HPM 100.86 - RISK MANAGEMENT Flashcards
A CHP 268 shall be completed and forwarded to ORM within ______ calendar days
7 Calendar Days
Form - Risk Management Potential Civil Litigation Report
CHP 268
_____________ 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
Threshold Incidents examples: (4)
- Officer seriously injured / killed in line of duty.
- Incident with officer / serious injury, hospitalization or death to member of public.
- Officer discharges firearm. (On purpose or not) (Whether hits someone or not) (On or off duty)
- Any sensitive/complex internal investigation when liability appears to be that of the Dept
NON Threshold Potential Civil Liability Incidents:
(MAY cause liability)
- PV CRASH results in other visible / COP injury to party that is not a member of Dept. (A non-serious injury)
- USE OF FORCE results in visible / COP injury to suspect
- Incident involving other visible / COP injury from the USE OF HANDCUFFS (redness/indentations only don’t require CHP 268)
- Felony stop on innocent person
- Civilian slip/fall in front lobby
- Accidental spike strip
- Damage caused by push-bumper
Threshold Incidents require an immediate notification to who?
ORM via ENTAC
NON Threshold incidents require CHP 268 sent to ORM within ___ calendar days.
However, ______ notification is not required.
Within 7 calendar days
No ENTAC notification
The ________ form is an attorney-client privileged document utilized for the purpose of relaying sensitive information to the Office of Legal Affairs (OLA).
CHP 268
A completed CHP 268 shall be transmitted by Area to the appropriate Division within
______ calendar days of the date of the incident.
7 calendar days
Division shall review the CHP 268 (including changes or corrections Division requires Area to make) and submit the report to ORM within _____ calendar days from the date of receipt.
Within 10 calendar days from receiving it
A NON-THRESHOLD PCL Incident requires the transmission of
a completed CHP 268 by Area to the appropriate Division within ______ calendar
days of the date of the incident.
7 calendar days
For a NON-THRESHOLD incident, Division shall review the CHP 268 and submit the report to ORM within _____ calendar days from the date of receipt. Notification to ______ not required.
10 calendar days
Don’t need to notify ENTAC
In those instances when a CHP 268 cannot be completed in the required time frame, a ___________ report shall be created.
Preliminary
As soon as practical after an incident, a supervisor with direct knowledge of the incident shall complete a _________________ of the incident and submit the report to ORM
Chronological summary
In the event more than one departmental employee is directly involved in an incident which could give rise to civil liability, how many reports shall be completed?
Only one report.
All employees shall be listed on the CHP 268 as “Involved” or
“Witness” based upon their role in the incident.
In the event more than one SUBJECT is directly involved in an incident, how many liability reports shall be completed?
Only 1 report.
All subjects shall be listed on the CHP 268 as “Suspect,” “Witness,” “Victim,” “Driver,” or “Passenger” based upon their role in the incident.
The preliminary CHP 268 shall be stored where?
In the Area’s Risk Management Reports folder located under Favorites in Windows Explorer. Saving the report to the Risk Management Reports folder will serve as the required written notification to ORM
After a liability incident, 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.
the Supervisor Review
This review shall include any follow-up investigation
How long are THRESHOLD Incident documents required to be retained?
Shall be retained on a 10 year litigation hold
How long are NON-THRESHOLD Incident documents required to be retained?
Shall be retained on a 5 year litigation hold
If an incident involves criminal prosecution and results in incarceration, the liability documents shall be retained as evidence for how long?
Held for the required time periods (5/10 years)
OR the length of incarceration, whichever is longer.
Copies of audio/video recordings (MVARS, mobile phones, body cameras) should not be mailed to _____ unless a request is sent
ORM
They can be mailed with “Confidential” on outside of envelope
Form - Risk Management Use of Force Report
CHP 275
Use of Force WITHOUT injury. Is a CHP 275 required?
Is a CHP 268 required?
Yes. Shall be documented on CHP 275.
