Ala. Admin. Code r. 265-X-3-.11

Current through Register Vol. 42, No. 11, August 30, 2024

Section 265-X-3-.11 - Use Of Force Reporting

(1) Beginning July 12, 2021, all state, county and municipal law enforcement agencies shall report incidents of use of force by sworn law enforcement officers within its respective agency to the ALEA State Bureau of Investigations (SBI) Criminal Justice Information Services Division (CJIS).

(2) SBI CJIS shall provide a uniform method of collectinguse of force information that complies with federal use of force reporting standards.

(3) The following types of use of force shall be reported:

(a) Fatality occurred in connection to Use-of-force by a law enforcement officer.

(b) Serious bodily injury occurred in connection to Use-of-force by a law enforcement officer.

(c) Firearm discharged toward a person by a law enforcement officer (no fatality nor bodily injury).

(4) The information collected for Use of Force reporting shall include the following:

(a) Information related to the date and time of the incident to include:

1. Total number of officers who applied actual force during the incident.

2. Number of officers from the reporting agency who applied actual force during the incident.

3. Location of the incident (address or latitude/longitude).

4. Location type of the incident (street, business, residence, restaurant, school, etc.)

5. Did the officer(s) approach the subject(s)?

6. Was it an ambush incident?

7. Was a supervisor or a senior officer acting in a supervisory capacity present or consulted at any point during the incident?

8. What was the reason for the initial contact between the subject and the officer (response to unlawful or suspicious activity, routine patrol, traffic stop, etc.)?

9. If the initial contact was due to "unlawful or criminal activity," what were the most serious reported offenses committed by the subject prior to or at the time of the incident?

10. If applicable, the reporting agency will enter the National Incident-Based Reporting System or local incident number of the report detailing the criminal incident information on the subjectand/or assault or homicide of a law enforcement officer.

11. If the incident involved multiple law enforcement agencies, the agency will include case numbers for the local use-of- force reports at the other agencies.

(b)

1. Injury/death of subject(s) (gunshot wound, apparent broken bones, unconsciousness, etc.)

2. Information on the Subject will include the following: Age, sex, race, ethnicity, height, and weight.

3. Type(s) of force use connected to serious bodily injury or death (firearm, electronic control weapon, explosive device, blunt instrument, etc.)

4. Did the subject(s) resist?

5. Was the threat by the subject(s) directed to the officer or to another party?

6. Type(s) of subject resistance/weapon involvement (threatened officer, threatened others, threatened self, active aggression, firearm, attempt to flee, etc.)

7. Was there an apparent or known impairment in the physical condition of subject? If yes, indicate which (mental health/alcohol/drugs/unknown).

8. At any time during the incident, was the subject(s) armed or believed to be armed with a weapon?

(c) Information regarding the Officer shall include the following:

1. Age, sex, race, ethnicity, height, and weight

2. Years of service as a law enforcement officer (total tenure, number of years)

3. At the time of the incident, was the officer a full- time employee?

4. Was the officer readily identifiable?

5. Was the officer on duty at the time of the incident?

6. Did the officer discharge a firearm?

7. Was the officer injured?

8. What was the officer's injury type (gunshot wound, apparent broken bones, severe laceration, unconsciousness, etc.)

(5) SBI CJIS will collect this information through eCrime once this reporting is added to eCrime. For agencies that do not use the eCrime UOF reporting capability, they shall report via a farm provide by SBI CJIS.

(6) The information collected by SBI CJIS will not be made public by ALEA. Any inquiry regarding a reported incident shall be only be provided by the reporting agency.

(7) SBI CJIS shall submit use of force data to the FBI per federal rules.

(8) SBI CJIS shall create an annual use of force report that will not contain personal information regarding any particular report, but a general report for the Commission. The Commission, upon a majority vote, may release the report to the public.

Ala. Admin. Code r. 265-X-3-.11

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 08, May 28, 2021, eff. 7/12/2021.

Author: Maury Mitchell

Statutory Authority:Code of Ala. 1975, § 41-9-620.