Community Feedback and Final Recommendations: De-escalation

De-escalation
De-escalation uses techniques designed to safely stabilize a situation, reduce the immediacy of a
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threat, and resolve an incident with the least amount of force necessary. The main goals of de-
escalation are to:
Defuse tense situations or conflicts
Obtain voluntary compliance
Prevent unnecessary use of force
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Use the least amount of force if force is required
Campaign Zero's 8 Can't Wait initiative recommends that, before using force, officers be required to
"use proper de-escalation techniques to decrease the likelihood that law enforcement officers will
resort to force and to increase the likelihood of cooperation between law enforcement officers and
members of the public.' "
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Campaign Zero also recommends that officers determine whether an
individual's lack of compliance results from factors like a medical condition, physical limitation,
language barrier, etc. 63
In Resolution 95, the Austin City Council said it was the City's official policy that "[u]se of force shall
incorporate de-escalation tactics in all circumstances, and the response shall be proportionate to
the seriousness of the offense and the threat of harm presented."
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APD's current policy lacks specificity and does not adequately address real-world situations that may
lead to someone's inability to comply with officer instructions.
Click here for OPO's Phase I analysis of this policy topic.
Analysis of community feedback on de-escalation
Quantitative Data
49% of respondents said that APD's current de-escalation policy did not make them feel
safe
66% of respondents said they believed that APD should add to the list of de-escalation
techniques that officers can use
61% of respondents said that policies should acknowledge or address factors that affect
someone's ability to follow an officer's orders, such as disability, a mental health
condition, or fear
Office of Police Oversight
De-escalation
Qualitative Data
In this policy area, there was a split between respondents who felt that violence is integral to
policing and those who thought it is not integral and should be de-emphasized. Despite this divide,
the majority of respondents did express a desire for a robust list of techniques, and consideration of
community members.
Those in favor of a change in APD policy reasoned that de-escalation could significantly benefit
people living with mental health conditions, could improve community relations, and could increase
safety for community members and officers. These respondents expressed support for de-
emphasizing violence in policing and reducing the likelihood of an overreaction by an officer, which
they believed would be furthered with a change in APD policy. Additionally, they expressed an
interest in seeing more clarity and definition in policy regarding the tools and resources available to
officers to allow de-escalation of a situation.
Those who responded that no change to APD policy was needed reasoned that situations in the field
happen too quickly to follow rigid guidelines, that all tools and uses of force should be available to
officers, and that people outside the police force should not set guidelines for officers. Further,
respondents not in support of OPO's proposed policies expressed that officers' current training is
adequate, that de-escalation creates an unsafe environment for police, and that officers need all
options available to them.
Below are selected comments from community feedback:
"
"No, APD's current policies on use of force do not align with my ideas of a
safe community. Our Austin community deserves more respect and
consideration of preserving life at all costs. APD should not be using
displaying such reckless behavior, especially when it comes to those in our
community who battle mental health and drug problems. I would vote to
completely reallocate all funds to APD to other community groups and
practices that focus more on de-escalation, counseling, and refraining from
shooting first if at all. I would also, if fund reallocation were not an
available option, vote for APD to drastically change their current policies,
as I have marked here today. There are too many police-involved shootings
in our Austin community. Let's stop the violence."
"APD's currently policies do not align with my idea of community safety.
They leave officers under trained in de-escalation, mental health and
alternatives to force tactics. Officers who are not trained in de-escalation
techniques are at risk of escalating circumstances to the point of using
deadly force on the citizens their apprehending. This puts the officers at
risk as well as the citizens they are meant to be protecting."
Office of Police Oversight
De-escalation
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"No, it does not. While it is not possible to lay out how officers
should act in every possible interaction, more explicit guidance
with clear examples would certainly provide more options for them,
especially de-escalation techniques."
"No. There are many factors that go into why a person may be
acting a certain way. De-escalation techniques should always be
used is the primary way of handling situations. Plenty of people use
them successfully on a regular basis. Nurses use them, social
workers use them, I use them. More training in this area could go a
long way."
Recommendations from community feedback
Adopt OPO's amended recommendations.
OPO's preliminary review of APD's de-escalation policy highlighted five concerns:
Under current policy, definitions for "de-escalation" and "de-escalation techniques" provide little
detail and no examples.
The term "potential force encounters" is not defined
Current policy does not adequately acknowledge or address factors outside of deliberate
noncompliance that may affect someone's ability to comply with officer commands
The policy presents the potential for de-escalation efforts to fail but does not explain the
reasons that may happen
The current policy makes treating people with dignity optional
In its Phase I report, OPO made a series of recommendations to improve APD's policies. The table
below compares APD's current policies and OPO's proposed recommendations with Austin City
Council Resolution 95, 8 Can't Wait, and best practices from leading police organizations.
Office of Police Oversight
De-escalation
Table 5. Comparing OPO's Proposed Recommendations and APD's Current Policy on De-Escalation
OPO's Proposed Recommendations
APD's Current Policy
Aligns with information from:
Aligns with information from:
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YES Police Executive Research
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!
Police Executive Research Forum* *
Forum
YES International Association of Chiefs
!
International Association of Chiefs of
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of Police
Police 70
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YES 8 Can't Wait 67
NO 8 Can't Wait
YES Austin City Council
NO Austin City Council
Resolution 9568 68
Resolution 9572
* Some parts of APD's current de-escalation policy align with information from the Police Executive
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Research Forum and the International Association of Chiefs of Police while others do not.
