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LEVEL UP 2025 > HPM 100.86 - RISK MANAGEMENT > Flashcards

HPM 100.86 - RISK MANAGEMENT Flashcards

1
Q

A CHP 268 shall be completed and forwarded to ORM within ______ calendar days

A

7 Calendar Days

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2
Q

Form - Risk Management Potential Civil Litigation Report

A

CHP 268

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3
Q

_____________ 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

Threshold Incidents

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4
Q

Threshold Incidents examples: (4)

A
  1. Officer seriously injured / killed in line of duty.
  2. Incident with officer / serious injury, hospitalization or death to member of public.
  3. Officer discharges firearm. (On purpose or not) (Whether hits someone or not) (On or off duty)
  4. Any sensitive/complex internal investigation when liability appears to be that of the Dept
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5
Q

NON Threshold Potential Civil Liability Incidents:

(MAY cause liability)

A
  1. PV CRASH results in other visible / COP injury to party that is not a member of Dept. (A non-serious injury)
  2. USE OF FORCE results in visible / COP injury to suspect
  3. Incident involving other visible / COP injury from the USE OF HANDCUFFS (redness/indentations only don’t require CHP 268)
  4. Felony stop on innocent person
  5. Civilian slip/fall in front lobby
  6. Accidental spike strip
  7. Damage caused by push-bumper
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6
Q

Threshold Incidents require an immediate notification to who?

A

ORM via ENTAC

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7
Q

NON Threshold incidents require CHP 268 sent to ORM within ___ calendar days.

However, ______ notification is not required.

A

Within 7 calendar days

No ENTAC notification

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8
Q

The ________ form is an attorney-client privileged document utilized for the purpose of relaying sensitive information to the Office of Legal Affairs (OLA).

A

CHP 268

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9
Q

A completed CHP 268 shall be transmitted by Area to the appropriate Division within
______ calendar days of the date of the incident.

A

7 calendar days

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10
Q

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.

A

Within 10 calendar days from receiving it

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11
Q

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.

A

7 calendar days

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12
Q

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.

A

10 calendar days

Don’t need to notify ENTAC

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13
Q

In those instances when a CHP 268 cannot be completed in the required time frame, a ___________ report shall be created.

A

Preliminary

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14
Q

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

A

Chronological summary

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15
Q

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?

A

Only one report.

All employees shall be listed on the CHP 268 as “Involved” or
“Witness” based upon their role in the incident.

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16
Q

In the event more than one SUBJECT is directly involved in an incident, how many liability reports shall be completed?

A

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.

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17
Q

The preliminary CHP 268 shall be stored where?

A

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

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18
Q

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.

A

the Supervisor Review

This review shall include any follow-up investigation

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19
Q

How long are THRESHOLD Incident documents required to be retained?

A

Shall be retained on a 10 year litigation hold

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20
Q

How long are NON-THRESHOLD Incident documents required to be retained?

A

Shall be retained on a 5 year litigation hold

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21
Q

If an incident involves criminal prosecution and results in incarceration, the liability documents shall be retained as evidence for how long?

A

Held for the required time periods (5/10 years)

OR the length of incarceration, whichever is longer.

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22
Q

Copies of audio/video recordings (MVARS, mobile phones, body cameras) should not be mailed to _____ unless a request is sent

A

ORM

They can be mailed with “Confidential” on outside of envelope

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23
Q

Form - Risk Management Use of Force Report

A

CHP 275

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24
Q

Use of Force WITHOUT injury. Is a CHP 275 required?

Is a CHP 268 required?

A

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)

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25
Q

ALL use of force incidents that result in INJURY to a civilian, SHALL be documented on a ______ along with a _________

A

CHP 275 and CHP 268

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26
Q

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?

A

No. These are not considered uses of force with injuries.

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27
Q

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?

A

CHP 275

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28
Q

What form shall be filled out if a subject discharges a firearm of a peace officer, whether the officer was struck or not?

A

CHP 275

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29
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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30
Q

How soon after a use of force incident shall a supervisor complete a CHP 275?

A

As soon as practical

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31
Q

A completed CHP 275 shall be sent by Area to Division within ____ calendar days.

A

Within 7 calendar days of the incident.

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32
Q

A completed CHP 275 shall be sent by Division to ORM within ____ calendar days.

A

Within 7 calendar days.

