Questions Regarding Police Procedures
1. Are the police officers in Lisle being trained to de-escalate altercations by using peaceful conflict resolution strategies?
The Police and Community Relations Improvement Act (50 ILCS 727) and Illinois Police Training Act (50 ILCS 705) mandate training requirements for active police officers in the State of Illinois, including the types of training referenced above. The Illinois Law Enforcement Training and Standards Board is the state agency mandated to oversee training requirements, curriculum and standards.
Mandated training for active police officers includes:
- Civil Rights
- Constitutional and Proper Use of Law Enforcement Authority
- Cultural Competency (including implicit bias and racial and ethnic sensitivity)
- Human Rights
- First Responder Procedural Justice (including impartiality, reasonable use of force, de- escalation training, crisis intervention team training, verbal and non-verbal communication, bias awareness, language and cultural responsiveness); and,
- Mental Health Awareness (including de-escalation training)
- Domestic Violence/Sexual Assault Response
New officer certification through the Law Enforcement Basic Academy is a curriculum of 560 hours, which includes training in de-escalation, communication in the police environment, control and arrest tactics, procedural justice and mental illness behavior. An extra 20-week Field Training Program provides new officers with additional training opportunities under the supervision of a veteran Field Training Officer.
The Lisle Police Department is also proud to note that 19 police officers are Crisis Intervention Team (CIT) certified (40 hours of training) and all members of the department have received training in Mental Health First Aid.
2. Are the police officers in Lisle forbidden from using carotid restraints (chokeholds, strangleholds, etc.) and hog-tying methods? Furthermore, are they forbidden from transporting civilians in uncomfortable positions, such as face down in a vehicle?
The Illinois Criminal Code (720 ILCS 5-7-5.5) details prohibited use of force by peace officers. A “chokehold,” meaning the application of direct pressure to the throat, windpipe, or airway of another with the intent to reduce or prevent the intake of air, is unlawful under the Illinois Criminal Code when used by a law enforcement officer in any situation where deadly force is not justified. It is therefore unlawful for a Lisle Police officer to use a chokehold where deadly force is not justified.
It is the policy of the Lisle Police Department to handcuff arrestees behind their back unless there is a medical issue or physical limitation where it would otherwise be precluded (e.g. pregnancy, broken or missing limb). When placed in the back of a Lisle Police Department squad car, arrestees are seated in an upright position in the back seat and secured with a seat belt. The Lisle Police Department does not use prone maximal restraint methods (e.g. “hog-tying”).
3. Are the police officers in Lisle required to intervene if they witness another officer using excessive force? Will officers be reprimanded if they fail to intervene?
Police officers shall intervene when excessive force is being exhibited. Officers using any type of force are accountable for its use. In all allegations of excessive force, an internal investigation will commence by the order of the Chief of Police and where found, may result in discipline ranging from reprimand through suspension or termination.
Any officer present and observing another officer 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. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor.
Additionally, an officer who purposefully allows a fellow officer to violate an individual’s Constitutional rights may be subject to prosecution for a failure to intervene. Failure to intervene may be found where an officer was aware of the Constitutional violation, had an opportunity to intervene, and chose not to do so.
4. Are the police officers in Lisle forbidden from shooting at moving vehicles?
Police Officers in Lisle will not discharge a firearm at or from a moving vehicle unless the use of deadly force is justified. The Illinois Criminal Code (720 ILCS 5/7-5) sets forth the parameters of a police officer’s use of force in making an arrest and including the use of deadly force.
Further, it is the policy of the Lisle Police Department that officers are prohibited from using deadly force against “fleeing felons” when the only condition for the use of force is that the individual is a “fleeing felon.”
5. Is there a clear and enforced use-of-force continuum that details what weapons and force are acceptable in a wide variety of civilian-police interactions?
The Lisle Police Department Policy regarding use of force, specifically “Factors Used to Determine the Reasonableness of Force” outlines the factors that an officer considers in a variety of police interactions. The use of force continuum provides for:
- Officer Presence
- Verbal Direction
- Empty-Hand Control
- Intermediate/Non-Deadly Force options
- Lethal Force
6. Are the officers in Lisle required to exhaust every other possible option before using excessive force?
Pursuant to Lisle Police Department Policy, officers shall use only the force necessary to accomplish lawful objectives, not excessive force. While force may be used in certain circumstances, it shall be to accomplish lawful objectives and only to the extent reasonably necessary in light of the circumstances confronting the officer. Lisle Police Department Policy is explicit that officers using any type of force are accountable for the force that was used. The Lisle Police Department takes all use of force incidents seriously and is committed to review and evaluate all use of force incidents.
