HPM 100.67 Law Enforcement Assistance and inter-Jurisdictional Issues Flashcards
1
Q
Local Government: When a chief of police determines that an emergency situation in his/her jurisdiction may become or is already _________ of his/her department’s resources, it is his/her responsibility to request ________ from the operational area coordinator (county sheriff).
A
beyond the control
mutual aid
2
Q
Regional: Should an existing or anticipated emergency be of such magnitude as to require the commitment of the resources of one or more ________, it is the responsibility of the regional coordinator to organize the response of resources within the region. Cal OES has divided the state into ____ LE mutual aid regions.
A
operational areas
7
3
Q
State: If the combined resources of a law enforcement mutual aid region do not appear to be sufficient to cope with an emergency situation, the regional coordinator will request additional assistance through the _____________, Cal OES Law Enforcement Division.
A
state law enforcement mutual aid coordinator
4
Q
The CHP can be utilized at any response level and may be used to assist local law enforcement for ________, or other appropriate missions, even prior to a request for other mutual aid
A
firefighter protection
5
Q
Approval to Commit Resources: Approval of the ________ is required before committing CHP resources in response to a request for mutual aid.
A
Commissioner or designee
6
Q
All requests for unarmed assistance will be _____?
A
declined
7
Q
Command and Control: Departmental personnel committed to the support of local authorities _____may/ should/ shall remain under the command and control of the CHP
A
Shall
8
Q
LE employee organizations use various types of job actions, including strikes and sick-outs, to resolve labor controversies with their respective governing bodies. Since strikes and sick-outs reduce the availability of local law enforcement, the Department may be asked to provide police services to a local jurisdiction experiencing a job action. Departmental personnel _____ may/ should/ shall not provide service or assistance to a city or county law enforcement agency involved in a job action unless authorized. This authorization may only be granted by the Commissioner; Deputy Commissioner; Assistant Commissioner, Field; or Assistant Commissioner, Staff.
A
Shall
9
Q
In most cases, national parks are exclusive jurisdiction enclaves. Local or state law enforcement personnel are prohibited from assisting in mutual aid situations because of a complete lack of authority. Until a system has been developed to provide CHP personnel with proper authority in national parks, the Department will continue its ________ in national parks held under exclusive jurisdiction.
A
no assistance position
10
Q
Commanders should refer all requests for mutual aid from the National Park Service or other exclusive jurisdictions to the _________. Commanders shall then notify, through channels, the Assistant Commissioner, Field, regarding the request.
A
Cal OES Law Enforcement Branch
11
Q
If requested by the governing body of a newly incorporated city, CHP will continue to provide traffic enforcement services without reimbursement for the remainder of the _______ or until establishment of a PD, whichever occurs first.
A
fiscal year of incorporation
12
Q
________ provides that the Department shall have primary jurisdiction for the enforcement of laws, and for the investigation of traffic accidents, on all toll roads and state highways constructed as freeways, including adjacent transit facilities.
A
CVC 2400(d)
13
Q
The original Interstate Mutal Assistance agreement documents are maintained by the _______ Section. Copies of the agreements are readily available to CHP personnel and can be faxed or mailed upon request; employees may call EOSS Section, at (916) 843-3250, to request a copy
A
Emergency Operations and Safety Services (EOSS)
14
Q
Peace Officer Authority: The respective commissioner or chief of each party (OR, NV, AZ) has agreed that any law enforcement officer who is regularly employed by the CHP or the affected state’s highway patrol, DPS, or state police is a peace officer in the other state whenever either of the following conditions are met:
o In response to a request for services initiated by either state.
o Upon the recognition by any such officer of a situation or circumstance within the jurisdiction or territory of the bordering state which requires immediate law enforcement action or other emergency action
o Shall be limited to area within ______ miles of any point along the common border.
A
50 statute
15
Q
Officers of the assisting state who are subpoenaed to court or other administrative hearings or boards, as a direct result of providing assistance, ____ may/ should/ shall honor all subpoenas by the requesting state.
