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Crime Prevention
Crime Prevention and Detection Act
Author: Harold W. Bolinger, (Under Contract with Gun Owners Foundation)
Applicability: (County) To provide for a volunteer program under the auspices of the Sheriff's Department.
Crime Prevention and Detection Act
Section I. AUTHORIZATION TO DEPUTIZE CITIZEN VOLUNTEERS
The sheriff of (name) County, when the public safety shall require it, shall enjoy all common law rights of the office of sheriff to call forth any able bodied persons above 15 years of age to assist him in the performance of his duties.
To assist the Sheriff of (name) County in the prevention and detection of crime, he is hereby authorized to deputize citizens as "Special Deputies." "Special Deputies" shall be at all times volunteers, receiving no monetary compensation for their services (except that any authorized expenses incurred in the performance of official duties shall be reimbursable in the discretion of the Sheriff). It shall be the policy of this County to promote and encourage volunteer participation in the law enforcement programs established by the sheriff. Volunteers and "Special Deputies" shall be encouraged to work within the sheriff's department, assisting the sheriff in whatever capacity desirable to the volunteers, and as directed by the sheriff. The sheriff is hereby enabled to operate a "posse" of volunteer citizens and "resident deputies" whose duties shall be as defined herein, and by special commission by the sheriff.
Section II. SCREENING AND CONDITIONS
A. Persons seeking positions as "Special Deputies" shall submit to a criminal background check, and drug testing, but no applicant shall be requested nor required to submit to a polygraph examination or test. No person seeking "Special Deputy" status shall be approved for "Special Deputy" status when background information indicates violent or criminal behavior, or the presence of any controlled dangerous substance in the blood or urine of a test sample.
B. Each applicant shall be required to sign an affidavit saving and holding harmless the Sheriff's Department and (name) County from punitive and compensatory damages claims arising from any accidents, injury, illness, death or loss of time in regular employment incurred while in the performance of any duties assigned by the Sheriff's Department.
Section III. COUNTY EXPENSES
A. The Sheriff's Department shall carry standard life and medical insurance policies covering "Special Deputies" when in actual service to the department for actual and customary medical charges which could be incurred in the event of an injury or death received while in service to the department. The cost of such insurance shall be borne by (name) County.
B. The County shall provide uniforms for the volunteers that clearly identify them as operating under the "Community Services" division of the department in a volunteer capacity.
Section IV. EQUIPMENT
A. (name) County shall provide (# OF) vehicles for the exclusive use of the volunteer deputy program. Such vehicles will be painted to be clearly identified as the property of the (name) County Sheriff's Department's Volunteer Program, and shall be equipped with radio communications equipment linked to the Sheriff's dispatcher, a safety yellow flashing rooftop light, basic emergency equipment for first-response first aid, traffic control, and crime scene security.
B. Each volunteer shall be issued a portable radio and a standard police belt for carrying such additional equipment as is appropriate for the volunteer's level of training, and to which his duties shall require.
Section V. TRAINING
A The training program shall consist of three phases, each geared to increase the level of knowledge and proficiency of the volunteer(s).
1. Phase One shall consist of (# of) hours of basic training. Training will include (but not necessarily be limited to) the following:
a. A "First Responder" CPR and emergency first aid course;
b. An overview of the department, including information about the historical and contemporary functions of this county's sheriff's Department;
c. A classroom course on civil liability and the rights and responsibilities of representatives of the department as pertaining to the community;
d. A combined classroom and field course on basic and emergency traffic control and response to traffic situations;
e. A combined classroom and field course on crime scene security;
f. A classroom course on protocol and military courtesy;
g. On satisfactory completion of all of the above, the volunteer will be issued a uniform and will be permitted to accompany regular deputies on patrol and other departmental activities.
2. Phase Two shall consist of a minimum of (# of) hours of participation in patrol or other departmental functions with a regular deputy or other employees of the department. In addition, there will be training provided including (but not necessarily limited to) the following:
a. A combined classroom and field course on the special procedures involving custody of prisoners and the maintenance of security in the county jail;
b. A combined classroom and field course on providing security for the Circuit Court;
c. A combined classroom and field course on court process service;
d. A classroom course on proper procedures for arresting persons accused of criminal activity;
e. A classroom course on personal and partner safety, self defense, and the use of force;
f. A combined classroom and field course on defensive and safe driving techniques and vehicle training;
g. A combined classroom and field course on proper communication techniques using police radio equipment;
h. Upon satisfactory completion of all of the above, the volunteer shall be permitted access to a county vehicle, and shall be authorized to perform limited patrol functions without the immediate presence of an employee of the sheriff's department. At all times, the volunteer(s) shall be required to communicate with the dispatcher while on patrol.
3. Phase Three shall consist of a minimum of (# of) hours of participation in patrol, jail, court security or process service. In addition, there shall be provided additional training, to wit:
a. A classroom course introducing the volunteer to firearms;
b. Range training including firing not less than (#) of (x) rounds into targets with the firearm type selected by the volunteer in consultation with the sheriff.
(Section VI) POWERS AND AUTHORITY
The Sheriff may assign "Special Deputies" general duties and responsibilities, including foot and road patrol, traffic duties, and etc.; except that, to the extent possible, "Special Deputies" shall not be (except in extreme case of necessity) asked to respond to deal directly with exceptionally dangerous situations (hostage, bank robbery, prison rioting, etc.). "Special Deputies" may be assigned duties secondary to exceptionally dangerous situations (traffic & spectator control, communications and dispatch functions, and etc.) when, in the opinion of the Sheriff, additional support is required, and the deputies have completed at least Phase Two training guidelines.
When a volunteer has satisfactorily completed Phase 3 training courses, and has served six (6) months in the volunteer program, the sheriff is hereby authorized to confer full police powers on the deputy. He may, in his sole discretion, authorize the volunteer to carry, openly or concealed, firearms of models approved by the sheriff for duties that may be required.
Any use of such weapons in the performance of duties under the supervision of the Sheriff's Department shall be at the risk of the volunteer; and any and all liability for the use thereof shall be borne by the volunteer in conformity with (Name of state code identifier), the (name of state) "Good Samaritan" law. Prior to the issuance of a firearm, or the possession of a personally owned firearm while on patrol, the volunteer shall sign an affidavit accepting full responsibility for the safe use and care of the weapon, and shall save an hold harmless the sheriff's department and (name) County for any injuries arising from such use. The sheriff may, at any time, revoke permission for any person involved in volunteer programs to carry weapons.
The Sheriff may, at his sole discretion, issue firearms permits for volunteer deputies based on the deputy's performance, reliability, mental fitness, training and other factors; but the number of permits issued may not exceed one permit for each 100 county citizens as indicated by the most recent census report of the United States Bureau of the Census. Permits shall not be issued to persons;
1) who have ever been convicted of any crime of violence, or felony;
2) who are currently under supervision by any state or county agency (department of parole/probation, Social Services, etc.);
3) who are under 18 years of age;
4) who have, within the preceding 5 years, been a resident of or received outpatient services from a mental hospital for alcoholism, drug abuse or mental illness;
5) who have any physical limitations which would render the safe use of a gun difficult.
6) who have failed to demonstrate proficiency in the safe use of a firearm by completing the required course provided by the sheriff.
"Special Deputies" who volunteer time to assist the Sheriff in law enforcement activities shall, upon completion of all phases of the training program herein established, be authorized full police powers while acting in an official or reserve capacity under the supervision of the (name) County Sheriff's Department. Prior to completion of the full training program, volunteers will be authorized only those responsibilities commensurate with their training level.
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