Rashid Flashcards
Max vacation/annual leave
non uniform - 640
uniform - 816
grievance, complaint
retention
G - 3 years
C - 1 year
AA shall be destroyed
5 years after employee served
AA that results in FWR or corrective documentation
retention of
remove doc from PF after 3 years
but keep doc in AA file for 5 years
7E retention
investigation control log
at division for 5 years
extending probation
ok for PDH (5 days)
not ok to finish RDP
PDH time to prep
4 hours state time
(both employee and rep)
PDH period
starts day after notice served
ends at 1700 hours
10 working days later for uniform
5 working days later for non uniform
Employee may file appeal with SPB
within 30 calendar days after
effective date of NOAA
FWR appeal
within 14 calendar days of
PDH decision
NOAI shall inform of
date, time, location
scope
rank, name command
rep
mitigating
searching locker or
other place for storage
presence
consent
notification and time to respond
search warrant
probation reports shall be completed
within 10 days of each designated period
6 month probation
840 hours
appraisals: 2, 4, 6 months
then 6 months later, and every year thereafter
12 month probation
1,680 hours
appraisals: 4, 8, 12 months
retraining due to leave or seperations?
less than 1 year: at area
12mo-2 yrs: refresher at academy
over 2 yrs: reinstatement at academy
days to return after military leave
14 calendar days
military leave terms
short term: 6 mo or less
long term: more than 6 mo
can’t be more than 5 years
CHP 738, 739 (FMLA) shall be provided within
5 business days
of FMLA request
739: med cert form
FMLA time worked requirement
12 months state service
at least 1,250 hours during previous 12 months
absence for more than ___ would be FMLA
3 consecutive calendar days
employee time to submit FMLA medical cert
15 calendar days
10 calendar days extension
AWW off for whole pay period, what shift due you change to?
30 days +, revert to 8’s
less than 30 days, remain on AWW
AWOL
auto resignation after 5 or more consecutive working days
(starts on next scheduled shift, following last day worked)
voluntary or involuntary (arrested)
whether or not they called in
uniform replaced ID cards, separation ID cards
disposition?
shall be destroyed at the command
sick leave usage
increments of 30 minutes
vacation credits used
increments of 30 minutes
OT credit
1/4 hour (15 minutes)
full 1/4 hour credit after more than half (7.5 minutes)of 1/4 hour period worked
meal periods
not within 3 hours of beginning or end of shift
rest periods
not within 1 hour of beginning or end of shift
OT for non uniform
earned for work in excess of 40 hours per week
NOT based on work in excess of 8 hours per day
max CTO
non uniform 240 hours
uniform 480 hours
not available for voluntary OT if worked how many hours?
16.5 hours in ANY 24 hour period
Doc time minimum
1/10 hours, 6 minutes
Is AWOL reported on a STD 634
not reported on 634
STD 634 required for
Sick leave self or family
jury duty
IDL
NDI
bereavement
FMLA
absence without pay (not AWOL)
how many STD 634s per employee per pay period?
only one per pay period
time to comply with informal discovery request
15 days
how long does the department’s have to responed to a PRA and how do you calculate it?
calculate 10 calendar days
1st day following the request is day 1
if day 10 is a weekend or holiday, use the next business day
additional time for PRA
14 day extention if “unusual circumstances,” must notify requester
PRA request and response retention
3 years at command
CHP 520, PRA log, is forwarded to division
quarterly basis
PRA for criminal report involving JUVENILE
if 14 or older and serious felony
may release NAME and OFFENSE
handling of 1421 request
original doc holder responds to PRU within 2 business days of request to notify if records exist.
within 3 business days of request, shall send records to PRU
heating, cooling, water heater
heating- not above 68
cooling- not below 78
water heater- max 105
DUI max cost recovery
$12,000.00
CHP 78 shall be used to initiate all service agreements which are _____ regardless of dollar value and for one time services of _____ or more
repetitive
$5,000
competitive bidding is required unless what?
amendment to agreement
less than $5,000
emergency
interagency agreement
public entity contract
legal defense or advice
X number is what
one time, short term, occasional, or single year, service under $5,000 from any source.
X number is a streamlined
mechanism to quickly obtain simple services that have a total cost under $5,000 per fiscal year
prohibited use of X number
for services already under contract
purchasing commodities only
using same X number twice
equipment rental longer than 1 month
quotes
2 from certified businesses
3 from non certified businesses
payment due to contractors
within 45 days of invoice
2400 CVC
CHP enforces law w/in jurisd.
is IC within jurisd.
covers state property
security for constitutional officers
all employees review command specific EOP
annually
span of control
max - 1:8 supervisor to sub.
optimal - 1:5
federal guidelines - 1:3-7
5 basic ICS functions (COPLF)
command
operations
planning/intelligence
logistics
finance
5 types of plans to assist with prep, response, mitigation of emergency incidents
EOP, emergency operations plan- prepared docs for earthquakes etc.
IAP, emergency action plan - existing emergency
OP, operational plan - major sporting event
72 hour self-sufficient operation- operational assistance will not be available
EAP, emergency action plan- facility specific “red binder”
area commander, supervisor, OIC can place neighboring area on TA when ALL are met
actual or potential threat to pub safety
beyond resource capabilities of area
division is notified
when on TA gas tanks shall not go below?
no less than 3/4 full
throughout duration
divisions need to have how many staging areas and what will they need to be able to accommodate ?
2 per division, can accommodate
at least 100 CHP uniform emp overnight
at least 30 PVs
after action MEMO are due to who and by when?
to division within 30 calendar days of conclusion of emergency
(done by IC)
after action REPORT
to ACF within 60 calendar days of conclusion of TA
generally accepted response of personnel to request for mutual aid is?
