100.86, 50.1 Flashcards
a. Incidents Requiring Reporting. An investigation shall be conducted for every damage or injury-causing event involving a state vehicle. The following incidents require the associated documentation to be completed as indicated:
P O L I S H U P
(1) Any incident involving a state vehicle being driven by a state driver which results in injury* or property damage, whether on or off highway. A CHP 208, Collision Prevention Report, STD. 270, Vehicle Accident Report, and CHP 555, Traffic Collision Report, are required. (Refer to paragraphs 2.c.[1]-[3] for information on submitting.)
(2) Any incident in which a state vehicle is legally parked, whether or not the state vehicle is in transport, and is struck* by another vehicle. A CHP 208, STD. 270, and CHP 555 are required.
(3) Any incident where it is/may be alleged the state vehicle was the proximate* cause of a collision. An investigation shall be conducted regardless of whether or not there was actual physical contact between the state vehicle and any vehicle, object, or person. A liability-only STD. 270 is required. A CHP 208 and CHP 555 are required if it is determined the state vehicle was involved as a “noncontact” party to the collision.
5-3 HPM 100.86
(4) Anytime unreported* damage to a state vehicle is discovered. The last driver 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.
(5) 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 “unknown.” An STD. 270 is required. A CHP 208 and/or CHP 555 are required if deemed appropriate by the Area commander.
(6) Any collision or an occurrence when other* than a state employee is the driver of the state vehicle, such as a garage mechanic where the vehicle was left for repairs. An STD. 270 is required. A CHP 555 may be required as deemed appropriate by the Area commander.
(7) Any incident involving legal* intervention which meets the definition of a collision in accordance with Highway Patrol Manual (HPM) 110.5, Collision Investigation Manual, Chapter 2, Definitions and Classifications of Collisions. A CHP 208, STD. 270, and CHP 555 shall be completed.
(8) Any incident in which a state vehicle is utilized to push a vehicle and the pushed* vehicle is involved in a collision with another person, object, or third party vehicle(s). A CHP 208, STD. 270, and CHP 555 shall be completed.
b. Exceptions to Reporting Procedures. The following scenarios do not require a CHP 208 or STD. 270:
B U M P W E L P F
(1) 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.
HPM 100.86
5-4
(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.
(a) A CHP 51, Memorandum, shall be completed and submitted to Fiscal Management Section (FMS) indicating the cause of the damage.
(9) When malicious* damage is sustained by the acts of persons in-custody.
(a) A CHP 221, Malicious Damage Report, shall be completed in triplicate and distributed as follows:
(1) STD. 270, Vehicle Accident Report.
(a) A completed STD. 270 shall be routed to the Department of General Services (DGS), Office of Risk and Insurance Management (ORIM), within _____ from the time of incident. If a completed STD. 270 cannot be routed to DGS, ORIM, within _____ , a preliminary report shall be routed within _____.
(b) An STD. 270 shall be completed by Area and a copy routed to the appropriate Division ________.
48 hours, 48 hours, 48 hours
within seven calendar days
CHP 208, Collision Prevention Report.
(a) The CHP 208 shall be completed by the Area and routed to the appropriate Division office ______. Preliminary CHP 208 reports shall not be routed. In the event a completed CHP 208 cannot be routed to the appropriate Division office _______, the involved command shall notify the appropriate Division office of the delay and submit the completed CHP 208 as soon as possible.
within seven calendar days, within seven calendar days
(3) CHP 555, Traffic Collision Report.
(a) The CHP 555 _____ accompany the CHP 208 at the time of routing. In the event the CHP 555 is incomplete at the time the CHP 208 is routed, a copy of the preliminary face pages of the CHP 555 shall be routed. The finalized CHP 555 shall then be routed directly to ORM, RMU, upon completion.
(b) Per HPM 110.5, Chapter 13, Guidelines for the Investigation and Documentation of Specific Collisions, paragraph 6., some “collision events” and incidents are not reportable to the Statewide Integrated Traffic Records System and might not be documented as a collision using the CHP 555. If an incident requires a CHP 208/STD 270, and is not documented on a CHP 555 (e.g., the incident is documented on a _____), the incident documentation shall accompany the CHP 208 at the time of routing. For tracking purposes, this documentation shall also include a completed Page 2 of the CHP 555.
shall,
CHP 216, Arrest – Investigation Report
The _____ is used to preserve the details of a collision involving a vehicle used on official state business in the defense of liability claims brought by third parties.
