100.86 Risk Management Manual Flashcards
_______ 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
________ and _______ should consider whether the incident could unfavorably reflect upon or cause embarrassment to the Department or another state agency
supervisors, managers
The following Threshold Incidents are not all-inclusive: List one of four given in the manual.
- 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.
A Nonthreshold Potential Civil Liability (PCL) Incident is defined as an incident not rising to the level of a
Threshold Incident, but which is deemed to potentially cause liability exposure for the Department. The following are examples of Nonthreshold PCL Incidents: List one of 6 examples given in the manual.
- 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.
- 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 other visible and/or complaint-of-pain injuries 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.
What is the requirement for Threshold Incidents notification to ORM via the ENTAC?
immediately
Nonthreshold PCL Incidents require the appropriate preliminary or completed CHP 268 transmitted to ORM within _______ ______ days
seven calendar
The CHP ______ is an attorney-client privileged document utilized for the purpose of relaying sensitive
information to the Office of Legal Affairs (OLA).
268
A Threshold Incident requires immediate notification to the ENTAC. A completed CHP 268 shall be transmitted by Area to the appropriate Division within ______ _______ days of the date of the incident.
seven calendar, (note same with nonthreshold)
The supervisor shall complete the ________ _______, including any perceived policy and/or law violations and whether the supervisor believes the employee(s) acted within departmental policy
supervisory review
All materials/documents marked Preserved for Threshold Incidents shall be retained on a ____-year litigation hold.
ten
All materials/documents marked Preserved for Nonthreshold PCL Incidents shall be retained on a _____-year litigation hold.
five
The CHP _____ is intended for statistical gathering purposes in order to conduct trend analysis as well as to comply with state and federal reporting requirements.
275
Use of Force incidents which do not result in injury to a civilian shall be documented on a CHP ____. For noninjury UOF incidents, a CHP ____ is only required when there is concern for potential civil liability arising from the incident (e.g. claims of excessive force, inconsistencies in statements versus evidence, violations of departmental policy).
275, 268
All UOF incidents which result in injury to a civilian shall be documented on a CHP ____ and accompanied by a CHP ____.
275, 268
True or false. Complaint of pain and/or visible injury shall be considered an injury for reporting purposes. This would not 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.
True
The CHP 275 shall be completed for any incident in which a peace officer utilizes force to overcome physical resistance from an uncooperative civilian. Supervisor will complete one immediately and forward to ORM within _____ _______ days.
seven calendar
The discharge of a firearm by a departmental peace officer shall be reported utilizing the CHP _____, whether or not the subject was struck.
275
A CHP _____ 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 not constitute a UOF for reporting purposes.
268
A CHP _____ shall be completed when any control hold is used to overcome physical resistance from an uncooperative subject. A CHP ____ is not required for the mere use of a departmentally approved handcuffing technique on a compliant subject.
275, 275
True or False. 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 separate CHP 275. The CHP 275 completed by the Area supervisor shall still contain the details of all other force options utilized during the incident.
True
For the BCIA _____ reporting purpose, custody is defined as any point in time when a person’s freedom of movement has been denied by law enforcement. This would include the following:
• During the process of arrest (e.g., issuance of a citation, high-risk and/or felony enforcement stops, lawful detention).
• Death of a person while attempting to elude police (does not include the death of an uninvolved third party out of a pursuit).
• In-custody arrest being transported to or from law enforcement facilities.
713
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 ____, STD. ____, and CHP ____ are required.
208, 270, 555 (similar for legally parked state vehicle which is struck by another vehicle. also pushing a vehicle and as a result the pushed vehicle is involved in a collision)
When malicious damage is sustained by the acts of persons in-custody. A CHP _____, Malicious Damage Report
221, for minor damage scenarios use chp 51
A completed STD. 270 shall be routed to the Department of General Services (DGS), Office of Risk and Insurance Management (ORIM), within ____ hours from the time of incident
48
CHP ____ shall be provided to each employee involved in a CHP vehicle collision. A CHP ____ instructs employees who have been involved in vehicle collisions about the disposition of collision records, and of the rights to privacy and access to such records
600
When an individual claims to have suffered a loss of $1,000 or less, they shall be provided a CHP ____. A field supervisor should carry this form with them in order to expedite the claim process.
287
All claims in excess of $_____ must be filed with the Government Claims Program (GCP). The claimant must complete a GCP claim online.
$1,000
Pursuit reports shall be completed and routed:
• To the respective Division within _____ _____ days from the date of the pursuit.
seven calendar
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: List one of five examples given in this manual.
- They are properly relieved by a departmental employee.
- They have relinquished the scene management responsibilities to an on-scene representative of the governmental agency having primary responsibility for the incident.
- They have learned of a reasonably apparent emergency requiring their immediate attention elsewhere.
- They have received direction from a supervisor to assume duties elsewhere.
- A peace officer’s assistance and/or protection is no longer reasonably necessary.
