[33 Pa.B. 5515]
[Continued from previous Web Page] Requirement to Notify the Department of Physical and Pharmacological Conditions Affecting the Ability to a Carry Firearm
Impairment: It shall be the responsibility of the weapon-carrying officer to notify their immediate supervisor of any physical or pharmacological conditions causing physical and/or emotional impairment.
Prescriptive Medication: In those instances when an officer is prescribed a medication for an illness or medical condition, it shall be the responsibility of the weapon-carrying officer to notify their immediate supervisor. When an officer believes and/or medical personnel indicate that a medication may affect judgment and/or reaction time, authorization to carry a firearm shall be suspended. Authorization shall be reinstated upon the cessation of the medication and its effects or with a physician's ruling that the medication's potential contraindications would be aversive to handling a firearm safely and proficiently.
Employee Drug Testing Program: All employees of the adult probation/parole officer shall be subject to random drug screens (See Article 56: Carbon County Court System Drug-Free Work Place Policy and Testing Guidelines in the Personnel Policy and Procedure Manual for Court Employees).
Prohibited Use of Officially Issued Firearm
Use of Agency Issued Firearm: Agency issued firearms may only be used for official purposes, in the performance of the officer's official duties. In accordance with this policy statement, weapon-carrying officers, who use agency issued firearms for other than official authorized purposes, shall be subject to disciplinary action, up to and including termination.
Temporary Suspension of Authorization to Carry
Incidents and Allegations: See Page 15 and 16 of this policy statement.
Departmental Investigation: See Page 15 and 16 of this policy statement.
Temporary Suspension of Authorization to Carry: If circumstances arise where an officer's ability to properly handle a firearm is called into question, the Chief Adult Probation/Parole Officer has the duty and authority to immediately remove the officer's agency issued firearm in an effort to provide for the safety of the officer, as well as that of the community. Reasons for a temporary suspension may include, but are not limited to the following:
1. Physical limitation or injury
2. Mental, emotional, or behavioral impairment
3. Allegations of misconduct, negligence, or carelessness
4. Induced impairment due to drugs (illicit or legal), and/or alcohol
5. Unsafe situational tactics
6. Violation of agency policy or procedure
7. Actions which may indicate a staff member's judgment is impaired
8. Violation of the Protection From Abuse Act, 35 P. S. § 10181, as amended, when the Court directs that all weapons be forfeited.
Period of Temporary Suspension: The Chief Adult Probation/Parole Officer shall conduct an investigation into the allegation of improper handling of a firearm. Within thirty (30) days of the alleged allegation, a decision shall be made to:
1. Remove authorization
2. Continue temporary suspension
3. Return firearm
Continued Temporary Suspension: If after thirty (30) days, the Chief Adult Probation/Parole Officer has not completed the investigation, then the temporary suspension may be extended for an additional thirty (30) days.
Removal of Authorization: After completion of the investigation, the Chief Adult Probation/Parole Officer may remove authorization from the officer until he/she can demonstrate an ability to properly handle the firearm in a safe manner and/or has completed training necessary to demonstrate the safe and proper handling of a firearm. This administrative decision is not considered disciplinary action and is for the safety of the officer and the community.
Appeal of Decision: The decision of the Chief Adult Probation/Parole Officer shall be final.
Allegations Involving the Chief Adult Probation/Parole Officer: When any allegations are lodged against the Chief Adult Probation/Parole Officer for violations of this firearm policy, then the Deputy Chief Adult Probation/Parole Officer shall remove the firearm from the Chief and conduct an investigation into the allegation in accordance with this policy statement.
Performance of Official Duties During Suspension: An officer whose authorization to carry a firearm has been suspended shall continue to perform their official duties and functions as an adult probation/parole officer with no interruption in services.
Reinstatement Process: An officer who had authorization removed may reapply for reinstatement every six months.
Firearms Training Requirements
Firearm Familiarization Training: Prior to issuance of the firearm, the officer must view a familiarization video provided by the manufacturer, Glock.
Basic Firearms Academy: All officers carrying firearms must attend the initial firearms training course offered by the County Probation and Parole Officers' Firearm Education and Training Commission (See 61 Pa.C.S. § 332.1 through 61 Pa.C.S. § 332.9). The training course shall consist of a period of classroom instruction and range qualification.
