Major 4 Flashcards
What is the primary intention of the public safety officers procedural bill of rights (POBAR) act
The primary intention is to secure procedural rights for peace officers under administrative or internal investigation.
- applies to peace officers only, not temp employees.
- defines all rights and protections provided to correctional peace officers.
- rights encompass the internal investigation process.
Identify the rights in each area granted under POBOR
- have representation of their choice during their interrogation.
- representative shall not be subject in the same investigation.
Rights granted under (POBOR) DO NOT apply to:
- routine or unplanned contact with supervisors during normal course of duty (i.e., instruction or informal verbal admonishment)
- investigations concerned directly and soley with criminal activity.
What are your pre interrogation rights under POBOR
- Interrogation should be conducted at a reasonable hour and normally when you are on duty.
- You will be compensated for any off duty time used for interrogation purposes in accordance with departmental policy.
- you cannot be released from employment for any missed time resulting from an interrogation.
- you must be notified of the name, rank and the command of interrogating officers and names of all persons in attendance during interrogation.
- you shall be questioned by no more than 2 interrogators at one time.
- you shall be notified as to the nature of the investigation, prior to the interrogation.
Interrogation rights according to POBOR
- the interrogation session must be for a reasonable period of time, based on the gravity and complexity of the charges being investigated.
- personal and physical necessities will not be denied
- you will not be subject to offensive language or threats of punitive actions
- interrogations may inform you tha failure to respond to any questions may result in punitive action
- no promises of reward will be made to induce answers
- there will be no media coverage or release of personal information without your explicit consent
- no coerced statements made by a correctional peace officer under investigation is admissible in any subsequent civil proceedings except:
1) If CDCR is seeking civil sanction or administrative action against you.
2) A civil action, brought by you or your representative, arising from a disciplinary action
3) if statements made by you, under investigation, are used for purposes of impeachment
4) statements made by you, under investigation, and you later die
While under investigation you shall have access to:
All recordings of your interrogation, prior to any further interrogation
Transcripts of the interrogation and any reports or complaints, except: transcripts, notes, or reports deemed confidential.
Confidential material may not be entered into your profile.
While under investigation you may: bring a personal recording device and record any and all aspects of the interrogation.
If before or during the investigation a criminal indictment is possible, you will immediately be informed of your constitutional rights.
Job/ duty assignments
During an investigation, you have rights regarding job/duty assignments
However, a supervisor has the right to change an assignment in order to ensure the safety and security of the workplace, facility or camp operation
During the investigation and disciplinary process, you are granted due process
True or false
True
The right to have an internal administrative investigation completed and be notified of any proposed disciplinary action within one year under normal circumstances
Due process
Exceptions to due process
The time taking for disciplinary action is tolled while the alleged misconduct or act is the subject of a criminal investigation or prosecution
You sign a waiver extending the one your time period
The investigation involves more than one jurisdiction or agency and requires a reasonable extension
The investigation involves an employee who is incapacitated or otherwise unavailable and requires a reasonable extension
The investigation involves civil litigation where you are a defendant and the action is still pending until civil action is adjudicated
The investigation involves criminal litigation where the complainant is a criminal defendant; the time is tolled while the criminal defendant is being prosecuted
When the investigation involves an allegation of Worker’s Compensation fraud, the 1 year time period does not apply
If the department decides to take punitive action they must notify you in writing, including the date the discipline takes effect, within 30 days of its decision, unless you are unavailable for discipline.
According to due process an investigation may be reopened against you if:
Significant new evidence is discovered that is likely to effect the outcome
The evidence needed to conduct the investigation could not be gathered within the 12 month timeframe, without extraordinary measures
The evidence resulted from your pre-disciplinary response or procedure
Why is Cdcr Required to have an office of internal affairs
According to the Penal Code, the legislature, in summary, fines and declares that investigations of the California department of corrections and rehabilitation be conducted by their respective offices of internal affairs, or any successor of these offices. They are required to use appropriately trained personnel, who perform their duties with honesty, credibility, and without any conflicts of interest.
What are the hiring requirements of a person assigned to conduct internal affairs investigation’s
Investigators are correctional peace officers. They know the rules and regulations under the departments culture. They know the code of ethics and use of force policies; and they are best qualified to find the facts on an incident
According to PC, the hiring requirement for becoming an investigator includes completing a thorough background check. This background check shall be in addition to the original screening conducted when the person was hired as a peace officer. Canidates shall satisfactorily pass both background checks
In addition they must have and receive 40 hours of specialize investigative training
Identify why internal affairs investigation’s are conducted
Required by law
The department has a duty to hold staff to expectations required by the general public; the people we serve and protect.
If the department does not investigate wrongdoing, The publics confidence and perception would diminish. If the department conducts a speedy, complete investigation, the public is reassured.