A
Shall
16
Q
Fresh Pursuit Acts. Bordering state’s Fresh Pursuit Acts statutorily extend peace officer authority to officers from other states when in “fresh pursuit” of a fleeing _____?
A
felon
17
Q
Whether a felony or misdemeanor violation is involved, it is the policy of the Department to turn over pursuits entering adjoining states to the appropriate law enforcement agency having jurisdiction ____?
A
as soon as possible.
18
Q
Felony Pursuits: All bordering states have Fresh Pursuit Acts. They convey peace officer status to officers who enter the state in fresh pursuit of a known or suspected felon. Thus, an officer who initiates a felony pursuit in California _____may/ should/ shall continue the pursuit, should the circumstances warrant.
A
May
19
Q
Misdemeanor Pursuits: Per the Interstate Mutual Agreements, officers are permitted to pursue for up to ______. If violator is DUI _____ may/ should/ shall detain and turn over to appropriate law enforcement agency.
A
50 statute miles
Should
20
Q
Enforcement Infractions: Routine stops are prohibited. When the violation presents an on-going safety hazard and “immediate law enforcement action” is necessary, officers _____may/ should/ shall make an enforcement stop. Motorists stopped _____ may/ should/ shall not be cited at the scene. Officers should obtain sufficient identifying information upon which to file a complaint. If warranted, a complaint may be filed later through the appropriate California district attorney’s office.
A
May
Should
21
Q
Investigative Follow-up: Normally, when conducting felony or misdemeanor investigative follow-up, officers should not exceed ______ from the state border without supervisory approval – basically for felony or misdemeanor stay within the 50 miles. For “fresh pursuit” applicability, officers should clearly articulate investigation was timely and continuous, and any circumstances causing delay should be well documented.
A
50 statute miles
22
Q
- Exclusive Federal Jurisdiction
All power is vested in federal government. The state and its political subdivisions are without power to enforce either federal, state, or local laws. Neither the state nor local government has an obligation to furnish services within the boundaries of the federal property, but they ____ may/ should/ shall protect the property when requested. The state has retained the right to serve criminal and civil processes.
A
May
23
Q
Federal Jurisdiction
o Exclusive jurisdiction can only relate to federal property acquired before _____, and it begins at the boundary line of the federal property as it existed at the time exclusive jurisdiction was ceded by the state. Such properties can range in size from a federal building situated on less than one acre, to a national park encompassing in excess of 1,000 square miles.
A
1940
24
Q
Federal Jurisdiction
* Partial Jurisdiction
o The federal government exercises some authority, and the state (including its political subdivisions) exercises some authority beyond the right to serve civil and criminal processes.
o The most common partial jurisdiction arrangement cedes exclusive _______jurisdiction to the federal government while the state has reserved the power of _______. For day-to-day LE activities, there is no practical difference between exclusive and partial jurisdiction.
A
criminal and civil
taxation
25
Concurrent Jurisdiction: The federal government, state, and local governments each have the right to exercise the same authority over the land, including the right to prosecute for crimes. The state and local governments also have an obligation to furnish their normal services as elsewhere in the state. Routine CHP traffic operations do not include citing for violations of federal civil law (only appropriate federal agency representative can cite these). All ______ fall within concurrent jurisdiction.
national forests
26
* Proprietary Jurisdiction
o The federal government has an interest in (or title to) these properties, but has no jurisdiction over them. Federal law enforcement officers are only empowered to make private person’s arrests for most crimes, unless they have been appointed as law enforcement officers by the state. The Department is obligated to provide its full range of services, including collision investigation, code enforcement, and mitigation of on-highway hazardous materials incidents.
o The following categories of federal land fall within this classification:
Aviation beacons Federal Aviation Agency
Low Rent Housing Projects Housing and Home
Finance
Soil Conservation Facilities Agriculture
Off-Base Military Housing Defense
Corps of Engineers Projects
Bird and Wildlife Refuge Interior. Federal Gov’t.
has retained the right
to enforce Migratory
Bird Conservation Act
of 1919.