50% of available on-duty personnel
Mobil Field Force
minimum of 52 uniform personnel to be dispatched in 14 general purpose PVs
what shall be done prior to using pain compliance at a civil disturbance?
shall be a lawful order to disperse
basic element in a tactical unit
squad
squad composition
a leader (preferably a SGT)
11 officers
4 PVs
arrest squad composition
leader (preferably SGT)
11 officers
platoon composition
leader (normally LT)
2-3 squads
company composition
leader (captain, assisted by 2 LTs)
4 squads (minimum)
battalion composition
leader (assistant chief or higher)
2 or more companies
lifting or carrying a resistor
3 officers, minimum
mass arrest restraint chain (can’t use on)
person uncooperative to the extent that injury to themselves or other arrestees is imminent
who is not normally arrested at a civil disturbance
minor under 12
at incident command post how many arrest kits are required
at least 2 kits
chemical protective masks shall be inspected
quarterly and
prior to use
3 reliable/scientific FSTs
HGN
walk and turn
one leg stand
90% reliability for .08%+ BAC
SHOULD be used
Person selects a breath test but is suspected of DUI drugs
must also do blood
can do urine if hemophilia, anti coagulant/heart condition, etc.
can juvenile consent to chemical test
can consent (if alone)
parents can refuse (if present)
no right to have parents present during test
can juvenile waive miranda, can they give a statement?
can waive miranda and give statement (if alone)
parents can refuse (if present)
RIGHT to have parents present during questioning
blood and urine specimen retention
minimum 1 year
even if early adjudication
breath test- how many samples and how close must the samples be?
2 samples
within. 02% agreement
observed for 15 minutes
PEBT and PAS checked for accuracy
every 10 calendar days or
150 tests
whichever occurs first
(same for both devices)
(PAS within .01% of known solution)
inventory of PASs
every 10 calendar days
DS 367, 367M and breath results to DMV
within 5 business days
blood test results to DMV
within 15 calendar days
PAS device in/out log retention
2 years plus current year
Ingersoll decision safeguards for DUI checkpoint
1) established by supervisory LE
2) neutral formula
3) proper lighting, warning signs
4) location chosen by policy-making officials
5) high visibility
6) detention only long enough to look for DUI
7) advance publicity
checkpoint operational plan
to division at least 1 week prior to date of checkpoint
checkpoint operational plan retention
2 years plus current year
at the completion of checkpoint
CHP 205 to division
within 48 hours
news release prior to checkpoint
48 hours prior
general info only
specific location, no sooner than 2 hours prior to checkpoint start
3 primary factors to assist in determining reasonableness of UOF (Graham factors)
1) severity of crime
2) immediate threat to safety
3) active resistance/attempt to evade
immediate force examples
aerosol spray
ECD
kinetic energy weapon
impact weapons (baton)
can use intermediate force when
immediate threat of harm to officer or others
the decision regarding which force option to select should be guided by the following principles
1) sound, professional judgment
2) objective reasonableness, based on the totality of the circumstances
3) de-escalation
department approved handcuffing is not
UOF
what must be done before using deadly force if safe?
if reasonably safe and feasible
SHALL use other available resources and techniques
basic principles for all handcuffing
balance, awareness, control
at officer’s discretion, exempt from handcuffing to the rear
sick, injured, disabled
elderly
visibly pregnant
PHYSICAL body cavity search
shall not
baton: potentially lethal striking areas, shall be avoided unless deadly force is authorized
head
neck
throat
spine
sternum
groin
oc spray
may carry
incapacitation 15-45 minutes
shall not be used at less than 3 feet
WMD, PPE inspection
upon issuance and
quarterly thereafter
coveralls replaced within 5 years
less lethal shotgun: potentially lethal target areas
head
neck
throat
spine
optimal deployment range for LL shotgun
5-60 feet
12 guage shotgun with energy munitions: preferred target areas (regions)
hip
pelvic
buttock
ECD dart spread rate
1 foot spread for every 9 feet travel
ECD optimal distance
7-15 feet
ECD min and max effective range
0 inches to 25 feet
ECD should not be used on
handcuffed
person in control of vehicle
pregnant
elderly
frail
less than 80 pounds
young children
ECD shall not use
as a prod
to arose conciousness
expose to flamables
could fall/water
ECD shall avoid intentionally targeting
head
face
neck
throat
groin
spine
*preferred to split the belt line
ECD probes shall not remove
groin
breast of female
head/eyes
neck
spinal column
joints
ECD download and retention
download monthly
records retained for life of ECD plus 10 years
mentor program:
memo
assigned mentor
post program assessment
memo and assigned mentor: first 30 days.
assessment, no later than 30 days after program conclusion
regular contact b/t mentor and mentee for 6 months
entering POST training in ETRS
upon course completion
entering all other training into ETRS
shall be entered within 10 business days
mutual aide regions
7
CHP are peace officers in adjacent state when
1) request for services
2) situation requires immediate LE action or other emergency action
milage limit for peace officer powers
50 statute miles along the common border
“interstate mutual assistance agreements”
fresh pursuit act
extends peace officer authority to other state when in fresh pursuit of fleeing felon
timely and continuous pursuit
not applicable to misdemeanors, but this would be allowed per IMAA (50 mile rule)
exclusive federal jurisdiction
all federal, state is without power to enforce fed, state, or local laws
partial jurisdiction
for day to day LE activities, same as exclusive. state reserves the power of taxation
concurrent jurisdiction
fed and state have same authority over land. can’t vote for fed laws, but all else CHP can enforce as usual
*all national forests are concurrent jurisdiction
national forests vs national park
NF - concurrent jurisdiction
NP - Exclusive jurisdiction
proprietary jurisdiction
feds have some interest in the property, but no jurisdiction. CHP provides a full range of services
fish and game code violations on Indian reservations or rancherias
can only enforce against non-native Americans
CVC infractions, DL laws (including misdemeanors) on reservation
shall not enforce against tribal members
but can enforce against non tribal members, or when members are on a different tribe’s reservation
indian reservations are to be considered
exclusive jurisdiction
cant enforce:
parking violations
impose admin per se sanctions
zero tolerance minor DUI laws
ordinances
exception to indian reservations when?
