HPM 100.86 Flashcards
(43 cards)
Threshold Incidents are ______?
-Any incident in which a member of the Department is seriously injured or
killed during the performance of their duties.
-Any incident involving departmental personnel which results in serious
injury, hospitalization, or death to a member of the public.
-When a member of the Department intentionally or by accident discharges
a firearm at a person, whether on- or off-duty, and whether or not an individual
is struck.
-Any sensitive or complex internal investigation when the liability appears
to be that of the Department.
All requests for release of information involving the incident (e.g., requests
under the Public Records Act) _____ be coordinated with ORM.
Shall
All requests for release of information involving the incident (e.g., discovery of
peace officers’ personnel records pursuant to Evidence Code Section 1045,
commonly referred to as Pitchess Motions) _____ be coordinated with OLA.
Shall
_________________require an immediate notification to ORM via the
Emergency Notification and Tactical Alert Center (ENTAC). The ORM will provide
ENTAC with a 24-hour call out list of personnel available for notification.
Threshold Incidents
_________________require the appropriate preliminary or completed
CHP 268 transmitted to ORM within seven calendar days; however, ENTAC
notification is not required.
Nonthreshold PCL Incidents
Nonthreshold
Potential Civil Liability (PCL) Incident are_______?
-Any incident involving a patrol vehicle collision which results in an “other
visible” and/or “complaint-of-pain” injury to a party or parties, other than a member
of the Department. For the purposes of this manual, the following definitions apply:
(1) An other visible injury is a visible injury that does not meet the definition of
a serious injury as previously defined in this chapter. Other visible injuries may
include, but are not limited to: minor lacerations and abrasions, minor bruising
or other discoloration, and swelling such as a lump on the head.
(2) A complaint-of-pain injury is any claimed injury that does not meet the
definition of a serious or other visible injury as previously defined in this
chapter. Complaint-of-pain injuries may include, but are not limited to:
nausea, limping, confusion/incoherency (unless attributed to intoxication, age,
illness, or mental infirmities), internal injuries, other nonvisible injuries, and
fraudulent claims of injury.
-Any incident involving the use of force by a member of the Department which
results in an other visible and/or complaint-of-pain injury to a suspect or bystander.
-Any incident involving an other visible and/or complaint-of-pain injury from the
use of handcuffs (indentations and/or redness only do not require a CHP 268).
-When high-risk or felony stop procedures are used and the suspect(s) is/are
later found to be an innocent party.
-An incident where a civilian slips and falls in the front lobby of an Area office
and sustains an injury.
-When an innocent party’s vehicle runs over a spike strip.
-Any incident when there is damage caused by the push-bumper removal of a
vehicle or equipment from the roadway.
Threshold incident notification and reporting timelines are?
Requires immediate notification to the Emergency Notification and Tactical Alert Center (ENTAC). A completed CHP 268 shall be transmitted by Area to the appropriate Division within
seven calendar days of the date of the incident. Division shall review the CHP 268
(including changes or corrections Division requires Area to make) and submit the
report to ORM within ten calendar days from the date of receipt.
A Nonthreshold PCL Incident notification and reporting timelines are?
Requires the transmission of
a completed CHP 268 by Area to the appropriate Division within seven calendar
days of the date of the incident. Division shall review the CHP 268 (including
changes or corrections Division requires Area to make) and submit the report to
ORM within ten calendar days from the date of receipt. Notification to ENTAC is
not required.
The supervisor _____ complete the Supervisory Review, including any
perceived policy and/or law violations and whether the supervisor believes the
employee(s) acted within departmental policy. The supervisory review ____
also include any follow-up investigation(s) which may be required.
Shall / Shall
All materials/documents marked Preserved for Threshold Incidents shall be
retained on a ______ litigation hold.
All materials/documents marked Preserved for Nonthreshold PCL Incidents
shall be retained on a ____ litigation hold.
c. All materials/documents marked “Pending” shall be preserved upon completion
and retained for the above-mentioned time frames.
d. If an incident involves criminal prosecution and results in an incarceration, the
associated materials/documents shall be retained as evidence and held for the
above-mentioned time periods or the length of ________, whichever is longer.
Prior to releasing any evidence to an allied agency or district/city attorney’s office,
contact ORM for guidance.
Ten year / Five year / Incarceration
Copies of audio/video recordings (e.g., Mobile Video/Audio Recording Systems, body cameras, mobile phones) _____ not be mailed/transmitted to ORM unless a request is sent to the involved Area, regardless of the incident type.
