood flow to the head or respiration would be restricted. 
Deputies are encouraged to use techniques and methods taught by the Fremont County Sheriff's
Office for this specific purpose.

511.3.9 ADDITIONAL USE OF FORCE GUIDELINES
A deputy should apply nonviolent means, when possible, and may use physical force only if
nonviolent means would be ineffective to effect an arrest, prevent an escape, or prevent an
imminent threat of injury to deputies or others (CRS § 18-1-707).
Deputies should only use that degree of force consistent with the minimization of injury to others
(CRS § 18-1-707).
Deputies shall not apply force in excess of the force permitted by CRS § 18-1-707 to a person
who has been rendered incapable of resisting arrest (CRS § 18-8-803).

511.4 USE OF FORCE TO EFFECT AN ARREST OR CONTROL
A deputy should apply nonviolent means, when possible, and may use physical force only if
nonviolent means would be ineffective to effect an arrest, prevent an escape, or prevent an
imminent threat of serious bodily injury or death to deputies or others (CRS § 18-1-707).
Deputies should only use that degree of force consistent with the minimization of injury to others
(CRS § 18-1-707).

Deputies shall not apply force in excess of the force permitted by CRS § 1-707 to a person who
has been rendered incapable of resisting arrest (CRS § 18-8-803).
511.5 USE OF OTHER WEAPONS, TOOLS, AND CHEMICAL AGENTS ON INMATES
Only members who have been authorized by the Sheriff shall be permitted to carry and use control
devices.

511.5.1 NOISE/FLASH DISTRACTION DEVICES
Noise/flash distraction devices, sting grenades, chemical grenades, and similar devices shall be
used only at the direction of a supervisor and only by deputies who have been trained in and are
qualified for the use of the devices.
511.5.2 ELECTRONIC CONTROL DEVICES
The use of conducted energy device (CED)s shall be in accordance with the office Conducted
Energy Device Policy.
The use of other conducted energy devices, such as Taser, Ultron II, Bandit, or Stun Shield shall
be in accordance with the office Electronic Restraints Policy.
511.5.3 CHEMICAL AGENTS
Chemical agents shall only be used in the facility as authorized by the Detention Division Captain
or the authorized designee and in accordance with the office's Chemical Agents Policy. Oleoresin
capsicum (OC) spray should not be used in the medical unit or other designated areas where
inmates are assigned to respiratory isolation or on any inmate who is under control with or without
restraints.

Inmates who have been affected by the use of chemical agents should be promptly provided with
the proper solution to decontaminate the affected areas.
If the inmate refuses to decontaminate, such a refusal shall be documented. If an inmate has
been exposed in a cell and not removed from the cell where the exposure occurred, in-cell
decontamination shall be afforded to the inmate, including:
(a) Care liaison member advising the inmate how to decontaminate in the cell.
(b) Clean clothing if the inmate’s clothing was contaminated.
(c) Monitoring of the in-cell inmate at least every 15 minutes on an irregular schedule, for
a period of not less than 45 minutes, by the care liaison member.

511.5.4 PROJECTILE CHEMICAL AGENTS
Pepper projectile systems are plastic spheres filled with a derivative of OC powder. A compressed
gas launcher delivers the projectiles with enough force to burst the projectiles on impact, releasing
the OC powder. The potential exists for the projectiles to inflict injury if they strike the head,
neck, spine, or groin. Therefore, personnel deploying the pepper projectile system should not
intentionally target those areas except when the deputy reasonably believes the inmate may cause
serious bodily injury or death to the deputy or others. The use of the pepper projectile system is
subject to the following requirements:
(a) Office-approved projectile chemical agents may only be used by deputies who have
received office-authorized training in their use.
(b) Deputies encountering a situation that requires the use of the pepper projectile system
shall notify a supervisor as soon as practicable. The supervisor shall respond to all
such deployments. The supervisor shall ensure that all notifications and reports are
completed as required by this policy.
Each deployment of a pepper projectile system shall be documented and, if reasonably
practicable, recorded on video. This includes situations where the launcher was directed toward
the inmate, regardless of whether the launcher was used. Only non-incident deployments are
exempt from the reporting requirement (e.g., training, product demonstrations).

511.5.5 IMPACT WEAPONS
The need to immediately incapacitate the inmate must be weighed against the risk of causing
serious injury or death. The head and neck should not be intentionally targeted with an impact
weapon, except when the deputy reasonably believes the inmate may cause serious bodily injury
or death to the deputy or others.

511.5.6 KINETIC ENERGY PROJECTILES
Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical
injury and can be used by a trained and qualified member in an attempt to de-escalate a potentially
deadly situation.

