Summary of WCSO and Jail policy changes with public interest or impact
Date:08-31-22
Topic: Interviews and Interrogations (1506)
Reason: Changes to Oregon SB 386 and 481 (2022)
Summary of Changes: Policy updated for SB 386 (Parental notification of interviews of child witnesses) and SB 418 (Constitutional rights of juvenile in a custodial interview).
Date:04-04-22
Topic: Public Records Exempt from Disclosure (1104)
Reason: Changes to Oregon Law and other clarifications.
Summary of Changes: Requests for Body Camera Footage will require explanation per the following House Bills:
HB 3265- responding to requests by a federal agency for immigration enforcement information;HB3145- responding to requests for public safety employee disciplinary records as defined in;
HB 2929- Police Officer Duty to Report Misconduct.
Date:01-11-22
Topic: Guidelines for Releasing Information(1102-R09)
Reason: Oregon HB 3273 and 3265
Summary of Changes: Sections 6 and 7 modified to significantly restrict the release of mugshots prior to conviction. Section 13 added to restrict release to immigration authorities of personal information on an adult in custody; exceptions noted. (Policy updates supersede WCSO Temporary Order 2021-56 dated 09-30-21.)
Date:11-19-21
Topic: Intrusive Body Searches(1301-R05)
Reason: CALEA Accreditation Standard
Summary of Changes: Section 3, added: "Deputies will only conduct an intrusive body search of a juvenile under extreme exigent circumstances."
Date:08-17-21
Topic: Automated License Plate Reader Technology(1322)
Reason: Policy has been rescinded.
Summary of Changes: With 4th Amendment issues in legal review combined with growing community concerns, the Sheriff's Office decided to pause use of the Automated License Plate Reader program on January 5, 2020. Since that time no new data has been collected nor accessed by the Washington County Sheriff's Office.
Date:05-04-21
Topic: Use of Deadly Physical Force (1303)
Reason: Clarify definition and policy statement.
Summary of Changes: Clarified that the term "neck restraint" in this policy includes techniques that restrict blood flow to the brain or that restrict the intake of oxygen. Clarified the policy statement in section 2.
Date:04-01-21
Topic: Body Worn Cameras (806)
Reason: Clarify Procedures
Summary of Changes: Clarified when deputies will activate the camera, clarified use of discretion to stop or not record must be dictated on camera, quarterly audits will include reviewing sample of recordings and system data, and added an equity statement.
Date:10-21-20
Topic: Responding to Civil Disturbances(1711)
Reason: Training Update and Clarification
Summary of Changes: Removed reference to SCBA (not applicable), only patrol and jail deputies to be trained, documents the requirement for an operational plan before less lethal launchers and munitions may be deployed.
Date:10-21-20
Topic: Brady Disclosure Requirements (504)
Reason: Case Law (Brady v. Maryland)
Summary of Changes: Requires the Sheriff to disclose information to the District Attorney that could be favorable to a person accused in a criminal case, or information that could violate the accused person's 14th Amendment right to due process. Prosecutors have a responsibility to disclose such information to defense attorneys.
Date:10-07-20
Topic: Use of Force Principles Policy (1302-R10)
Requirement: CALEA Accreditation
Summary of Changes: Added examples of de-escalation options; updated definition of "physical force"; clarified definition of "threat"; clarified when a deputy may use force; added requirement for deputies to intervene to stop excessive force by other police, public safety officials, or criminal associates.
Date:10-07-20
Topic: Use of Deadly Physical Force (1303-R05)
Requirement: CALEA Accreditation
Summary of Changes: Updated description of when a deputy may use deadly physical force; clarified when a jail deputy may use deadly physical force; clarified when a deputy may draw or display firearms, including off-duty firearms exceptions.
Date:10-07-20
Topic: Use of Force Injuries(1305-R05)
Requirement: CALEA Accreditation
Summary of Changes: Aligned definitions with policies 1302 and 1303; clarified considerations for getting medical care for injured threats as soon as it is safe to do so.
Date:10-07-20
Topic: Reviewing and Approving Use of Force (1306-R04)
Requirement: CALEA Accreditation
Summary of Changes: Added reference to the Survival Skills Council that reviews use of force; clarified data points that will be studied in the agency's annual use of force report; provided for collection of data and reporting of assaults on certified staff.
Date: 07-08-20
Topic: Use of Force Principles Policy (1302-R09)
Requirement:220 HB 4205
Summary of Changes: Section 1, Paragraph 4 - Word change from "encouraged" to "required" for emphasis. "Deputies are required to use de-escalation..."
Date: 07-02-20
Topic: Detainers, Holds & Warrants (J-6-21)
Requirement: Scheduled Review
Summary of Changes: The jail ended the practice of automatically notifying ICE via e-mail when a foreign-born inmate is booked or when LEDS shows an inmate has FBI/ICE indicators for deportation. Jail staff will continue to hold inmates for ICE based on a detainer or warrant that must be signed by a judge or clerk of the court. This jail policy is restricted from public access to protect critical security protocols.
Date: 06-17-20
Topic: Jail Release Policy (J-6-6)
Requirement: Scheduled Review
Summary of Changes: The jail stopped releasing time-served inmates under ICE investigation to ICE agents in the jail sally port. Such inmates will be processed the same as all other time-served inmates through the release corridor. This jail policy is restricted from public access to protect critical security protocols.
Date:06-10-20
Topic: Use of Deadly Force Policy (1303-R04)
Requirement:2020 Oregon HB 4203
Summary of Changes:
- Section 1: Clarified that use of deadly force by a jail deputy to prevent escape requires probable cause the inmate poses an imminent threat of death or serious physical injury to the deputy or others.
- Section 4: Discharging a firearm to disable a vehicle is prohibited, except as ordered by a tactical or special weapons commander during a critical incident.
- Section 5: Deputies will not use any type of neck restraint unless deadly force is justified.
Date:06-10-20
Topic: Use of Force Principles Policy (1302-R08)
Requirement: Oregon HB 4205 - Requires intervention by deputies if misconduct by another officer is observed.
Summary of Changes:
- Section 1: Deputies must intervene and stop excessive force immediately.
- Section 4: Clarified, "A deputy may use intermediate force to overcome static or passive resistance only when other alternatives have proven ineffective. [Deleted "...or the deputy has determined lesser alternatives would most likely be unsuccessful."]
Date:06-10-20
Topic: Using Facial Recognition Systems Policy (808-R04) Rescinded by Department Order DO-20-34
Requirement: Amazon moratorium on selling facial recognition technology to police agencies.
Summary of Changes: As of 6-10-2020, Amazon has followed others in the industry in putting a moratorium on the selling of facial recognition technology to police agencies. The WCSO suspended its facial recognition program indefinitely effective June 10, 2020.