In the event where a firearm is discharged, local compliance with the Police and Community Relations Improvement Act (50 ILCS 727) mandates that an investigation by the DuPage County States Attorney’s Office and/or the Illinois State Police would be initiated.
7. Are the officers in Lisle required to give a verbal warning to civilians before drawing their weapon or using excessive force?
Lisle Police Department policy provides that when an officer is faced with an arrest situation, whenever feasible, the officer should advise the subject that they are under arrest prior to the commencement of physical action (hand control, TASER, baton, firearm) used to take the subject into custody. Officers shall use force only to the extent reasonably necessary to accomplish lawful objectives in light of the circumstances confronting the officer, not excessive force. Officers using any type of force are accountable for the force that was used. The Lisle Police Department takes all use of force incidents seriously and is committed to review and evaluate all use of force incidents.
8. Are the officers in Lisle required to report each time they threaten to or use force on civilians?
Yes. Policies of the Lisle Police Department provide for report and review in each instance when an officer is involved in any incident requiring the use of force beyond the routine act of handcuffing. Whenever an officer is involved in any incident beyond the routine act of handcuffing, a post event report is written and a review of the incident is conducted by supervisory staff. The Lisle Police Department takes all use of force incidents seriously and is committed to review and evaluate all use of force incidents.
9. Are the officers in Lisle thoroughly vetted to ensure that they do not have a history with abuse, racism, xenophobia, homophobia / transphobia, or discrimination?
Yes. The Village of Lisle Board of Fire and Police Commissioners is responsible for recruiting, selecting and appointing qualified candidates for positions as Police Officer. The police recruitment and selection process is a comprehensive and thorough process involving the following elements:
- Written application with references and acquaintances
- Written examination
- Oral interview with questions covering different forms of discrimination
- Polygraph examination
- Psychological examination
- Medical examination
- Background check/investigation
The portions of the officer selection process that would most directly screen for candidates with a history of abuse, discrimination or bias as referenced above are listed above in bold.
10. Are the officers in Lisle trained to perform and seek necessary medical action after using excessive force?
It is the policy of the Lisle Police Department that if an injury is alleged or results from a police officer’s use of force, it shall be the involved officer’s responsibility to ensure that adequate medical care is made available to the injured party as soon as practicable.
Protocol for providing medical aid includes notification of the supervisor and summoning of medical assistance (paramedics). Documentation of the incident shall include photographs of injuries and a written report. Additionally, all Lisle police officers are trained in first aid, CPR and the medical administration of Narcan.
Officers shall use force only to the extent reasonably necessary to accomplish lawful objectives in light of the circumstances confronting the officer, not excessive force. Officers using any type of force are accountable for the force that was used.
11. Is there an early intervention system enforced to correct officers who use excessive force? Additionally, how many complaints does an officer have to receive before they are reprimanded? Before they are terminated? Are more than three complaints unacceptable?
The Lisle Police Department records, reviews and evaluates every incident that involves use of force by an officer. The data that is collected is evaluated and aggregated on an annual basis. The Lisle Police Department’s commitment to ongoing review and evaluation of all use of force cases, by design, facilitates early warning, intervention, and remedial action where warranted.
The Lisle Police Department takes all use of force incidents seriously and is committed to review and evaluate all use of force incidents. Therefore, there is no specific number of complaints that will warrant a predetermined level of discipline. Discipline up to and including reprimand, suspension, or termination may result from a single incident, where warranted, based upon the totality of the circumstances.
12. Is there a report on civilian deaths that occurred in custody as a result of use of excessive force by a police officer?
There have been no civilian deaths that have occurred in the custody of the Lisle Police Department, resulting from any use of force by a Lisle Police Officer. In the event that a civilian death were to occur in custody, for any reason, Lisle Police Department policy would require an investigation by the DuPage County States Attorney’s Office and the Illinois Department of Corrections. In the event of an in-custody death suspected to have occurred as a result of the use of excessive force by a police officer, it is also anticipated that the Illinois Attorney General’s Office as well as the United States Department of Justice would commence an investigation.