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TASER ® Risk Avoidance Program (RAP) MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY
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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.
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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
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LAW ENFORCEMENT DEMOGRAPHICS MMRMA represents 149 law enforcement agencies in Michigan Approximately 6,000 officers are employed by those agencies
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TASER ® ELECTRONIC CONTROL DEVICES (ECDS) IN MICHIGAN
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LEGISLATIVE HISTORY FOR TASER ECDS IN MICHIGAN January 2003 TASER ECD use approved in Michigan for: Police officers State correction officers Licensed Private Investigators Aircraft pilot or crew member Probation officer Court officer Bail agent
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LEGISLATIVE HISTORY (cont.) September 2004 statute amended: Local correction officers added Michigan has a distinction between a “sworn peace officer” and a “corrections officer”
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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
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RISK AVOIDANCE PROGRAM (RAP) MMRMA’s program began in 2003 By 2006 123 law enforcement agencies were taking part in program
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3 TASER RAP PROGRAMS Law enforcement reimbursement program Jail and lock-up program Court program
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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
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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
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TASER REPORTING DATA 123 police/sheriff agencies taking part in program Represents ≈5000 officers 75 Departments have complied with our incident reporting requirement (60%)
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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)
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TASER DATA 1,768 TASER incidents consisting of: 1,002 TASER ECD deployments 560 Drive stuns 132 Presentations 74 Failures
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1,768 TASER INCIDENTS REPORTED BY PARTICIPATING DEPARTMENTS 560 132 1,002 74 TASER DATA 2003-2008
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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
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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
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EXCESSIVE FORCE CLAIMS REPORTED BY MEMBERS Year Claims 2000 66 2001 46 2002 61 2003 84 2004125 2005 68 2006 57 2007 49 2008 17
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EXCESSIVE USE OF FORCE REPORTED BY MEMBERS 66 46 61 84 125 68 57 49 17
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REPORTED LOSSES FOR EXCESSIVE FORCE CLAIMS Year Claim Amounts 2000$2,712,979 2001$ 922,147 2002$2,081,971 2003$7,068,232 2004$6,448,316 2005$6,085,516 2006$ 831,943 2007$ 508,340 2008$ 366,600
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LOSSES FOR EXCESSIVE FORCE $ Dollars Year $2,712,979 $922,147 $2,081,971 $7,068,232 $6,448,316 $6,130,516 $891,943 $550,840 $366,600
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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: 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
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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
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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
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PROGRAM ACCOMPLISHMENTS Negligible number of claims in reserve Decreasing excessive force complaints Low reported cases involving litigation
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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
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