THE COURTS
Title 255—LOCAL
COURT RULES
BUCKS COUNTY
Adult Probation/Parole Firearms Policy; Administrative Order No. 60; MD 1988-2010
[40 Pa.B. 4918]
[Saturday, August 28, 2010]And Now, this 2nd day of August, 2010, it is Hereby Ordered and Directed that the Chief of the Office of Adult Probation of Bucks County may designate certain Bucks County Probation/Parole Officers on the search/arrest team to carry firearms, providing they have successfully completed the training required by the Bucks County Adult Probation/Parole Department and the Firearm Education and Training Commission.
All Bucks County Probation/Parole Officers authorized to carry firearms must comply with the requirements of the Bucks County Adult Probation/Parole Firearms Policy. The Firearms Policy is as follows and incorporated herein, subject to amendment only by approval of the President Judge.
This order shall take effect September 15, 2010.
By the Court
SUSAN DEVLIN SCOTT,
President JudgeBucks County Adult Probation and Parole Department
55 East Court Street
Doylestown, PA 18901Subject: Firearm Training
I. Purpose:
To describe the requirements for special training for arrest/search team members issued departmental firearms for use in the performance of their duties.
II. Policy:
All members of the Departmental arrest/search team are required to be armed. Prior to being issued a firearm, team members must complete all requirements as outlined in the following procedures. These requirements include, but are not limited to, psychological testing, successful completion of the initial qualification course and successful participation in other trainings as described in the procedures.
III. Procedures:
Carrying Firearms:
A. General Policy Overview:
Recognizing the potential danger in making arrests, executing warrants, locating absconders, working in high crime areas, and dealing with individuals having the capacity to demonstrate violent behavior, the Court authorizes the carrying of firearms by the department's arrest/search team for defensive purposes only.
1. The request is initiated in writing to the Chief Adult Probation Officer and is approved in accordance with Court policy.
2. The requesting individual has met the standards as set forth by the Court.
3. The individual continues to follow procedure meeting all safety and qualification requirements.
Only those members of the department's arrest/search team may request permission to carry firearms. Participation in the arrest/search team is strictly voluntary and member selection will be dependent on the individual officer's demonstrated ability in physical conflict control training, understanding of the Use of Force Model and ability to perform these duties in addition to their normal work responsibilities.
It must be realized that in making the decision to carry a weapon a great deal of legal, ethical, and professional responsibility is undertaken by both the agency and individual employee. This policy has been developed to provide needed direction and support by helping to assure adequate training, safety and handling of a weapon in meeting these requirements.
B. Legal Background
The Parole Act of 1941 in Section 27 states, ''Parole officers appointed by the Court are hereby declared to be peace officers and are hereby given police power throughout the Commonwealth to arrest without warrant, writ, rule or process any parolee or probationer under the supervision of the Court for failing to report as required by the terms of his or her probation or parole or for any other violation thereof.'' Legally this limits the authority of the parole officer to those individuals on probation and parole under supervision of the Court and outlines the conditions under which this authority may be used. In an opinion issued by the Attorney General on August 12, 1971, it was stated that ''. . . Parole Agents may legally carry firearms while conducting their official duties . . .'' provided adequate training is provided with the individual passing an approved firearm course and ''. . . only in accordance with strict criteria.''
In 1973, with the adoption of the Pennsylvania Crimes Code, a peace officer was defined in Chapter 5, as ''. . . any person who by virtue of his public office or public employment is vested by law to make arrests for offenses. . . .'' Therefore, the police power of Parole Agents differs from that of the police officer. This necessitates special policy guidelines considering the conditions found in the probation and parole setting. Reference Act No. 277 of 1963. This section was later repealed and re-enacted under Section 42 Pa.C.S.A. § 9913, Peace officer power for probation officers.
''An officer is declared to be a peace officer and shall have police powers and authority throughout this Commonwealth to arrest, with or without warrant, writ, rule or process, any person on probation, intermediate punishment or parole under the supervision of the court for failing to report as required by the terms of that person's probation, intermediate punishment or parole or for any other violation of that person's probation, intermediate punishment or parole.''
C. Carrying and Use of Firearms
1. General Principles
The Pennsylvania Criminal Law and Criminal Procedure Manual defines deadly force as ''. . . . force which, under the circumstances in which it is used, is readily capable of causing death or serious injury.''