local tribes can contract for police services
exclusive or partial jurisdiction
we wont routinely patrol or take enforcement action on any highway
shall not place in custody arrest diplomats or consulars when?
diplomatic or consular immunity claimed
its verified or suspect its valid
diplomatic arrests
exempt from arrest or detention, immune from prosecution
- family gets same protection
consular officers
immunity from arrest or detention except for felony warrant, immune from prosecution only for official acts
- family not immune
signing 215, diplomatic/consular immunity
if verified, dont need to sign
if placed under arrest, then claims immunity
shall not be physically restrained
unless necessary for protection
vehicle owned by someone with immunity
shall not search or store/impound
ok if 11-25
foreign nationals
shall attempt to determine citizenship ONLY if arrest or detention exceeds 2 hours
(can’t for traffic stop)
making a correctable violation non correctable
- persistent neglect or
- immediate safety hazard or
- refusal to correct
phone calls (adults)
- at least 3 completed calls, immediately upon booking or when detained.
- except where physically impossible
- no later than 3 hours after arrest
phone calls by custodial parent
2 additional calls
immediately upon request
or as soon as practical
phone calls (minor)
2 calls
no later than 1 hour of custody
how long can you detain a minor
not longer than 6 hours
must transport to juvenile facility
miranda for juveniles
if not interrogated, must advise of
miranda, just prior to release
private person arrest
- have to accept custody but dont have to physically arrest
- can ID then release
- if for a felony or misd, mandatory appearance, take before magistrate, if satisfied of PC
- if not satisfied of PC, you can release for any crime, with CHP 103
issue CHP 103 if
arrested and released
- supervisor shall have 103s
- complete in duplicate
- original to area, other to person
- if DA declines prosecution out of arrest, mail 103
regular traffic stop distance
high risk/felony stop distance
10 feet
30 feet
prima facie rules
- 10+ = shall stop and take appropriate enforcement action
- 5-9 = should “
- 1-4 = may “
absolute speed limit rules
- 5+ = shall stop and take appropriate enforcement action
- 1-4 = may “
slow moving vehicle enforcement action
- 10+ below normal speed of traffic = shall stop and take appropriate enforcement action
- 5-9 “ = should “
- 1-4 “ = may “
victims that have right to confidentiality
hate crime
sexual assault
DV
DV related incident reporting
monthly to DOJ
family violence incident, firearm
- take
- hold not less than 48 hours (unless evid)
- other weapons like knives, release after 48 hours, no letter needed
- once they present letter, no later than 5 business days after LE gun release app by DOJ, must release
MJ 18 vs 21
- 18 up to 21 (not including), must have prescription
- 21 and older its legal
missing person under 21 or at risk
notify DOJ within 2 hours
locating missing person
- immediately report to AG
- notify original agency within 24 hours
amber alert criteria
- confirmed abduction by anyone (including parent)
- 17 or younger, or disabled
- imminent danger
- info to disseminate
STD 99 other agency
if completed by other agency, forward to CHP within 10 days
STD 99 retention
2 years
STD 99 enter into SCARS
within 10 days following receipt
what is a threshold incident
high probability of lawsuit
threshold example
- CHP seriously injured or killed
- public seriously injured or killed, and involves CHP
- intentional or accidental discharge at person, on or off duty, whether struck or not
- any sensitive or complex internal investigation where liability appears to be on the department
what is a non threshold
not arising to threshold, but potential liability
non threshold examples
- PV collision, other visible/cop to public
- UOF causing visible/cop to suspect or bystander
- other visible/cop from handcuffs
- HR/felony stood, on innocent person
- slip and fall in lobby
- innocent spike strip
- damage from push bumpers
threshold notification and 268
immediate notification to ORM via ENTAC
268 within 7 calendar days (to division)
non threshold notification and 268
no notification required
268 within 7 calendar days
what is a 268
attorney client privilege document to OLA to notify of potential liability incident
how many 268s for multiple suspects and multiple employees?
only one 268
threshold vs non threshold preservation of evidence
T = 10 years
NT = 5 years
if incarceration, hold for incarceration period or the above respective lengths, whichever is longer
AA and 268
268 not included in AA packet
what is CHP 275
stats for UOF
can you do a 275 and 268 together?
may have both, if so route together
CHP 275, when
- any UOF, injury or not
- could have 275 non injury, with no 268
- ex. UOF to overcome physical resistance
275, discharg of firearm
do a 275, whether or not suspect is struck
control hold and 275
yes, do one
attacks on officer (275 required)
- serious or fatal injury to officer
- suspect shoots at officer, even if not struck
- in these cases there’s no requirement for the officer to have used force (to have to complete 275)
CHP 275 forwarded
to division within 7 calendar days of incident
mere DISPLAY, THREAT, ATTEMPT, force (ECD, baton, KEW, firearm)
no 275
use of handcuffing technique on compliant subject
no 275
inadvertently injure a univolved party. Is it a UOF? what would you need?
