The agreement states it is “designed to ensure police integrity, protect officer safety and prevent use of excessive force, including unreasonable use of deadly force, by APD.”
The agreement will also create civilian oversight with advisory councils and a review agency that “independently reviews citizen complaints, serious uses of force and officer-involved shootings by APD.”
The civilian agency is designed to rebuild the trust of the public by involving them in the process. It will also monitor, review and make recommended changes to APD policy on use of force.
“By increasing transparency and accountability on use of force, APD will promote more effective law enforcement and will strengthen public confidence in APD,” the agreement states.
The agreement addresses the nine main points raised in the DOJ’s original report released in April, which found that APD had engaged in a “pattern or practice of unconstitutional use of deadly force,” said U.S. Attorney Damon Martinez.
“It is also a roadmap for rebuilding the trust between the community and the police,” Martinez said.
The agreement must be filed in U.S. District Court by Nov. 10, after which a monitor will report to a federal judge about how the city is complying with the agreement. The federal judge will have the power to enforce the terms of the agreement and ensure the department is implementing the changes, according to the document.
According to the document, APD has agreed to do whatever it can to come into full compliance with the agreement in four years. In addition to the monitor, a team of experts will have 60 days to oversee the reform package.
In the area of use of force, the agreement prescribes several major changes in policies and reporting of incidents.
Chokeholds will now be strictly banned except in cases where lethal force should be used.
Officers will no longer be allowed to carry any firearms not given to them by the department, and will be banned from firing their weapons at moving vehicles except in extreme circumstances.
Get content from The Daily Lobo delivered to your inbox
The use of Tasers will also now be much more closely monitored, including requiring further training on their use.
Any officer who points a firearm at a suspect, even if a shot is not fired, will now have to fill out a ‘use of force report.’
A Shooting Review Board will be created, will oversee Internal Affairs reports on any shooting, and can ask for further investigation and make recommendations about disciplinary actions.
The agreement also addressed the issue of mental health extensively. In its original report in April, the DOJ found that too many incidents in which APD used force involved suspects with mental health issues.
The city will be required to create a Mental Health Advisory Committee, which will be made up of APD representatives, mental health professionals and members of the community. This committee will review APD policies and make recommendations on better ways to deal with mentally ill citizens.
The agreement will require all APD officers to receive metal health and crisis intervention training, and the department must also increase the size of its Crisis Intervention Teams.
The document also calls for the Repeat Offenders Project, the controversial group which included officers who had been involved in a number of shootings, to be eliminated within three months of the agreement. APD Chief Gorden Eden said the detectives in the unit would be assigned to other divisions.
According to the Albuquerque Journal, Mayor Richard Berry said he estimates that in the first year the changes will cost the city between $4 million and $6 million.
“The parties have determined that the settlement agreement, rather than protracted and costly litigation, is the most effective means of resolving the Department of Justice’s investigation and ensuring constitutional and effective policing for the residents of Albuquerque,” the settlement agreement reads.
Jonathan Baca is the news editor for the Daily Lobo. He can be reached at news@dailylobo.com or on Twitter @JonGabrielB.
