Leon Flashcards
What is HPM 100.86
Risk management manual
What is the purpose of HPM 100.86
To provide guidelines for the notification and documentation of issues related to
-use of force
-civil liability
-claims against the department
What is the objective of HPM 100.86
To ensure all incidents related to civil liability and claims against the Department are thoroughly and uniformly investigated and documented
What is the definition of a threshold incident
Incidents which have a high probability of resulting in the department or State of California as a defendant in a civil lawsuit
Sound professional judgment _____ be used to determine if an incident could potentially bring about civil liability for the department
shall
True or False/ When deciding if its a threshold incident, a supervisor should consider whether the incident could unfavorable reflect upon or cause embarrassment to the Department or another state agency
True
What are some examples of threshold incidents
-Member of Dept is seriously injured or killed on duty
-Any incident involving dept personnel which results in serious injury, hospitalization or death to a member of the public
-Member of dept intentionally or by accident discharges a firearm at a person whether ON DUTY or OFF DUTY, and whether or not an individual is truck
-Any sensitive complex internal investigation when the liability appears to be that of the Dept
What is a non threshold potential civil liability incidents (PCL)
Not a threshold incident but which is deemed to potentially cause liability exposure fo the Dept
What are some non threshold incidents
-patrol veh collision results in visible injury or complaint of pain to other than a member of dept
-Use of force incidents which result in complaint of pain or visible injuries
-High risk or felony stop are used and the suspects are later found to be an innocent party
-civilian slips and falls in the front lobby of an Area Office and sustains an injury
-Innocent party runs over spike strip
-damage caused by push-bumper
What should a supervisor do if there is a doubt as to the necessity for a report
Complete a CHP 268
What is the notification requirement for threshold incidents
Immediate notification to ORM via the ENTAC
What is the notification requirement for Non-threshold incidents
Preliminary or completed CHP 268 transmitted to ORM within 7 calendar days
Is ENTAC notification required for non-threshold incidents
No/Only 268 to ORM within 7 calendar days
Which office has primary responsibility for threshold incidents
Office of Risk Management (ORM)
Which CHP form is used to document potential civil liability incidents
CHP 268
True of false–The CHP 268 is an attorney-client privileged document
True
What is the purpose of the CHP268
relaying sensitive information to OLA/prepare department ro potential civil liability
Where are preliminary and finalized CHP 268’s stored
Shall ONLY be stored in the designated folder, “RISK Management Reports” under “Favorites” within Windows Explorer
Where can a supervisor find detailed instructions on completing and routing CHP 268s
ORM’s website
For threshold incidents, a CHP 268 shall be transmitted by Area to Division within ____ calendar days of the date of the incident
7
For threshold incidents, the CHP 268 shall be reviewed by division and submit to ORM within ___ calendar days from the date of receipt
10
For non-threshold incidents a 268 shall be submitted by area within ___calendar day of the incident
7
If a 268 cannot be completed in the required time frame, a ___ report shall be created
a preliminary
What is the minimum information required for a preliminary report for threshold and non-threshold incidents
Shall contain the involved party information and brief narrative with a summary of the incident.