Particular
issues include the following: (1) the tone of the policy does not adequately reinforce a commitment to de-
escalation; (2) the policy does not follow a linear structure, which negatively impacts readability; (3) the
policy needs to be updated to reflect current de-escalation training and model policies from THE
International Association of Chiefs of Police and the Police Executive Research Forum (e.g.,
acknowledging that noncompliance may not be deliberate, but rather based on inability to comprehend,
fear, etc).
Since OPO made preliminary recommendations in January 2021, there have not been any
updated best practices contradicting this information. Rather, in April 2021, the Police Executive
Research Forum announced that it would be updating its de-escalation training program to
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incorporate the "Step Up and Step In" concept. This concept challenges traditional policing by
acknowledging and training for the reality that "[i]t's not just the culture of policing that
sometimes gets in the way of good decision-making. It can also be the structure of police
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agencies themselves."
Importantly, there is a broad range of de-escalation tactics and techniques, none of which
eliminate an officer's ability to use physical force when necessary. Additionally, in 2020, the
International Association of Chiefs of Police partnered with the University of Cincinnati Center
for Police Research and Policy to conduct a study on the impact of de-escalation training
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developed by the Police Executive Research Forum.
The study revealed that the
implementation of this training led to a decrease in citizen and officer injuries.
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Office of Police Oversight
De-escalation
OPO has analyzed the community's feedback. OPO has also considered current best practices,
including the consensus among experts that incorporating de-escalation tactics into police-
community encounters is safe and effective. After examining all of this information, OPO
recommends that APD adopt OPO's preliminary recommendations with the following
amendments:
Table 6. OPO's Preliminary and Amended Recommendation to APD's Policy on De-Escalation
OPO's Preliminary Recommendation
OPO's Amended Recommendation
GO 200.1.2 and GO 200.2
GO 200.1.2 and GO 200.2
200.1.2 DEFINITIONS
200.1.2 DEFINITIONS
De-escalation - (1) The use of a range of techniques
De-escalation - (1) The use of a range of techniques
(e.g. communication, time, distance, cover,
(e.g. communication, time, distance, cover,
concealment, etc.) designed to create conditions
concealment, etc.) designed to create conditions
that safely stabilize a situation and reduce the
that safely stabilize a situation and reduce the
immediacy of a threat so that more time, options,
immediacy of a threat so that more time, options,
and resources are available to resolve the situation
and resources are available to resolve the situation
using the least amount of force necessary. (2)
using the least amount of force necessary. (2)
Reducing or ending the use of force once a threat
Reducing or ending the use of force once a threat
has diminished.
has diminished.
De-escalation Techniques - Tactics used by officers
De-escalation Techniques - Tactics used by officers
that are designed to increase the likelihood of
that are designed to increase the likelihood of
gaining voluntary compliance and reduce the
gaining voluntary compliance and reduce the
likelihood of using force during an encounter.
likelihood of using force during an encounter.
Tactics may include, but are not limited to, the
Tactics may include, but are not limited to, the
following: maintaining safe distance, active
following: maintaining safe distance, active
listening, clear communication, explaining what
listening, clear communication, explaining what
actions need to be taken and any alternatives,
actions need to be taken and any alternatives,
explaining the consequences of taking particular
explaining the consequences of taking particular
actions, and securing additional resources.
actions, and securing additional resources.
Critical Decision-Making Model (CDM) - The CDM is
a five-step critical thinking process. The five steps
are built around the core values of the department
and the policing profession. The CDM guides
officers through a process of collecting
information; assessing the situation, threats, and
risks; considering police powers and agency policy;
identify options and determining the best course of
action; and acting, reviewing and reassessing the
situation.
Office of Police Oversight
De-escalation
Table 6. OPO's Preliminary and Amended Recommendation to APD's Policy on De-Escalation (Continued)
OPO's Preliminary Recommendation
OPO's Amended Recommendation
GO 200.1.2 and GO 200.2
GO 200.1.2 and GO 200.2
200.2 DE-ESCALATION
200.2 DE-ESCALATION
Officers shall safely incorporate appropriate de-
Officers shall safely incorporate appropriate de-
escalation techniques in all circumstances, and
escalation techniques in all circumstances,
shall approach all encounters with the goal of
particularly those that are part of the Critical
preventing or minimizing uses of force and, in
Decision-Making Model, and shall approach all
situations where compliance is needed, gaining
encounters with the goal of preventing or
voluntary compliance.
minimizing uses of force and, in situations where
compliance is needed, gaining voluntary
compliance
NOTE: New OPO recommendations are shown in bold, underlined text.
Click here for more information about OPO's preliminary recommendation.
OPO's recommendations incorporate community feedback and/or the City of Austin's official position
by:
Acknowledging that noncompliance may not be deliberate or a threat, but instead related to the
inability to hear, the inability to comprehend, fear, etc.
Providing additional guidance on de-escalation tactics to be employed by officers
Acknowledging the need for de-escalation tactics to be used in all encounters while still accounting
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for officer safety
OPO's recommendations incorporate guidance from law enforcement research and policy organizations
by:
Acknowledging that noncompliance may not be deliberate or a threat, instead related to the
inability to hear, the inability to comprehend, fear, etc.79
Providing clear guidance on de-escalation tactics to be employed by officers
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Clearly communicating that de-escalation is a priority while acknowledging the need for officer
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safety
Office of Police Oversight