5-8
STD. 270, Vehicle Accident Report
The _____ is utilized to evaluate the preventability of a collision through review of the employee’s actions. The ______ is not required when an STD. 270 has been completed for a liability-only incident. A liability-only incident is not to be listed on the _____.
b. CHP 208, Collision Prevention Report,
CHP 113, Injury and Collision Report
- CHP 287, CLAIMS OF $1,000 OR LESS. The GCP has delegated authority to the Department to settle and pay property damage/loss claims up to $1,000 per claim pursuant to GC Section 935.6. All claims which are $1,000 or less are processed by ORM. The procedure for processing a CHP 287 is as follows:
287(48HRS), 268(7DAYS), E N,
a. When an individual claims to have suffered a loss of $1,000 or less, they shall be provided a CHP 287. A field supervisor should carry this form with them in order to expedite the claim process. The CHP 287 includes a section to identify the type and amount of loss as well as a “Release of Liability” section which needs to be signed by the claimant. Departmental employees shall assist the claimant in completing the form to ensure all applicable information is included. A property damage claim should include two estimates for the repair/replacement of the damaged item(s). A departmental employee should witness the claimant’s signature and put their name in the adjoining “Witness” box.
b. The commander or designee shall determine if the CHP 287 fits the criteria for the Expedited Claim Settlement Program as described in paragraph 3. of this chapter.
c. Upon receipt of the CHP 287 by a command, the CHP 287 shall be date stamped, and staff shall assign a sequential claim number in the upper right corner. The claim number will consist of the command’s location code, the year, and the sequential claim number as it is received (e.g., West Valley Area’s third CHP 287 received in 2017 would be: 580-17-003).
d. The commander shall ensure the CHP 287 is securely transmitted to ORM within 48 hours of receipt via e-mail at RiskManagementUnit@chp.ca.gov, fax at (916) 843-3164, or departmental mail. In addition to the e-mail or fax transmission, the original CHP 287 received at an Area office shall be mailed to ORM. The command shall not delay transmitting the claim pending completion of a CHP 268.
HPM 100.86 6-4
e. A CHP 268 shall be completed as soon as possible in response to the submission of a CHP 287. The CHP 268 shall be routed, through the appropriate Division, to ORM within seven calendar days of receipt of the CHP 287. In the “Supervisory Review” section of the CHP 268, the command shall recommend whether the claim should be approved or denied as well as an explanation for the recommendation.
f. Pursuant to GC Section 911.2(a), a CHP 287 must be filed within six months after the accrual of the cause of action. However, pursuant to GC Sections 911.4 and 911.6, a claim may be filed up to one year after the accrual of the cause of action under certain circumstances. All late claims shall state the reason for the delay in presenting the claim, and one or more of the following must apply to the claimant:
M M I D
(1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect, and the public entity was not prejudiced in its defense of the claim by the failure to present it in the required six-month period.
(2) The person who sustained the alleged injury, damage or loss was a minor during the six-month period for filing the claim.
(3) The person who sustained the alleged injury, damage or loss was physically and/or mentally incapacitated* during the six-month period for the
6-5 HPM 100.86
presentation of the claim, and by reason of such disability, failed to present a claim during the required time frame.
(4) The person who sustained the alleged injury, damage or loss died* before the expiration of the six-month period for presentation of the claim.
g. Departmental Employee Claims of $1,000 or Less. The foregoing procedures for the CHP 287 also apply to departmental employee claims of $1,000 or less per claim. However, if a departmental employee’s claim is denied, the employee has the right to ______ by filing a claim with the GCP.
administrative recourse (appeal)
. EXPEDITED CLAIM SETTLEMENT PROGRAM. To improve services to the public, it is in the best interest of the Department to swiftly mitigate CHP 287 claims in those instances in which we are clearly liable for damages. This program is designed to provide timely payment to those individuals who have suffered damages as a result of our actions. The ORM commander will have the authority to approve CHP 287 claims submitted under this program. Examples of situations where this policy may be applicable are instances where:
S L S 287, 268, 204, 24HOURS, 72HOURS
a. A hollow spike strip is deployed causing tire damage to an unintended vehicle.
b. A departmental employee loses or damages personal property of an individual
(e.g., losing a driver license during an enforcement contact, breaking an individual’s watch during handcuffing, losing personal property departmental employees had a duty to care for).