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33
Q

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 ______________

A

Email to RiskManagementUnit@chp.ca.gov

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34
Q

The mere display or threatened or attempted Use of Force option DOES or DOES NOT constitute a UOF incident for reporting purposes.

A

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

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35
Q

Whether or not the subject was struck, if an officer discharges their firearm a CHP 275 SHOULD / SHALL be reported.

A

SHALL be reported on CHP 275

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36
Q

If a firearm is displayed only by an officer (on felony stop) and the civilian ends up being innocent, what form shall be completed?

A

CHP 268

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37
Q

Does the display alone of a firearm constitute a UOF for reporting purposes?

A

No

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38
Q

A ________ shall be completed when any control hold is used to overcome PHYSICAL RESISTANCE from an uncooperative subject

A

CHP 275

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39
Q

A CHP 275 IS or IS NOT required for the mere use of an approved handcuffing technique on a compliant subject

A

Is NOT required

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40
Q

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.

A

Does NOT

These types of incidents should be documented on a CHP 268 as a non-threshold PCL incident

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41
Q

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

A
  • 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
42
Q

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

A

On one CHP 275 report

43
Q

The only time a UOF incident will be documented on separate CHP 275’s is when?

A

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.

44
Q

Govt Code 12525 requires the Dept to report all in-custody deaths, in writing, to the AG’s office within ___ calendar days.

A

Within 10 calendar days

45
Q

Our policy requires that all in-custody related deaths be reported to ORM within ____ calendar days

A

Within 7 calendar days.

46
Q

Reporting an in-custody death shall be conducted using the _________, Death in Custody Reporting form.

A

BCIA 713

47
Q

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:

A

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

48
Q

Reports/forms needed: TC involving state vehicle driven by state driver that results in INJURY or PROPERTY DAMAGE.

A

CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report

49
Q

Reports/forms needed: When a state vehicle is legally parked, whether or not it’s in transport, and is struck by another vehicle?

A

CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report

50
Q

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)

A

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

51
Q

Anytime unreported damage to a state vehicle is discovered, the last driver shall be documented as the party responsible. Forms required?

A

CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report

CHP 555 - TC Report (if deemed appropriate by commander)

52
Q

Anytime hidden damage to a state vehicle is discovered (undercarriage) what forms are required?

A

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”

53
Q

Any collision or occurrence when other than state employee is driver of state vehicle (garage mechanic) requires what forms?

A

STD 270 - Vehicle Accident Report
CHP 555 - if deemed appropriate by commander

54
Q

Any incident involving legal intervention that meets definition of a collision requires what forms?

Pit / Push bumper use that RESULTS in crash

A

CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report

55
Q

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?

A

CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report
CHP 555 - TC Report

56
Q

Exceptions to Reporting Procedures

The following scenarios DO NOT require a CHP 208 or STD 270:

A

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

57
Q

When malicious damage is sustained to the PV by the acts of a person in custody, a _________ shall be completed

A

CHP 221 - Malicious Damage Report

If it was UNINTENTIONAL - only a CHP 51 - Memo - shall be completed

58
Q

When UNINTENTIONAL damage is sustained to the PV by the acts of a person in custody, a __________ shall be completed

A

CHP 51 - Memo

If it was INTENTIONAL, a CHP 221 - Malicious Damage Report shall be completed

59
Q

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?

A

Does not require a CHP 208 or STD 270

*Unless there is injury to a person

60
Q

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

A

Within 48 hours

61
Q

STD 270 shall be completed by the Area and a copy sent to Division within ____ calendar days

A

Within 7 calendar days

62
Q

Division shall review the STD 270 and submit the report to ORM and RMU within ___ calendar days

A

Within 10 calendar days of receipt

63
Q

The CHP 208 - Collision Prevention Report - shall be completed by the Area and sent to Division within ____ calendar days

A

Within 7 calendar days.

Prelim 208’s shall not be sent.

64
Q

Division shall review the CHP 208 - Collision Prevention Report - and submit report to ORM, RMU within ____ calendar days

A

Within 10 calendar days

65
Q

The CHP ____ shall accompany the CHP 208 at the time of routing to Division

A

CHP 555

Send face pages of 555 with CHP 208 if the 555 is incomplete

66
Q

What form is required when a departmental employee is injured?

A

CHP 121 - Employer’s Report of Occupational Injury

67
Q

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?

A

CHP 442 - Individual Accident, Injury and Safety Recognition Record

68
Q

What form shall be provided to each employee involved in a CHP vehicle collision?