Should
Copies of the CHP 268 _____ be included in the complaint investigation report or internal investigation.
Shall not
Use of Force incidents which do not
result in injury to a civilian_____ be documented on a CHP 275.
Shall
Complaint of pain and/or visible injury shall be considered an injury for reporting purposes. This _____ include Electronic Control Device (ECD) deployments where the only injury is probe/puncture marks or incidents where mere redness or indentations are the only injury
associated with the proper application of handcuffs.
Would not
The CHP 275 shall be completed for any
incident in which a peace officer utilizes force to overcome _________
from an uncooperative civilian.
physical resistance
The mere display or threatened or attempted UOF option _______
constitute a UOF incident for reporting purposes (e.g., the display of an
ECD or baton to de-escalate a situation; the display of firearms during
high- risk or felony stop procedures). However, this does not preclude a
supervisor from completing a CHP 268 when it is believed an incident
could result in civil liability for the Department and/or employee(s).
Does not
In the event a departmental canine was deployed as a force option during a UOF incident, the details of the canine deployment ______ be documented by a division canine supervisor on a separate
CHP 275. The CHP 275 completed by the Area supervisor ____ still contain the details of all other force options utilized during the incident.
Shall / Shall
Government Code Section 12525 requires the Department to report all in-custody deaths, in writing, to the Attorney General within _______ days from the date of incident. All in-custody/arrest-related deaths shall be reported to the Office of Risk
Management (ORM) within __________ days from the date of incident. The
California Department of Justice defines an in-custody death as any death that occurs
while an individual is: (1) in the process of arrest; (2) killed by use of force by law
enforcement; (3) in the temporary custody of a law enforcement agency; or (4)
incarcerated in a city, county, or state correctional facility.
Ten calendar days / seven calendar days
Anytime unreported damage to a state vehicle is discovered. The ___ ____ of the state vehicle shall be documented as the party responsible for the damage. A CHP 208 and STD. 270 are required. A CHP 555 is required if deemed appropriate by the Area commander.
last driver
Anytime hidden damage to a state vehicle is discovered (e.g., the vehicle’s
undercarriage). In those instances where the commander deems it appropriate, the report may be submitted indicating the driver as _______. An STD. 270 is required. A CHP 208 and/or CHP 555 are required if deemed
appropriate by the Area commander.
“Unknown”
When unintentional damage is sustained by the acts of persons in-custody or unknown.
A ____________, shall be completed and submitted to Fiscal Management Section (FMS) indicating the cause of the damage.
CHP 51, Memorandum
Exceptions to Reporting Procedures. The following scenarios do not require a
CHP 208 or STD. 270:
When during the course of a pursuit, the suspect vehicle is involved in a
collision and damage and/or injuries are confined to the pursued vehicle and
suspect. This type of incident only requires the completion of a CHP 555 as
appropriate unless it is/may be alleged the state vehicle was the proximate
cause of the collision as outlined in paragraph 2.a.(3).
(2) When during the course of a pursuit, the suspect vehicle sustains damage
as a result of legal intervention and the damage is isolated to the contact point
of the legal intervention (e.g., scrapes and/or dents from a Pursuit
Immobilization Technique, damaged tires from a hollow spike strip).
(3) An action of the elements (e.g., hail, wind damage, sand storm).
(4) When there is damage to glass from unknown causes.
(a) When there is windshield or other glass damage caused by objects
propelled from the roadway surface by movement of another vehicle even
though it meets the definition of a “motor vehicle collision” unless there is
injury to a person.
(5) Collisions with birds that move unexpectedly into the vehicle’s path and
cannot be avoided, if the injury is confined to the bird.
(6) A motorcycle sustains damage as a result of it falling from its kickstand.
(7) When there is damage caused by the push bumper during the removal of
a vehicle or equipment from the roadway and the damage is limited to the
contact point on the privately owned vehicle or the California Highway Patrol
(CHP) vehicle.
NOTE: This exception does not apply if either involved vehicle sustains
damage from striking another object during the push bumper removal.
(8) When unintentional damage is sustained by the acts of persons
in-custody or unknown.
(9) When malicious damage is sustained by the acts of persons
in-custody.
A CHP 221, Malicious Damage Report,
A copy is forwarded to the local district attorney’s office within ____
days of the incident.
Five
a completed STD. 270 cannot be
routed to DGS, ORIM, within 48 hours, a preliminary report shall be routed
within _____.
48 hours