Reclamation Projects Interior
Public Domain Bureau of Land
Management
National Conservation and
Wilderness Areas
27
* Mixed Jurisdiction – Many federal lands are a mix of jurisdictions based upon when and how land was acquired, cessions by state, and subsequent retrocessions by the feds.
* Retention of Jurisdiction – Once exclusive, partial, or concurrent jurisdiction has been ceded to the feds, that jurisdiction is retained until the feds:
o Abandon property and deeds it to a nonfederal agency, -or-
o Retrocedes jurisdiction over all or part of property to state, and state accepts retrocession, -or-
o Fails to renew a cession originally granted after 1976.
28
o Criminal jurisdiction on Indian reservations and rancherias are as follows:
Federal officials are limited to enforcing __ criminal law
State officials have _________ jurisdiction
Tribal officials have proprietary jurisdiction excluding the ability to_____ and punish ________?
federal
proprietary
adjudicate
non-Indians
29
NOTE: This criminal jurisdictional breakdown is a result of 18 United States (U.S.) Code § 1162 (commonly known as Public Law 280 [herein “PL 280”]) and federal case law. Under PL 280, state criminal laws (county and city ordinances do not apply) have the same force and effect on Indian reservations and rancherias as they have elsewhere in the state. However, the state’s criminal jurisdiction is exercised concurrently with tribes who may have tribal criminal laws that can be applied to their tribal members or members of another tribe, but not to non-Indians. This limitation does not prevent a tribal law enforcement officer from detaining a non-Indian on tribal lands to determine if they are non-Indian and whether a state law has been violated. If a crime has been committed, the officer can either transport the person to state law enforcement authorities or detain the person so that state law enforcement can take custody
30
o Indian reservations and rancherias are to be considered ______ jurisdiction with respect to civil matters, and neither the Department nor local government can cite for parking violations, impose Administrative Per Se driver license sanctions, enforce the “zero tolerance” minor driving-under-the-influence law, or enforce local ordinances. However, these violations, when committed by tribal members on ______________ are enforceable by the Department.
exclusive
another tribe’s reservation or rancheria, or by non-Indians,
31
CHP will only enforce ______Code on non-Indians.
Fish and Game
32
* Exclusive or Partial Jurisdiction
o Area commands will neither routinely patrol nor take enforcement action on any highway within an ____ or ____ property. Exceptions will be handled through the AC, Field, on a case-by-case basis.
o Under extraordinary circumstances, a request for mutual aid or the Area command may be directed to patrol and take enforcement action.
Affected officers must be deputized as _______ before beginning such assignment
All enforcement actions will be undertaken under the ________.
Use the following format to write violations on CHP 215
* “23152a CVC – DUI, 18 USC 13, ACA”
Violators will be cited into _____ court
exclusive-
partial-jurisdiction
US Marshals
Assimilative Crimes Act
federal
33
* Concurrent Jurisdiction
o Consistent with the Area's resources, Area commands will patrol all highways and take appropriate enforcement action, unless the Area commander, the Division chief, and the federal administrator have agreed that the Department shall defer patrol responsibilities to the appropriate______.
federal agency
34
* Proprietary Jurisdiction
o Area commands will include in beats 1-699 and, consistent with the Area's resources, will routinely patrol
State and county maintained highways within federal property
Highways which are maintained by feds, unless ________ is provided by fed agency
traffic enforcement
35
* Proprietary Jurisdiction
o Even though the state has jurisdiction on these properties, commands will not routinely patrol and will not include in beats 1-699, highways which are
Maintained by an agency of federal government, such as an _________________________________.
Indian reservation, proprietary military base, or proprietary national monument
36
* Proprietary Jurisdiction
* If requested by affected fed agency and resources permit it, Area commands will ______ on highways not routinely patrolled and not included in beats 1-699.
