Cal. Code Regs. Tit. 15, § 3268.3 - Reporting and Investigating the Use of Force for Field Staff

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) Use of 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 Incident Commander.
(3) The 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.
(b) 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 firearm.
(2) 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 documentation.
(d) Video Recording Requirements.
(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 custody location.
(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 reference.
(e) Reviewing 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.
(2) Use of Force levels of review include the following:
(A) Incident Commander Review, CDCR Form 3010-A (Rev. 9/09), Field: Use of Force Incident - Supervisor Review/Critique.
(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 reference.
(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.
(E) Field Executive Review Committee (FERC). Normally, the FERC is comprised of the following staff:
1. Regional Parole Administrator, Chief, or Assistant Secretary as chairperson and final decision maker,
2. At least one other manager,
3. Supervising Regional Training Coordinator,
4. A Use of Force Coordinator.
5. Other 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 reference.
(F) Department Executive Review Committee (DERC).
(f) Investigating Deadly Force and Any Use of Force that could have caused Death or Great Bodily Injury
(1) 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 in death.
(C) Every incident resulting in great bodily injury that could have been caused by a staff use of force.
(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 setting.
(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 DFRB.

Notes

Cal. Code Regs. Tit. 15, § 3268.3

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2651, 2652 and 5054 Penal Code; and Section 50, Civil Code.

1. New section filed 8-19-2010; operative 8-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).

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