The use of deadly force by Probation Officers is strictly limited to defensive situations. An officer may use a firearm only to defend him/herself or another person from what the officer perceives as an immediate threat of death or serious injury when there appears to be no other alternative. All nonviolent alternatives, including withdrawal from the scene, should be attempted before the use of a firearm is contemplated. Firearms will not be drawn or displayed routinely during arrests, nor should they be used for any other reason other than as described above. The Court does not authorize the carrying of a departmental issued firearm during off-duty hours, while in the Courthouse where there are designated storage cabinets, while attending training sessions other than firearms training, or during court appearances. The continued authorization to carry a firearm will be dependent upon the individual's compliance with the Court Firearms Policy and safe proper conduct while in possession of a weapon. Generally, the firearm is to be concealed on the person and not drawn or displayed unless there is a reasonable belief of a threat of immediate death or serious bodily injury. The carrying of a firearm places a great deal of responsibility upon the person, and the weapon must be treated with respect. Individuals found to be careless or negligent in their handling of a weapon will have their authorization to carry a firearm withdrawn.
2. Issuance of Authorization to Carry a Firearm
The process of requesting authorization to carry an office issued .40 cal. Smith & Wesson (Model M&P 40), shall be initiated by submitting a request for Firearms Authorization (See Exhibit ''A'') through management channels to the Chief Adult Probation Officer requesting the permission to carry a firearm. This written request will be analyzed by the Chief Adult Probation Officer in terms of:
a. Documentation that the requesting individual has taken an initial firearms training course.
b. Observation and documentation of the following: serious physical impairment; drug, alcohol or emotional related problems; and/or receipt of a report from a certified psychiatrist or doctor stating the individual is unable to perform his prescribed duties. Under such circumstances, the employee will agree to have the information provided that is needed by the Court to make a decision. Such information gathered will be handled in a confidential manner by the Chief Adult Probation Officer as called for by the Court. Failure to agree to the release of this information by a treatment provider can result in the request to carry a firearm being denied.
Arrest team members desiring to carry, or have access to, a firearm in conjunction with the performance of their duties must first pass an initial firearms training program. This training is mandatory for all arrest/search team members.
Under no circumstances can a weapon be carried without the prior authorization of the Court.
Upon authorization, a firearm shall be issued by the Chief County Adult Probation Officer and only that weapon shall be carried in the performance of their duties.
3. Relinquishing Authorization
Once an arrest/search team member has been authorized to carry a firearm, that officer cannot request relinquishment of that authorization for at least 3 years. The decision to carry a firearm is a difficult and moral decision that must be considered carefully by the Officer before requesting authorization. Special situations that arise will be evaluated on an individual basis.
4. Firearms Not To be Carried Without a License
Since Probation/Parole Officers are declared peace officers with police powers to arrest offenders in violation of probation, parole or intermediate punishment, a license to carry a firearm during the performance of their official duties is not required. However, the department recommends that all weapon-carrying Officers obtain a license to carry a weapon. The costs of the permit shall be absorbed by the Officer.
5. Safety
The safe handling of weapons is of paramount concern. This involves the joint effort of individual staff, supervisors, and the overall agency in assuring that every possible effort is made to avert accidents, negligence or misuse.
6. Authorized Weapons and Equipment
Arrest/search team members are authorized to carry approved weapons only (Smith & Wesson Model M&P 40).
Staff shall use only approved and county issued holsters.
Arrest team members approved to carry a firearm will be issued a Smith & Wesson M&P .40 cal. and three (3) magazines with no more than fifteen (15) rounds of ammunition in each magazine.
Staff shall use only county/office issued ammunition.
Staff who have been approved and issued a firearm shall carry their firearm while performing field duties during working hours.
Staff carrying unapproved weapons do so at their own risk and are subject to having their authorization to carry a weapon withdrawn or possibly face disciplinary action.
a. Storing the Weapon
When in the field, weapons are to be carried but concealed on the individual and not left in the car, a briefcase, etc. where they are vulnerable to theft or use by others.
Firearms should not be left in vehicles or other unsecured areas. Should circumstances arise requiring the emergency or brief storage of a firearm, the containment area must be stationary, locked and inaccessible to all except the probation officer.
Where firearms storage cabinets are provided, staff will secure their weapons in these cabinets while working in the Courthouse. If this cabinet is not utilized or available, staff must keep firearms and holsters concealed on their person. Weapons and/or holsters shall not be displayed. Under no circumstances are weapons to be stored anywhere in the office other than the approved storage cabinet. Provisions for the safe storage of any unassigned weapons should be made with an appropriate local law enforcement agency or by the Chief Adult Probation Officer.