No. A CHP 268 is only required when there is a concern for civil liability (claims of excessive force, violations of policy, statements don’t match evidence)
ALL use of force incidents that result in INJURY to a civilian, SHALL be documented on a ______ along with a _________
CHP 275 and CHP 268
ECD deployments where ONLY injury is probe/puncture marks OR incidents where proper handcuffing results in redness/indentations ARE or ARE NOT considered a Use of Force Incident resulting in injury?
No. These are not considered uses of force with injuries.
What form shall be filled out if a subject attacks a peace officer and the attack results in serious or fatal injuries to the officer?
CHP 275
What form shall be filled out if a subject discharges a firearm of a peace officer, whether the officer was struck or not?
CHP 275
The CHP 275 shall be completed for any incident in which a peace officer utilizes force to overcome ______________________ from an uncooperative civilian.
Physical resistance.
How soon after a use of force incident shall a supervisor complete a CHP 275?
As soon as practical
A completed CHP 275 shall be sent by Area to Division within ____ calendar days.
Within 7 calendar days of the incident.
A completed CHP 275 shall be sent by Division to ORM within ____ calendar days.
Within 7 calendar days.
In those instances when the CHP 275 can’t be completed in the required time frames, Areas/Divisions shall notify ORM of the delay via ______________
Email to RiskManagementUnit@chp.ca.gov
The mere display or threatened or attempted Use of Force option DOES or DOES NOT constitute a UOF incident for reporting purposes.
Does not.
(Displaying ECD or baton to de-escalate, displaying firearm in felony stop)
A CHP 268 can still be completed, though, if a supervisor believes incident could result in civil liability
Whether or not the subject was struck, if an officer discharges their firearm a CHP 275 SHOULD / SHALL be reported.
SHALL be reported on CHP 275
If a firearm is displayed only by an officer (on felony stop) and the civilian ends up being innocent, what form shall be completed?
CHP 268
Does the display alone of a firearm constitute a UOF for reporting purposes?
No
A ________ shall be completed when any control hold is used to overcome PHYSICAL RESISTANCE from an uncooperative subject
CHP 275
A CHP 275 IS or IS NOT required for the mere use of an approved handcuffing technique on a compliant subject
Is NOT required
If a compliant subject sustains an inadvertent injury or exhibits an unrelated illness during the course of an enforcement contact, the inadvertent injury or unrelated illness itself DOES or DOES NOT constitute a UOF for reporting purposes.
Does NOT
These types of incidents should be documented on a CHP 268 as a non-threshold PCL incident
Examples of incidents that don’t constitute a UOF for reporting purposes - BUT should be documented on a CHP 268 as a NON-THRESHOLD PCL incident
- Subject is scratched with handcuff during proper application of handcuffs
- Subject faints during use of standard control hold
- Officer unintentionally discharges ECD and strikes civilian
- CHP K9 mistakenly bites wrong civilian
In the event more than one departmental employee is directly involved in a UOF incident, all Involved or Witness employees shall be included on one ________ report, regardless of their Area of assignment
On one CHP 275 report
The only time a UOF incident will be documented on separate CHP 275’s is when?
When a CHP K9 is used as force option during UOF incident. Details of K9 usage shall be documented by a division canine supervisor on separate CHP 275.
Govt Code 12525 requires the Dept to report all in-custody deaths, in writing, to the AG’s office within ___ calendar days.
Within 10 calendar days
Our policy requires that all in-custody related deaths be reported to ORM within ____ calendar days
Within 7 calendar days.
Reporting an in-custody death shall be conducted using the _________, Death in Custody Reporting form.
BCIA 713
For the BCIA 713 reporting purpose, in-custody is defined as ANY POINT in time when a person’s freedom of movement has been denied by law enforcement. This includes:
1 - During process of arrest (during traffic stop, felony stop or detention)
2 - Death of person while attempting to elude police
3 - Arrestee being transported to or from police facilities
Reports/forms needed: TC involving state vehicle driven by state driver that results in INJURY or PROPERTY DAMAGE.
CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report
Reports/forms needed: When a state vehicle is legally parked, whether or not its in transport, and is struck by another vehicle?
CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report
Reports/forms needed: Any incident where its possible the state vehicle was the proximate cause of a crash. (Whether or not there was physical contact between vehicles)
CHP 208 - Collision Prevention Report (as a non-contact party)
CHP 555 - TC Report (as a non-contact party)
Liability only STD 270 - Vehicle Accident Report
Anytime unreported damage to a state vehicle is discovered, the last driver shall be documented as the party responsible. Forms required?
CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report (if deemed appropriate by commander)
Anytime hidden damage to a state vehicle is discovered (undercarriage) what forms are required?
STD 270 - Vehicle Accident Report
CHP 208 and/or CHP 555 required if deemed appropriate by commander.
Report may be submitted indicating driver as “UNKNOWN”
Any collision or occurrence when other than state employee is driver of state vehicle (garage mechanic) requires what forms?
STD 270 - Vehicle Accident Report
CHP 555 - if deemed appropriate by commander
Any incident involving legal intervention that meets definition of a collision requires what forms?
Pit / Push bumper use that RESULTS in crash
CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report
Any incident where a state vehicle is used to push a vehicle and the pushed vehicle is involved in a crash with another person, object or other vehicle requires what forms?
CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report
Exceptions to Reporting Procedures
The following scenarios DO NOT require a CHP 208 or STD 270:
1 - During a pursuit, the suspect vehicle is involved in crash and damage/injuries are limited to the pursued vehicle and suspect.
2 - During a pursuit, the suspect vehicle is damaged from legal intervention and damage is limited to contact point (spike strip or PIT)
3 - Weather - Hail, wind damage
4 - When there is damage to glass from unknown causes
5 - Crashes with birds
6 - A motorcycle is damaged from falling from its kickstand
7 - Damage caused by push bumper during removal of vehicle from roadway
8 - When unintentional damage is sustained by acts of person in custody
9 - When malicious damage is sustained by acts of person in custody
When malicious damage is sustained to the PV by the acts of a person in custody, a _________ shall be completed
CHP 221 - Malicious Damage Report
If it was UNINTENTIONAL - only a CHP 51 - Memo - shall be completed
When UNINTENTIONAL damage is sustained to the PV by the acts of a person in custody, a __________ shall be completed
CHP 51 - Memo
If it was INTENTIONAL, a CHP 221 - Malicious Damage Report shall be completed
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”)
Does this require CHP 208 or STD 270?
Does not require a CHP 208 or STD 270
*Unless there is injury to a person
A completed STD 270 - Vehicle Accident Report - shall be routed to DGS and ORIM (office of risk and insurance management) within ____ hours from time of incident
Within 48 hours
STD 270 shall be completed by the Area and a copy sent to Division within ____ calendar days
Within 7 calendar days
Division shall review the STD 270 and submit the report to ORM and RMU within ___ calendar days
Within 10 calendar days of receipt
The CHP 208 - Collision Prevention Report - shall be completed by the Area and sent to Division within ____ calendar days
Within 7 calendar days.
Prelim 208’s shall not be sent.
Division shall review the CHP 208 - Collision Prevention Report - and submit report to ORM, RMU within ____ calendar days
Within 10 calendar days
The CHP ____ shall accompany the CHP 208 at the time of routing to Division
CHP 555
Send face pages of 555 with CHP 208 if the 555 is incomplete
What form is required when a departmental employee is injured?
CHP 121 - Employer’s Report of Occupational Injury
What form is required when an employee is involved in a crash/occurrence requiring the submission of a CHP 208 or suffers an injury requiring a CHP 121?
CHP 442 - Individual Accident, Injury and Safety Recognition Record
What form shall be provided to each employee involved in a CHP vehicle collision?
CHP 600 - Right to Privacy Instructions Relative to Occupational Injury and Vehicle Accident Reports
Area retention period for forms for THRESHOLD incidents?
10 years
Area retention period for forms for NON-THRESHOLD incidents?
5 years
The _______ form is used to preserve the
details of a collision involving a vehicle used on official state business in the defense of liability claims brought by third parties.
STD 270 - Vehicle Accident Report
The _______ form is utilized to evaluate the
preventability of a collision through review of the employee’s actions.
CHP 208 - Collision Prevention Report
Is a CHP 208 required when an STD 270 has been completed for a liability only incident?
