HPM 100.86 Risk Management Response Protocol -Threshold Incidents

Question 1

4. THRESHOLD INCIDENTS:

a. Defined as those incidents which have a high probability of resulting in the Department or the State of CA as a defendant in a legal lawsuit.
HPM 100.86, 1-7

b. The following are considered to be “threshold incidents.”

1.
2.
3.
4.

Answer 1

1) Member of the Department is seriously INJURED or KILLED during the performance of their duties.
2) Any incident involving departmental personnel which results in injury, hospitalization, or death to a member of the public.
3) 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.
4) Any sensitive or complex internal investigation when the liability appears to be that of the Department.

Question 2

4. NONTHRESHOLD INCIDENTS:

a. Deemed to potentially cause liability exposure for the department.b. The following are considered to be examples of Nonthreshold PCL Incidents:
HPM 100.86, 1-8

1.
2.
3.
4.
5.
6.
7.

Answer 2

1) 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.
2) 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.
3) Any incident involving in other visible and/ or complaint-of-pain injury from the use of handcuffs (indentations and or redness only do not require a CHP 268).
4) when high – risk or felony stop procedures are used and the suspect(s) is/are later found to be an innocent party.
5) An incident where a civilian slips and falls in the front lobby of an Area office and sustained an injury.
6) When an innocent party’s vehicle runs over a spike strip.
7) Any incident when there is damage caused by the push-bumper removal of a vehicle or equipment from the roadway.

The foregoing types of threshold incidents are not all inclusive. According, sound professional judgement is to be used to determine if an incident can potentially bring about civil liability for the state. (While determining if an event meets the criteria, also consider whether the incident could UNFAVORABLY reflect upon or cause EMBARASSMENT to the Department or other state agency.)

Question 3

DON’T USE THIS CARD-it is old info. Card won’t delete.

THRESHOLD INCIDENTS: CATEGORY A

a. Defined as those incidents which have a high probability of resulting in the Department or the State of CA as a defendant in a legal lawsuit. There are two categories; A and B.
b. The following are considered to be “threshold incidents.”

CATEGORY A: (C-U-P-I-S)
1.
2.
3.
4.
5.

CATEGORY B: (I-C-S)
1.
2.
3.

Answer 3

CATEGORY A:
1) CHP member seriously INJURED or KILLED in performance of his/her duties.

2) USE OF FORCE by officers/ canines, which results in DEATH or SERIOUS INJURY to SUSPECT/ BYSTANDER.
3) PATROL VEHICLE COLLISION which results in DEATH or SERIOUS INJURY to a party(ies), other than a member of the Department, WHEN the liability appears to be that of the Department.
4) IN-CUSTODY DEATH incident.
5) SPECIAL RELATIONSHIP incidents resulting in serious INJURY and/or DEATH.

CATEGORY B:

1) INTENTIONAL/ ACCIDENT DISCHARGES of a firearm at a person, whether ON or OFF duty, and whether or not an individual is struck.
2) CRITICAL INCIDENT(s) which, in the Division’s opinion, could ADVERSELY AFFECT an employee or employees’ MORALE and general welfare.

3) SENSITIVE or COMPLEX INTERNAL INVESTIGATION WHEN the liability appears to be that of the Department.
Note:
The foregoing types of threshold incidents are not all inclusive. According, sound professional judgement is to be used to determine if an incident can potentially bring about civil liability for the state. (While determining if an event meets the criteria, also consider whether the incident could UNFAVORABLY reflect upon or cause EMBARASSMENT to the Department or other state agency.)