How many 268s need to be completed if multiple department employees or more than one subject is involved in a PCL incident
Only one report shall be completed and parties listed by their role in the incident/ ie, witness, involved, suspect, driver, passenger, property owner
What shall be included in a supervisory review of PCL incidents
-any perceived policy and/or law violations
-whether supervisor believes the employees acted within departmental policy
-include any follow-up investigation which may be required
How is ORM notified of PCL preliminary report
By saving/storing report in the Area’s Risk Management Reports
Is a CHP 271-Critical incident-Potential Civil Liability Documentation/Materials checklist required for PCL incidents
No, the checklist contained within the CHP 268 shall be completed in lieu of a separate CHP 271
What is the retention period for threshold incident materials
ten-years/ if incident results in incarceration, ten years or the length of the incarceration whichever is longest
What is the retention period for non-threshold incidents
Five years
Area Materials (photos, t/c reports etc) marked preserved on the 268 checklist required to be sent to ORM
No, materials shall be retained at the involved command unless a request was sent from ORM
If an PCL incident documented with a 268 causes the involved citizen to file a complaint, can the 268 be attached to the citizen compliant investigation
No, 268 shall not be included in citizens complaint investigation
If a 268 is completed and an internal investigation results, can a copy of the 268 be attached to the internal investigation packet
No, it shall not be included only noted by area commander review of 268
What is the purpose of a CHP 275
Its a Risk Management Use of Force Report intended for statistical gathering purposes and to comply with state and federal reporting requirements
Is the CHP 275 protected under attorney-client privilege like the 268
No, the 275 is subject to Public Records Act disclosure
Does a use of force without injury require a 275
Yes, 275 is required but 268 is only required if there’s potential for civil liability
For risk management purposes, what is required if a use of force results in an injury
A 275 and a 268
Is a 275 required when a suspect attacks an officer
Yes, -when attack results in serious or fatal injuries to officer
-when subject discharges firearm at officer, whether or not officer was struck or not
-No requirement for involved officer to have responded to above-listed attacks with a UOF for this section to apply
A 275 shall be completed for any incident in which a peace officer utilizes force to overcome ____ _____ from an uncooperative civilian
physical resistance
How long after a use of force is a 275 to be completed
Shall be completed as soon as practical by a supervisor with direct knowledge of the incident
A completed 275 shall be transmitted by area to division within ____
7 calendar days of the incident
Division shall review 275 and forward to ORM within _____
7 calendar days from the date of receipt, this includes any corrections to be made by area
For reporting purposes, is a 275 or 268 required for a display of an ECD or baton to de-escalate a situation
No, however, if a supervisor believes an incident could result in civil liability, a 268 should be completed
If an officer discharges a firearm at a subject and subject was no struck, is a 275 required
Yes
Is a 275 required when an officer uses a departmentally approved handcuffing technique
No, only when a control hold is used to overcome physical resistance from an uncooperative subject
What needs to be done if 275 cannot be completed in the required time frame
Areas or Division shall notify ORM of the delay via e-mail. The completed 275 shall then be transmitted to ORM ASAP
Is a 275 required if complaint subject sustain an inadvertent injury
No, should be documented on a 268
When there is a UOF with different areas of assignment ____
Only one 275 shall be prepared, unless there was a K9 deployment
What should be done If a K9 was deployed as a force option in a UOF incident
The details of K9 deployment shall be documented by a division supervisor on a separate 275. The 275 prepared by Area supervisor shall still contain the details of all other force options utilized
What is the requirement for an in-custody death for the Attorney General
Government Code section 12525 requires the Dept to report all in-custody deaths, in writing within ten calendar days from the date of the incident
What is DOJ’s definition of an in-custody death
A death that occurs while an individual is,
-in the process of arrest
-killed by use of force by law enforcement
-in the temporary custody of a law enforcement agency or incarcerated in a city, county, or state correctional facility
All in-custody deaths shall be reported to the ORM within _____ calendar days of the incident
seven
What is used to report an in custody death
Reporting shall be conducted utilizing the BCIA 713, Death In Custody Reporting Ford contained on the CHP Intranet site within the forms library
What is the definition of custody, for the BCIA 713 reporting purpose
When a person’s freedom of movement has been denied by law enforcement.
