Management Memorandum (MM) Flashcards
MM 16-103
New Policy for HPM 110.1 - MAIT Operations and
HPM 110.5 - Collision Investigation Manual
HPM 110.1 - “In cases where there is potential for filing a charge of 187 PC, the interrogation of any suspect shall be electronically recorded in accordance with section
859.5 PC. Recordings shall be made by video for minor suspects; interrogation of adult suspects may be recorded by video or audio alone.”
HPM 110.5 - “In cases that may result in a charge of 187 PC, the custodial interrogation of any suspect shall be electronically recorded in accordance with section
859.5 PC. Recordings shall be made by video for minor suspects; interrogation of adult suspects may be recorded by video or audio alone.”
MM 16-063
CHP 36, Property Receipt, Retention Schedule
How long shall the CHP 36 be retained?
The retention time of the CHP 36 is the life of the evidence plus five years. Once all items listed on a CHP 36 are properly disposed of and the CHP 36 is closed in the Area Information System (AIS), the CHP 36, along with all supporting documentation, shall be retained for five years from the date of closure.
MM 17-004
Amendment of California Penal Code Section 32310, Rules Governing Large-Capacity Magazines
Section 16740 of the CPC defines large-capacity magazine as “…any ammunition feeding device with the capacity to accept more than 10 rounds.” Per CPC Section 32310(d), “Any person who may not lawfully possess a large-capacity magazine commencing July 1, 2017, shall, prior to July 1, 2017:
(1) Remove the large-capacity magazine from the state;
(2) Sell the large-capacity magazine to a licensed firearms dealer; or
(3) Surrender the large-capacity magazine to a law enforcement agency for destruction.”
In accordance with CPC Section 32310, the California Highway Patrol (CHP) will accept any large-capacity magazine(s) surrendered by any person who may not lawfully possess it. Large-capacity magazines relinquished to the CHP shall be documented on the CHP 36, Evidence/Property Receipt/Report, as surrendered property. Only the number of magazines surrendered shall be noted on the CHP 36; type, style, color, model, and manufacturer will not be required. Surrendered large-capacity magazines shall be
processed in the same manner as other firearm magazines, in accordance with Highway Patrol Manual (HPM) 70.1, Evidence Manual, and HPM 70.8, Firearms Manual. A copy of the completed CHP 36 shall be provided to the individual surrendering the magazines.
MM 17-006
Procedures for Processing Requests for Reasonable Accommodation Based on a Disability
Current policy requires commands to consult with the Office of Equal Employment Opportunity (OEEO) prior to the denial of a CHP 163, Reasonable Accommodation
Request, and provide OEEO with a copy of the completed CHP 163.
This policy revision will require all commands to consult with OEEO prior to rendering a decision on any reasonable accommodation request.
MM 17-021
Implied Consent - Updated Chemical Testing Procedures
Effective immediately, officers shall continue to ensure all blood samples obtained from a DUI suspect who is unconscious or unable/unwilling to provide free and voluntary consent to chemical testing at the time of the test are taken pursuant to a valid search
warrant, absent exigent circumstances. Exigent circumstances must go beyond the mere dissipation of alcohol/drugs in the suspect’s blood. If a suspect provides any indication they are unwilling to consent to a blood test, the officer shall seek a search warrant prior to obtaining a blood sample.
When an impaired driving suspect consents to a blood draw, officers should document any statements and/or nonverbal cues (e.g., rolling up sleeves, nodding) provided by the suspect indicating their consent.
MM 17-027
Approved Special Response Team Patches
Effective immediately, the departmental shoulder patch, sergeant chevrons, rank insignia patch, medic insignia patch, and American flag patch have been added to the
SRT equipment purchase list and are required to wear on the SRT chest protector.
MM 17-054
Air Operations Program Supplemental Firearm Authorization
Supplemental firearms shall be issued to uniformed employees assigned to the AOP. Effective immediately, pilots and flight observers assigned to the AOP may carry the supplemental firearm in lieu of the primary firearm when wearing an approved shoulder holster or tactical flight vest.
