HPM 100.86: RISK MANAGEMENT Flashcards
A CHP 268 shall be completed
and forwarded to ORM within ___ ___ days.
seven calendar
Threshold 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
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.
Threshold Incidents require an ___ notification to ORM via the ENTAC. The ORM will provide ENTAC with a 24-hour call out list of personnel available for notification.
immediate
Nonthreshold PCL Incidents require the appropriate preliminary or completed CHP 268 transmitted to ORM within ___ ___ days; however, ENTAC notification is not required.
seven calendar
All materials/documents marked Preserved for Threshold Incidents shall be retained on a ___-___ litigation hold.
ten-year
All materials/documents marked Preserved for Nonthreshold PCL Incidents shall be retained on a ___-___ litigation hold
five-year
Use of Force incidents which do not result in injury to a civilian shall be documented on a __ ___. For noninjury UOF incidents, a ___ ___ 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).
CHP 275/CHP 268
true/false: All UOF incidents which result in injury to a civilian shall be documented on a CHP 275 and accompanied by a CHP 268.
true
Complaint of pain and/or visible injury should/shall be considered an injury for reporting purposes
shall
What are the two instances when a CHP 275 shall be completed when an officer does not have a UOF?
(a) When a subject attacks a peace officer and the attack results in serious or fatal injuries to the officer.
(b) When a subject discharges a firearm at a peace officer, whether the officer was struck or not.
The CHP 275 shall be completed for any incident in which a peace officer utilizes force to ___ ___ ___ from an uncooperative civilian.
overcome physical resistance
A completed CHP 275 shall be transmitted by Area to the appropriate Division within ___ ___ days of the date of the incident. Division shall review the CHP 275, including any changes or corrections required to be made by the Area, and submit the report to ORM within ___ ___ days from the date of receipt.
seven calendar
A CHP 268 should/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.
shall
A CHP 275 should/shall be completed when any control hold is used to overcome physical resistance from an uncooperative subject.
shall
These examples are of what types of incidents: a subject is scratched with a handcuff during the application of the handcuff; a subject faints during the use of a standard control hold; an officer unintentionally discharges an ECD and strikes a civilian with a probe; a departmental canine bites the wrong civilian
CHP 268 as a Nonthreshold PCL Incident for liability purposes only
All in-custody/arrest-related deaths shall be reported to the ORM within ___ ___ days from the date of incident.
seven calendar
The California Department of Justice defines an in-custody death as any death that occurs while an individual is (4):
(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.
For the BCIA 713 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 (3):
(1) During the process of arrest (e.g., issuance of a citation, high-risk and/or felony enforcement stops, lawful detention).
(2) Death of a person while attempting to elude police (does not include the death of an uninvolved third party out of a pursuit).
(3) In-custody arrest being transported to or from law enforcement facilities
Any incident involving a state vehicle being driven by a state driver which
results in injury or property damage, whether on or off highway requires:
A CHP 208, Collision Prevention Report, STD. 270, Vehicle Accident Report, and CHP 555, Traffic Collision Report
Any incident in which a state vehicle is legally parked, whether or not the
state vehicle is in transport, and is struck by another vehicle requires:
A CHP 208, STD. 270, and CHP 555
Any incident where it is/may be alleged the state vehicle was the
proximate cause of a collision. An investigation shall be conducted regardless of whether or not there was actual physical contact between the state vehicle and any vehicle, object, or person requires:
A liability-only STD. 270 is required. A CHP 208 and CHP 555 are required if it is determined the state vehicle was involved as a “noncontact” party to the collision.
Anytime unreported damage to a state vehicle is discovered. The last
driver of the state vehicle shall be documented as the party responsible for the damage. What paperwork is required?
A CHP 208 and STD. 270 are required. A CHP 555 is required if
deemed appropriate by the Area commander.
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 “unknown.” What paperwork is required?
An STD. 270 is required. A CHP 208 and/or CHP 555 are required if deemed appropriate by the Area commander
Any collision or an occurrence when other than a state employee is the
driver of the state vehicle, such as a garage mechanic where the vehicle was left for repairs. What paperwork is required?
An STD. 270 is required. A CHP 555 may be required as deemed appropriate by the Area commander
Any incident involving legal intervention which meets the definition of a collision in accordance with Highway Patrol Manual (HPM) 110.5. What paperwork is required?
A CHP 208, STD. 270, and CHP 555 shall be completed.
Any incident in which a state vehicle is utilized to push a vehicle and the
pushed vehicle is involved in a collision with another person, object, or third party vehicle(s). What paperwork is required?
A CHP 208, STD. 270, and CHP 555 shall be completed
When unintentional damage is sustained by the acts of persons
in-custody or unknown, what paperwork is required?
CHP 51, Memorandum, shall be completed and submitted to Fiscal
Management Section (FMS) indicating the cause of the damage
When malicious damage is sustained by the acts of persons
in-custody. What paperwork is required?
A CHP 221, Malicious Damage Report, shall be completed in triplicate
A completed STD. 270 shall be routed to the Department of General Services (DGS), Office of Risk and Insurance Management (ORIM), within ___ ___ from the time of incident
48 hours
An STD. 270 shall be completed by Area and a copy routed to the
appropriate Division within ___ ___ days.
seven calendar
The CHP 208 shall be completed by the Area and routed to the appropriate Division office within ___ ___ days
seven calendar
Whenever an employee is involved in a collision/occurrence requiring
the submission of a CHP 208 or suffers an injury requiring the submission of a CHP 121 to State Fund, the incident shall be recorded on a ___ ___.
CHP 442
A ___ ___shall be provided to each employee involved in a CHP
vehicle collision. A ___ ___ 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.
CHP 600
The ___ ___ 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
A Std.270 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
The reporting for a liability-only
incident would involve, but is not limited to (5):
1 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.
The ___ ___ is utilized to evaluate the
preventability of a collision through review of the employee’s actions.
CHP 208
The CHP 208 is/is not required when an STD. 270 has been completed for a liability-only incident.
is not
All claims in excess of ___ must be filed with the Government Claims Program (GCP).
$1,000
When an individual claims to have suffered a loss of $1,000 or less, they shall be provided a ___ ___
CHP 287
The commander shall ensure the CHP 287 is securely transmitted to ORM within ___ ___ of receipt via e-mail
48 hours
A ___ ___ shall be completed as soon as possible in response to the
submission of a CHP 287
CHP 268
In the event the concern for potential civil liability arises as a result of a
pursuit, a ___ ___ shall be completed
CHP 268
In those instances when a pursuit results in a collision, a ___ ___,
and ___ ___ shall be completed
CHP 208/STD. 270
Pursuit reports shall be completed and routed to the respective Division within ___ ___ days from the date of the pursuit
seven calendar
If a South Sacramento Area unit pursues a suspect into the
North Sacramento Area and a North Sacramento Area unit does not enter the pursuit, the ___ Sacramento Area will continue to account for the minutes and mileage of the pursuit.
South
___ shall review each pursuit report entered into the PRS to determine compliance with Department policy
Commanders
Area commanders shall conduct ___ PRS audits for pursuits occurring within their respective Areas to ensure pursuit reports are completed within the given time
frames.
quarterly
A Peace Officer owes a duty of care to the public when the officer (4):
(1) Places a person in peril;
(2) Affects or increases the risk of harm to a person by specific conduct;
(3) Creates a special relationship by making an expressed or implied
promise to undertake specific conduct on behalf of an individual and that individual detrimentally relies on that promise; or
(4) Places a person in custody.
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 (5):
(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.