-During process of arrest (Issue of citaition, high risk and/or felony enforcement stops, lawful detention_
-Death of person while attempting to elude police (does not include innocent bystanders
-being transported to or from law enforcement facilities
The BCIA 713 forms can be routed to ORM via ___ ____ ___
e-mail, fax, or mail
An investigation ____ be conducted for every damage or injury-causing event involving a state vehicle
shall
Which documentation is required for the following incidents
-Incident involving a state vet being driven by a state driver which results in injury or property damage
-Any incident in which a state vehicle is legally parked, whether or not the state veh is in transport and is struck by another vehicle
-CHP 208 collision prevention report
-STD 270 Vehicle accident report
-CHP 555
Which documentation is required for an incident where it is/may be alleged the state veh was the proximate cause of the collision regardless of whether there was physical contact or not
A liability-only STD 270 is required. A CHP 208 and CHP555 are required if it is determined the state vehicle was involved as a “noncontact” party to the collision
Who would be held responsible if unreported damage to a patrol vehicle is discovered
The last driver of the patrol vehicle shall be documented as the party responsible. A chi 208 and STD 270 are required
-A 555 is required if deemed appropriate by commander
How is hidden damage to state vehicles handled (Veh undercarriage)
report may be submitted indicating the driver as unknown. STD 270 is required and a 208 and 555 if deemed appropriate by commander
What are the reporting requirements for an incident involving legal intervention which meets the definition of a collision
A CHP 208, STD 270, and 555 shall be completed
What are the reporting requirements if an officer pushed a vehicle with push bumpers and that vehicle is involved in a crash with another person, object or third party vehicle
CHP 208, STD. 270, and 555
Is a 208 and STD 270 required when during the course of a pursuit the suspect vehicle is involved in a collision and damage or injuries are confined to the pursued vehicle and the suspect
No a 208 and STD 270 are not required only a 555, unless it is/may be alleged the state vehicle was the proximate cause of the collision
What documentation is required if an officer uses legal intervention during a pursuit
No 208 or 270 required if damage is isolated to the contact point of the legal intervention
What incidents do not require a 208 or STD 270
-An action of the elements
-damage to glass from unknown causes
-when there is windshield damage or other glass damage caused by objects from the roadway surface by movement of another vehicle even though it meets the definitions of a motor veh crash, unless there’s injury to person
-Collisions with birds that move unexpectety into veh path if no injuries to persons
-a motorcycle sustains damage as a result of it falling form its kickstand
-damage from push bumpers only
-damage from in custodies
What needs to be completed if a patrol vehicle is damaged by malicious act by in custody
A CHP 221, malicious Damage Report, shall be completed in triplicate and distributed
- Original retained at office
-A copy forwarded to FMS, Reimbursable Services Unit, with a court order of restitution attached/ Do not send 221 without court order
-A copy forwarded to DA’s Office within five days of the incident
What is the submission time frame for STD 270
Shall be routed to Department of General Services (DGS), Office of Risk and Insurance Management (ORIM), within 48 hours from the time of incident. I STD 270 cannot be completed a preliminary report shall be routed within 48 hours.
Shall be completed by area and submitted to division within seven calendar days of incident
What is the submission time frame for CHP 208
Shall be completed by area and submitted to division within 7 calendar days. If CHP 208 cannot be completed, incomplete preliminary CHP 208 reports shall not be routed. Instead area shall notify division of delay and complete 208 ASAP
What is the submission time frame from 555
Shall accompany the CHP 208 at the time of routing. If incomplete, a preliminary 555 shall be submitted with 208
A ___ ___ is required if an employee is injured as a result of a collision
CHP 121
Whenever an employee is involved in a collision/occurrence requiring a 208 or 121 the incident shall be recorded on a
CHP442
A CHP 600
Shall be provided to each employee involved in a CHP vehicle collision
STD 270, Vehicle accident report
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
CHP 208, Collision Prevention Report
Utilized to evaluate the preventability of a collision through review of the employee’s actions.
Not required when an STD. 279 had been completed
If a privately owned vehicle is damaged while on state business it must ___ ___ ___ ___
be covered by private collision insurance. The Department can only reimburse damage not covered by insurance, normally a deductible
What must an employee do if a private vehicle damaged on state business
Attempt to recover all damages though insurance coverage
-CHP 262 travel expense may be filed to claim reimbursement for outstanding costs
-STD 261 shall have been on file prior to incident
-Attach STD 270 signed by commander
-three repair estimates
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