MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY TASER Risk Avoidance

MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY TASER® Risk Avoidance Program (RAP)

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 Ø Ø MMRMA represents 149 law enforcement agencies in Michigan Approximately 6, 000 officers are employed by those agencies

TASER® ELECTRONIC CONTROL DEVICES (ECDS) IN MICHIGAN

LEGISLATIVE HISTORY FOR TASER ECDS IN MICHIGAN January 2003 TASER ECD use approved in Michigan for: Ø Ø Ø Ø Police officers State correction officers Licensed Private Investigators Aircraft pilot or crew member Probation officer Court officer Bail agent

LEGISLATIVE HISTORY (cont. ) September 2004 statute amended: Ø Local correction officers added Ø Michigan has a distinction between a “sworn peace officer” and a “corrections officer”

RISK AVOIDANCE PROGRAM (RAP) l Projects which involve the potential for reduction in risk and liability exposure l May of 2003 the TASER RAP reimbursement project approved l Policy & Procedure for TASER developed for Public Safety Officers

RISK AVOIDANCE PROGRAM (RAP) l MMRMA’s program began in 2003 l By 2006 123 law enforcement agencies were taking part in program

3 TASER RAP PROGRAMS Ø Law enforcement reimbursement program Ø Jail and lock-up program Ø Court program

REQUIREMENTS OF TASER RAP 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

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 p 123 police/sheriff agencies taking part in program p Represents ≈5000 officers p 75 Departments have complied with our incident reporting requirement (60%)

TASER USE DEFINITIONS p Deployment – probes are discharged p Drive stun – contact pain compliance p Presentation – TASER ECD presented with laser and/or spark demonstration p Failure – (defined by agency)

TASER DATA 1, 768 TASER incidents consisting of: l 1, 002 TASER ECD deployments l 560 Drive stuns l 132 Presentations l 74 Failures

1, 768 TASER INCIDENTS REPORTED BY PARTICIPATING DEPARTMENTS 132 560 74 1, 002 TASER DATA 2003 -2008

TASER INJURIES Ø Of the 1, 768 incidents, there have been 83 reported secondary injuries or 4. 6% Ø Significant injuries: 1 injury reported -- probe contact to the eye Ø 1 injury reported -- infection developed while at hospital (second party involvement) Ø 1 injury reported -- probe contact to the head Ø

TASER ECD USE DATA (cont. ) Of the 1, 768 TASER ECD incidents: Ø 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%) Ø 152 or 8. 5% incidents were reported involving individuals needing psychiatric intervention

EXCESSIVE FORCE CLAIMS REPORTED BY MEMBERS Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 Claims 66 46 61 84 125 68 57 49 17

EXCESSIVE USE OF FORCE REPORTED BY MEMBERS 125 84 66 61 46 68 57 49 17

REPORTED LOSSES FOR EXCESSIVE FORCE CLAIMS Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 Claim Amounts $2, 712, 979 $ 922, 147 $2, 081, 971 $7, 068, 232 $6, 448, 316 $6, 085, 516 $ 831, 943 $ 508, 340 $ 366, 600

$ Dollars LOSSES FOR EXCESSIVE FORCE $7, 068, 232 $6, 448, 316 $6, 130, 516 $2, 712, 979 $2, 081, 971 $922, 147 $891, 943 $550, 840 $366, 600 Year

LITIGATION INVOLVING TASER MMRMA 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: Ø 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 n n 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 n Drive stun to neck n Securing subject during TASER activation

FUTURE TRAINING CONSIDERATIONS (cont. ) n TASER ECD activation on elevated platform n Instructor selection n 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 Ø Negligible number of claims in reserve Ø Decreasing excessive force complaints Ø 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 – mbertha@mmrma. org