LEVEL OF
FORCE

LEVEL 1

LEVEL 2

LEVEL 3

FIREARM
DISCHARGE

-Kidnapping for International Law Enforcement Investigators C

PATROL GUIDE 221
TACTICAL OPERATIONS

Physical injury
1
Alleged excessive Level 1 force with no
injury

(Must respond to scene)

Force Investigation Division

(Must respond to scene)

Internal Affairs Bureau

Borough Investigations Unit
May Assist

(Must respond to scene)

C.O./X.O./Duty Captain

CEW/Taser = Lieutenant or Above

(Must be one rank above
the subject officer)

Immediate Supervisor

SUPERVISOR

USE OF FORCE – INVESTIGATIVE RESPONSIBILITY AND REPORTING GUIDE

Hand or foot strike
Forcible take-down
Wrestling a subject to ground
OC spray
CEW/Taser in cartridge mode
Mesh restraining blanket

Substantial physical injury
2
Alleged or suspected excessive force with
physical or substantial physical injury
Attempted suicide by prisoner

TYPE OF INJURY

Intentional striking of a subject with
an object (e.g. impact weapon)
Police canine bite
CEW/Taser in drive stun mode

Serious physical injury
Alleged or suspected excessive force with
serious physical injury
Attempted suicide by prisoner with serious
physical injury

OR

Deadly physical force
o Physical force that is readily
capable of causing death or
serious physical injury

EXAMPLES OF FORCE

Discharge of a firearm

2

Person dies
Seriously injured and likely to die
immediately prior to police custody,
during apprehension, or while in police
custody

1

REVISED M AY 27, 2016

3

METHOD OF
REPORTING

Threat, Resistance, or
Injury Incident
Worksheet

Threat, Resistance, or
Injury Incident
Worksheet &
Investigating Supervisor
Assessment Report

Threat, Resistance, or
Injury Incident
Worksheet &
Investigating Supervisor
Assessment Report

Threat, Resistance, or
Injury Incident
Worksheet & Typed
Letterhead (UF49)

>ALLEGATIONS of excessive force are typically made by civilian witnesses or subjects while SUSPICION of excessive force typically arises from a supervisor’s initial
assessment or subsequent investigation into an incident.
3
>Discharge of a CEW/Taser requires the Immediate/Investigating Supervisor to be in the rank of Lieutenant or above (discharges by ESU may be handled by a Sergeant).
>Ordering a subject to lay on the ground or guiding them in a controlled manner, drawing your firearm, using Velcro restraint straps, or using a polycarbonate shield to restrain
someone is not considered a reportable use of force in the context of this procedure.
>If one incident contains multiple MOS using varying levels of force or non-MOS receive varying levels of injury, the supervisor responsible for the highest force/injury level will
conduct the investigation.
>A TRI-Investigating Supervisor Assessment Report is completed by the CO/XO/Duty Captain or IAB to document the results of their investigation of a Level 2 or 3 incident.

FORCE POLICY REVISION

-Kidnapping for International Law Enforcement Investigators C

PATROL GUIDE 221
TACTICAL OPERATIONS

TYPES OF INJURY OR ILLNESS DEFINED
Impairment of physical condition and/or substantial pain, including:
PHYSICAL INJURY

a. Minor swelling, contusion(s), laceration(s), and/or abrasion(s)
b. Complaint of substantial pain
Any substantial impairment of physical condition or substantial
protracted pain, including:

SUBSTANTIAL
PHYSICAL INJURY OR
ILLNESS

a. Significant contusion(s)
b. Laceration(s) requiring multiple sutures
c. Any injury or condition that resulted from police contact or action
requiring treatment at a hospital emergency room
Physical injury or illness which creates a substantial risk of death, or
which causes death or serious and protracted disfigurement,
protracted impairment of health, or protracted loss or impairment of
the function of any bodily organ or limb, including:
a. Broken/fractured bone(s)

SERIOUS PHYSICAL
INJURY OR ILLNESS

b. Any injury or condition that resulted from police contact or action
resulting in a hospital admission
c. Gunshot wound
d. Heart attack, stroke, or other life-threatening/serious illness/injury

NOTES: Minor redness or a complaint of pain or discomfort resulting from the proper use of handcuffs
does not constitute a Physical Injury, nor does a complaint of substantial pain related to drug withdrawal
or a previously existing medical condition. These complaints, while not defined as a Physical Injury for
reporting and investigation purposes, will nevertheless be treated by promptly obtaining proper medical
attention when requested or visibly necessary.
Any illness or injury sustained by a subject prior to police action that requires transport to and treatment at
a hospital emergency room shall not be deemed a Substantial Physical Injury in the context of this
procedure (i.e. narcotics dependency/withdrawal or a pre-existing medical condition). A TRI Report will
not be prepared in these instances. See PG 210-04, Prisoners Requiring Medical/Psychiatric Treatment.
The routine washing of a subject's eyes subsequent to the discharge of OC spray or the removal of
CEW/Taser darts and routine examination of a subject who received a CEW/Taser discharge at a hospital
emergency room shall not be classified as a Substantial Physical Injury in the context of this procedure.
RESISTING ARREST RECIDIVIST: A suspect who is currently under arrest for Assault 2° (PL 120.05[3]),
Assault on a Police Officer/Fireman/EMS Professional (PL 120.08), or Resisting Arrest (PL 205.30) and
has two (2) or more prior arrests for one of these offenses within the last five (5) years. The Detective
Squad Supervisor will ensure that all such Recidivist type arrests are enhanced by the local Detective
Squad and that the District Attorney’s Office puts forth all efforts towards a successful prosecution.
NEW FORCE PROHIBITIONS: Force will not be used to prevent a subject from swallowing contraband or to
remove it from his/her mouth or body cavity. A CEW/Taser will not be discharged in cartridge or drive stun
mode on a rear handcuffed subject.

FORCE POLICY REVISION

REVISED M AY 27, 2016