When at home the officer shall secure their weapon where it is safe and not accessible to others. Firearm lock boxes, issued with the weapon, must be used whenever the weapon is not being carried, and the ammunition must be removed and stored separately to further reduce the chances of an accident.
Under no circumstances will staff dry fire weapons in the office.
b. Care, Cleaning and Inspection
Weapons shall be inspected for cleanliness prior to any practice or qualification.
Individuals to whom a firearm is issued are responsible for the care and cleaning of the weapon and for the proper use of safety equipment. If defects are noted or repairs are needed, the individual should effect repairs and immediately notify the Chief Adult Probation Officer or office firearms instructor.
Weapons shall be cleaned immediately following their use (practice, qualifying). Also, weapons shall be cleaned at least once a month regardless of their use.
7. Handling of Special Occurrences
In the case of theft, loss, allegations of misuse, or the discharge of a weapon, a prompt inquiry will be initiated involving the Chief Adult Probation Officer and the Court. A written report of this investigation shall be completed and received in writing within two (2) working days of the initiation of the request. Extensions of up to an additional three (3) days may be granted with the approval of the Court.
Additional steps in handling each type of situation follow:
a. Lost or Stolen Weapons
l.) All lost or stolen weapons will be immediately reported to the local police and State Police providing the weapon serial number, details of the occurrence, person discovering theft, etc.
2.) The Chief Adult Probation Officer will be notified as soon as possible followed promptly by a memorandum from the employee involved, fully explaining the circumstances.
3.) The Chief Adult Probation Officer will notify the Court who will decide if further inquiry is necessary.
4.) Where a weapon is damaged or lost through the employee's negligence or misuse, the employee will be held responsible for the costs of repair or replacement of the weapon and may face additional disciplinary action.
b. Discharge of a Weapon
1.) Any discharge or firing of an authorized weapon other than during agency-approved training, or during practice at an established range, must be reported immediately to the Chief Adult Probation Officer by the employee firing the weapon providing the exact location and time of the incident, a detailed description of the incident, names and addresses of any witnesses, reasons the firearm was fired, names of any investigating police officers, and information that may be necessary in understanding and investigating the incident. The failure to promptly report the discharge of a weapon may result in disciplinary/corrective action. This information will be immediately conveyed, followed by a complete written report to the Chief Adult Probation Officer through the Court.
2.) In the event death or injury results from the discharge of a weapon, local and State Police must be immediately notified by the person discharging the weapon. The area in which the discharge occurred must be secured and cordoned off as soon as possible. The officer shall remain in the area until dismissed by the Law Enforcement Agent (LEA) in charge or by the Chief Adult Probation Officer.
3.) The Chief Adult Probation officer will contact the Court, and they will decide what course of action is necessary in investigating the incident.
c. Warning Shots
1.) Probation officers are prohibited from firing warning shots under any circumstances.
2.) Warning shots are usually not aimed at a specific target; therefore, they may create a danger to other probation officers and the public.
3.) Warning shots invite inappropriate responses from other probation officers who may mistake the intention of the warning shot and subsequently shoot at the subject without appropriate justification.
d. Rescue Shots
1.) A rescue shot is utilized for the purpose of identifying location and/or acquiring appropriate assistance.
2.) An officer who is in danger of death or serious bodily injury and incapacitated to such an extent that they cannot signal in any other manner, may fire a rescue shot(s). Probation officers must exercise reasonable care in these situations.
e. Target Identification and Isolation
1.) Probation officers facing a decision to use deadly force must be cognizant of any innocent third parties that may be present in or near the line of fire.
2.) Probation officers are prohibited from discharging firearms when they cannot identify their target and it appears reasonable and likely that an innocent person(s) may be injured, unless the prohibition in discharging a firearm is likely to result in the death or serious bodily injury of the probation officer or another person.
3.) Probation officers shall establish target identification and target isolation. Target identification shall be defined as an empirical verification of a person at which force may be directed and used. Target isolation shall be defined as the ability to segregate a target from surrounding people or objects.
f. Shooting and Moving Vehicles
Probation officers shall not discharge a firearm at or from a moving vehicle except under the following conditions:
1.) As a last resort measure of self-defense when the subject is using deadly force by means other than the vehicle.
2.) As a last resort of self-defense when a vehicle is being driven in a manner deliberately intended to kill or injure an officer or another person.
3.) In deciding to shoot at a moving vehicle, probation officers must take into account the following limitations and consequences:
a.) the difficulty of hitting a moving target;
b.) the possibility of ricochets striking unintended targets;
c.) population densities;
d.) the difficulty in penetrating the automobile body and/or steel-belted radial tires;
e.) the inability to stop a vehicle's momentum even when the target actor is hit; and
f.) the possibility of damage or injury that might result from causing the vehicle to go out of control.
