Standards for Certification

Attachment B Standards for Certification.pdf

Principles on Safe Policing and Use of Force

Standards for Certification

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The U.S. Department of Justice
Standards for Certification on Safe Policing for Safe Communities
Through President Donald J. Trump’s Executive Order No. 13929, the U.S. Attorney
General, as appropriate and consistent with applicable law, will allocate Department of
Justice discretionary grant funding only to state, local, and university or college law
enforcement agencies that have obtained (or are in the process of seeking) credentials
certifying that they meet certain mandatory and discretionary standards for safe policing, to
be set by the U.S. Attorney General.
Using safe policing principles, law enforcement will continue striving to improve policies and
procedures — ensuring transparent, safe, and accountable delivery of services to our
communities. This will enhance citizen confidence in law enforcement, and facilitate the
identification and correction of internal issues before they result in injury to the public or to
law enforcement officers.
Accordingly, set forth below are the U.S. Department of Justice’s standards on safe policing
for securing credentials certifying compliance with Executive Order No. 13929 and eligibility
for discretionary grants. The U.S. Attorney General will regularly review this document and
revise it as appropriate.
I.

Definitions

APPLYING LAW ENFORCEMENT AGENCY or APPLYING AGENCY: A state,
local, or university or college law enforcement agency seeking certification from an
independent credentialing body pursuant to Section 2 of Executive Order No. 13929 and Part
II of this document. An applying law enforcement agency shall also include any state, local,
or university or college law enforcement agency whose head of agency affirms that: (a) the
requirements of Section 2 of Executive Order No. 13929 and Part II of this document are met;
and (b) his agency has affirmatively sought certification from an independent credentialing
body.
CERTIFIED LAW ENFORCEMENT AGENCY: A state, local, or university or college
law enforcement agency which an independent credentialing body has certified meets the
criteria set forth in Part II of this document.
CHOKE HOLD: A physical maneuver or technique that restricts an individual’s ability to
breathe for the purpose of incapacitation.
DEADLY FORCE: Any use of force that creates a substantial risk of causing death or serious
bodily injury, consistent with U.S. Supreme Court precedent.
INDEPENDENT CREDENTIALING BODY: A regionally or nationally recognized nonprofit, for-profit, government entity, or other law enforcement accreditation entity that the
U.S. Attorney General, in his sole discretion, determines to be: (i) independent; (ii) reputable;
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(iii) in the business of establishing law enforcement standards; and (iv) capable of certifying
compliance with Section 2 of Executive Order No. 13929 and Part II of this document.
Independent credentialing bodies include, inter alia, any state law enforcement accrediting
body and peace officer standards and training (POST) commission. 1
LAW ENFORCEMENT OFFICER: A state, local, or university or college employee or
volunteer who is licensed under applicable state law or certified by an applicable POST
commission.
NO-KNOCK WARRANT: A warrant where a judge or magistrate, upon cause shown in
the warrant application, specifically authorizes that the warrant may be executed in a “no
knock-and-announce” fashion.
OBJECTIVELY REASONABLE: The determination that the decision to use force, and the
level of force used, is what a reasonable and prudent officer would use under the same or
similar situations based upon the officer’s evaluation of the situation, experience, training,
and the totality of the circumstances known to or believed to exist by the officer at the time
the force is used and is consistent with U.S. Supreme Court precedent.
POLICY or POLICIES: A deliberate system of principles intended to guide agency decisionmaking.
PROCEDURES: The manner of implementing policies.
SERIOUS BODILY INJURY: Injury that involves a substantial risk of death, protracted and
obvious disfigurement, or extended loss or impairment of the function of a body part or organ.
TRAINING PROTOCOLS: The method and manner by which law enforcement personnel
are trained on preferred practices, legal, and constitutional requirements.
WARNING SHOT: The intentional discharge of a firearm for the purpose of warning or
seeking compliance from an individual, but not intended to cause physical injury.
II.

