HPM 100.86 Flashcards
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