8. Incidents or Allegation
An incident is defined as, but not limited to:
a. Allegations of misuse of a firearm.
b. The drawing or displaying of a weapon during performance of duty.
It is the responsibility of the individual carrying a firearm to report immediately to the Chief Adult Probation officer any incidents or situations that may result in allegations being made or complaints filed regarding the use or displaying of a firearm. Other staff who observe any unusual situation involving a firearm should verbally report it to the Chief Adult Probation Officer/firearm instructors.
The Court will be promptly notified by phone by the Chief Adult Probation Officer of all incidents. If the Chief Adult Probation Officer is the subject of the incident or allegation, the notification or report should be made directly to the Court.
9. Other Incidents or Special Occurrences
Other incidents of noncompliance with policies, such as failure to properly maintain, failure to carry a weapon concealed in the office, carrying or use of unauthorized equipment, or modifications of equipment, will be handled on a local level with a memo to the Court.
10. Surrender of Weapon
The Chief Adult Probation Officer will withdraw authorization to carry a weapon upon the following circumstances:
a. From an employee involved in a serious weapon incident until the investigation is complete.
b. If an employee is observed in unsafe behavior with a weapon, fellow employees or supervisors.
c. If upon inspection by the Chief Adult probation officer the employee's weapon has been damaged through negligence, recklessness, or misuse.
d. When an employee is terminated, suspended, or on extended leave.
e. When an employee fails to obtain a passing score on bi-annual firearms requalification, held every 6 months.
f. Upon observation and documentation by the Chief Adult Probation Officer of: serious impairment; drug, alcohol or emotionally related problems; and/or receipt of a report from a certified psychiatrist or doctor stating the individual is unable to performs his/her prescribed duties. Under such circumstances, the employee will agree to the release of pertinent information by a treatment provider such that a decision can be made concerning his/her ability to carry a firearm in a responsible manner. Information gathered will be handled in a confidential manner in keeping with Court policy. Failure to agree to this release of information will require that the firearm be surrendered and authorization withdrawn.
The Chief Adult Probation Officer may suspend the authorization to carry a weapon should an immediate need be presented and/or in the event one of the previously cited conditions exists.
Other sanctions may be considered by the Court based on the findings and depending on the degree of negligence or malpractice.
The concerned employee may appeal the Chief Adult Probation Officer's decision in writing through appropriate channels. The Court has final reviewing responsibility and authority in these matters.
11. Training
a. Initial qualifications
Arrest/search team members requesting permission to carry a firearm must attend the Basic Firearms Training course as outlined by the County Probation/Parole Firearm Education and Training Commission (per Act 158 of 1994), consisting of: three days of classroom and four days of range firing, according to a schedule provided by the Commission. This training will be augmented with deadly force response and decision making training through use of the AIS PRISim® program available at the Public Safety Training Center.
Those staff failing to obtain a passing score on the first course will be permitted to retake the training a second time depending on the financial training budget or at their own expense.
b. Re-qualification
1.) In order to maintain the authorization to carry a firearm personnel must re-qualify twice per year with the firearm the officer will be carrying. The re-qualifications are mandatory to continue to carry a firearm with the minimum passing score being 75%. These courses will be held and organized by the head firearm instructor for the Department as approved by the Chief Adult Probation Officer. The re-qualification is the County Probation/Parole Officers Firearm Education and Training Commission's course of fire. The procedures for qualification on this course are governed by the Commission and allow for one practice and two attempts on the course of fire during each opportunity to qualify. If the officer fails at that point there must be a period of remedial practice and another opportunity to qualify will be permitted within 30 days. Failure to qualify during the second opportunity will require the officer to retake the range portion of the basic firearms class sponsored by the Commission.
Following the completion of an initial qualification or requalification program, the Chief Adult Probation Officer shall record copies of the scores of each individual taking the training. Notation of these scores will be made in the employee's file.
2.) All officers will be subject to mandatory training as determined and outlined by the Chief of Adult Probation Officer to included dim-light shooting, tactical courses of fire and advanced firearms training as mandated by the department and/or the County Probation/Parole Officers Firearm Education and Training Commission.
3.) All arrest/search team members will be required to attend the 5 supplemental trainings provided by the Commission as time and schedules permit.