Requalification: All officers who receive certification by the Commission, must requalify annually and during the time period established by the Commission. The department shall make arrangements with neighboring counties, who have a certified Commission firearms' instructor, to conduct requalification training.
Mandatory In-Service Training: In order to maintain state certification, any in-service training mandated by the established County Probation and Parole Officers' Firearm Education and Training Commission, shall be attended by all weapon-carrying officers.
Failure to Qualify at the Initial Training: If an officer fails to qualify, he/she shall be given a second opportunity to participate in the next available training course. Any officer requesting a third opportunity must receive authorization from the Chief Adult Probation/Parole Officer.
Failure to Requalify: If an officer fails to requalify, he/she shall be given a second opportunity to participate in the next available training course. Any officer requesting a third opportunity must receive authorization from the Chief Adult Probation/Parole Officer. Failure to requalify will result in the temporary suspension of authorization to carry a firearm. When an officer fails to requalify, then he/she must attend the initial firearms academy.
Failure to Qualify By New Employee: An officer hired after the adoption of this policy statement and fails to qualify/requalify as set forth in this policy statement, will be offered additional training. Failure to qualify thereafter will result in a departmental inquiry as to the reasons an officer failed to qualify. A recommendation will be made to the court concerning the employment status of the officer.
Independent Firearms Practice: Officers authorized to carry a firearm may practice with their issued firearm on the employee's own time. The practice must occur only at a firing range, public or private. The department will only issue 200 rounds of practice ammunition to an officer attending the initial firearms training academy and requalification. The officer must purchase all other practice ammunition.
Training Ammunition: The department shall issue the appropriate number of rounds required for initial qualification and requalification. Approved training ammunition is new, factory-loaded, 124 grain, 9 mm rounds. The department will only issue ammunition to the officer for two attempts at qualification. Any other authorized attempts to qualify will require the officer to purchase the ammunition approved by the department.
Familiarization Training: All adult probation/parole officers will be required to complete a firearms familiarization course, when available.
Authorized Equipment
Authorized Firearm: The department shall issue a Glock Model 26 (9 mm) pistol to each officer authorized to carry a firearm. Personal firearms are prohibited. Only the firearm issued by the department to the officer can be carried and used in the performance of official duties, including all trainings at the firearms academy and other commission-sponsored trainings.
Authorized Duty Ammunition: The department shall issue thirty (30) rounds of duty ammunition, which is new, factory-loaded, 124-grain hydra-shok, jacketed hollow point. Any other ammunition is prohibited.
Holsters: The department shall issue a DeSantis Thumb Break Scabbard for each officer authorized to carry a firearm. The holster shall be worn on the officer's duty belt, on the officer's strong side. Cross-draw positioning of a firearm is prohibited. All other holsters including shoulder holsters and weapons are prohibited.
Magazines and Extensions: Each weapon-carrying officer will be issued two additional ten round magazines fitted with grip extensions.
Double Magazine Pouches: Each weapon-carrying officer will be issued a nylon double magazine pouch.
Modifications to Equipment: All equipment issued by the department is standard and under no circumstances will any modifications be permitted. Officers altering or modifying their equipment will be subject to disciplinary action, including suspension of authorization to carry a firearm.
Cleaning and Maintenance of Firearms
Cleaning of Firearms: Weapon-carrying officers are responsible for the cleaning and lubrication of their issued firearm after each use, whenever the handgun has been subjected to moisture or dirt or every three months. Cleaning kits will be available in the department and the officer must keep a record of when the handgun was cleaned. Since the department has no designated areas for cleaning, officers will be expected to clean their firearm at their desk or at home. Failure to maintain proper maintenance and cleaning of the firearm may result in the temporary suspension of authorization to carry.
Safety Considerations: Before cleaning your firearm, make absolutely sure that it is unloaded. All ammunition should be stored away from the cleaning area, with the gun's action open during the cleaning process.
Damaged Firearms: See Page 14 of this policy statement.
Inspection: The department shall forward all firearms to a certified Glock armorer for inspection every six months.
Mechanical Problems: Firearms with mechanical problems that cannot be corrected by routine cleaning shall be taken out of service and sent to a qualified armorer for repair.