511.6  IMMEDIATE AND CALCULATED USE OF FORCE
An immediate use of force occurs when force is used to respond without delay to a situation or 
circumstance that constitutes an imminent threat to security or safety. For example, the immediate 
or unplanned use of force by a deputy may be necessary to stop an inmate from inflicting life- 
threatening injuries to him/herself or to stop an assault on any other person, including other 
inmates. The destruction of government property may require the immediate use of force by a deputy 
in some circumstances. A verbal warning should be given before an immediate use of force unless the 
circumstances preclude it.

If there is no need for immediate action, deputies should attempt to resolve the situation through 
voluntary compliance or, if it reasonably appears necessary, the calculated use of force. A 
calculated use of force is called for when an inmate's presence or conduct poses a threat to safety 
or security and the inmate is located in an area that can be controlled or isolated, or when time 
and circumstances permit advance planning, staffing, and organization.
The assistance of available non-custodial members (e.g., psychologists, counselors) should be 
considered when attempting to resolve a situation without confrontation.
A supervisor shall be present in any situation involving the calculated use of force. The 
supervisor shall notify the Detention Division Captain or the authorized designee for approval and 
consultation prior to any calculated use of force action.

511.6.1   CONFRONTATION AVOIDANCE PROCEDURES
Prior to any calculated use of force, the supervisor shall confer with the appropriate persons to 
gather pertinent information about the inmate and the immediate situation. Based on the 
supervisor's assessment of the available information, the supervisor should direct the deputies to 
attempt to obtain the inmate's voluntary cooperation and consider other available options before 
determining whether force is necessary.
The supervisor should consider including the following persons and resources in the process:
(a)    Mental health specialist
(b)    Chaplain
(d)    Any other relevant resources
Regardless of whether discussions with any of the above resources are accomplished by telephone or 
in person, the purpose is to gather information to assist in developing a plan of action, such as 
the inmate's medical/mental history (e.g., asthma or other breathing-related illness, hypoglycemia, 
diabetes), any recent incident reports, or situations that may be contributing to the inmate's 
present condition (e.g., pending criminal prosecution or sentencing, recent death of a loved one, 
divorce). The assessment should include discussions with members who are familiar with the inmate's 
background or present status. This may provide insight into the cause of the inmate's immediate 
agitation. It also may identify other members who have a rapport with the
inmate and could possibly resolve the incident peacefully, without the use of force.

If force is determined to be necessary and other means of gaining control of an inmate are deemed
inappropriate or ineffective, then the force team technique should be used to control the inmate and
to apply restraints, if required.

Consideration should also be given to preventing exposure to communicable diseases in
calculated use of force situations, and to ensuring that medical services personnel are available.

511.7 REPORTING THE USE OF FORCE
Every member use of force is an incident that shall be reported on the appropriate report form.
The documentation will reflect the actions and responses of each member participating in the
incident, as witnessed by the reporting member.
The report should include:
(a) A clear, detailed description of the incident, including any application of weapons or
restraints.
(b) The identity of all individuals involved in the incident (e.g., inmates, members, others).
(c) The deputy should articulate the factors perceived and why the deputy believed the
use of force was reasonable under the circumstances.
(d) Efforts made to temper the severity of a forceful response, and if there were none,
the reasons why.
(e) Description of any injuries to anyone involved in the incident, including the result of
any medical checks that show the presence or absence of injury.
Any member directly observing the incident shall make a verbal report to a supervisor as soon as
practicable and include as much of the aforementioned information as is known by the member.
Members shall submit the appropriate documentation prior to going off-duty, unless directed
otherwise by a supervisor.
Each member performing a calculated use of force shall wear and activate a body-worn camera
(CRS § 24-31-902). These and other video recordings are required for all calculated use of force
incidents and should include the introduction of all members participating in the process. The
recordings and documentation will be part of the investigation package. The supervisor should
ensure the recordings are properly processed for retention and that copies are forwarded with the
report to the Detention Division Captain within three working days.
The supervisor responsible for gathering the reports may allow a reasonable delay in preparation
of a report in consideration of the immediate psychological and/or physical condition of the involved
member.
The Shift Supervisor shall promptly notify the Detention Division Captain of any incident involving
a member employing deadly force, or any incident where a death or serious bodily injury may
have been caused by a member.

511.7.1 REPORTING TO COLORADO DIVISION OF CRIMINAL JUSTICE
Statistical data regarding all qualifying incidents shall be reported to the Colorado Division of
Criminal Justice as required by CRS § 24-31-903. For the purposes of this section, a qualifying
incident means any (CRS § 24-31-903):
(a) Incident involving the use of force by a deputy that results in death or serious bodily
injury.
(b) Incident involving the use of force by a deputy that involved the use of a weapon.
(c) Contact with the public conducted by deputies.