NOTE: These above-mentioned incidents are not all-inclusive. Sound professional judgment shall be used to determine if a claim could potentially be eligible for an expedited settlement. In those instances where there is a question regarding liability, the Office of Legal Affairs may be consulted for advice.
NOTE: The expedited claim settlement will be processed through ORM during normal business hours. The commander or their designee shall confirm the CHP 287 is properly completed and the release of liability form has been signed. Additionally, the claimant shall complete a STD. 204, Payee Data Record. The commander or their designee will then notify ORM of the claim by telephone at (916) 843-3020 and send a copy of the CHP 287 and STD. 204 by fax to
(916) 843-3164 or via e-mail to RiskManagementUnit@chp.ca.gov. The ORM will notify Fiscal Management Section (FMS) to issue a check for the approved amount. Fiscal Management Section will forward the check to the involved command by overnight mail or other expedited means. In most instances, this will be accomplished within 24 hours of notification. Once the involved command has received the check, it shall be delivered to the claimant as soon as practical, but no
HPM 100.86 6-6
later than 24 hours after receipt. The involved command shall forward the original CHP 287 and STD. 204 to ORM and complete a CHP 268 within 72 hours. The ORM will ensure any documentation required will be forwarded to FMS.
When an employee(s) from only one command is involved in a pursuit, regardless of whether or not the pursuit travels outside of the command’s geographical boundaries, it is considered a ______
Single Command Pursuit.
NOTE: If an officer is involved in a pursuit outside the geographical boundaries of their home command, the ______ is responsible for creating the report for the pursuit.
involved officers’ home command
When more than one command and/or agency is involved in the same pursuit, ________ is responsible for completing and reviewing only those portions of the report that applies to their involvement, as outlined below.
each involved command and/or agency
(2) When involved in a multicommand/agency pursuit, it is ______ responsibility to verify whether documentation of the pursuit was started by another involved command by checking the PRS Pursuit List.
each author’s
(3) Commands shall only document minutes and mileage relating to their unit’s involvement in the pursuit under the following circumstances:
(a) The only unit(s) involved in the pursuit is/are of the same command, regardless of whether the pursuit is within the command’s geographical boundaries or not.
Example: If a South Sacramento Area unit pursues a suspect into the North Sacramento Area and a North Sacramento Area unit does not enter the pursuit, the South Sacramento Area will continue to account for the minutes and mileage of the pursuit.
(b) The pursuit is within the geographical boundaries of the command and the command has at least one unit in the pursuit, regardless of position.
Example: If a South Sacramento Area unit pursues a suspect into the North Sacramento Area and a North Sacramento Area unit joins the pursuit, South Sacramento Area will discontinue accounting for minutes and mileage at that time. The North Sacramento Area will begin accounting for the minutes and mileage from the time they join the pursuit, as required above.
In the event the pursuit reenters the South Sacramento Area’s geographical boundaries, and a South Sacramento unit is involved in the pursuit, the South Sacramento Area will resume accounting for the minutes and mileage of the pursuit and the North Sacramento Area will
HPM 100.86 7-6
discontinue their account of minutes and mileage. The South Sacramento Area will then add the minutes and mileage from both reportable instances and enter the total minutes and mileage of involvement into the PRS.
(a) If involved in the pursuit, the CHP Area supervisor shall remind the allied agency representative of their responsibility to submit a _______
_______________________
(5) As required by section 14602.1(a) CVC, allied agencies shall report their pursuit data to the CHP. They are required to submit a completed _____, Allied Agency Pursuit Report, to Support Services Section,
CHP 187A, CHP 187A,
b. Each pursuit report shall be completed _____ following the date of occurrence.
within seven calendar days
d. Any uniformed employees establishing a special relationship as defined in this manual should remain at the scene until one or more of the following occurs:
R R E A D N O
(1) They are properly relieved* by a departmental employee.
(2) They have relinquished* the scene management responsibilities to an
on-scene representative of the governmental agency having primary responsibility for the incident.