MM 17-056
Submitting Scanned Invoices for Payment
Effective November 15, 2017, commands shall submit scanned, rather than hard-copy, invoices to the Accounts Payable Unit for processing. This change is required by the transition from California State Accounting and Reporting System (CALSTARS) to
Financial Information System for California (FI$Cal).
The California Highway Patrol Intranet site has been updated to include instructions for delivering scanned documents to the appropriate directories, and other pertinent information. Refer to the FI$Cal option under Resources.
At the beginning of each month, commands shall collect the hard-copy invoice packages uploaded in the prior month and forward them to Fiscal Management Section, Accounts Payable Unit, for retention.
MM 17-057
Submitting Scanned CALATERS Global Transmittal Pages
Effective November 15, 2017, commands shall submit scanned, rather than hard-copy, CalATERS Global transmittal pages to the Travel Services Unit for processing. This change is required by the transition from California State Accounting and Reporting
System (CALSTARS) to Financial Information System for California (FI$Cal).
The California Highway Patrol Intranet site has been updated to include instructions for delivering scanned documents to the appropriate directory. Refer to the Travel option under Resources.
At the beginning of each month, commands shall collect the hard-copy transmittal packages uploaded in the prior month and forward them to Fiscal Management Section, Travel Services Unit, for retention.
MM 17-065
OFFICER SAFETY PRESUMPTIVE FIELD TESTS
Departmental personnel shall discontinue the use of presumptive field tests, Narcotics Identification System kits (NIK) solely to confirm the identification of suspected narcotics. The suspected narcotic shall instead be packaged according to policy and
sent to the appropriate lab for narcotic testing in accordance with the Area’s standard operating procedures. If any pills are seized, regardless of quantity, they shall no longer
be counted. The pills shall be weighed in their original packaging and the weights recorded. All pills and narcotics, excluding marijuana, shall be packaged in a heat-sealed bag and placed in a second heat-sealed bag. However, marijuana suspected of being laced with fentanyl shall be packaged in a heat-sealed bag and placed in a second heat-sealed bag.
Certain circumstances exist which may make presumptive testing of narcotics necessary. Those circumstances include, but are not limited to, the requirement of the district attorney in order jto file charges in conjunction with a felony investigation, or
when necessary to obtain a search warrant. Any other circumstances requiring presumptive testing shall be at the discretion of the command. Commands shall establish standard operating procedures to identify who can authorize presumptive tests.
When circumstances allow for presumptive testing of suspected narcotics, strict officer safety protocols shall be followed. Presumptive testing shall not be conducted on the roadside. Presumptive testing shall only be conducted in a secure environment,
specifically designated for such testing. All personnel engaged in presumptive testing of any narcotic shall don appropriate personal protective equipment including, but not limited to, nitrile gloves, particulate respirator N95 (08-092-06A), and safety glasses
(08-091-05) (all items available through the Supply Services Catalog). At the conclusion of the presumptive test, the designated testing area shall be decontaminated using cloth, premoistened wipes (04-005-50), available through the Supply Services
Catalog.
MM 17-071
UPDATE TO LESS-LETHAL SHOTGUN DEPLOYMENT REPORTING REQUIREMENT
Effective immediately, less-lethal shotgun deployment reports are no longer required to be sent to Divisions or the Academy. Use of force incidents shall be
documented in accordance with General Order (GO) 100.39, CHP 202, Driving Under the Influence Arrest-Investigation Report, and CHP 216, Arrest-Investigation Report, and GO 10.21, Blue Team and IAPro.
MM 17-019
2018 Occupational Safety Goals
The safety categories for 2018 are:
Deaths. Preventable deaths. Accidental discharges of firearms. Disabling injuries. Preventable disabling injuries. Disabling illnesses. Preventing disabling illnesses. Vehicle collisions are the following categories: Marked sedan/patrol utility vehicle.
