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less-than-lethal-devices-policy-guide-0517pg — Part 01
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UNCLASSIFIED//FOUO
(U//FOUO) Less-Than-Lethal Devices Policy Guide
6. (U) Recordkeeping Requirements.
(U) This section addresses the specific reporting, investigating, documentation, and
annual reviewing requirements for the use of less-than-lethal device incidents..
(U) Reporting an Incident
(U) Any use of a less-than-lethal device by an SA, a task force officer, a task force.
member, a task force participant, an FBI police officer, or other approved FBI employee
must be reported as soon as practicable, but within 48 hours to SIOC and the chief.
inspector, INSD (Inspection Division). The INSD must determine whether to deploy an
investigative team or delegate investigation to the field office..
(U) For the purposes of this reporting requirement, "use" of any less-than-lethal device is.
intended to be the actual deployment and utilization of the device (i.e., striking a person
or animal with the expandable baton or spraying the chemical agent from the canister at a.
person or animal). Merely displaying any device with the intention to use it, but
ultimately failing to utilize it in the manner intended, would not constitute a reportable
event.
(U) Review of the Incident
(U) In cases where INSD delegates authority, the SAC must designate an ASAC or SSA.
to complete and submit an FD-1085 within 30 days. If a task force officer, task force
member, or task force participant utilizes a less-than-lethal device while participating in
an FBI joint task force operation, the investigative review must be delegated to the task
force officer, task force member, or task force participant agency.
(U) Documenting the Incident.
(U) All uses of less-than-lethal devices must be documented utilizing the "Less Than
Lethal Device/Shooting Incident Report" (FD3-10$5). INSD will complete the FD-1085 in.
all cases where INSD investigates the incident. In delegated reviews, including those
reviews completed by the task force officer, task force member, or task force participant.
agency, the FD-1085 must be completed by the ASAC or SSA assigned from the field
office within 30 days of the incident..
(U) AnnuaI Review of Incidents.
(U) All uses of less-than-lethal devices must be reviewed at least annually by a review
board consisting of INSD, DOJ, Office of General Counsel, Training Division/Physical
Training Unit, and Criminal Investigative Division. The board must review all incidents
of Iess-than-lethal devices and determine whether the use of the device was appropriate
and in accordance with established policy. INSD must prepare an annual report on the
use of less-than-lethal devices..
13
UNCLASSIFIED//FOUO
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