no 275, not UOF
- canine bites wrong person
- ECD probe hits wrong person
(but would need a 268)
how many 275s when more than one member of the public, more than one employee?
only one 275
reporting in custody death
ORM within 7 calendar days
AG within 10 calendar days
in-custody death defined
process of arrest or pursuit of suspect (not death of other parties)
UOF
in-custody, temporary or not
incarcerated
STD 270, defined
preserves details of TC
CHP 208 DEFINED
evaluates preventability of TC
STD 270 AND CHP 208
- State or personal vehicle (state purpose) driven by state driver injury or property damage
- State vehicle legally parked TC
- alleged state vehicle caused TC, whether or not physically contacted
- unreported damage discovered
- hidden damage discovered
- legal intervention, that meets definition of TC
no STD 270 or CHP 208 required
- pursuit and only damage or injury to suspect vehicle or suspect
- PIT damage to either vehicle, damage only on contact point
- spike strip damage to PV
STD 270 routing
DGS AND Office of Risk and Insurance Management (ORIM) within 48 hours, Division within 7 calendar days
CHP 208 routing
Division within 7 calendar days
STD 270 and CHP 208 retention
threshold = 10 years
non threshold = 5 years
CHP 187A
reports pursuit for allied agency. due to CHP no later than 30 calendar days
CHP 287 is what?
claim of $1,000 or less
CHP 268 for 287
do a 268 and route to ORM through division within 7 calendar days
(you may not have known about this until submission on 287)
CHP 287 routing
to ORM, via email, within 48 hours. Original mailed to ORM
payout of 287 claim
deliver to claimant as soon as practical
but no later than 24 hours of receipt of check
max vacation/CTO, uniform and non uniform
non uniform- vacation 640, CTO 240
uniform- vacation 816, CTO 480
special pay report due
by May 1 to HRS, PTU
FMLA forms to employee
CHP 738, 739, 740
to employee within 5 business days
complaint findings
sustained
unintentional error
undetermined/no finding
departmental
exonerated
complaint classifications
category 1, 2, other
other complaints
departmental
citation validity
rescinded
frivolous
non compliants
traffic
vehicle storage/impound validity
other agency
off duty conduct
civilian complaint forms
non uniform 240D
uniform 240B
initial complaint correspondence/
return of forms from civilian
initial, 5 business days
return, 10 business days
complaints due
regular- 60 days
legislative- 30 days
complaint closing correspondence
30 days
approval of complaint (who)
category 1 = division
category 2 = area commander
reporting complaint info
annually, no later than January 20, to OIA
contacting SCIF when employee has been off duty
at least monthly
121D to division
by 10th of each month- division copy shall have off duty/ limited duty for 30 or more days, may have less
(injury/illness status report)- commanders copy at area shall have both.
employee off for 30 days on injury/illness
shall report the day following the 30th by com-net to AC and division
CHP 443
employee shall provide physician with this
(limited duty assignment, physicians report)
STD 634 due
no later than 1st working day following end of pay period
death/serious injury to employee, notification
- AC and division - immediately
- MIS to AC and division - within 24 hours
DOSH - within 8 hours
State fund - ASAP
reoccurrence of injury
CHP 51 within 24 hours
OSHA 300 log
- record injury within 6 days
- if injury change within 5 years, update original OSHA 300
- shall post log between 2/1 and 4/30 (previous year)
CHP 121 and OSHA 300 retention
5 years
CHP 121 packet timeline
- complete and sign by officer and SGT = within 24 hours
- commander’s signature = within 3 days
- to SCIF = within 5 days
CHP 442, individual accident, recognition record
within 3 days of notification of initial or change, update record
CHP 600/601
to employee within 24 hours
- privacy rights, coping with injury
SCIF 3301, employee claim for workers comp
- initiate and provide to employee within 24 hours
- forward to SCIF within 5 days
commander’s memo (injury)
review with employee within 24 hours
limited duty max
max = 2 years
- commander can approve up to 1 year
- AC approves every 3 months after that, up to 2 years
travel advance
not less than $25
-submit no earlier than 2 weeks, no later than 2 days before trip
- must clear balance no later than 10 calendar days after trip
SB 1421 and AB 748 PRU notifications?
- notify PRU by telephone, within 2 business days of request, whether records exist
- if exists, forward to PRU within 3 business days of request
SB 1421 delay for criminal investigation
- ongoing crim.
- 60 days
- 180 day intervals
- up to 18 months
- unless extraordinary circumstances warrant more delay
SB 1421 delay (admin investigation)
- ongoing admin.
- 180 days
- or 30 days after close of crim. (whichever is later)
AB 748 delay (active investigation)
- 45 days
- reassess every 30 days, notify requester
- up to 1 year, unless extraordinary circumstances
court and admin per se witness fee
both are $275 deposit and per day
- only if subpoenaed by the defense- no personal checks by def. if has an attorney
PAS inventory
every 10 days
speedometer calibration/accuracy check
annually
special relationship training
annually
substance abuse 6 C’s
consistency
confirmation
collection of sample
chain of custody
control of quality
contracts
non sensitive position chemical test?, reasonable suspicion based on?
- cant compel test
- based on articulable facts, close observations, good faith
I&I vs substance abuse
I&I = .01 to .039
SA = .04+
PRS audit
Quarterly
9.2 chemical test
alcohol = breath only
drugs = urine only
combo = both breath and urine
no blood unless for crim
urine test
-watch leave the body
-60 ml sample (BU5), 30 ml for other
-split into 2 (BU5 = 30 ml each)
OIA notification of 9.2
within 48 hours after sample
testing kits for 9.2
2 (urine) per command, in secure location
negative results retention
5 years, separate from PF
202X, 9.2 report to employee
within 48 hours
signed by confirming official
EAP sessions
-BU5 and BU7 = 7 sessions (plus family (also uniform excluded employees get 7)
-everyone else = 3
CISD
24-72 hours after
shooting, mandatory for involved
for shooting officer and all involved, including despatch time off?
