Current through Register 2021 Notice Reg. No. 52, December 24, 2021
Force-Reporting Requirements. Every staff use of force is an incident that
shall be reported.
(1) Any employee who uses
force or observes CDCR staff use of force in a community or field setting shall
report it to a supervisor as soon as practical and submit the appropriate
documentation, prior to being relieved from duty. The documentation shall be on
a CDCR Form 1662-A (Rev. 9/09), Field Incident Report Part A-Cover Sheet, CDCR
Form 1662-B (Rev. 9/09), Field Incident Report Part B-Summary Information, CDCR
Form 1662-C (Rev. 9/09), Field Incident Report Part C-Employee Report, CDCR
Form 1662-C1 (Rev. 9/09), Field Incident Report Part C1-Supplement Page, which
are hereby incorporated by reference.
(2) Any employee not assigned to an
institution/facility who uses force or observes CDCR staff use of force in an
institution/facility environment, shall report it to a supervisor as soon as
practical and follow up with appropriate documentation as required in section
3268.1(a)(1). A copy of the report shall be provided to the employee's
supervisor and the original shall be retained by the institution/facility
supervisor shall document his or her review on a CDCR Form 3010-A (Rev. 9/09),
Field: Use of Force Incident - Supervisor Review/Critique, which is hereby
incorporated by reference, and forward it with the employee's document through
the designated chain of command, to the regional parole administrator for
approval or follow-up action.
Additional Reporting Requirements for Use
of Deadly Force.
(1) An employee who
intentionally or accidentally uses deadly force, whether on or off duty, shall
ensure that a supervisory employee is notified of the incident without delay.
This reporting is not required for the lawful discharge of a firearm during
weapons qualifications, firearms training, or other legal recreational use of a
A supervisor shall
ensure that the chain of command is notified and all necessary health and
safety, medical and security measures are initiated.
(A) The responding supervisor shall obtain a
public safety statement(s) (oral statement) from the staff employing deadly
force and shall document the essence of the oral statement in writing and
submit it to the incident commander. Providing a public safety statement does
not relieve the staff of the responsibility to submit a written report in
accordance with 3268.3(a), or within 24 hours after the incident.
(B) The responding supervisor shall ensure
local law enforcement is contacted.
(3) The incident commander or responding
supervisor shall notify the Office of Internal Affairs (OIA) and the Bureau of
Independent Review (BIR) as soon as possible, but no later than one hour from
the time the incident is discovered, of any use of deadly force and every death
or GBI that could have been caused by a staff use of force.
(c) Any employee who observes a
use of force that is unnecessary or excessive shall attempt to stop the
violation. Any employee who becomes aware of an allegation of unnecessary or
excessive use of force, shall report the allegation verbally to a supervisor as
soon as possible, followed by the submission of the appropriate
(1) A video recording is
required for Uses of Force which result in serious bodily injury or great
bodily injury, except when video recording is prohibited in a local jail or
(2) A video
recording of a person shall be made when the person has made an allegation of
an unnecessary or excessive use of force, except when video recording is
prohibited in a local jail or custody location. All allegations shall be
documented on a CDCR Form 3013-A (Rev. 02/10), Field: Supervisory Use of Force
Interview Guide and a CDCR Form 3014-A (Rev. 9/09), Field: Supervisory Use of
Force Interview Findings Report, which are hereby incorporated by
Use of Force Requirements.
(1) For reported
incidents, a good faith effort must be made at all levels of review in order to
reach a judgment whether the staff's actions prior to, during, and subsequent
to the force used was in compliance with regulations, procedure and applicable
law and determine if follow-up action is necessary.
Use of Force levels of review include the
(A) Incident Commander Review,
CDCR Form 3010-A (Rev. 9/09), Field: Use of Force Incident - Supervisor
(B) First Line
Manager Review, CDCR Form 3011-A (Rev. 9/09), Field: Use of Force Incident -
Manager Review/Critique, which is hereby incorporated by reference.
(C) Second Line Manager Review, CDCR Form
3012-A (Rev. 9/09), Field: Executive Review of Use of Force Critique and
Qualitative Evaluation/Analysis, which is hereby incorporated by
(D) Regional Use of
Force Coordinator Review. The Use of Force Coordinator shall normally schedule
all logged use of force cases for review within 30 days of their logged
occurrence. The Regional Use of Force Coordinator shall document their review
on a CDCR Form 3034-A (9/09), Field: Executive Review Committee - Use of
Force/Misconduct Allegation, and a CDCR Form 3036-A (9/09), Field: Executive
Review Committee Critique and Qualitative Evaluation/Analysis, which are hereby
incorporated by reference.
Field Executive Review Committee (FERC). Normally, the FERC is comprised of the
1. Regional Parole
Administrator, Chief, or Assistant Secretary as chairperson and final decision
2. At least one other
3. Supervising Regional
4. A Use of
designated supervisors and rank and file staff may also attend, as determined
by the Regional Parole Administrator. A representative of the BIR may also
attend and monitor FERC meetings.
6. The FERC shall meet to review its cases on
at least a monthly basis, or on a schedule to ensure all cases are reviewed
within 30 days. The FERC shall document their review on a CDCR Form 3035-A
(9/09), Field: Executive Review Committee/Further Action Recommendation-Use of
Force/Misconduct Allegation, which is hereby incorporated by
Department Executive Review Committee (DERC).
Investigating Deadly Force and Any Use of
Force that could have caused Death or Great Bodily Injury
Deadly Force Investigation Team (DFIT).
The following instances shall be referred to the DFIT for investigation:
(A) Every use of deadly force; except the
lawful discharge of a firearm during weapons qualifications or firearms
training, or other legal recreational uses of a firearm.
(B) Every use of force incident that resulted
(C) Every incident
resulting in great bodily injury that could have been caused by a staff use of
(2) The Deadly
Force Review board (DFRB) is responsible for conducting a full and complete
review of all incidents involving a use of deadly force and every death or
great bodily injury that could have been caused by a staff use of force,
regardless of whether the incident occurs in an institutional or community
(3) Every use of deadly
force and every death or great bodily injury that could have been caused by a
staff use of force will be investigated by the DFIT and reviewed by the