Item 5: Approval of SB111 Use of Force Plan

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Section 7: District Attorney (1) When an incident of the use of deadly physical force by an officer occurs, and death or serious physical injury results, the agency shall, as soon as practicable notify the District Attorney’s Office. (a) Notification shall be made to the District Attorney, Chief Deputy, or other senior member of the District Attorney’s staff. (2) When a use of deadly physical force by an officer occurs, and death or serious physical injury results, the District Attorney, and/or a senior member of his staff will consult with the agency regarding the investigation and implementation of the other elements of this plan. (3) The District Attorney has the sole statutory and constitutional duty to make the decision on whether to present a matter to a Grand Jury. (a) Preliminary Hearings will not be used as a method of reviewing an officer’s use of deadly force. (b) The District Attorney will consult with the investigating agency and make the decision on whether to present the case to a Grand Jury. (1) The timing of the decision will be made by the District Attorney at such time as he has determined that sufficient information is available to competently make the decision. (c) If the District Attorney decides to present a case to the Grand Jury, the District Attorney shall promptly notify the investigating agency, the involved officer’s agency, and the involved officer’s representative. (d) If the District Attorney decides that the investigation reveals that the officers use of deadly force was justified under Oregon law, and that Grand Jury review is unnecessary, the District Attorney shall so notify the Agency, the involved officer, the involved officer’s representative, and the public. (4) If the use of deadly physical force results in physical injury to someone other than a police officer, upon completion of the investigation, all investigative information shall be forwarded to the District Attorney for review. Plan page 9