12. Conditions for Carrying a Firearm
All weapon-carrying officers shall carry their firearm concealed and under the following circumstances:
a. During an arrest or search and seizure situation;
b. While conducting field contacts, including after-hour investigations by assigned on-call personnel;
c. Range qualification and related training, including practice shooting;
d. While in the offices of Adult Probation.
Firearms are to be carried in a concealed manner on the officer, under an article of clothing, except that when participating in an arrest/search situation, the officer may position the weapon in an unconcealed manner to enhance accessibility.
Additionally, officers must carry their departmentally issued baton and oleoresin capsicum spray. Officers are required to wear their ballistic vest at all times while armed. Officers have the option of storing their weapon in the secure locker should they want to remove their ballistic vest.
13. Displaying a Firearm
Firearms shall not be displayed or drawn for any other reason than described below:
a. During an arrest/search situation.
b. Justifiable self-protection or the protection of others.
c. When the officer perceives an immediate threat of death or serious bodily injury.
d. Cleaning the firearm, storage and inspection.
e. Range qualification or practice shooting.
f. Storage at a correctional facility, courthouse or other secure facility.
14. Handling of Firearms
The continued authorization to carry a firearm will depend on the following:
a. The officer's compliance with agency policy and procedure.
b. The officer's ability to handle the firearm in a safe manner.
c. The officer's ability to conduct himself/herself in a safe and proper manner while in possession of the firearm.
d. Except for general maintenance, storage, or authorized training, officers shall not draw or exhibit their firearms unless circumstances create strong reasonable belief that it may be necessary to lawfully use the weapon.
e. In those situations, the officer shall exercise a reasonable standard of care with the drawn weapon. At a minimum, reasonable care includes: pointing the muzzle in a safe direction; keeping the trigger finger outside the trigger guard.
f. The use of handling of a firearm by an officer, on or off-duty, in a careless or imprudent manner or the unjustified endangering of human life by a firearm in violation of this policy statement is strictly forbidden and shall result in a disciplinary investigation and may result in the revocation of authorization to carry a firearm, and other possible disciplinary action in accordance with County/Court policy, which may include dismissal from the department.
g. The department does not authorize or recognize the carrying of an agency issued firearm during off-duty hours. Paid leave status for the purpose of this policy statement shall be deemed as ''off-duty.''
A violation of any of the above procedures will result in an investigation being conducted by the Chief Adult Probation Officer or his designee. After the completion of that investigation a decision will be made about the officer's continued authorization to carry a firearm.
15. Violation of Firearm Policy
Non-compliance with the firearms policy by an employee shall result in disciplinary action being imposed on that employee consistent with court policy.
**Note: All circumstances that may occur when effecting arrest/search cannot be predicted. The above procedures are not meant to hamper the individual discretion of each staff member, but to act as a guide in carrying out this responsibility. Any injury or unusual incidents occurring during the effect of arrest shall be reported immediately to the Chief Adult Probation Officer or his designee.
Effective September 15, 2010
FIREARMS AUTHORIZATION REQUEST I, ______ , an adult probation/parole officer for the Bucks County Adult Probation/Parole Department and member of the Arrest/Search Team, a division of the Court of Common Pleas, Seventh Judicial District, do hereby request authorization to 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. I have also been free of disciplinary action for the past two years.
3. I do not have a problem with drugs or alcohol. I am not presently using any drugs, except as authorized be 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' Firearms Education and Training Commission).
7. I have completed range instruction and have qualified in a practical phase of shooting (County Probation/Parole Officers' Firearms Education and Training Commission).
8. I will only use my firearm for defensive purposes only, where retreat is not possible and death or serious bodily injury is imminent.
9. I have successfully completed training in chemical agents and impact weapons and have received certifications.
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 aforementioned information shall result in the appropriate disciplinary action.
_________________
Signature
Date
EXHIBIT ''A''
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 defensive tactics. [ ] Yes [ ] No
4. Successful completion of chemical agent and expandable baton training. [ ] Yes [ ] No
5. Successful completion of Use of Force Training.
[ ] Yes [ ] No6. Successful completion of training at the County Probation and Parole Officer's Firearms and Education and Training Commission. [ ] Yes [ ] No
7. Ability to demonstrate proficiency, safety and knowledge in the proper use and handling of a firearm. [ ] Yes [ ] No
AUTHORIZATION
REQUEST GRANTED [ ] REQUEST DENIED [ ] Chief Adult Probation/Parole Officer:
I, Sean R. Ryan, 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
Date
[Pa.B. Doc. No. 10-1577. Filed for public inspection August 27, 2010, 9:00 a.m.]
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