* Officers will take appropriate enforcement action for violations detected in the course of those investigations.
Subject to Section 592 CVC
investigate collisions
37
Entering Into Agreements with Federal Agencies
* Concurrent Jurisdiction
o Because state and federal government have identical jurisdiction, Area commands shall attempt to negotiate on operating agreement to provide optimum level of traffic law enforcement on federal property.
o Such agreements must include ____________?
* Exclusive, Partial, or Proprietary Jurisdiction
o Area commands may have operating agreements or MOUs w/feds
Might focus on ___________________?
collision response, traffic law enforcement, mutual aid responsibilities, mitigation of HazMat incidents, and other issues.
right of pursuit, collision response, traffic law enforcement, mutual aid responsibilities. Mitigation of HazMat, etc.
38
A foreign national is anyone who is not a citizen of the United States. A person with dual-citizenship, U.S. and foreign, ____ is/ is not a foreign national?
is not
39
Officers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity alleged by violators. However, a person _____ may/ should/ shall not be subjected to in-custody arrest when:
Diplomatic or consular immunity is claimed by the individual or suspected by the officer, and
The officer has verified or reasonably suspects that the claim of immunity is valid
Shall
40
The host country's right to protect its citizens ______ immunity privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of public safety or the commission of a serious crime, regardless of immunity claims
supersedes
41
o Diplomatic agents (_______ and _____) are afforded the highest levels of immunity. They are exempt from arrest or detention and are immune from all criminal (and most civil) prosecution by the host state. The family members of diplomatic agents ____ are/ are not afforded these same immunities.
ambassadors and United Nations representatives
Are
42
o Consular officers are the ranking members of consular posts who perform various formal functions on behalf of their own governments. Typical titles include_____, _____, ______. These officials are immune from arrest or detention, except pursuant to a felony warrant. However, they are only immune from criminal and civil prosecution arising from _____.
Official acts of immunity must be raised as an affirmative defense in the court of jurisdiction, and their validity is determined by the court. Under this defense, the prohibited act itself must have been performed as an official function; it is not enough that the consular agent was on duty or in an official capacity at the time of the violation. The family members of consular officers generally ____ do/ do not have immunity. However, any family member who is afforded a higher level of immunity is issued an identification card by DOS, enumerating any privileges or immunities on the back of the card.
consul general, consul, and vice consul
official acts
Do Not
43
o Consular employees (_____, ____, _____) have immunity only for official acts.
Service staff (_____, _____, ____) generally do not have any immunity. (Exceptions include staff from ____ and ____ consulates: special agreements afford these personnel the same immunity as consular officers.)
advisors, attachés, chancellors
cooks, housekeepers, chauffeurs
Russian and Chinese
44
o Honorary consuls (________) may be arrested and detained; limited immunity for official acts may be available as a subsequent defense. Family members have no immunity Identification: All diplomatic and consular personnel who are entitled to immunity are registered with the _____ and are issued distinctive identification cards by the DOS Protocol Office.
part-time employees of the country they represent
Department of State (DOS)
45
Identification – All diplomatic and consular personnel with immunity are registered with the _______ and issued distinct ID cards by DOS. These cards are best means for ID. They will have a photo, ID info, and a ________ on the reverse. They may also be issued a DL from DOS, which replaces the operator’s license issued by the state.
Department of State (DOS)
description of the type of immunity
46
Vehicle Registration: Vehicles which are owned by foreign missions or foreign service personnel and their dependents are registered with the________ license plates.
DOS, Office of Foreign Missions (OFM), and display distinctive red, white, and blue
47
All foreign service personnel are to be treated with respect and courtesy.
Citable Offenses: An enforcement document ___ may/ should/ shall be issued at the scene for all violations warranting such action, regardless of the violator's immunity status.