Is NOT required. A liability only incident is NOT to be listed on the CHP 113 - Injury and Collision Report
All claims over $1,000 must be filed with the ____________________________
Government Claims Program (GCP)
Claimant must file claim online on the DGS website
Claims must be must be filed within ___ months of the date of the alleged incident.
Within 6 months
Upon receipt of a GCP (government claims program) claim at the Office of Risk Management (ORM), an email with a copy of the claim will be routed to who?
The involved command
*And then they shall make sure a 268 is done ASAP. Route to Division/ORM within 7 calendar days of the notification
What form is used for property damage/loss claims of $1,000 or LESS
CHP 287
Processed by ORM
When an individual claims to have suffered a loss of $1,000 or less, they SHALL be provided with what form?
CHP 287
Supervisors should carry them
On a CHP 287 - a property damage claim should include how many estimates for the repair/replacement?
2 estimates
Commander shall ensure the CHP 287 is sent to ORM within ___ hours of receipt
Within 48 hours
CUSTODY: Any point when a person’s ___________ has been denied by law enforcement.
movement
What form SHALL be completed ASAP in response to the submission of a CHP 287?
And shall be sent to Division/ORM within ____ calendar days.
A CHP 268.
Within 7 days
Pursuant to GC 911.2, a CHP 287 must be FILED within ____ months after the accrual of the cause of action.
Within 6 months.
All pursuit reports shall be documented using the automated ______________
PRS - Pursuit Reporting System
A pursuit ends in a PV crash. What forms are required?
CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
in addition to the pursuit report
Pursuit reports shall be completed and sent to Division within ___ calendar days from date of pursuit
within 7 calendar days
Claims over $1,000 are filed through _____________________
Claims under $1,000 are processed through ____________________
Over $1,000 (Government Claims Program - GCP)
Under $1,000 (ORM)
Division has to review pursuit report and submit to ORM within ___ calendar days
within 10 calendar days
When an officer from ONE command is in pursuit, regardless of whether or not the pursuit travels outside that command’s area, the pursuit is considered a _______________ pursuit.
a Single Command Pursuit
When MORE THAN ONE command and/or agency is involved in same pursuit, each command/agency is responsible for what?
Completing only those portions of the pursuit report that applies to their involvement
Special Relationship policy shall be reviewed how often?
Annually
An officer owes a duty of care to the public when they:
- Place a person in _______
- Affects or increases the risk of ______
- Creates a special relationship by making an expressed or implied ________
- Place a person in ________
- Peril
- Harm
- Promise
- Custody
An officer should remain on scene with person they established a special relationship with UNTIL
1. Officer is ____________ by another officer
2. Officer has ___________ scene management responsibilities to other agency
3. Officer learns of ______________ requiring their help elsewhere
4. Officer receives direction from a ______________ to go somewhere else
5. The officer’s help/protection is __________________
- relieved
- Handed over, relinquished
- Reasonable emergency
- Supervisor
- No longer needed
The _____ is a data-driven management tool used for identifying issues that could bring discredit to the Dept, increase liability exposure or demonstrate training needs.
It also identifies positive performance of officers
EIS - Early Intervention System
EIS events that will warrant an intervention advisory and supervisory review:
Adverse Actions - getting ___ in a year
2 AA’s in a year
EIS Events that will warrant an intervention advisory and supervisory review:
CHP 2 (Censurable) - getting ___ in a year
2 bad form 2’s in a year
EIS Events that will warrant an intervention advisory and supervisory review:
Complaints - getting _____ in 18 months
3 complaints in 18 months (year and a half)
EIS Events that will warrant an intervention advisory and supervisory review:
Misc Investigations - getting ____ in a year
2 in a year
EIS Events that will warrant an intervention advisory and supervisory review:
MOD - getting _____ in a year
2 MOD’s in a year
EIS Events that will warrant an intervention advisory and supervisory review:
Uses of Force - Involved in ____ in a year
3 uses of force in a year
EIS Events that will warrant an intervention advisory and supervisory review:
Positive written performance documented - ____ in a year
2 positive performance documentations in a year
Upon request, are employees allowed to view their own Blue Team EIS dashboard with a supervisor?
Yes