(3) They have learned of a reasonably apparent emergency* requiring their immediate attention elsewhere.
(4) They have received direction* from a supervisor to assume duties elsewhere.
(5) A peace officer’s assistance* and/or protection is no longer reasonably necessary.
e. Nothing in this manual shall be construed as requiring an officer to remain with a disabled motorist or other person after all reasonable steps have been taken to resolve the incident, so long as no* reasonable foreseeable danger to the individual or other* traffic exists.
b. An employee’s performance shall be subject to review by Area management when threshold levels for certain indicator criteria are met.
9-5 HPM 100.86
The following events will be used to identify circumstances warranting an
intervention advisory and supervisory review:
CC 3-18, UOF 3-12
(1) Adverse Action: 2 in 12 months.
(2) CHP 2, Incident Report – Censurable: 2 in 12 months.
(3) Civilian Complaint: 3 in 18 months.
(4) Miscellaneous Investigation: 2 in 12 months.
(5) Memorandum of Direction: 2 in 12 months.
(6) Use of Force: 3 in 12 months.
(7) Written Performance Documents – Positive: 2 in 12 months.
f. In those instances where the CHP has a support role, it is the responsibility of the on-scene supervisor to assume the role of the Department’s Agency Representative (AREP) in order to facilitate proper integration into the system being setup, ensuring CHP command and mission acceptance concepts are utilized within the appropriate sections of the responsible agency’s organizational structure.
(1) A supervisor/manager shall respond to emergency incidents, including crime scenes,
N H P
not* within the primary investigative authority of the Department,
that are adjacent to state property* where the Department has investigative authority (e.g., State Capitol), or
areas adjacent to freeways and highways* that significantly impact traffic management within the Department’s jurisdiction.
The supervisor shall be the AREP* for the Department and assist the allied agency IC by managing traffic in a manner that meets the needs of the incident and creates the minimum disruption to normal traffic. The rank of the CHP representative shall be commensurate with the size and scope of the emergency incident.
2-5 HPM 50.1
(2) Upon request of the responsible agency, employees of this Department may fill general staff roles even though the CHP would not otherwise be involved. Examples of this include, but are not limited to,
FLOP
operations,
planning/intelligence,
logistics, and
finance sections.
Requests for assistance shall have the approval of the next higher level of command before commitment.
(a) As soon as practical after an incident, a supervisor with direct knowledge of the incident shall complete a CHP 275.
(b) A completed CHP 275 shall be transmitted by Area to the appropriate Division _________ of the date of the incident. Division shall review the CHP 275, including any changes or corrections required to be made by the Area, and submit the report to ORM within seven calendar days from the date of receipt.
(c) In those instances when the CHP 275 cannot be completed in the aforementioned time frame due to extenuating circumstances, Areas and/or Divisions ______ notify ORM of the delay via e-mail to RiskManagementUnit@chp.ca.gov. The completed CHP 275 shall then be transmitted to ORM _________.
within seven calendar days,
shall,
as soon as possible.
(d) The mere display or threatened or attempted UOF option does not 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 _______ when it is believed an incident could result in civil liability for the Department and/or employee(s).
HPM 100.86 3-4
EXCEPTION: The discharge of a firearm by a departmental peace officer shall be reported utilizing the ______, whether or not the subject was struck.
CHP 268,
CHP 275
(e) A _______ shall be completed (documented as a _______) when a firearm was displayed only, during high-risk or felony procedures, and the civilian is later found to be an innocent party. The display of a firearm alone does not constitute a UOF for reporting purposes.
CHP 268,
Nonthreshold PCL Incident
(g) In the event more than one departmental employee is directly involved in a UOF incident, all Involved or Witness employees shall be included on _____ CHP 275 report, regardless of their Area of assignment, with appropriate roles designated.
EXCEPTION: In the event a departmental canine was deployed as a force option during a UOF incident, the details of the canine deployment shall be documented by a division canine supervisor on a _______ CHP 275. The CHP 275 completed by the Area supervisor shall still contain the details of all other force options utilized during the incident.
one,
separate,
(h) In the event more than one member of the public is directly involved in a UOF incident, all Involved or Witness members of the public shall be included on _____ CHP 275 report, with appropriate roles designated.
one