Shall
48
Identification documents are to be requested of the claimant. The title and country represented by the claimant are to be recorded on the _______. The claimant shall be requested to sign the CHP 215. If the claimant refuses, the identity and immunity status of the individual ____may/ should/ shall be conclusively established
back of the officer’s copy of the CHP 215 for later reference – not the face
Shall
49
Verified diplomatic agents and consular officers, including staff and family members from countries with which the U.S. has special agreements, are not required to sign the CHP 215. The word _____ shall be entered in the signature box, and the violator shall be released.
"Refused"
50
Verified consular staff members, excluding those from countries with which the U.S. has special agreements are generally obligated to sign the CHP 215, but a signature shall not be required if their immunity status is _____. All other claimants are subject to the provisions of California Vehicle Code. The violator shall be provided with their copy of the CHP 215.
uncertain
51
Diplomatic agents and consular officers are immune from arrest or detention (unless they have no ____ and the detention is to verify their diplomatic status). Proper identification of immunity claimants is imperative in potential in-custody situations. Claimants who are not entitled to immunity ___may/ should/ shall be placed in-custody.
identification
Shall
52
A subject who is placed under arrest and claims diplomatic or consular immunity ___may/ should/ shall not be physically restrained before verification of the claim (unless restraint is necessary for the protection of the officer or others).
A supervisor ___ may/ should/ shall be promptly notified and ____may/ should/ shall respond to the scene whenever possible.
Shall
Shall
Should
53
Field verification of the claimant's identity is to be attempted. ID cards issued by DOS are the only valid evidence of diplomatic/consular immunity. The following types of identification cards are issued: Diplomatic (____ bordered), Consular (___ bordered), and Official (____ bordered).
Initiate telephone verification with DOS. Newly arrived members of diplomatic or consular missions may not yet have official DOS identity documents.
blue
red
green
54
Members may also have other forms of ID, but these are not verification, only indications that there may be a valid claim of immunity. ____is the only authoritative source of correct immunity. Foreign embassies or consulates _____ may/ should/ shall not be contacted.
Department of State (DOS)
Shall
55
Subjects verified as being officials entitled to immunity (diplomatic agents, consular officers and consular staff, and family members from countries with which the U.S. has special agreements) may not be arrested.
If the release of the violator will not create an additional hazard, adequate information to properly identify the violator and the vehicle shall be recorded and the violator shall be released. A supervisor's approval for the release ____ may/ should/ shall be obtained whenever possible.
Shall
56
If the violator with diplomatic immunity appears to have been DUI, FSTs and chemical tests ____ may/ should/ shall be offered and obtained whenever possible, but cannot be compelled. The subject shall not be permitted to drive. A supervisor's approval for release ____ may/ should/ shall be obtained whenever possible, and alternative transportation should be arranged.
All facts of the incident shall be documented in accordance with GO 100.39 and CHP 202. Notwithstanding the field release of the subject, prosecution is still appropriate and ___may/ should/ shall be pursued by the command concerned.
Should
Shall
Should
57
Persons involved in traffic collisions who possess a DOS, OFM Diplomatic Driver License, issued by the DMVO, shall have _____ coded in the license "class" box of the CHP 555.
"D"
58
Vehicles which are owned by subjects with full immunity may not be searched, stored, or impounded without the owner's permission. (Such permission may be assumed if the vehicle has been _____). These vehicles _____may/ should/ shall, however, be towed the necessary distance to remove them from obstructing traffic or creating any other hazard.
stolen
May
59
A photocopy of each CHP 215, CHP 216, or CHP 202 involving an identified diplomat and/or immunity claimant shall be sent via email within _____ to Assistant Commissioner, Field (ACF), at CHP-ACF_REQUEST_FOR_ACTION, whether or not the claim is verified. “Immunity claim” shall be marked on all copies, together with claimant’s title, country, and type of ID presented. A follow-up cover memo should be submitted if violation was flagrant, claimant was uncooperative, or any unusual aspects of contact which should be reported to DOS for further action. Area shall send a copy of all documents and reports sent to ACF to respective Division. Reports to ACF are forwarded to _____ for follow-up with OMF.
