HPM 100.86 Flashcards

1
Q

Threshold Incidents are ______?

A

-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.

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2
Q

All requests for release of information involving the incident (e.g., requests
under the Public Records Act) _____ be coordinated with ORM.

A

Shall

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3
Q

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.

A

Shall

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4
Q

_________________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.

A

Threshold Incidents

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5
Q

_________________require the appropriate preliminary or completed
CHP 268 transmitted to ORM within seven calendar days; however, ENTAC
notification is not required.

A

Nonthreshold PCL Incidents

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6
Q

Nonthreshold

Potential Civil Liability (PCL) Incident are_______?

A

-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.

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7
Q

Threshold incident notification and reporting timelines are?

A

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.

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8
Q

A Nonthreshold PCL Incident notification and reporting timelines are?

A

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.

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9
Q

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.

A

Shall / Shall

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10
Q

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.

A

Ten year / Five year / Incarceration

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11
Q

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.

A

Should

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12
Q

Copies of the CHP 268 _____ be included in the complaint investigation report or internal investigation.

A

Shall not

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13
Q

Use of Force incidents which do not

result in injury to a civilian_____ be documented on a CHP 275.

A

Shall

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14
Q

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.

A

Would not

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15
Q

The CHP 275 shall be completed for any
incident in which a peace officer utilizes force to overcome _________
from an uncooperative civilian.

A

physical resistance

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16
Q

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).

A

Does not

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17
Q

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.

A

Shall / Shall

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18
Q

Government Code Section 12525 requires the Department to report all in-custody deaths, in writing, to the Attorney General within _______ days from the date of incident. All in-custody/arrest-related deaths shall be reported to the Office of Risk
Management (ORM) within __________ days from the date of incident. The
California Department of Justice defines an in-custody death as any death that occurs
while an individual is: (1) in the process of arrest; (2) killed by use of force by law
enforcement; (3) in the temporary custody of a law enforcement agency; or (4)
incarcerated in a city, county, or state correctional facility.

A

Ten calendar days / seven calendar days

19
Q

Anytime unreported damage to a state vehicle is discovered. The ___ ____ 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.

A

last driver

20
Q

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 _______. An STD. 270 is required. A CHP 208 and/or CHP 555 are required if deemed
appropriate by the Area commander.

A

“Unknown”

21
Q

When unintentional damage is sustained by the acts of persons in-custody or unknown.
A ____________, shall be completed and submitted to Fiscal Management Section (FMS) indicating the cause of the damage.

A

CHP 51, Memorandum

22
Q

Exceptions to Reporting Procedures. The following scenarios do not require a
CHP 208 or STD. 270:

A

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.
(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.

(9) When malicious damage is sustained by the acts of persons
in-custody.

23
Q

A CHP 221, Malicious Damage Report,
A copy is forwarded to the local district attorney’s office within ____
days of the incident.

A

Five

24
Q

a completed STD. 270 cannot be
routed to DGS, ORIM, within 48 hours, a preliminary report shall be routed
within _____.

A

48 hours

25
Q

The DGS, ORIM, ____ be notified as soon as possible if a death, serious injury, illness, or substantial property damage occurs to a
nonstate party as a result of a vehicle collision.

A

Shall

26
Q

CHP 600 ____ be provided to each employee involved in a CHP
vehicle collision. A CHP 600 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.

A

Shall

27
Q

When a legally parked patrol vehicle or vehicle used for official state business is involved in a collision, the name of the officer in charge of the vehicle shall be entered on the STD. 270 with an appropriate statement such as _____ or _____ included in the “Accident
Details – Description” section.

A

“unattended vehicle” or “legally parked”

28
Q

A liability-only incident is an incident when there is an injury to a nonstate employee or damage to a nonstate vehicle/property and a connection between a state vehicle could be alleged. A liability-only incident shall be reported on the STD. 270. The “Check here for liability only” box, located at the top right hand corner of the STD 270, should be
checked for a liability-only incident. The reporting for a liability-only incident would involve, but is not limited to: ________, ______, _______, ________, ________.

A

A pursuit by the CHP which allegedly causes a collision of other
third-party vehicle(s).
2 An individual injures themself when shutting a CHP vehicle door
on their own hand.
3 A motorcyclist skids on the shoulder and overturns while being
signaled to pull over by a CHP uniformed employee.
4 A confused driver collides with a third-party vehicle while being
signaled to pull over by a CHP uniformed employee.
5 A departmental vehicle tire flips up a rock(s), causing damage to
another vehicle.

29
Q

Procedures for Privately Owned Vehicles. After the employee has attempted to recover all damages through insurance coverage, a _________, may be filed to claim reimbursement for outstanding costs

A

CHP 262, Travel Expense Claim

30
Q

Government Claims Board :Pursuant to Government Code (GC) Section 945.4, claims must be filed within _____ of the date of the alleged incident.

A

Six months

31
Q

For any claim of damage:
If a CHP 268, Risk Management Potential Civil Litigation Report, has not
already been created for the incident, the involved command ___ create a
CHP 268 as soon as possible.

A

Shall

32
Q

When an individual claims to have suffered a loss of $1,000 or less, they ____
be provided a CHP 287. A field supervisor ____ carry this form with them in order
to expedite the claim process.

A

Shall / should

33
Q

The commander shall ensure the CHP 287 is securely transmitted to ORM
within _____ of receipt.

A

48 hours

34
Q

If a South Sacramento Area unit pursues a suspect into the North Sacramento Area and a North Sacramento Area unit joins the pursuit, ___________ Area will discontinue accounting for minutes and mileage at that time. The ___________ will begin accounting for the minutes and mileage from the time they join the pursuit, as required above.

A

South Sacramento / North Sacramento Area

35
Q

Each pursuit report shall be completed within ________ days following the
date of occurrence. Notification shall be made to Division once the report has been
approved by the Area commander and coded as Pending Division Review
(abbreviated code PD) in the PRS.

A

Seven calendar

36
Q

Following receipt of a completed pursuit report, the reporting Area’s Division chief
shall review and submit the report to ORM within _______ days from the date of receipt.

A

Ten calendar

37
Q

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:

A

(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.

38
Q

Early Intervention System: The following events will be used to identify circumstances warranting an
intervention advisory and supervisory review:

A

(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.

39
Q

The employee’s commander ____ be ultimately responsible for deciding what
intervention strategy should be implemented.

A

Shall

40
Q

Should it be determined that an intervention is needed, employees ____ participate in the recommended intervention strategies. Examples of intervention strategies include, but are not limited to:
(1) Review of related departmental policies.
(2) Coaching (a form of nondisciplinary counseling by the employee’s
supervisor or other departmental resource).
(3) Career development activities, including training (e.g., individual training,
complaint avoidance, verbal de-escalation, Emergency Vehicle Operations
Course, defensive tactics, cultural diversity, human behavior, stress
management, conflict management, use of force).
(4) Referral to the Employee Assistance Program.

A

Shall

41
Q

Employees ____ choose to view any documents maintained in IAPro that would
also be contained in their personnel file. Employees wishing to view their IAPro file
should contact their Area commander to set up an appointment.

A

May

42
Q

Printouts and records associated with EIS shall be retained pursuant to the Department’s _________ schedule according to the specific incident type.

A

existing records retention

43
Q

Allied agencies are required by law to submit their pursuit reports to the CHP within ______ following the vehicle pursuit.

A

30 days