Maintenance of Magazine and Ammunition
Ammunition: Ammunition should be removed from the magazine and rotated daily. This will ensure that striation will not occur on the tip of the bullet located at the open end of the magazine. Failure to rotate ammunition may result in the destruction of the integrity of the bullet and possibly cause damage or injury when discharged.
Magazine: Ammunition should not be stored in a magazine for any prolonged period of time. Prolonged storage of ammunition in a magazine could destroy the spring mechanism. Therefore, at the end of every shift, the officer shall empty the magazine and store the ammunition in accordance with agency policy (See page 10 of this policy statement).
Body Armor
Issuance of Body Armor: The department shall provide and issue all adult probation/parole officers a bulletproof vest. It shall be mandatory that all probation officers wear body armor when performing field activities. There shall be no exceptions to this policy statement. Body armor shall be replaced in accordance with manufacturer specifications.
Violations of Use of Force and Firearms Policy
Disciplinary Procedure: Any employee in violation of this policy statement shall be subject to disciplinary action, up to and including termination (See Article 41: Carbon County Court System Disciplinary Procedure in the Personnel Policy and Procedure Manual for Court Employees).
Firearm Authorization Request I, _________________ , an adult probation/parole officer for the Carbon County Adult Probation/Parole Department, a division of the Court of Common Pleas, Fifty-Sixth Judicial District, do hereby request authorization to a carry a firearm in the performance of my duties.
In making the aforementioned request, I acknowledge and certify the following:
1. I am a tenured employee and not on a probationary status.
2. I am not pending any disciplinary action nor am I involved in or have knowledge of any departmental, criminal or civil investigation or litigation against me.
3. I do not have a problem with drugs or alcohol. I am not presently using any drugs, except as authorized by a medical physician. I have verified with my physician that the medication prescribed will not have any effect on my judgment or impair my ability to carry a firearm in the performance of my duties.
4. I have completed psychological testing and have been approved mentally sound by a licensed psychologist to carry a firearm.
5. I am medically and physically sound to carry out my assigned duties as a probation/parole officer.
6. I have completed classroom instruction on firearms and have successfully passed a written examination (County Probation/Parole Officers' Firearm Education and Training Commission).
7. I have completed range instruction and have qualified in the practical phase of shooting (County Probation/Parole Officers' Firearm Education and Training Commission).
8. I will only use my firearm for defensive purposes only, where retreat is not possible and serious injury or death is imminent.
9. I have successfully completed training in chemical agents and impact weapons and have received certification.
10. I have successfully completed training in control tactics, defensive tactics and Use of Force Instruction and have received certification.
I hereby affirm that the aforementioned information is true. Also, I understand that the falsification of any of the aforementioned information shall result in appropriate disciplinary action.
_________________ __________
Signature Adult Probation/Parole Officer Date
Firearm Certification Officer's Name: __________
1. Successful completion of criminal background investigation. [ ] Yes [ ] No
2. Successful completion of psychological evaluation. [ ] Yes [ ] No
3. Successful completion of basic orientation academy. [ ] Yes [ ] No
4. Successful completion of first aid and CPR training. [ ] Yes [ ] No
5. Successful completion of defensive tactics. [ ] Yes [ ] No
6. Successful completion of OC spray and expandable baton training. [ ] Yes [ ] No
7. Successful completion of Use of Force training. [ ] Yes [ ] No
8. Successful completion of County Probation and Parole Officers' Firearm and Education and Training Commission. [ ] Yes [ ] No
9. Ability to demonstrate proficiency, safety and knowledge in the proper use and handling of a firearm. [ ] Yes [ ] No
__________
AUTHORIZATION REQUEST DENIED: [ ] REQUEST APPROVED: [ ]
Chief Adult Probation/Parole Officer:
I, Ronald S. Kokinda, Chief Adult Probation/Parole Officer hereby approve/deny the within request to carry a firearm in accordance with court and departmental policies and procedures.
Signature and Date: __________
Request Not to Carry a Firearm I, _________________ , an adult probation/parole officer for the Carbon County Adult Probation/Parole Department, a division of the Court of Common Pleas, Fifty-Sixth Judicial District, composed of Carbon County, do hereby exercise my option not to carry a firearm in the performance of my duties, at this time.
I acknowledge that if circumstances do change, that I may request authorization to carry a firearm during the performance of my official duties.