48 hours
Research and Planning Section (RPS)
60
OFM will contact court jurisdiction for case disposition. OFM will assess points to DOS licenses. Area commanders involved, ____ may/ should/ shall arrange for notification from courts if claimant FTAs.
Should
61
Officers shall arrest foreign nationals who do not claim diplomatic or consular immunity only under the following circumstances:
o There is a valid warrant issued for the person's arrest.
o The foreign national has violated a federal criminal law, a state law, or a local ordinance.
o Officers shall not stop or detain persons solely for the purpose of determining immigration status.
62
Persons are illegally present if they unlawfully entered the US or if they remain after the expiration of their visa. Officers shall not arrest or detain foreign nationals solely for alleged illegal presence in the U.S. Deportation proceedings are civil, rather than criminal, and only enforceable by _____
federal officers
63
Detention for United States Immigration and Customs Enforcement: Officer ___ may/ should/ shall not detain foreign nationals for illegal presence, nor ____ may/ should/ shall officers prolong the duration of an unrelated lawful detention or criminal arrest to facilitate ICE response
Shall
Shall
64
A person who enters the U.S. at other than the time and place designated by an immigration officer has illegally entered the U.S. Illegal entry is a _____ offense (8 U.S. Code Service [USCS] Section 1325). Officers may arrest for violations occurring in their_____.
o Probable cause – Illegal or undocumented presence of an individual is not sufficient PC to support an arrest for illegal entry
o Duration of offense – Offense begins upon physical entry and terminates upon foreign national reaching a place of temporary safety.
misdemeanor
presence
65
Illegal transportation of a foreign national – Knowingly harboring or transporting a foreign national in furtherance of violating immigration laws is a _____ (8 USCS Section 1324). If officers have sufficient reasonable suspicion, they should detain suspects for ICE. Lengthy detentions may be considered an arrest and must be based upon PC.
felony
66
DOJ flags (through ACHS) the record of foreign nationals who have been previously deported. A CLETS hit alone is ______ PC for arrest.
Flagged persons are individuals who have been released from CDCR facilities (Convicted Felons), and officers should exercise appropriate caution
insufficient
67
A NCIC number begins with an “N” is also indicative of _____. This is notification only, and no PC for arrest exists from this.
A NCIC number beginning with a “W” is indicative of a ____. Officers shall take appropriate action upon confirmation.
deportation
federal warrant
68
CA Statutory Violations – Falsification of citizenship documents is a violation of CA statutes. 113PC is a ______, and 114PC is a _____. Officers shall take appropriate enforcement action of _______violations.
wobbler
felony
observed
69
Whenever an officer arrests or detains an individual for greater than ____for a criminal investigation, and the officer reasonably believes the person is a foreign national, the officer _____may/ should/ shall attempt to determine the person’s citizenship.
2 hours
Shall
70
If the individual indicates they are a foreign national, or if the officer suspects the individual is a foreign national, the officer ______ may/ should/ shall advise the individual they are entitled to have their country’s consular representative in the U.S. notified of the arrest or detention and they have the right to communicate with an official from the consulate or embassy of their country.
Shall
71
The following is a suggested advisement to what?? “As a non-US citizen who has been arrested/detained, you are entitled to have your country’s consulate or embassy notified of the arrest/detention and you have the right to communicate with an official from your country’s consulate or embassy. Do you want to notify and communicate with a consulate or embassy official?”
Detained/ arrest foreign national
72
True or False:
Section 834cPC requires officers to advise actual and suspected foreign nationals of the right to communicate with an official from a consulate or embassy of their country when arrested and booked or detained longer than two hours.
True
73
If an individual requests consular contact, the officer _____ may/ should/ shall request that the CHP communications center notify the appropriate embassy/consulate as soon as practical. Provide: Country of citizenship, Full name, DOB, Place of birth, passport number, residence, and time/date/place of incarceration/detention with a 24-hour number for place of arrest/detention.
