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Critical Decisions: Off-duty safety in a year of early inmate release

Imagine, if you will, that it’s Friday afternoon and you just finished you shift. Feels pretty good, doesn’t it?

Well, just hold on, we’re only getting started.

Driving home, you decide to pick up some necessities for the weekend. As you stand in line at the counter with a 12-pack of your favorite alcoholic beverage and fixins for the barbeque in hand, you suddenly get a weird feeling about someone standing behind you.

You turn around, meeting eyes with an all-to familiar face — not the face of an old friend or a coworker, the face of an inmate. Last week he was in your high-security unit, now he’s behind you in line at the local Stop and Rob.

He’s been paroled.

From here, this situation could develop in several different directions.

The most likely is a very uncomfortable conversation. Few things give correctional staff chills as much as running into your “friendly neighborhood felon” while off-duty.

And yet, if recent Department of Justice figures — showing prison growth might be slowing for the first time in three decades — are any indication, we’d better start getting used to it.

2009: The year of the off-duty landmine
In the world of corrections, 2009 was the year of the “great system purge.”

As budget deficits grew and the economy tumbled, many states’ governors and legislators started releasing “low-risk” offenders.

For correctional staff, especially custody staff, this makes 2009 not just the year of the “great purge” but also the year of the “off-duty landmine.” In other words, the year when states started pulling thousands of inmates from prisons and unleashing them on society. A handful of them — like Maurice Clemmons, the repeat offender who shot four cops in a coffee shop near Seattle last month — will be ready to explode, just waiting for a familiar officer’s face to step on their trigger.

I have run into situations like this more than once. Thankfully, the exchanges have always been amicable.

Each time, however, I was taken by surprise; finding that I was not ready for the situation and hadn’t taken the time to think about what I would do if the situation went south.

So, for the sake of preparedness, let’s head south right now.

Stepping on landmines
Let’s go back to the Stop and Rob, standing face to face with a paroled felon who just a week ago was in your custody: What will you do? How will you react?

Too often, our mannerisms decide what happens next.

If you step back into a defensive position and start to question the parolee as to why he is here, there’s a good chance your barbeque will be cancelled, and you’ll spend the day writing reports (or worse).

But still, can you afford to simply let this guy stand behind you?

Let’s answer that question with some more questions.

Are you armed?
If you are armed, the entire situation needs to change immediately.

Even if the conversation is polite, you need to remember that this person was very recently in prison and might reach for your weapon.

It is best to step back and reassess your options. If the person is standing behind or close in front of you, exchange greetings and then excuse yourself under the ruse that you forgot an item. Leave the line and move to a better tactical position, removing the chance that he can get near your firearm. A good suggestion is to get a candy bar, and then get back in line well away from the convict.

If your family is with you, this is even more critical. Prior planning is so important. If you suggest to your family that you would like to go check out the snack isle, they need to understand ahead of time that this is not up for debate, and they should quietly follow.

Chances are high that the felon won’t try anything stupid, but for the safety of yourself, your family and the other customers, you have to assume the worst.

End the conversation cordially and then walk away. After exiting the store, make sure to scan the area for the convict. Take the time to look around corners, but do so without being obvious.

Sure, there is no reason at this point to “slice the pie” in the low ready position. But, if you weren’t armed when this happened, I bet you would be next time.

I cannot stress enough the importance of practicing your right to carry off-duty — assuming it’s legal in your state.

Is the inmate hostile?
If, instead of a cordial greeting, your conversation starts with a string of profanities, then this time I really hope you’re armed.

You want to do everything to avoid a confrontation in a small area like this, especially where there are a lot of people.

If the inmate seems hostile and begins to approach you, try to diffuse the situation. Tell them that “this is neither the time nor the place.” Stand with your sidearm away from the convict and give clear, concise directions, explaining that you do not want a confrontation.

If your family is with you, send them away immediately. Again, plan ahead - this is not the time for conversation.

Your number one job is to protect your family, and the best way to do this is to protect your sidearm. And if the convict continues to confront you, or tries to physically attack you, you have some critical decisions to make — fast.

1. Make sure you fully understand your local laws regarding off-duty actions.
2. If you’re armed, remember that there will be a gun involved in this fight. You do not want to get into a struggle over your sidearm. If needed, present your sidearm and order the convict on the ground.
3. It is imperative that you identify yourself with your badge (if applicable) so that everyone in the area knows that you are an officer, and not some thug with a gun.
4. If possible, try to move the confrontation outside.
5. Try to cue someone to call police.

After this, you’re on your own.

We could “what if” the situation to death, but this should be a discussion with your supervisor and your range officers reflecting your local circumstances. Get their input on what they would do in this situation. And if you don’t know what the law is in your state, find out!

Be prepared
The bottom line here is “be prepared.”

Nine times out of ten these situations will be non confrontational. I have run into former inmates in many places, including my local big box store where he worked as a clerk. Across the checkout counter he offered his hand. I shook it and we had a short conversation about how his parole was going and what his plans were for the future.

However, it is imperative that potentially dangerous circumstances are discussed before they happen, with all conceivable variables accounted for.

Take the time to ensure that your family understands what you might have to do in this type of situation. I have seen at least two videos where the officer is arguing with his spouse while a confrontation with a crook grows ever more hostile. The officer actually had to shoot the felon because he came at them with a knife. When the officer fired, the spouse was standing about six inches from his sidearm, and he had to push her out of the way to protect both of them. This is not the situation you want to be in.

There is nothing wrong with your children understanding that mommy or daddy may sometimes need some alone time in a public place. If they are old enough, take the time to explain why.

Remember that if you are armed, carry proper identification.

When police arrive, follow their directions. There is a chance that they will make you drop your firearm and submit to restraints until they can figure out exactly what is happening. If this is the case, try to drop your weapon between you and the officers, not you and the convict. Follow instructions carefully, as police may take action to defend themselves if they are unsure of your credentials.

And as always, if I left anything out, post it below.

Be safe, watch your six, and vest up!

Sergeant Barry Evert has been with the department of Corrections since 1999, and has worked several high security prisons. Sergeant Evert is currently assigned to Pelican Bay State Prison, and has worked as a Sergeant since 2005. Sgt. Evert has 10 years experience in dealing with both street and prison gangs. His book, “Scars and Bars” is due out anytime, and is dedicated to helping new Officers efficiently survive their first two years on the job, both on the job and at home. To Sgt. Evert, correctional officer safety is paramount, and is the core of what he writes and teaches.

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