5 days paid ATO
COSC meetings
-quarterly
-within 15 days following DOSC/EOOSC
COSC minutes
to division within 10 working days
action plan/IIPP retention
3 years plus current
CHP 113, injury and collision report, submission
quarterly
15th day following month
usually if something is due monthly
due on 10th of next month
usually if something is due quarterly
15th day of following month
DOSH complaint letter
respond within 14 calendar days
Posting DOSH letter and response
- for minimum of 3 days or
- until unsafe condition is corrected
100 forms are maintained
5 years, separate from PF
probationary hours
6 months = 840
12 months = 1,680
probation extension
when absent for 60 consecutive working days may extend
annual appraisal extension
- absent for 30 consecutive days (ex. illness)
- can extend by 3 months
- reverts back to regular interval after that
118 retention
4 years, plus current
FTO hours
- minimum 600 (all 4 phases)
- limbo date count for hours, but not rated
- orientation week doesn’t count for hours OR rating
- phases 1-3 = 187 hours each
end if training cycle forms
- to statewide FTEP coordinator within 30 days of end of trading cycle
meeting with trainee
commander or management meet and end of 1st and 3rd phase (to ensure no discrimination or harassment)
online sexual harassment training (SGT and above)
every 2 years, within 6 mos of promotion
informal EEO
have 11 months to file
formal EEO
have 10 working days after informal EEO decision
CHP 612, formal discrimination complaint, retention
2 years
EEO investigation retention
5 years
change fund max
$100.00
change fund shortage
must report shortage of $6 or more
petty cash max
$300.00
petty cash purchase
max $50, excluding tax
-approval needed
funds audit
- commander appoints someone other than the custodian to perform…
- quarterly, surprise audit
- also annual surprise audit by a different person then custodian
donations for explorers
deposited within 72 hours
establishing a POST (minimum)
5 explorers
5 adult advisors
explorer age
15-21
age out the year they turn 21 (can finish chartered/calendar year)
disbursement of funds from explorer account
- under $1,000 = no approval req.
- excess of $1,000 = commander
- excess of $5,000 = division com.
- excess of $10,000 = board of directors
RTO
40 hours per cadet
max 120 hours per year
use within 1 year (extension per commander)
range deficiency memo
by 2/15 each year
pistol
all uniform
- quarterly shoots = 100 rounds
- can make up but 150 rounds max per session
- qualify = annually with 50 rounds
- night shoot = should
- tactical movement = shall
shotgun
capt and below
- quarterly = 18 rounds, no more than 30 per shoot, can make up
- qualify = annually, 8 rounds
- night shoot = should
- tactical movement = shall
rifle
capt and below
- quarterly = 40 minimum, make up ok, 60 max
- qualify = annually
- night shoot = should
- tactical movement = shall
180 notice
- sent within 48 hours
- 10 days to request hearing
- hearing within 48 hours of request
180 evidence tow retention
2 years
provide with tow hearing decision and CHP 422B
within 10 business days
asset forfeiture 300A, summary report
to division monthly, by 10th of next month
asset forfeiture training
annually
verification of asset forfeiture training
by 6/30
prop 65 hazmat
- notify county health and board of supervisors
- within 72 hours
hazmat =
42 gallons + on roadway
anything in dirt, drain, water
407E hazmat
- to division
- within 10 business days
- original to CVS within 30 business days
hazmat report retention
1 year plus current calendar year
215 signature box
owner’s responsibility
in custody
parental notification
complaint to be filed
refused
statistical purposes only
215 white/green copy retention
white = 6 months
green = 1 year
CHP 36 used for
record
receipt
notice
declaration
affidavit
report
booking date/receipt date
may differ but no more than 3 calendar days
evidence should be purged
- weekly basis
- check cases status as follows:
felony = every year
misd/infraction = after 6 months
status of case update
court officer informs evidence officer within 2 days of DA declining case
adjudicated case evidence must be held until appeals period has expired
felony = 90 days
misd = 60 days
juvenile = 90 days
court ordered release of firearm appeal
department can appeal within 10 days
evidence in passthrough/temporary lockers
no more than 1 day, excluding weekends
notification for evidence tow
- to DA within 72 hours
- not including weekends and holidays
evidence tow invoices
to division
within 3 business days
posting staff meeting minutes
for 5 days
at area
202D, consent search, retention
3 years
management philosophies (PLOPC)
public responsibility
leadership and innovation
organizational development
personnel development
command accountability
formal grievance/complaint retention
G = 3 years
C = 1 year
grievance/complaint elements
1) alleged violation
2) statement of problem
3) proposed remedy
specialty pay positions
motorcycle
pilot/flight officer
bilingual
investigator
once initiated, an administrative investigation has 4 possible outcomes
adverse action
RDP
miscellaneous investigation
non-punitive termination
adverse action penalties
1) FWR
2) suspension
3) reduction in salary
4) demotion
5) involuntary transfer
6) dismissal
admin investigation due to OIA
within 60 days
notes from meet and confer
kept by commander for 6 months
ATO notification
- CalHR notify of ATO of 30 days or less.