Shall
74
Mandatory Notification. If the foreign national claims citizenship, or is suspected of being a citizen, of one of the countries listed in Annex G officers shall notify (through the appropriate CHP communications center) the consulate or embassy of the arrest or detention even if the arrestee/detainee requests no contact.
See the long list of annex G
75
Officers should attempt to provide the comm center with requests for embassy/consulate notification at the same time they provide _______info in order to expedite notifications.
incarceration
76
Assertion of the right to consular contact does not prevent subsequent questioning. Irrespective of a consulate’s request to cease questioning, officers _____ may/ should/ shall continue to question and/or investigate. It is essential, however, that officers ensure subjects are properly Mirandized. Indication that the subject fully understood their Miranda rights should be ______.
Shall
documented
77
834cPC charges custodial facilities with allowing foreign nationals to communicate with, correspond with, and be visited by a consular official. If detained elsewhere, it is the _______ responsibility to do the above.
officer’s
78
Asylum. If a foreign national indicates they have applied for asylum or withholding of removal in US, this information _____ may/ should/ shall be disclosed to that person’s government when making notifications.
Should
79
In instances involving arrest, it ____ may/ should/ shall be documented on the arrest report that the arrestee was advised of their right to communicate with a consular official, and whether or not notification was made through the comm center.
Shall
80
In instances of detentions exceeding _____ where the person is ultimately released, the incident shall be documented on the appropriate form (202, 216, 202D, etc.), the advisement and result shall be included. Reports shall be submitted for supervisory review. Reviewed reports on 202/216 should be filed and retained for the same procedure of misdemeanor/felony reports. 202Ds shall be retained per GO 100.91.
two hours
81
Notification for “Flagged” Foreign Nationals – If an officer arrests a foreign national with a possible CLETS, NCIC flag, or other warning code, the officer ____ may/ should/ shall notify the booking facility.
Shall
82
The Vienna Convention on Cosular Relations (VCCR), in addition to certain bilateral agreements, requires that if federal, state, or local government officials become aware of the death of a foreign national in the U.S., they must ensure that the consulate of that person’s country is notified of the death. Injuries _____are/ are not required notifications, unless specifically requested to make notification on behalf of the injured.
Are Not
83
The CHP, in order to conform with the VCCR and DOS guidelines, will make reasonable efforts to ensure that the appropriate embassy/consulate is notified in the event that a foreign national is killed in a traffic collision or due to circumstances occurring under the Department’s investigative jurisdiction.
If the death occurs in an Area where the local coroner or medical examiner makes consulate/embassy notification, the assurance of notification can be ______ to be fulfilled.
If death occurs where coroner/ME does not make notifications, it is the ______ to make notification.
presumed
Department’s responsibility
84
In cases where injury of foreign national occurs in CHP jurisdiction, they _____ may/ should/ shall be advised the Department can advise their consulate/embassy if they desire
Should
85
Responsibilities of Area commander regarding Foreign National Notifications:
Coordinate w/local coroner/ME to ensure notifications are made be either coroner/ME or Area office.
Establish SOP that indicates who makes notification.
Those commanders responsible for comm centers shall ensure SOP is established for notifications to embassy/consulate within dispatch responsibility.
86
If an investigation or report is completed documenting an event that involves a foreign national killed or injured (e.g., CHP 555, CHP202/216) embassy/consulate advisement and notification, if applicable, ______ may/ should/ shall be noted in the investigation or report.
Should
87
The Victims of Trafficking and Violence Prevention Act of 2000 created Victim of Crime Visa, or a U-Visa. A U-Visa grants relief from deportation and permits work in the US
U-Visa process is for victims of serious crimes and was created to encourage cooperation between ____ and ___?
_____ is responsible for providing U-Visa certifications under specified circumstances
noncitizens and LE
Law Enforcement
88
(Policy Update!)