If we lose the publics confidence, the public will demand outside investigations by other agencies of our law enforcement family, the legislatures and grand juries and special federal magistrates.
We are public servants and the public has the right to expect us to honor their trust. The OIA is our best guarantee to maintain the publics confidence
What types of employee actions can be investigated
Misconduct
Cdcr equal employment opportunity/sexual harassment
Discrimination
EEO retaliation
Allegation inquiry
Criminal
Administrative
Whistleblower retaliation
Worker’s Compensation fraud
Employees use or deadly force
What types of employee actions can be investigated
Personal complaints
Allegations of misconduct of an employee received from any source
What types of employee actions can be investigated
Omission
Failing to do what is required by law, policy or procedure
What types of employee actions can be investigated
Misconduct
Personal complaints
Acts
Omissions
What types of employee actions can be investigated
Acts
Engaging in contact in violation of law, policy or procedure
POBOR protects you during:
Pre-interrogation
Interrogation rights
Job/duty assignments
Due process
what you have access to during investigation
Where is an investigation conducted
An investigation Can occur at your home, place of business and even outside the state of California
Every allegation of employee misconduct with CDCR shall be promptly reported, objectively reviewed and investigated when appropriate
You will identify, in progressive order, how the investigative process takes place
- Central intake unit (CIU)
- Regional assignments
- Agent assigned
- Investigation conducted
- Reports
- Reviews
- Hiring authority decisions
A complaint is sent to the CIU, whose staff are responsible for receiving, screening and analyzing the allegation of misconduct. CIU agents review the complaint and determine whether it warrants an investigation or direct adverse action.
The complaint is then submitted to the central intake panel comprised of stakeholders from OIA and the employment advocacy and prosecution team. The officer of the inspector general will make a decision on the complaint. Not all complaints are investigated by OIA.
Central intake unit CIU
Upon case acceptance, the investigation is usually assigned to the region the complaint was generated or where the employee works.
Regional assignments
Each region has an OIA investigation team and the complaint is assigned to an agent within the region.
Agent assigned
The agent reviews the case and all relevant facts surrounding the complaint. Subjects/witnesses are interviewed and documents reviewed.
Investigation conducted
The agent then take the information collected and writes a report of their findings
Reports
This report is reviewed by levels of OIA, administrative supervision;or, by the local district attorney of the county, if it is a criminal act.
Reviews
Where a complaint has been investigated by the OIA, a report is sent to the hiring authority for review and disposition. This may include no action, training, or corrective or adverse action up to and including dismissal from state service.
Hiring authority decisions
Identify 4 reasons that may require the transportation of inmates outside of the institution.
- Medical appointments: madefor any treatments not available inside institution.
- Court appearances: lawsuits, child custody, and testimony.
- Emergencies: unplanned events
- Institutional transfer: inmate transfer from one institution to another.
Identify the first step in planning and preparing for transport.
The first step in planning a transport is to obtain the appropriate documents relating to the transport.
What are the 3 necessary forms for transporting an inmate.
CDC 2170: inmate transport and guarding assessment
CDC 7252: request for authorization of temporary removal for medical treatment.
Inmate housing assignment change located in SOMS.
Medical records
X-rays
C-file (electronic or paper)
Body reciept located in SOMS
Warden’s checkout order
2 current photos-one with you/ one with sally port tower
Temporary release order (TRO)
What are the responsibilities of an officer assigned to obtain a vehicle for transport.
- Obtain vehicle based on the needs of the inmate
- Obtain keys
- Conduct a safety and security inspection of the transportation vehicle.
- Check all safety and security equipment
- Check for communication devices in vehicle
- Pay special attention to the security cage
- Pay special attention ti the security of the containment area.
Identify the responsibilities for preparing an inmate for a medical transport.
- Ensure you are transporting the correct inmate
- Ensure inmate has medication
- Ensure you have health care aids and appliances for inmates with disabilities
- Ensure inmate is isolated from the general population
- Conduct an inmate unclothed body search
- Dress inmate in CDCR approved clothing
- Process inmate out of receiving and release (R&R)
- Review the inmates C-file reveiw
- Place the inmate in the appropriate restraint gear.
You will identify 3 safe practices for transporting inmates
- Inmate position in the vehicle
- Preferred lane of travel
- Observe all traffic laws
The inmate should always be positioned behind the diver when utilizing a sedan. This is to ensure the cover officer can see the inmate at all times.
Inmate position in vehicle
The purpose of driving in the fast lane is to ensure the safety of the driver. The median can also be used as an escape route in the event of an emergency.
Preferred lane of travel
You are required to obey all traffic laws because you are responsible for the safety of staff, inmates and the public.
Observe all traffic laws.
What are 3 responsibilities when transporting an inmate to a hospital by ambulance.