Unmarked cars (Pool, UC, Commander cars)
Special Purpose (MCS vans, MRE trucks, Marked 4x4)
MC
Aircraft
NOTE: Preventable vehicle collisions are the same as written above.
The Dept. wants a 5% reduction in Preventable injuries & preventable collisions.
The goal is ZERO for preventable deaths, preventable aircraft collisions, preventable disabling illnesses, and accidental firearms.
MM 17-045
Reports of Incidents - Potential Civil Litigation and Use of Force
The CHP 268 shall only be stored in the “Risk Management Reports” under “Favorites” within Windows Explorer.
A Threshold incident requires immediate notification to ENTAC and shall be reported to ORM w/in 7 calendar days.
A Non-threshold incident requires the transmission of a completed CHP 268 w/in 7 calendar days.
In the instance when a CHP 268 cannot be completed in the required timeframe, a preliminary report shall be created. Save the report to the Area RM reports folder; this will serve as the required written notification to RMU.
Should more than one Dept. employee be involved in an incident w/potential civil liability, only complete one report. Same with more than one member of the public.
The supervisor shall complete the Supervisory Review including any perceived policy and/or law violations, and whether policy was followed.
All documents/materials marked as preserved shall be kept at the involved command.
All documents/materials marked as Preserved for Threshold Incidents shall be retained on a ten year litigation hold.—-Non Threshold = five years
Crim prosecution & incarceration?»_space;> hold evidence for above mentioned time periods or length of incarceration, which ever is longer.
Areas shall determine if civil litigation is pending prior to releasing or destroying preserved documents or materials.
Blue Team/IA Pro being replaced by CHP 275, for UOF incident reporting.
CCHP 275 not protected under attorney-client privilege.
UOF incidents which do not result in injury to the subject shall be documented on the CHP 275.
UOF incidents which result in injury shall be documented on a CHP 268 & 275. COP and/or visible injury shall be considered an injury for reporting purposes. ECD probe injury or redness does not count.
UOF by a civilian on a Peace Officer resulting in serious injury or death, including a gun shot, whether hit or not, shall be documented on a CHP 275.
CHP 275 shall be completed when an officer utilizes force to overcome physical resistance from an uncooperative subject.
CHP 275 transmitted to ORM w/in seven (7) days.
Display, threatened, attempted UOF does NOT constitute a UOF for reporting purposes.-EXCEPTION, discharge of firearm by Dept. member shall be reported.
CHP 268 shall be completed when firearm displayed at an innocent party.
CHP 275 shall be completed when having used a control hold to overcome physical resistance on uncooperative subject.
Canine supervisor shall complete his own CHP 275 when a canine is deployed as a UOF. Area Supervisor shall document all other force options on their own CHP 275.
All who review the CHP 275 shall document their review on the Routing Log w/in the CHP 275.
MM 17-089
Medicinal and Adult-Use Cannabis Regulation and Safety Act
- Adults 21 and older can use, possess, and cultivate specified amounts of cannabis and concentrated cannabis.
- A person must be 18 or older and have a current Dr recommendation, a valid county-issued med. marijuana ID card, or be a primary caregiver.
- Use remains legal for those with current Dr. note or county ID card.
- Purchasing recreational cannabis is legal for 21 and older.
- May consume cannabis on priv. property, but in public. Landlords may ban use and possession on their property.
- May transport in vehicle if in sealed container. May transport in trunk of in unsealed container.
- May not consume in vehicle.
- Consumption and possession on Federal lands is prohibited.
- Illegal to take cannabis across state lines
- Dr. note may be used in lieu of ID card.
- 21 YOA or older may possess 28.5 grams, 8 grams of concentrated cannabis, up to 6/plants of any size.
MM 17-057
Submitting Scanned Calaters Global Transmittal Pages
Effective 11/15/17 commands shall submit scanned rather than hardcopies.
