TASER® Risk Avoidance Program (RAP)

MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY

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

TASER® ELECTRONIC CONTROL DEVICES (ECDS)

IN MICHIGAN

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

3 TASER RAP PROGRAMS

Law enforcement reimbursement program

Jail and lock-up program

Court 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

1,768 TASER INCIDENTS REPORTED BY PARTICIPATING DEPARTMENTS

560

132

1,002

74

TASER DATA 2003-2008

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

EXCESSIVE USE OF FORCE REPORTED BY MEMBERS

66

46

61

84

125

6857

49

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 – mbertha@mmrma.org