Safe Policing Principles that Independent Credentialing Bodies Must Consider
When Assessing Certification of Applying Law Enforcement Agencies

Pursuant to Section 2 of Executive Order No. 13929, an independent credentialing body shall
certify an applying law enforcement agency if the independent credentialing body determines
A list of independent credentialing bodies currently approved by the U.S. Attorney General
is contained in Attachment A. Any other entity seeking to be later designated as an
independent credentialing body should petition the U.S. Department of Justice by submitting
an application to Director of Community Oriented Policing Services (“COPS”). Applying
agencies denied certification by an independent credentialing body may make an appeal to
the Deputy Attorney General for review and relief.
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— or, within the past 36 months, has already determined — that the following two conditions
have been met:
A. Adherence to Applicable Laws
The applying agency maintains use of force policies that adhere to all applicable
federal, state, and local laws.
B. Prohibition of Choke Holds
The applying agency maintains use of force policies that prohibit the use of choke
holds, except in situations where the use of deadly force is allowed by law.
After the independent credentialing body confirms that the requirements in Part II of this
document are met, the independent credentialing body must include the applying law
enforcement agency within its database of certified law enforcement agencies. Beginning in
2021, on or before January 31 of each year, independent credentialing bodies must provide
the names of each certified law enforcement agency to the Director of the COPS Office or his
delegate. Each certified law enforcement agency is qualified to receive U.S Department of
Justice discretionary grants for up to (i) 36 months from the date of its most recent certification
by an independent credentialing body, or (ii) the lifecycle of any discretionary grant awarded,
whichever option is longer.
III.

Safe Policing Principles that Independent Credentialing Bodies Should
Consider When Assessing Certification of Applying Law Enforcement
Agencies

Pursuant to Section 2 of Executive Order No. 13929, the following safe policing principles
will aid in law enforcement’s continued self-assessment of its own policies and training on use
of force and de-escalation techniques, performance management tools, and community
engagement. Accordingly, in assessing whether to certify an applying law enforcement
agency, an independent credentialing body should — but is not required to — consider
whether the applying agency incorporates the following safe policing principles within its
policies and procedures:
A. Use of Force and De-escalation Techniques
i.

Termination of Use of Force
The applying agency should maintain use of force policies and procedures that
address when force against individuals who fail to comply with lawful
commands should terminate, including the following requirement: when it is
objectively reasonable that a subject is fully in law enforcement’s control, then
the force must terminate.

ii.

Duty to Intervene
The applying agency should maintain policies and procedures that include the
duty and obligation to intervene to prevent or stop the known and apparent use
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of excessive force by another officer when it is objectively reasonable to do so.
An agency’s duty to intervene policy may be memorialized separately from the
agency’s use of force policies.
iii.

Training Protocols on Use of Force and De-Escalation
The applying agency should maintain training protocols that adhere to, or
exceed, any applicable state laws to become, and remain in good standing as,
law enforcement officers. The applying agency’s training protocols should
include substantive instruction on the agency’s use of force policies and
procedures, de-escalation techniques, and related legal updates.

iv.

Appropriate Medical Care
The applying agency should maintain policies and procedures that address
when it is appropriate for an officer to provide medical care consistent with his
training to any individual. Medical care may include providing basic first aid,
requesting emergency medical services, and/or arranging for transportation to
a medical facility.

v.

Warn Before Shooting
The applying agency should maintain use of force policies and procedures that
encourage personnel — circumstances permitting and when reasonably
practical — to identify themselves as law enforcement officers and to give
verbal warning of their intent to use deadly force.

vi.

Shooting at or from a Moving Vehicle
The applying agency should maintain use of force policies and procedures
regarding shooting at or from a moving vehicle.

vii.

Warning Shots
The applying agency should maintain policies and procedures regarding
warning shots.

viii.

No-Knock Warrant
The applying agency should maintain policies and procedures regarding the use
and execution of no-knock warrants.

B. Performance Management Tools
i.

Early Intervention Systems
The applying agency should strive to routinely conduct internal audits of their
policies, procedures, and training protocols, as well as officer safety and
wellness programs or initiatives. Where resources permit, the applying agency
should maintain human resource policies and procedures that aid in the
development of human capital, protect due process for officers, and encourage
the identification and assistance of law enforcement personnel who are
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becoming, or likely to become, at risk to violate use of force or other agency
policies or procedures.
ii.

Hiring of Personnel
The applying agency should maintain policies, procedures, and training
protocols to hire and promote only those employees, or others (such as
independent contractors), who are the best available candidates for a position
according to the accepted standards of objectivity and merit.

C. Community Engagement
The applying agency should implement community engagement plans that address the
particular needs of the community being served. The implementation plans may be
memorialized separately from the agency’s use of force policies.

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File Typeapplication/pdf
AuthorExecutive Director
File Modified2020-09-30
File Created2020-09-30

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