taser ® risk avoidance program (rap) michigan municipal risk management authority
TRANSCRIPT
MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY
MMRMA is a public entity self-insurance pool which provides liability and property coverage.
We provide local governments the opportunity to protect their organizations, their employees, their offices and their citizens from unexpected liability and property losses.
In addition to our broad and high limits of liability and property coverage's, MMRMA provides risk management, claims administration, legal defense and reinsurance services to its members.
OUR MEMBERS ARE…
• Villages, Townships, Cities and Counties• Health-related facilities• Municipal authorities• Boards and commissions• Library and library systems• Courts• Transportation authorities• 911 Public Safety Communication systems• Cable Communication systems
LAW ENFORCEMENT DEMOGRAPHICS
MMRMA represents 149 law enforcement agencies in Michigan
Approximately 6,000 officers are employed by those agencies
LEGISLATIVE HISTORY FOR TASER ECDS IN MICHIGAN
January 2003 TASER ECD use approved in Michigan for:
Police officersState correction officersLicensed Private InvestigatorsAircraft pilot or crew memberProbation officerCourt officerBail agent
LEGISLATIVE HISTORY (cont.)
September 2004 statute amended:
Local correction officers added
Michigan has a distinction between a “sworn peace officer” and a “corrections officer”
RISK AVOIDANCE PROGRAM (RAP)
Projects which involve the potential for reduction in risk and liability exposure
May of 2003 the TASER RAP reimbursement project approved
Policy & Procedure for TASER developed for Public Safety Officers
RISK AVOIDANCE PROGRAM (RAP)
MMRMA’s program began in 2003
By 2006 123 law enforcement agencies were taking part in program
• Each department to have a use of force protocol• Each officer to be trained in use of TASER ECDs• Protocol must include supervisory review of each
TASER ECD use (we believe key to success in low # claims)
• Copy of police report forwarded to MMRMA• Medical clearance on subjects (first 18 months)• Adopt our model policy/procedure
REQUIREMENTS OF TASER RAP PROGRAM
TASER RAP PROGRAM
• Train-the-trainer program around state• Included presentation at Ingham Regional
Medical Center• July 2003, began partial reimbursement for
TASER ECDs• 2005 recognized as a standardized RAP grant • As of December 2008 distributed over
$289,550
TASER REPORTING DATA
123 police/sheriff agencies taking part in program
Represents ≈5000 officers
75 Departments have complied with our incident reporting requirement (60%)
TASER USE DEFINITIONS
Deployment – probes are discharged
Drive stun – contact pain compliance
Presentation – TASER ECD presented with laser and/or spark demonstration
Failure – (defined by agency)
TASER DATA
1,768 TASER incidents consisting of:
1,002 TASER ECD deployments
560 Drive stuns
132 Presentations
74 Failures
TASER INJURIES
Of the 1,768 incidents, there have been 83 reported secondary injuries or 4.6%
Significant injuries: 1 injury reported -- probe contact to the eye 1 injury reported -- infection developed while
at hospital (second party involvement) 1 injury reported -- probe contact to the head
TASER ECD USE DATA (cont.)
Of the 1,768 TASER ECD incidents:
899 reported instances of substance abuse (50.8%). Of this:
• 748 involved the use of alcohol (42.3%)• 151 instances of drugs/narcotics use (8.5%)
152 or 8.5% incidents were reported involving individuals needing psychiatric intervention
EXCESSIVE FORCE CLAIMS REPORTED BY MEMBERS
Year Claims
2000 66
2001 46
2002 61
2003 84
2004 125
2005 68
2006 57
2007 49
2008 17
REPORTED LOSSES FOR EXCESSIVE FORCE CLAIMS
Year Claim Amounts2000 $2,712,9792001 $ 922,1472002 $2,081,9712003 $7,068,2322004 $6,448,3162005 $6,085,5162006 $ 831,9432007 $ 508,3402008 $ 366,600
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
2000 2001 2002 2003 2004 2005 2006 2007 2008
Losses
LOSSES FOR EXCESSIVE FORCE$
Do
llars
Year
$2,712,979
$922,147
$2,081,971
$7,068,232
$6,448,316
$6,130,516
$891,943$550,840
$366,600
LITIGATION INVOLVING TASERMMRMA did not receive any claims, notice of claims or lawsuits for excessive force involving our members utilizing the TASER ECD for the calendar year 2008.
Of the 1,768 TASER ECD incidents occurring over the last 6 years:
27 incidents (1.5%) have been reported:
• 7 closed with $0 distribution• 9 closed with $255,500 total distribution • Average of $28,389 per incident• Of the remaining 11 incidents which remain as open and
active in litigation, none appear to offer significant opposition to their defense
FUTURE TRAINING CONSIDERATIONS
Drive stun as pain compliance technique; very limited success on subjects under influence
“Social perceptions and concerns creating need for elevated justification factors”
Seniors, subjects age, children, restrained subjects, passive subjects being seized, use on animals; male officers/female subject activation
Drive stun to neck
Securing subject during TASER activation
FUTURE TRAINING CONSIDERATIONS (cont.)
TASER ECD activation on elevated platform
Instructor selection
Probes missing intended target, not a TASER ECD failure
Two or more TASER applications on single subject – documentation
TASER ECD application for controlling diabetic reaction
PROGRAM ACCOMPLISHMENTS
Negligible number of claims in reserve
Decreasing excessive force complaints
Low reported cases involving litigation
MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY
Mike Berthā
MMRMA
14001 Merriman Road
Livonia, MI 48154
Office – 734-245-7764 Cell – 734-216-9789
Email – [email protected]