A

CHP 600 - Right to Privacy Instructions Relative to Occupational Injury and Vehicle Accident Reports

69
Q

Area retention period for forms for THRESHOLD incidents?

A

10 years

70
Q

Area retention period for forms for NON-THRESHOLD incidents?

A

5 years

71
Q

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.

A

STD 270 - Vehicle Accident Report

72
Q

The _______ form is utilized to evaluate the
preventability of a collision through review of the employee’s actions.

A

CHP 208 - Collision Prevention Report

73
Q

Is a CHP 208 required when an STD 270 has been completed for a liability only incident?

A

Is NOT required. A liability only incident is NOT to be listed on the CHP 113 - Injury and Collision Report

74
Q

All claims over $1,000 must be filed with the ____________________________

A

Government Claims Program (GCP)

Claimant must file claim online on the DGS website

75
Q

Claims must be must be filed within ___ months of the date of the alleged incident.

A

Within 6 months

76
Q

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?

A

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

77
Q

What form is used for property damage/loss claims of $1,000 or LESS

A

CHP 287

Processed by ORM

78
Q

When an individual claims to have suffered a loss of $1,000 or less, they SHALL be provided with what form?

A

CHP 287

Supervisors should carry them

79
Q

On a CHP 287 - a property damage claim should include how many estimates for the repair/replacement?

A

2 estimates

80
Q

Commander shall ensure the CHP 287 is sent to ORM within ___ hours of receipt

A

Within 48 hours

81
Q

CUSTODY: Any point when a person’s ___________ has been denied by law enforcement.

A

movement

82
Q

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

A CHP 268.

Within 7 days

83
Q

Pursuant to GC 911.2, a CHP 287 must be FILED within ____ months after the accrual of the cause of action.

A

Within 6 months.

84
Q

All pursuit reports shall be documented using the automated ______________

A

PRS - Pursuit Reporting System

85
Q

A pursuit ends in a PV crash. What forms are required?

A

CHP 208 - Collision Prevention Report
STD 270 - Vehicle Accident Report

in addition to the pursuit report

86
Q

Pursuit reports shall be completed and sent to Division within ___ calendar days from date of pursuit

A

within 7 calendar days

87
Q

Claims over $1,000 are filed through _____________________

Claims under $1,000 are processed through ____________________

A

Over $1,000 (Government Claims Program - GCP)

Under $1,000 (ORM)

88
Q

Division has to review pursuit report and submit to ORM within ___ calendar days

A

within 10 calendar days

89
Q

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

a Single Command Pursuit

90
Q

When MORE THAN ONE command and/or agency is involved in same pursuit, each command/agency is responsible for what?

A

Completing only those portions of the pursuit report that applies to their involvement

91
Q

Special Relationship policy shall be reviewed how often?

A

Annually

92
Q

An officer owes a duty of care to the public when they:

  1. Place a person in _______
  2. Affects or increases the risk of ______
  3. Creates a special relationship by making an expressed or implied ________
  4. Place a person in ________
A
  1. Peril
  2. Harm
  3. Promise
  4. Custody
93
Q

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 __________________

A
  1. relieved
  2. Handed over, relinquished
  3. Reasonable emergency
  4. Supervisor
  5. No longer needed
94
Q

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

A

EIS - Early Intervention System

95
Q

EIS events that will warrant an intervention advisory and supervisory review:

Adverse Actions - getting ___ in a year

A

2 AA’s in a year

96
Q

EIS Events that will warrant an intervention advisory and supervisory review:

CHP 2 (Censurable) - getting ___ in a year

A

2 bad form 2’s in a year

97
Q

EIS Events that will warrant an intervention advisory and supervisory review:

Complaints - getting _____ in 18 months

A

3 complaints in 18 months (year and a half)

98
Q

EIS Events that will warrant an intervention advisory and supervisory review:

Misc Investigations - getting ____ in a year

A

2 in a year

99
Q

EIS Events that will warrant an intervention advisory and supervisory review:

MOD - getting _____ in a year

A

2 MOD’s in a year

100
Q

EIS Events that will warrant an intervention advisory and supervisory review:

Uses of Force - Involved in ____ in a year

A

3 uses of force in a year

101
Q

EIS Events that will warrant an intervention advisory and supervisory review:

Positive written performance documented - ____ in a year

A

2 positive performance documentations in a year

102
Q

Upon request, are employees allowed to view their own Blue Team EIS dashboard with a supervisor?

A

Yes

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