(Ambulance escort)
9 steps
- Retrieve a hospital kit from central control or the main infirmary.
- Conduct an unclothed body search of the inmate, using a handheld metal detector.
- Dress inmate in CDCR approved clothing
- Recieve pertinent medical information from on duty medical staff
- Place inmate in mechanical restraints for transport
- Be equipped with an expandable baton and pepper spray (no firearms)
- Have a hand held radio and cellphone
- Maintain control of inmate, but assist medical staff as needed
- Be present in surgery or operating rooms during procedure.
What are 3 responsibilities when transporting an inmate to a hospital by ambulance.
(Chase vehicle officer)
5 steps
Draw all of the weapons
Attempt to prevent other vehicles from positioning themselves between the transport and chase vehicle
Must be prepared to intervene if there is an escape attempt by others
Provide coverage from outside the examination room once you reach the medical facility
Position yourself outside the inmates room where you can see all enterances and exits
What are 3 responsibilities when transporting an inmate to a hospital by ambulance.
(Hospital coverage)
9 steps
Check in with officer or nurses stattion
Notify watch office that you arrived and relay any pertinent information
Conduct inventory of all equipment
Review inmate information (CDCR 2170)
Conduct security check of inmate restraints and room (remove phone)
Ensure that the inmate is not occupying a room with a civilian patient
Log all activities on CDCR 114 A
Maintain constant and direct supervision of the inmate at all times.
Provide coverage until properly relieved.
What are 3 responsibilities when transporting an inmate to a hospital by ambulance.
Ambulance escort
Chase vehicle officer
Hospital coverage
What are your responsibilities when an inmate you are transporting escapes.
The primary distinction between the use of deadly force in the community versus the institution: no warning shots can be fired
If an inmate attempts escape during a transport: initiate a reasonable pursuit procedure without losing custody of any remaining inmates or endangering civilians and contact nearest local law enforcement, your institution or nearest institution for assistance, utlilizing CMARS or dial 911
Identify responsibilities if an inmate needs to use the restroom during transport.
Choose an isolated service station. The station must be chosen with the mindset of an ambush. Stop only if it can be done without jeopardizing security. If it is not practical, do not stop.
Unarmed staff: search restroom for weapons/escape route, escort and maintain constant and direct observation of the inmate at all times.
Armed staff: keep public away and maintain security of the vehicle
What is an extraction
An extraction is the involuntary removal of an inmate from any area i.e cell, dorm, yard, or shower
Extractions are necessary when inmates refuse to leave any area voluntarily and must be removed by using physical force
Identify four conditions that necessitate a controlled extraction
Inmate refusal to allow their cells to be searched
Inmate refusal to remove window or door coverings, which prevents staff from conducting proper security checks and counts
To affect a change of location when an inmate refuses to relocate
Medical order by a physician (medical treatment or forced medication)
This occurs when inmates resist Staff orders to comply and refuse to leave the area. The inmates presence in that sell, yard, or area poses a clear threat to the safety and security; however, there is no immediate threat to safety or security
Controlled extraction
Prior to a controlled extraction, the inmates will be given ample opportunity to comply. This is referred to as:
“Cool down” period
Identify four conditions for caring out an immediate extraction
Great bodily injury
Attempted suicide/hanging
Self-mutilation
Medical: nonresponsive, convulsion or seizure
How can immediate extractions be conducted
Without prior approval and without the presence of a supervisor if you have sufficient staff
Without the physical presence of medical staff
This is the immediate removal of an inmate from a location when emergency conditions exist, which if not stopped, would create a substantial risk of great bodily injury to the inmate or other persons, or significantly jeopardize institutional security
Immediate extraction
Identify actions to take prior to performing an immediate extraction
Activate personal alarm
Alert medical staff
Notify supervisor and responding staff to the nature of the emergency
Determine the location of the incident
Identify the names and CDCR Numbers of inmates involves when ever
possible
Determine if any weapons are involved
Follow instructions given by a supervisor
If your supervisor is not available, call for a secondary supervisor
Continue monitoring the situation until sufficient staff or a supervisor arrives on scene to supervise the extraction
Extract the inmate only with sufficient staff
Identify the strategic placement of each cell extraction team member who enters the cell
First: shield officer
Second: baton officer/back up officer
Third: hand cuff officer
Fourth: leg restraint officer
Before the team enters the cell this person will be stationed at the door in the position designated by the response supervisor. This person has the proper and necessary keys.
They advise the entry team of the location of the inmate and if there are any visible weapons or hazards present prior to the entry
They are responsible for opening the door/food port only when instructed to do so by the response supervisor: allow disbursement of OC pepper spray and/or team entry, allow use of OC X – 10 extension device for the removal of objects/barricades from doors or food ports, and to allow the inmate to submit to restraints
Door/food port officer