In making the aforementioned request, I acknowledge and certify the following:
1. I am a tenured employee and not on a probationary status.
2. I am not pending any disciplinary action nor am I involved in or have knowledge of any departmental, criminal or civil investigation or litigation against me.
3. I have been offered the opportunity to attend the Basic Firearms' Academy and to carry a firearm during the performance of my official duties, but declined.
4. I have been hired prior to the implementation of the Carbon County Adult Probation/Parole Department's firearm program and am exercising my option not to carry a firearm.
5. Even though I will not carry a firearm during the performance of my official duties, I fully understand that I must perform the same duties and responsibilities as an adult probation/parole officer who carries a firearm.
I hereby affirm that the aforementioned information is true. Also, I understand that the falsification of any of the aforementioned information shall result in appropriate disciplinary action.
_________________ __________
Adult Probation/Parole Officer Date
_________________ __________
Chief Adult Probation/Parole Officer Date
CARBON COUNTY ADULT PROBATION/
PAROLE OFFICE
ISSUANCE OF FIREARM I acknowledge receipt of the agency issued firearm. By signing below, I further acknowledge that I have received appropriate training in the use of the firearm and accept full responsibility for the safe and proper handling of the firearm.
I will comply with all policies and procedures adopted by the Carbon County Court of Common Pleas and the Carbon County Adult Probation/Parole Office.
I understand that I may have my authorization to carry a firearm, during the performance of my duties, temporarily suspended as outlined in this policy statement and that when requested by the Chief Adult Probation/Parole Officer must relinquish my firearm.
Manufacturer Model Caliber Serial Number __________
ACKNOWLEDGMENT _________________ __________
Adult Probation/Parole Officer Date
_________________ __________
Chief Adult Probation/Parole Officer Date
CARBON COUNTY ADULT PROBATION/PAROLE DEPARTMENT
''Subject Control Report''Officer's Name: ______ Date of Incident: __________
Subject's Name: _____ D.O.B.: __ Ht: __ Wt: __ Sex: __________
Address of Incident: __________
Reason for Use of Control
( ) Necessary to defend self
( ) Necessary to defend another
( ) Necessary to effect arrest
( ) Necessary to prevent a violent forcible felony
( ) Necessary to restrain subject for his own safety
( ) Other __________Subject's Actions (You may check more than one):
( ) Psychological Intimidation (attitude, clinched fists, stance)
( ) Verbal Resistance (loud, abusive, profane, threatening)
( ) Passive Resister (non-movement in response to verbal and other direction).
( ) Assailant (Actions are aggressive offensive without weapons, actions will probably cause physical injury. Actions will probably cause death or serious bodily injury).Officer's Actions (You may check more than one):
( ) Officer Presence (Uniformed __ , Marked Unit __ , Plain Clothes __ , Unmarked Unit __ )
( ) Verbal Direction/Commands (exact words used, see report narrative)
( ) Control Instruments (Expandable Baton)
( ) Impact Weapon (Baton)
( ) Chemical Agent (OC Spray)
( ) Deadly Force (When an officer must shoot or strike the subject in a manner likely to cause death or serious bodily injury).Officer's Weapons Used:
( ) Personal Weapons (hands, feet, knees)
( ) OC Spray
( ) Impact Weapon (baton)
( ) Firearm
( ) Other (Weapon of Necessity: ______ )Injuries
Was the officer injured? __ Yes __ No
Was the subject injured? __ Yes __ No
Names of persons providing medical attention: __________
__________
Additional Officers Involved: __________
__________
Witnesses (Names and Addresses): __________
__________
Garrity Right ''It is my understanding that the following report is made for administrative, adult probation department purposes only and will not be used as part of an official investigation. I make this report after being ordered to do so by lawful supervisory officers. It is my understanding that by refusing to obey an order to write this report that I can be disciplined for insubordination, up to and including termination from employment. This report is made only pursuant to such orders and the potential punishment/discipline that can result for failure to obey that order.'' [See Garrity v. New Jersey, 385 U.S. 493 (1967)].
NARRATIVE __________
__________
__________
___________________________ ______
Officer's Signature Date
_________________ ______
Supervisor's Signature Date
[Pa.B. Doc. No. 03-2146. Filed for public inspection November 7, 2003, 9:00 a.m.]
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