- CalHR approval required if ATO goes past 30 days
ATO without pay
shall serve NOAA within 15 days
AA ranges
1) division commander range
- FWR
- 1-5 days; equivalent step reduction
2) AC range
- 6-20 days; equivalent step reduction
- removal from specialty pay position
3) commissioner/deputy commission range
- dismissal
- demotion
- suspension in excess of 20 days; equivalent step reduction
- RDP
- non-punitive termination
effective date of AA non uniform, SGT, officer
no less than 25 days after service
effective date of AA for managers
no less than 20 days after service
days of suspension, how are they scheduled for officers and sgts?
officers/SGT - no RDOs or holidays in suspension period
PDH period
uniform - 10 working days after service
non uniform - 5 working days after service
PDH period when mail service
extra 5 days
extra 10 days for out of state
RDP appeal
no later than 15 days to SPB
leaves
regular leave = up to 1 year- commissioner approval
adoption leave = up to 1 year- commissioner approval
temporary leave = up to 30 days- commadner approval
informal leave = up to 11 days- commander approval
working days for qualified pay period
11 or more
working days in pay period for healthcare
1 working day
MM validity
9 months, with possible 6 month extension
com-net validity
90 days (if it contains policy/procedures)
strategic plan
1) protect life and property
2) enhance public trust through superior service
3) invest in our people
4) anticipate public safety and LE trends, and provide assistance to allied agencies
bereavement
- close = 24 hours per occurrence
- not close = 24 hours per fiscal year
retirement seminar
was 50, now 49, entitled to 1 shift of state time to attend
if you lose or damage state property, what can you do?
may use leave credits to satisfy (not sick leave)
cash out of hours
- 80 hours annually
- department notifies by May 1
- employee requests during month of May, recieve cash out payments in june
department policy is contained in
GOs
HPMs
temporarily in MMs and com-nets
com-net containing policy shall be incorporated
within 45 calendar days
category 1 correspondence vs category 2 correspondence
cat 1 = CHP 51, memo
cat 2 = CHP letterhead
manager role in substance abuse
- acts as confirming official
- authorizes test based on reasonable suspicion
sensitive positions for substance abuse
- could endanger health and safety of others
- peace officer
- cadet
- auto tech
- CVIS
- PSD/PSO
involuntary sample
- only for sensitive positions, based on reasonable suspicion
- can’t impose test on non sensitive position, but they can provide an unsolicited sample
confirming official cant be
- cant be sup/mgr that noticed or formed reasonable suspecion
- confirming official would be Lt. or above
officer, annual performance (118) completion
within 60 days of anniversary due to HRS.
SGT 118S due
within 60 days of end of year due to HRS.
chapter inspections
minimum of 2 per calendar year
home storage of state vehicle
commander = 70 miles max
non commander = 50 miles max
negative 9.2 result
- sample = negative 3 weeks
- 202X with results attached = 2 years, not in PF
- negative results alone = 5 years, not in PF
- not retained at area
positive 9.2 result
part of AA, positive sample one year -20 degrees centigrade
reporting shortages in the fund
no later than the first business day following discovery
primary method for obtaining office and janitorial supplies
CalCard program
general rule for inspections
- Inspect 10% or at least 10 items.
- if discrepancy exists, inspect an additional 10% for 20% or at least 20 items.
- if there’s still a discrepancy, inspect 100%
- if only 10 items, inspect all
prior inspection
- at least 5 items from the most recent inspection shall be evaluated.
- if there’s a discrepancy, inspect entire, 100%
an inventory is
survey of 100%
conducted annually
evidence keys
- commander has 1 property room key and one set of temporary locker keys (always)
- if one evidence officer, he has a second property room key and a second set of temporary locker keys.
- if there’s a second property officer, everyone has a property room key (3 total), but the second set of temporary locker keys is placed in the property room for access by both property officers.
state fuel cards
max use = 5x per day
max = $3,500 per month
ok for: gas, oil purchase (not change, top off only), tire change/balance
explorer program, 4 modes
training
operational support
fundraising
social modes
explorer monthly financial statement AND annual audit
area commander is responsible
senior volunteer qualifications
no felonies
available during office hours
minimal supervision
at least 50
senior volunteer ID cards
when resigned, removed, etc.,
send to the statewide coordinator
medical care for senior volunteers and explorers
not covered by worker’s compensation
injuries to SVP members
not counted toward area’s occupational safety goals
both explorers and SVP can drive
state vehicles with certain qualifications
explorers access to
CLETS, MDC, CAD is ok if they sign confidentiality, CHP 101
keys to the ammo locker
limited to the number of primary range officers (no more than 2 + the commander’s emergency access key)
annual firearm inventory
April 1 of each year, academy weapons unit will send a report of firearms assigned to the command. commander shall designate 2 employees to physically verify.
annul ECD inventory
every September academy weapons unit will send report. physically verify
training for less lethal shotgun
annually
less lethal shotgun shall be inspected and cleaned
quarterly
4 authorized uniforms
formal uniform
work uniform
utility uniform
cold weather uniform
campaign hat
when performing patrol duties, shall keep readily available within vehicle
ponytails
shall not be worn
soft body armor wearing
mandatory
body armour replacement
within 5 years
body armour incident
as soon as practical but no later than 10 working days after, forward report to OLA
wearing reflective vest
- traffic control
- outside of PV at checkpoint, COZEEP, MAZEEP
tow hearing results 422B
- whether valid of invalid, retain for 2 years
- route to division within 5 working days, party get 422B within 10 business days.
money in temporary locker
cannot exceed $1,000. must be in property room.