511.8 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 use of force, the supervisor is expected to:
(a) Ensure a crime scene is established to preserve and protect evidence, if appropriate.
(b) Ensure that the chain of command is notified and that all necessary health and safety
and security measures are initiated.
(c) Obtain the basic facts from the involved members. Absent an allegation of misconduct
or excessive force, this will be considered a routine contact in the normal course of
duties.
(d) Ensure that the appropriate investigation authority is notified, if appropriate.
(e) Ensure that any parties involved in a use of force situation are examined by medical
staff, regardless of whether any injuries are reported or detectable, and afforded
medical treatment as appropriate as soon as practicable.
(f) When possible, separately obtain a recorded interview with all individuals upon whom
force was used. If this interview is conducted without the person having voluntarily
waived their Miranda rights, the following shall apply:
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.
(g) 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.
(h) Identify any witnesses not already included in related reports.
(i) Review and approve all related reports.

(j) 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.
(k) 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 a reported
application of force, the supervisor is still expected to complete as many of the above items as
circumstances permit.

511.9 USE OF DEADLY FORCE
When reasonable, the deputy 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 deputy has
objectively reasonable grounds to believe the person is aware of those facts or that doing so would
unduly place deputies or other persons at risk of injury or death (CRS § 18-1-707).
Use of deadly force is justified in the following circumstances involving imminent threat or imminent
risk:
(a) A deputy may use deadly force to protect him/herself or others from what he/she
reasonably believes is an imminent threat of death or serious bodily injury.
(b) A deputy may use deadly force to stop an escaping inmate, or to stop a fleeing
individual, when the deputy 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 deputy reasonably believes that there is an
imminent or future potential risk of serious bodily injury or death to any other person
if the individual 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
individual is not at that very moment pointing a weapon at someone. For example, an imminent
danger may exist if a deputy reasonably believes the individual has a weapon or is attempting to
access one and it is reasonable to believe the individual intends to use it against the deputy or
another person. An imminent danger may also exist if the individual is capable of causing serious
bodily injury or death without a weapon and the deputy believes the individual intends to do so.
511.10 USE OF FORCE REVIEW
The Shift Supervisor shall review all related reports of use of force incidents occurring on his/her
command. The review is to determine whether the use of force was in compliance with policy,
procedure, and applicable law, and to determine if follow-up action or investigation is necessary.
The Shift Supervisor should also ensure that a review packet containing a copy of all pertinent
reports and materials is prepared and forwarded to the Use of Force Review Committee.

511.10.1 USE OF FORCE REVIEW COMMITTEE
The review committee shall meet and review all use of force cases within 30 days of the incident.
It is the responsibility of the Shift Supervisor to ensure these meetings occur. The committee will
comprise the following members:
(a) The Detention Division Captain
(b) One supervisor assigned on a rotational basis
(c) The Professional Standards Unit
(d) A deputy with advanced use of force training
(e) Other members as selected by the Sheriff
The committee should render a single finding as to whether the use of force was within policy.
Any recommendations for areas identified as needing training, changes in policy, or further
investigation into incidents that may lead to employee discipline shall be addressed in a separate
memorandum to the Training Manager and/or the Professional Standards Unit, as appropriate.

511.10.2 MULTI-AGENCY INVESTIGATION
Any use of force by a deputy that results in death shall be investigated by a multi-agency team.
The multi-agency team shall include at least one other police or sheriff’s agency or the Colorado
Bureau of Investigation. The Sheriff or the authorized designee shall ensure this protocol is posted
on the Fremont County Sheriff's Office website and is available to the public upon request (CRS
§16-2.5-301).

511.11 TRAINING
The Detention Division shall work with the Training Manager to ensure legal and detention
center training mandates are met at least annually. This training shall include the following:
(a) Use of force:
1. Permitted uses of force
2. Excessive force
3. Duty to intervene and report excessive force
(b) Weapons training
(c) Self-defense
(d) Confrontation avoidance procedures:
1. Communication techniques
2. De-escalation techniques
3. Dealing with the mentally ill
4. Application of restraints
(e) Forced cell extraction techniques
(f) Force team techniques

(g) General restraint training (soft and hard restraints)
(h) Documenting and reporting procedures

511.11.1 TRAINING FOR CONTROL DEVICES
The Training Manager 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 annually.
(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 deputy's
training file.
(c) Deputies who fail to demonstrate proficiency with the control device or knowledge
of this policy will be restricted from carrying the control device until demonstrating
proficiency. If a deputy cannot demonstrate proficiency with a control device or
knowledge of this policy after remedial training, the deputy may be subject to discipline.

511.11.2 PERIODIC TRAINING
Supervisors should conduct and document regular periodic briefings concerning this policy and
the storage and use of weapons and control devices. Any test sheets or documentation of
performance should be forwarded to the Training Manager to be included in the deputy’s training
file.