By Edward Colimore
Philadelphia Inquirer
The New Jersey attorney general yesterday approved the use of electronic stun guns by police officers under limited circumstances involving emotionally disturbed people.
The stun guns - which fire electronically-charged darts - may be used by officers only when a person has a weapon, poses a serious threat to others, and refuses to be taken into custody.
“This is the first time in this state that officers are going to be authorized to carry and use stun guns in any capacity,” said Attorney General Anne Milgram, who issued the policy based on the recommendations of her seven-member advisory committee on the use of less-lethal force.
“Given this important shift in policy, it is prudent to have a limited initial deployment that provides for adequate controls, training, and accountability measures, so that we can evaluate the use of such devices.”
The debate over “less-lethal” weapons was sparked in 2007 after Maplewood police shot a 31-year-old, knife-wielding schizophrenic man outside his home.
The officers did not have the use of a stun gun because New Jersey was the only state that prohibited police from using such weapons.
Another incident the same month saw Willingboro police shoot and critically wound a troubled 15-year-old who allegedly attacked them with a pair of scissors.
Last year, following the recommendations of her advisory committee, Milgram took a step toward addressing the issue. She approved a policy allowing use of rubber bullets and other less-deadly ammunition against suspects.
Yesterday, the attorney general announced a second step: approving the use of stun guns by trained law-enforcement officers who have completed a Police Training Commission-approved course. No officers can carry or use the guns without authorization.
“I think it’s a sound and thoughtful policy that will protect police officers and individuals with mental illness,” said Robert N. Davison, executive director of the Mental Health Association of Essex County, who was part of the advisory committee that recommended the guidelines.
“In my judgment, [the stun gun option] is another tool in the tool box that will save lives.”
Others in the mental health and law enforcement community agreed. They had been pressing for less-lethal options for years.
The attorney general’s action is a “cautious step toward introducing Taser-like weapons,” said Phil Lubitz, associate director of the New Jersey chapter of National Alliance on Mental Illness in New Brunswick.
“One of the real keys is that any officer who is eligible to use this weapon will have to undergo regular training each year to identify people with mental illness and learn techniques to de-escalate the situation with persons in crisis.”
The new policy also won praise from the New Jersey State Association of Chiefs of Police. Mitchell Sklar, the executive director of the organization, was on the advisory committee.
“We believe this is a good first step,” said Robert Coulton, police chief in Ewing, Mercer County, and president of the New Jersey State Association of Chiefs of Police. “I have wanted this for many years. Law enforcement in New Jersey desired to have this, but desiring and having are two different things.”
Coulton said stun guns probably would not come into use for many months, because the weapons have to be chosen and purchased at a time when budgets are tight. Some can cost as much as $1,500. Also, officers have to be trained.
“I don’t see it in the near future,” he said. “It would be optimistic to say it would be sometime next year.”
The number of officers authorized to use the weapons will be determined by the size of the department. A municipality with 25,000 or fewer residents would have one officer; a municipality with 75,000 or more residents would have up to four. Members of SWAT teams or emergency response units also can be authorized to carry the electronic weapons.
The aim of the guidelines is to give police officers a way of reducing the risk of injuries to the suspect and others, and resolving confrontations before they escalate to a point where deadly force must be employed.
“This policy limits the use of the devices to ensure that officers recognize the lethality and seriousness of the weapons, deploy them consistent with that lethality, and use the weapons only where appropriate,” the policy states.
Possession of stun guns in New Jersey remains prohibited except for trained law enforcement personnel. The state police will work with the Division of Criminal Justice to develop a list of specifications of stun guns that may be used by police in New Jersey.
The guns approved for use by police will include a date- and time-stamped digital record for each use and a digital recording for each firing and electrical discharge, the state said.
The attorney general’s policy allows for use of a stun gun against a “mentally ill or temporarily deranged person” only if that individual is armed, may cause serious injury to himself or others, and will not voluntarily submit to custody.
At the time the device is used, the policy says, the person should be isolated and contained so that there is no chance that a bystander can be hit by the electrically charged darts that are attached by wire to the weapon.
The use of stun guns is specifically prohibited as a “pain compliance” device, or in a situation where a person refuses to comply with an officer’s order to move, get on the ground, or exit a vehicle.
Their use is also prohibited if an individual is handcuffed or in a moving vehicle, and the weapons should not be used to prevent someone from committing property damage or fleeing a scene.
“The attorney general was prudent and took her time” before approving the policy, Davison said yesterday. “Now we have to see what happens.”
Contact staff writer Edward Colimore at 856-779-3833 or ecolimore@phillynews.com.
Copyright 2009 Philadelphia Inquirer