cash assets having no evidentiary value
shall be deposited into an interest bearing account, within 10 working days
asset forfeiture, seizing real property
shall not
asset forfeiture, seizing personal items
departments policy is to NOT
fatal, severe, or visible injury collision involving school bus, SPAB, general public paratransit vehicle, notify
by telephone:
- division commander
- research and planning section
fatal, severe, or visible injury collision involving school bus, SPAB, general public paratransit vehicle, Com-net
within 24 hours to OSR and CVS
MJ 18-almost 21
need prescription
MJ 21 and older
its legal
responsible for hazmat report
where first drop spilled. not necessarily where AOI happened in a TC. example, vehicle hits guardrail and lands in city street spilling hazmat. TC would be ours, hazmat would be city’s
hazmat falls on
LE agency with primary traffic investigation authority (2454 CVC, IC authority)
exception to reporting hazmat
ongoing criminal investigation
sight safety plan
required for ALL hazmat, regardless of size
verbal notification to OES
immediate
does media have access to disaster areas that have been closed to the general public
if properly identified, shall not be restricted
it is appropriate to deny media access when
- crime scene
- unrestricted access would interfere
- collision of military aircraft (but it’s ok until the military arrives)
collision reports and photos are releasable to
involved
- insurance companies
- attorney
media (only public portions)
public info releasable from collision
that which is on the CHP 288A
dont release
fatal victim info
specific injuries (only say “minor”)
BACs, PAS ok if PRAd
photos
releasable criminal arrest info
- arrestees full name (except juvi)
- arrestees address
- victim’s name and address (unless conf)
- time, date, location, circumstances
except as described, dont release arrest info of juvi, but can release collision info as follows:
name, age, hometown
public release of BAC results
can’t, but can give PAS results
radar/lidar unit recertification
every 30 months
dismissing citation already issued
- officer submits memo (and all copies of 215 if possible)
- commander prepares letter in quadruplicate
- send to court, DA, division (with photocopy of 215), and keep one at office
voiding citation not issued
- officer prepares memo
- commander writes “void” on all copies
- enters reason for voiding in “code and section”
- signs in the area below the reason for voiding
a citation is considered “issued” when
a violator has signed and receives a copy of the citation or a copy has been mailed
media release of employee personnel action
not releasable under POBR
upgrading classification of violation using 411
can’t, ex. upgrade infraction to misd of 411, must use complaint process to upgrade
TC report availability
within 8 working days
retain TC reports
48 months
unsolved felony 20001, 7 years, MAIT reports 10 years,
unsolved 20001 fatal, indefinitely
MAIT shall be utilized
1) fatal or severe injury TC involving CHP or Caltrans, including subcontractors. Even if the fatal or severe injury is to someone else, but involves CHP or Caltrans.
2) fatal or severe injury accident involving departmental aircraft
MAIT may be utilized
- would be appropriate
- fatality involving prosecution
- fatality involving combination vehicles
- significant amount of hazmat
- NTSB is also investigating
- fatal or severe injury involving roadway defect
- vehicle manufacturing defect
exclusive means by which peace officers personnel records can be disclosed
Pitchess motion
- complaints
- UOF
- racial profiling
- illegal search
- false arrest
judge will exclude what from PF
complaints more than 5 years prior to date of motion
category 1, 2, and other complaint retention
shall be destroyed after 5 years
staples to seal evidence
should not be used
What shall you not use plastic bags for pertaining to evidence
shall not for:
biological material
blood
saliva
fingerprints
living plant material
all tape seals shall have
booking officer’s:
initials
ID
date packaged
(written across both tape and package)
destruction of large quantities of controlled substance
- may be destroyed without court order
- only the excess of 10 pounds gross weight controlled substance
- or 2 pounds harvested cannabis
- requires division approval
place copy of 70.1, chapter 5, packaging of evidence
in a binder at each area’s packaging station
place all evidence and property in temporary storage locker
prior to end of work shift
storing evidence or property in personal locker
shall not
booking property for safekeeping and other as evidence/contraband
package separately
blue sensitive item serialized tape
may be used for items of value such as jewelry, shall be used for money/ controlled substances
evidence items that may require testing shall be what?
package separately from items that wont require testing
can you open evidence packaging to verify contents during audit, inspection, inventory
shall not
if need to open evidence to test, how do you do it?
shall not open on original seal
reseal as usual
seizing alcoholic beverages, do we?
should not seize or retain
except for felony cases
digital media taken by employees in performance of their duties
is the property of the department
weighing drugs- what type of measurement of weight and what are the before and after weights called?
- should be in grams
- item weight = the weight of the drugs and its first container/or original packaging AS FOUND
- package weight = weight of drugs, containers, after they have been placed in heat sealed bags, with evidence tape, barcode affixed, etc.
drugs with a street value of $10,000 or greater
shall not be stored in a temporary locker.
shall be secured in evidence/property room
caring for MJ plants
under no obligation to
do we count pills
shall be weighed, not counted
packaging guns
safe, unloaded
slide locked back
magazine removed
unloading magazine
not for forensic testing
packaging for guns
booking officer places firearm in box and makes safe.
evidence officer will secure firearm to the box
counting money
shall be counted by 2 separate employees, regardless of amount
one should be a supervisor
notification of money in excess of $1,000
during business hours evidence officer, alternative, or commander
if outside business hours, one of them shall respond to office
retention of CHP 36 and other attachments
shall retain for life of evidence plus 5 years
all serialized property must be
entered into APS
all firearms and ECDs must be entered into AFS
within 7 days
whether found, seized as evidence, or safekeeping
all firearms shall be entered into eTrace
within 7 days
purging criminal case evidence
return to owner/finder
sale or auction
destruction
recycle
discard
donate
convert to use for training
evidence hold times
- punishable by death = indefinitely
- 261 = indefinitely
- felony sexual offenses = 10 years
- CP = 10 years
- punishable by 8 years or more = 6 years
- = 6 years
- 192 = 6 years
- punishable by state prison = 3 years
- misdemeanor/infraction = 1 year
evidence from appeal case
hold until adjudicated
civilian complaint evidence
hold 5 years
biological material used to convict how long do we keep?