SB 674 created 679.10 PC, which requires LE to review U-Visa requests w/in ___ of receipt. If requestor is subject to deportation, the U-Visa shall be reviewed w/in ____.
30 days
14 days
89
679.10 PC requires a U-Visa requestor must be victim of a qualifying criminal activity or crime similar to any qualifying crime.
U-Visa requestor must be helpful in the investigation. Pursuant to 679.10 PC, helpfulness is a rebuttable presumption, and a certifying official may only withdraw the certification if a victim refuses to provide info and assist when _____ necessary
reasonably
90
Most current U-Visa certification can be found on ____ and ______ Web site.
US Citizenship and Immigration Service
91
Commissioner has authorized ______ to review U-Visa certification requests for incidents occurring in their command. Area recommendation ______ may/ should/ shall be reviewed by Division before requestor is notified in writing of decision.
Area commanders
Shall
92
When possible, U-Visa requests received by uninvolved Areas shall be forwarded to the appropriate Area or allied agency for review/disposition _____?
ASAP
93
Review should seek to substantiate requestors claim by reviewing any/all info related to incident. Review may include collision reports, arrest reports, CAD logs, memos, etc. which could be relevant to review process.
Qualifying criminal activities include:
The Department will also certify U-Visa for crimes substantially similar to those above.
rape, torture, human trafficking, incest, DV, Sexual assault, abusive sexual conduct, prostitution, Sexual exploration, Female genital mutilation, being held hostage, Peonage (debt slavery), perjury, Involuntary servitude, slavery, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, fraud in foreign labor contracting, and stalking.
94
Section 679.10 PC requires law enforcement agencies to provide a copy of the police report, upon request, to the victim, licensed attorney representing the victim, or representative accredited by the U.S. Department of Justice authorized to represent the victim in immigration proceeding within _______ of the request
seven days
95
Indirect Victims – In some cases, U-Visa request may come from the relatives of the victim. Department will certify U-Visa requests from victim’s spouse, unmarried children under 21, parents, or unmarried siblings under 18 if the victim is under 21 and a victim of:
Murder, Manslaughter, or is incompetent/incapacitated as a result of a qualifying crime and is unable to assist in investigation/prosecution.
96
Common Invalid Claim – Divisions/Areas should not approve U-Visa requests for misdemeanor/Felony _____ alone.
DUI
97
Review Area Commanders responsibilities
98
The Department has _____ from the date it receives the U Visa certification request, or seven days if the requestor is subject to immigration removal proceedings, to conduct a review and respond to the requestor.
30 days
99
If the review/response will exceed _____, or it is unclear if requestor is subject to deportation, the commander shall respond to the requestor in writing to ascertain status of any immigration removal proceedings.
7 days
100
Once Area command has reviewed a U-Visa request and responded in writing, Area shall forward all written correspondence and completed forms to _____ through interoffice mail (RPS will include this information in an annual legislative report).
o Retention – Areas shall retain copies of all U-Visa certification request documentation for a period of _____ years.
Research and Planning Section (RPS)
three
101
VTVPA also created T-Visa, which allows qualified victims of specified human trafficking crimes to apply for citizenship status.
AB 2027 created 679.11 PC which requires LE to review T-Visa requests w/in _____ of receipt. If requestor is subject to deportation, the T-Visa shall be reviewed w/in _____.
30 days
7 days
102
T-Visa requests are much less frequent than U-Visa requests. If received, Areas ____ may/ should/ shall conduct a comprehensive review using the same process established to review U-Visa requests, and approval criteria found on the US Citizenship and Immigration Services website. Areas and Divisions in receipt of T-Visa certification requests are encouraged to contact RPS for additional assistance.
Shall
103
Final destination of Gaming Equipment devices must be a legally licensed gaming, storage, or repair facility, either in CA or a state or country where the device is legal.
o A tribe must provide at least _____ days’ notice of transportation to sheriff’s department in county where tribal land is located.
10
104
Areas shall retain all T-Visa certification request documentation and associated correspondence for ______ years.
three
