100.86 Flashcards
Threshold Incidents are defined as those incidents which have a high probability of resulting in the Department or State of California as a:
defendant in a civil lawsuit.
Threshold incidents (1):
Any incident in which a member of the Department is seriously injured or killed during the performance of their duties.
Threshold incidents. Serious injury is:
loss of consciousness, concussion, bone fracture, protracted loss or impairment of any member or organ, a wound requiring extensive suturing, and serious disfigurement.
Threshold Incident (2):
Any incident involving departmental personnel which results in serious
injury, hospitalization, or death to a member of the public.
Threshold Incident (3):
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.
Threshold Incident (4):
Any sensitive or complex internal investigation when the liability appears
to be that of the Department.
Nonthreshold PCL (1):
PV TC: Any incident involving a patrol vehicle collision which results in an “other
visible” or “complaint-of-pain” injury to other party or parties.
Nonthreshold PCL (2):
USE OF FORCE: 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.
Nonthreshold PCL (3):
HANDCUFFS: 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).
Nonthreshold PCL (4):
FELONY STOP - INNOCENT PARTY: When high-risk or felony stop procedures are used and the suspect(s) is/are later found to be an innocent party.
Nonthreshold PCL (5):
SLIP-N-FALL CIVILIAN: An incident where a civilian slips and falls in the front lobby of an Area office and sustains an injury.
Nonthreshold PCL (6):
SPIKE STRIP: When an innocent party’s vehicle runs over a spike strip.
Nonthreshold PCL (7):
PUSHBUMPER DAMAGE: Any incident when there is damage caused by the push-bumper removal of a vehicle or equipment from the roadway.
Threshold Incidents 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.
Nonthreshold PCL Incidents require the appropriate preliminary or completed CHP 268 transmitted to ORM within:
seven calendar days; however, ENTAC notification is not required.
A Threshold Incident requires immediate notification to ENTAC. A completed CHP 268 shall be transmitted by Area to the appropriate Division within:
seven calendar days of the date of the incident. (Div shall review and submit the report to ORM within ten calendar days from the date of receipt.)
In those instances when a CHP 268 cannot be completed in the aforementioned time frame, a preliminary report shall be created. The preliminary report shall contain all of the information available at the time the report is generated.
At a minimum, a preliminary report for a Threshold or Nonthreshold PCL Incident shall contain involved party information and a brief summary of the incident.
In the event more than one departmental employee is directly involved in an incident which could give rise to civil liability, only one report shall be completed. All employees shall be listed on the CHP 268 as “Involved” or “Witness” based upon their role in the incident. True of false?
True
The Risk Management Civil Litigation Report Materials and Documentation Checklist contained within the CHP 268 shall be completed for all Threshold and Nonthreshold PCL Incidents in lieu of a separate ___ ___, Critical Incident – Potential Civil Liability Documentation/Materials Checklist.
CHP 271
All materials/documents marked Preserved for Threshold Incidents shall be retained on a ___-_____ litigation hold.
ten-year (Nonthreshold five-years).
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 incarceration, whichever is:
longer.
If it is known that adverse action will be taken when completing the CHP 268, this fact should be noted within the Area Commander Review section of the CHP 268. Copies of the CHP 268 shall/shall not be included in the internal investigation package.
SHALL NOT be included…
The CHP 275 is intended for __________ gathering purposes in order to conduct trend analysis as well as to comply with state and federal reporting requirements.
statistical
The CHP 275 is subject to Public Records Act disclosure and is/is not protected under
the umbrella of attorney-client privilege.
IS NOT protected…
Use of Force incidents which do not result in injury to a civilian shall be documented on a CHP 275. For non-injury UOF incidents, a CHP 268 is only required when there is concern for potential _____ _________ arising from the incident
civil liability
Complaint of pain and/or visible injury shall be considered an injury for reporting purposes. This would not include 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. True or false.
True
When a subject attacks a peace officer and the attack results in serious or fatal injuries to the officer, or when a subject discharges a firearm at a peace officer, whether the officer was struck or not, Areas shall report utilizing a ___ ___.
CHP 275. NOTE: There is no requirement for the involved officer to have responded
to the above-listed attacks with a UOF for this section to apply.
As soon as practical after an incident, a supervisor with direct knowledge of the incident shall complete a CHP 275.
It shall be transmitted by Area to Division within _____ _______ days of the date of the incident.
seven calendar
In those instances when the CHP 275 cannot be completed in the
aforementioned time frame due to extenuating circumstances, Areas
and/or Divisions shall notify ORM of the delay via _-____.
A CHP 268 shall be completed (documented as a Nonthreshold PCL Incident) 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/does not constitute a UOF for reporting purposes.
DOES NOT constitute a UOF…
A CHP 275 shall be completed when any control hold is used to ________ ________ __________ from an uncooperative subject.
overcome physical resistance
An inadvertent injury or an unrelated illness during the course of an enforcement contact does not constitute a UOF for reporting purposes. These types of incidents should be documented on a:
CHP 268 as a Nonthreshold PCL Incident for liability purposes only. (e.g. a subject is scratched with a handcuff during the application of the handcuff; a subject faints during the use of a standard control hold; an officer unintentionally discharges an ECD and strikes a civilian with a probe; a departmental canine bites the wrong civilian.)
All in-custody/arrest-related deaths shall be reported utilizing the:
BCIA 713, Death In Custody
Reporting Form.
When malicious damage is sustained by the acts of persons in-custody a ___-___, Malicious Damage Report, shall be completed in triplicate and distributed as follows:
CHP 221