retain for duration of incarceration
two person rule for controlled substance destruction
use 2 people when packaging controlled substances for destruction
transportation of controlled substance for destruction
shall use 2 people, at least one armed officer
destruction of controlled substance
requires court order
CHP 37 and court order for destruction maintained for
5 years
who can’t we release firearms to?
convicted felon
addicted to any narcotic
245, ADW
417, brandishing
weapons seized during DV
hold for AT LEAST 48 hours
court order for firearm destruction
generally not required
retention of documents related to disposal of firearms
5 years
property supervisor shall conduct inspections of property system
quarterly
commander inspection of property room
one unscheduled, unannounced inspection per calendar year, does not count as quarterly inspection
property room inventory
annually
annual inventory of MVARS discs
not required due to high volume
change of property officer
100% inventory
change locks or
update biometric access
property officer
1 year road experience
should not be active field officer
should not be court officer
property officer serves for
minimum of 3 years
vehicle held as evidence
180 and 36
tow driver signs both
flatbed should be utilized
officer shall accompany tow to yard
MVARS discs shall be submitted
at conclusion of shift
MVARS significant event
red sleeve
MVARS filing
chronologically, separated by month
if third party information is contained on an MVARS
get Protective Order
bring to court to view
dont just release
Peace Officer owes a duty of care to the public when the officer:
(1) Places a person in peril;
(2) Affects or increases the risk of harm to a person by specific conduct; or
(3) Creates a special relationship by making an expressed or implied promise
Any uniformed employees establishing a special relationship as defined in this manual should remain at the scene until one or more of the following occurs:
(1) properly relieved
(2) relinquished scene management responsibilities properly
(3) reasonably apparent emergency requiring their immediate attention elsewhere.
(4) direction from a supervisor.
(5) assistance and/or protection no longer reasonably necessary.
dont have to remain with 11-26 or party when?
all reasonable steps have been taken to resolve the incident, so long as no reasonable foreseeable danger to the individual or other traffic exists.
single command pursuit
When an employee(s) from only one command is involved in a pursuit, regardless of whether or not the pursuit travels outside of the command’s geographical boundaries
officer in a pursuit in another area
officer’s home command is responsible
When more than one command and/or agency is involved in the same pursuit
each involved command and/or agency is responsible for completing and reviewing only those portions of the report that applies to their involvement.
MVARS DVD routine events retention
1 year
MVARS retention threshold vs non threshold
hold for 5 or 10 respectively
MVARS admin evidence
5 years
MVARS shooting incident
10 years
MVARS showing employee exposure to hazmat
30 years
earning the trust of CA communities three tenets
- individual evaluation
- respect and dignity
- unified vision
meetings and briefings minutes
- copy to division
- post copy at area for 5 days
- employee who were absent must read and initial
OIC shall only be appointed
- when 2 or more officers will be working under their supervision
- gets incentive if OIC for 6 hours or more
familiarity with CALEA
within 30 days of hiring
includes non uniform
MVARS policy review
annually
shall activate MVARS
enforcement contacts/peds
pursuits
code 3/emergency response
vehicle search/inventory
assisting disabled motorist
confrontational interactions
pat down/frisk
cant use MVARS to
- record other CHP when not in enforcement capacity
- recording allied agency
while transporting to book
may discontinue recording should record entirey if combative
retrieving loop footage
commissioner approval required
MVARS becomes inoperable
get new PV
personal use of MVARS footage
prohibited
cant make copy, record, etc
supervisor should review MVARS
- CHP severely injured or killed
- UOF, resulting in death or serious bodily injury
- in custody death
- PV TC resulting in death or serious injury
- pursuit
- intentional or accidental discharge of firearm
- to prove or disprove allegations of misconduct
may view MVARS
employee agrees
employee behaviors of concern
viewing MVARS in conjunction with annual eval
shall view minimum of 2
employees can view for
- AA
- preparation of written documents
- providing statement as victim/witness
- UOF
when regarding search and seizure and not addressed in policy, look to ______ for search and seizure
CPOLS
a search occurs when
an expectation of privacy that society is prepared to recognize as responsible, is infringed upon
a seizure of property occurs
where there is a meaningful interface with an individual’s possessory interest
MVARS for other than severe injury to officer
make copy
but policy doesn’t say to review
a seizure of a person occurs when
physical application of force or
submission to authority
search definition
a physical intrusion into one’s person or property to seek potential evidence or contraband that may be concealed. merely looking at that which is open to view is not a search (ex. plain view)
PC to search
enough facts, training, knowledge to provide a fair probability that the object being sought will be found in the location searched
consent validity
freely
voluntarily
standing over thing
ability to withdraw consent
can define scope
reasonable suspicion
- something related to a crime just happened, is happening, or is about to happen
- the person, vehicle detained is related to that activity (specific articulable facts)
search and seizure policy review
quarterly
When involved in a multi agency pursuit
The CHP Area or Allied agency shall only report the minutes and mileage for the time they were actually in control of the pursuit.
PRS time
shall be sent to division within 7 calendar days
area commander shall conduct audits _____ to ensure pursuit reports are completed on time.
quarterly
In the event the concern for potential civil liability arises as a result of a pursuit
a CHP 268, shall be completed, in addition to a pursuit report.
pursuit involving multiple officers from multiple areas
each area is responsible for documenting the time during which their units were involved. within that area
